Bill Text: IA SF502 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to disclosures of certain information, including reprisals with respect to employees of the state and a political subdivision of the state and providing information to employees concerning the office of ombudsman. (Formerly SF 400.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-10 - Signed by Governor. S.J. 1196. [SF502 Detail]
Download: Iowa-2019-SF502-Enrolled.html
Senate
File
502
-
Enrolled
Senate
File
502
AN
ACT
RELATING
TO
DISCLOSURES
OF
CERTAIN
INFORMATION,
INCLUDING
REPRISALS
WITH
RESPECT
TO
EMPLOYEES
OF
THE
STATE
AND
A
POLITICAL
SUBDIVISION
OF
THE
STATE
AND
PROVIDING
INFORMATION
TO
EMPLOYEES
CONCERNING
THE
OFFICE
OF
OMBUDSMAN.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
70A.28,
subsections
2
and
5,
Code
2019,
are
amended
to
read
as
follows:
2.
A
person
shall
not
discharge
an
employee
from
or
take
or
fail
to
take
action
regarding
an
employee’s
appointment
or
proposed
appointment
to,
promotion
or
proposed
promotion
to,
or
any
advantage
in,
a
position
in
a
state
employment
system
administered
by,
or
subject
to
approval
of,
a
state
agency
as
a
reprisal
for
a
failure
by
that
employee
to
inform
the
person
that
the
employee
made
a
disclosure
of
information
permitted
by
this
section
,
or
for
a
disclosure
of
any
information
by
that
employee
to
a
member
or
employee
of
the
general
assembly,
a
disclosure
of
information
to
the
office
of
ombudsman,
a
disclosure
of
information
to
a
person
providing
human
resource
management
for
the
state,
or
a
disclosure
of
information
to
any
other
public
official
or
law
enforcement
agency
if
the
employee
,
in
good
faith,
reasonably
believes
the
information
evidences
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
danger
to
public
health
or
safety.
However,
an
employee
may
be
required
to
inform
the
person
that
the
employee
Senate
File
502,
p.
2
made
a
disclosure
of
information
permitted
by
this
section
if
the
employee
represented
that
the
disclosure
was
the
official
position
of
the
employee’s
immediate
supervisor
or
employer.
5.
Subsection
2
may
be
enforced
through
a
civil
action.
a.
A
person
who
violates
subsection
2
is
liable
to
an
aggrieved
employee
for
affirmative
relief
including
reinstatement,
with
or
without
back
pay,
or
civil
damages
in
an
amount
not
to
exceed
three
times
the
annual
wages
and
benefits
received
by
the
aggrieved
employee
prior
to
the
violation
of
subsection
2,
and
any
other
equitable
relief
the
court
deems
appropriate,
including
attorney
fees
and
costs.
b.
When
a
person
commits,
is
committing,
or
proposes
to
commit
an
act
in
violation
of
subsection
2
,
an
injunction
may
be
granted
through
an
action
in
district
court
to
prohibit
the
person
from
continuing
such
acts.
The
action
for
injunctive
relief
may
be
brought
by
an
aggrieved
employee
,
or
the
attorney
general
,
or
a
person
providing
human
resource
management
for
the
state
.
Sec.
2.
Section
70A.29,
subsection
1,
Code
2019,
is
amended
to
read
as
follows:
1.
A
person
shall
not
discharge
an
employee
from
or
take
or
fail
to
take
action
regarding
an
employee’s
appointment
or
proposed
appointment
to,
promotion
or
proposed
promotion
to,
or
any
advantage
in,
a
position
in
employment
by
a
political
subdivision
of
this
state
as
a
reprisal
for
a
disclosure
of
any
information
by
that
employee
to
a
member
or
employee
of
the
general
assembly,
or
an
official
of
that
political
subdivision
,
a
person
providing
human
resource
management
for
that
political
subdivision,
or
a
state
official
,
or
for
a
disclosure
of
information
to
any
other
public
official
or
law
enforcement
agency
if
the
employee
,
in
good
faith,
reasonably
believes
the
information
evidences
a
violation
of
law
or
rule,
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
or
a
substantial
and
specific
danger
to
public
health
or
safety.
This
section
does
not
apply
if
the
disclosure
of
the
information
is
prohibited
by
statute.
Sec.
3.
Section
70A.29,
subsection
3,
Code
2019,
is
amended
to
read
as
follows:
3.
Subsection
1
may
be
enforced
through
a
civil
action.
Senate
File
502,
p.
3
a.
A
person
who
violates
subsection
1
is
liable
to
an
aggrieved
employee
for
affirmative
relief
including
reinstatement,
with
or
without
back
pay,
or
civil
damages
in
an
amount
not
to
exceed
three
times
the
annual
wages
and
benefits
received
by
the
aggrieved
employee
prior
to
the
violation
of
subsection
1,
and
any
other
equitable
relief
the
court
deems
appropriate,
including
attorney
fees
and
costs.
b.
When
a
person
commits,
is
committing,
or
proposes
to
commit
an
act
in
violation
of
subsection
1
,
an
injunction
may
be
granted
through
an
action
in
district
court
to
prohibit
the
person
from
continuing
such
acts.
The
action
for
injunctive
relief
may
be
brought
by
an
aggrieved
employee
,
or
the
county
attorney
,
or
the
person
providing
human
resource
management
for
the
political
subdivision
.
Sec.
4.
Section
70A.29,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
Each
political
subdivision
of
this
state
subject
to
the
requirements
of
this
section
shall
provide
procedures
for
notifying
new
employees
of
the
authority
of
the
office
of
ombudsman
to
investigate
complaints
under
chapter
2C
and
shall
provide
information
to
all
employees
of
the
political
subdivision,
including
the
toll-free
telephone
number
of
the
ombudsman.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
502,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor