Introduced Version
HOUSE BILL No. 1075
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 4-15-10-1
;
IC 9-13-2-176.5
;
IC 9-15-2-0.5
;
IC 9-15-2-3.
Synopsis: BMV employee whistleblower protection. Establishes
certain protections for an employee of the bureau of motor vehicles
commission (BMVC) who reports a violation of federal, state, or local
laws or the misuse of public resources. Requires the BMVC to adopt
a disciplinary personnel policy by rule that provides that if the result of
a disciplinary appeal is not agreeable to the employee, the employee is
entitled to institute a civil suit for a further appeal of the discipline, and
that a prevailing employee is entitled to costs of the action.
Effective: Upon passage.
Liggett
January 7, 2003, read first time and referred to Committee on Appointments and Claims.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
HOUSE BILL No. 1075
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-15-10-1; (03)IN1075.1.1. -->
SECTION 1.
IC 4-15-10-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
chapter:
"Agency" means any state administration, agency, authority, board,
bureau, commission, committee, council, department, division,
institution, office, service, or other similar body of state government
created or established by law. However, the term does not include
the
following:
(1) State colleges and universities.
(2) The bureau of motor vehicles commission unless the
bureau of motor vehicles commission has decided to be under
the jurisdiction and rules adopted by the state ethics
commission, as provided in
IC 9-15-2-2.2
(a)(2).
"Appointing authority" means the individual or group of individuals
who have the power by law or by lawfully delegated authority to make
appointment to a position in an agency.
"Employee" means an employee of an agency except an elected
official.
"Supervisor" means an individual who oversees the daily activity of
an employee.
SOURCE: IC 9-13-2-176.5; (03)IN1075.1.2. -->
SECTION 2.
IC 9-13-2-176.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 176.5. "Supervisor", for
purposes of
IC 9-15-2
, has the meaning set forth in
IC 9-15-2-0.5.
SOURCE: IC 9-15-2-0.5; (03)IN1075.1.3. -->
SECTION 3.
IC 9-15-2-0.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.5. As used in this chapter, "supervisor"
means an individual who oversees the daily activity of an employee.
SOURCE: IC 9-15-2-3; (03)IN1075.1.4. -->
SECTION 4.
IC 9-15-2-3
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) If the commission has established a
code of ethics for its employees under section 2.2(a) of this chapter,
an employee of the commission may submit a written report to the
employee's supervisor or a commission employee with authority
greater than the employee's supervisor concerning the existence of
a violation of a federal law or regulation, a violation of a state law
or rule, a violation of an ordinance of a county or municipality (as
defined in
IC 36-1-2-11
), or the misuse of public resources.
However, if:
(1) the employee believes that the supervisor and the
commission employee with authority greater than the
employee's supervisor are committing a violation or misusing
public resources; or
(2) the employee reports the suspected violation or misuse to
the supervisor or commission employee with authority greater
than the employee's supervisor and a good faith effort is not
made to correct the problem within a reasonable time;
the employee may submit a written report of the violation or
misuse to any person, agency, commission, or organization.
(b) If an employee submits a report under subsection (a), the
employee 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;
solely for submitting the report.
(c) Notwithstanding subsections (a) and (b), an employee must
make a reasonable attempt to ascertain the accuracy of any
information submitted in a report and may be subject to
disciplinary actions, including suspension or dismissal, for
knowingly furnishing false information, as determined by the
employee's supervisor.
(d) An employee disciplined under subsection (c) may appeal the
disciplinary action under the procedure set forth in a personnel
policy adopted by a rule of the commission. The rule must provide
that, if the result of the decision reached in the appeal is not
agreeable to the employee, the employee may institute a civil action
to appeal the disciplinary action. The preferred venue for the civil
action is in the county in which the employee is employed.
(e) If the employee prevails in a civil action brought under
subsection (d), the court shall allow the employee reasonable
attorney's fees, including litigation expenses, and costs.
SOURCE: ; (03)IN1075.1.5. -->
SECTION 5. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding
IC 9-15-2-3
, as added by this act, the bureau of
motor vehicles commission shall adopt a personnel policy that
includes a disciplinary procedure described in
IC 9-15-2-3
(d), as
added by this act. The policy must provide that, if the result of the
decision reached in the appeal is not agreeable to the employee, the
employee may institute a civil action to appeal the disciplinary
action. The bureau of motor vehicles commission shall carry out
the duties imposed on it by
IC 9-15-2-3
, as added by this act, under
interim written guidelines approved by the bureau of motor
vehicles commissioner.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under
IC 9-15-2-3
, as added by
this act.
(2) January 1, 2004.
SOURCE: ; (03)IN1075.1.6. -->
SECTION 6.
An emergency is declared for this act.