HB 1540-2_ Filed 02/12/2001, 10:33


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1540 be amended to read as follows:

    Page 31, between lines 21 and 22, begin a new paragraph and insert:
    "SECTION 4. IC  4-15-10-4 IS AMENDED TO READ AS FOLLOWS: Sec. 4. (a) Any employee may report in writing the existence of:
        (1) a violation of a federal law or regulation;
        (2) a violation of a state law or rule;
        (3) a violation of an ordinance of a political subdivision (as defined in IC  36-1-2-13 ); or
        (4) the misuse of public resources;
first to a supervisor or appointing authority, unless the supervisor or appointing authority is the person whom the employee believes is committing the violation or misuse of public resources. In that case, the employee may report the violation or misuse of public resources in writing to either the supervisor or appointing authority or to the state ethics commission and any official or agency entitled to receive a report from the state ethics commission under IC  4-2-6-4 (b)(2)(G) or IC  4-2-6-4 (b)(2)(H). If a good faith effort is not made to correct the problem within a reasonable time, the employee may submit a written report of the incident to any person, agency, or organization.
    (b) For having made a report under subsection (a) or for contacting a state elected or appointed official under subsection (d), the employee making the report or contacting the state elected or appointed official may not:
        (1) be dismissed from employment;


        (2) have salary increases or employment related benefits withheld;
        (3) be transferred or reassigned;
        (4) be denied a promotion the employee otherwise would have received; or
        (5) be demoted.
    (c) Notwithstanding subsections (a) and (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employee's appointing authority or the appointing authority's designee. However, any state employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under the procedure as set forth in IC  4-15-2-34 and IC  4-15-2-35 .
     (d) Any employee may contact any state elected or appointed official for any reason. In addition to the protections offered by subsection (b), an employee contacting a state elected or appointed official may not be:
        (1) reprimanded;
        (2) investigated;
        (3) consulted;
        (4) disciplined;
        (5) interrogated;
        (6) accused of violating the chain of command; or
        (7) discouraged from contacting the state elected or appointed official.
No report, finding of fact, or other written document may be placed in the employee's personnel or employment file as a result of, or pertaining to, the employee's contacting a state elected or appointed official.

    (d) (e) An employer who violates this section commits a Class A infraction."
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1540 as printed February 9, 2001.)

________________________________________

Representative BUCK


RH 154001/DI lh
2001