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SF 3078

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 03:29pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; modifying whistleblower protections for public employees;
amending Minnesota Statutes 2018, section 181.932, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, 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, suspected violation, or planned violation of any federal or state law or common
law 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;

(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 beginor
deleted text end

(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:

(i) a legislator or the legislative auditor; or

(ii) a constitutional officerdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (7) a public employee, in good faith, reports gross mismanagement or a gross waste of
funds to the employer, any governmental body, law enforcement official, the legislative
auditor, a member of the legislature, or a constitutional officer.
new text end

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