HF 542

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2013 04:49pm

A bill for an act
relating to state government; providing additional whistleblower protection
to state employees; amending Minnesota Statutes 2012, sections 181.931, by
adding subdivisions; 181.932, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 181.931, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Good faith. new text end

new text begin "Good faith" means conduct that does not violate section
181.932, subdivision 3.
new text end

Sec. 2.

Minnesota Statutes 2012, section 181.931, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Penalize. new text end

new text begin "Penalize" means conduct that might dissuade a reasonable
employee from making or supporting a report, including post-termination conduct by an
employer or conduct by an employer for the benefit of a third party.
new text end

Sec. 3.

Minnesota Statutes 2012, section 181.931, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin "Report" means a verbal, written, or electronic communication by
an employee about an actual, suspected, or planned violation of a statute, regulation, or
common law, whether committed by an employer or a third party.
new text end

Sec. 4.

Minnesota Statutes 2012, section 181.932, subdivision 1, is amended to read:

Subdivision 1.

Prohibited action.

An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment because:

(1) the employee, or a person acting on behalf of an employee, in good faith, reports
a violation deleted text begin or deleted text end new text begin , new text end suspected violation new text begin , or planned violation new text end of any federal or state law new text begin or
common law new text end or rule adopted pursuant to law to an employer or to any governmental
body or law enforcement official;

(2) the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;

(3) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or
regulation adopted pursuant to law, and the employee informs the employer that the order
is being refused for that reason;

(4) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm; deleted text begin or
deleted text end

(5) a public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate, including reports
to a governmental body or law enforcement official deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) an employee in the classified service of state government communicates
information that the employee, in good faith, believes to be truthful and accurate, and that
relates to state services, including the financing of state services, to:
new text end

new text begin (i) a legislator or the legislative auditor; or
new text end

new text begin (ii) a constitutional officer.
new text end

The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end