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WITHDRAWN Noes _______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.)
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MO039502/DI 75 2004