HB 2098

This bill requires a full-time, part-time, seasonal, or temporary employee of any state agency (" state employee "") who, in the regular course of the employee's official duties, has reasonable cause to suspect that another state employee has engaged in either of the following to promptly report the matter to a supervisor :  I mproper governmental conduct, which this bill defines as any conduct or omission that results in (i) a conflict of interest prohibited by state law, (ii) fraud, or (iii) theft of moneys or property belonging to or derived from federal, state, or local government sources that constitut es a felony offense under the laws of this state .  A crime, which this bill defines as a criminal act attempted or committed by misusing a state employee's access, duty, position, or responsibility as a state employee and constitutes a felony offense under the laws of this state . Upon receipt of a reporter's good faith report, this bill requires a supervisor to promptly submit a report containing the information to the attorney general. The supervisor must promptly submit to the attorney general any record, as allowed by law, in the supervisor's custody or control evidencing the improper governmental conduct or crime. Adverse employment action must not be taken by a supervisor against a reporter making a good faith report. As used in this bill, an ""adverse employment action"" mea ns constructive or actual discharge, suspension from employment, demotion, transfer, decrease in compensation or benefits, imposition of an unfavorable work schedule, or any other similar reprisal or retaliatory action . This bill provides that it is a Class B misdemeanor for a supervisor to intentionally fail to submit a report to the attorney general or fail to submit a record to the attorney general . A Class B misdemeanor is punishable by a term of imprisonment no greater than six months, a fine not to exceed $500, or both . DUTIES OF THE ATTORNEY GENERAL This bill requires the attorney general to create a form for use by supervisors when reporting good faith reports of improper governmental conduct or a crime and to make the form available to all state agencies. A reporter making a good faith report must cooperate with any investigation or inquiry initiated in response to the filing of the report. This bill requires t he attorney general to report to the chairs of the joint government operations committee on an annual basis regarding the number of reports received and the disposition of each report. WRITTEN POLICY – NOTIFICATION This bill requires each state agency to adopt a written policy on reporting improper government conduct and crime. The policy must include the submission of records evidencing the improper governmental conduct or crime. Further, e ach state agency must notify and inform state employees of the obligations and protections set forth in this bill."