Bill Text: MN SF443 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Whistleblower protection for state employees modification
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2013-05-08 - HF substituted on General Orders HF542 [SF443 Detail]
Download: Minnesota-2013-SF443-Engrossed.html
1.2relating to state government; providing additional whistleblower protection
1.3to state employees;amending Minnesota Statutes 2012, sections 181.931, by
1.4adding subdivisions; 181.932, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 181.931, is amended by adding a
1.7subdivision to read:
1.8 Subd. 4. Good faith. "Good faith" means conduct that does not violate section
1.9181.932, subdivision 3.
1.10 Sec. 2. Minnesota Statutes 2012, section 181.931, is amended by adding a subdivision
1.11to read:
1.12 Subd. 5. Penalize. "Penalize" means conduct that might dissuade a reasonable
1.13employee from making or supporting a report, including post-termination conduct by an
1.14employer or conduct by an employer for the benefit of a third party.
1.15 Sec. 3. Minnesota Statutes 2012, section 181.931, is amended by adding a subdivision
1.16to read:
1.17 Subd. 6. Report. "Report" means a verbal, written, or electronic communication by
1.18an employee about an actual, suspected, or planned violation of a statute, regulation, or
1.19common law, whether committed by an employer or a third party.
1.20 Sec. 4. Minnesota Statutes 2012, section 181.932, subdivision 1, is amended to read:
2.1 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
2.2threaten, otherwise discriminate against, or penalize an employee regarding the employee's
2.3compensation, terms, conditions, location, or privileges of employment because:
2.4 (1) the employee, or a person acting on behalf of an employee, in good faith, reports
2.5a violationor, suspected violation, or planned violation of any federal or state law or
2.6common law or rule adopted pursuant to law to an employer or to any governmental
2.7body or law enforcement official;
2.8 (2) the employee is requested by a public body or office to participate in an
2.9investigation, hearing, inquiry;
2.10 (3) the employee refuses an employer's order to perform an action that the employee
2.11has an objective basis in fact to believe violates any state or federal law or rule or
2.12regulation adopted pursuant to law, and the employee informs the employer that the order
2.13is being refused for that reason;
2.14 (4) the employee, in good faith, reports a situation in which the quality of health care
2.15services provided by a health care facility, organization, or health care provider violates a
2.16standard established by federal or state law or a professionally recognized national clinical
2.17or ethical standard and potentially places the public at risk of harm;or
2.18 (5) a public employee communicates the findings of a scientific or technical study
2.19that the employee, in good faith, believes to be truthful and accurate, including reports
2.20to a governmental body or law enforcement official.; or
2.21(6) an employee in the classified service of state government communicates
2.22information that the employee, in good faith, believes to be truthful and accurate, and that
2.23relates to state services, including the financing of state services, to:
2.24(i) a legislator or the legislative auditor; or
2.25(ii) a constitutional officer.
2.26The disclosures protected pursuant to this section do not authorize the disclosure of data
2.27otherwise protected by law.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
1.3to state employees;amending Minnesota Statutes 2012, sections 181.931, by
1.4adding subdivisions; 181.932, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 181.931, is amended by adding a
1.7subdivision to read:
1.8 Subd. 4. Good faith. "Good faith" means conduct that does not violate section
1.9181.932, subdivision 3.
1.10 Sec. 2. Minnesota Statutes 2012, section 181.931, is amended by adding a subdivision
1.11to read:
1.12 Subd. 5. Penalize. "Penalize" means conduct that might dissuade a reasonable
1.13employee from making or supporting a report, including post-termination conduct by an
1.14employer or conduct by an employer for the benefit of a third party.
1.15 Sec. 3. Minnesota Statutes 2012, section 181.931, is amended by adding a subdivision
1.16to read:
1.17 Subd. 6. Report. "Report" means a verbal, written, or electronic communication by
1.18an employee about an actual, suspected, or planned violation of a statute, regulation, or
1.19common law, whether committed by an employer or a third party.
1.20 Sec. 4. Minnesota Statutes 2012, section 181.932, subdivision 1, is amended to read:
2.1 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
2.2threaten, otherwise discriminate against, or penalize an employee regarding the employee's
2.3compensation, terms, conditions, location, or privileges of employment because:
2.4 (1) the employee, or a person acting on behalf of an employee, in good faith, reports
2.5a violation
2.6common law or rule adopted pursuant to law to an employer or to any governmental
2.7body or law enforcement official;
2.8 (2) the employee is requested by a public body or office to participate in an
2.9investigation, hearing, inquiry;
2.10 (3) the employee refuses an employer's order to perform an action that the employee
2.11has an objective basis in fact to believe violates any state or federal law or rule or
2.12regulation adopted pursuant to law, and the employee informs the employer that the order
2.13is being refused for that reason;
2.14 (4) the employee, in good faith, reports a situation in which the quality of health care
2.15services provided by a health care facility, organization, or health care provider violates a
2.16standard established by federal or state law or a professionally recognized national clinical
2.17or ethical standard and potentially places the public at risk of harm;
2.18 (5) a public employee communicates the findings of a scientific or technical study
2.19that the employee, in good faith, believes to be truthful and accurate, including reports
2.20to a governmental body or law enforcement official
2.21(6) an employee in the classified service of state government communicates
2.22information that the employee, in good faith, believes to be truthful and accurate, and that
2.23relates to state services, including the financing of state services, to:
2.24(i) a legislator or the legislative auditor; or
2.25(ii) a constitutional officer.
2.26The disclosures protected pursuant to this section do not authorize the disclosure of data
2.27otherwise protected by law.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
