SB 395-4_ Filed 02/17/2004, 12:49 Liggett


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 395 be amended to read as follows:

SOURCE: Page 1, line 1; (04)MO039502.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-15-10-1; (04)MO039502.1. -->     "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: Page 2, line 23; (04)MO039502.2. -->     Page 2, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: IC 9-13-2-176.5; (04)MO039502.6. -->     "SECTION 6. 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; (04)MO039502.7. -->     SECTION 7. 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; (04)MO039502.8. -->     SECTION 8. 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: Page 6, line 1; (04)MO039502.6. -->     Page 6, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: ; (04)MO039502.26. -->     "SECTION 26. [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, 2005.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 395 as printed February 13, 2004.)

________________________________________

Representative Liggett


MO039502/DI 75     2004