HSB 708

The bill amends current law relating to restrictions on the enforcement of state, local, and municipal laws by a local entity or law enforcement department to include a regents institution. The bill provides that a regents institution shall not adopt or enforce a policy or take any other action under which the regents institution prohibits or discourages the enforcement of state, local, or municipal laws. The bill amends current law to provide that any person may file a complaint with the attorney general alleging that a regents institution has violated the provisions of Code chapter 27B relating to the enforcement of state, local, or municipal laws. The attorney general shall review the complaint and any evidence in support of the allegation. The bill provides that a local entity or regents institution for which the attorney general has received a complaint shall comply with any reasonable document requests. The attorney general will maintain the confidentiality of a local entity’s or regents institution’s records produced in response to a document request. A complaint shall not be valid unless the attorney general determines that a violation by a local entity or regents institution was intentional or in reckless disregard for public safety. Current law provides that if the attorney general determines that a complaint against a local entity is valid, written notification shall be provided to the local entity. _____ days, the local entity shall provide the attorney general with the following: copies of all of the local entity’s written policies relating to the complaint, a description of all actions the local entity has taken or will take to correct any violations, and any evidence that would refute the allegations made in the complaint. The attorney general shall file a civil action in district court to enjoin any ongoing violation of Code chapter 27B by a local entity. No earlier than days after a final judicial determination that a local entity has intentionally prohibited or discouraged the enforcement of state, local, or municipal laws, the local entity may petition the district court to seek a declaratory judgment that the local entity is in compliance with Code chapter 27B. A local entity will be denied state funds for the state fiscal year in which a judicial determination in a civil action is made. The bill makes all of these provisions applicable to regents institutions. The bill provides that the district court shall have jurisdiction in all actions brought under Code chapter 27B, and the attorney general has the burden of proof by a preponderance of the evidence to prove violations of the Code chapter. The bill provides that a local entity or regents institution shall not blacklist or retaliate against an employee or official who makes a good-faith complaint or who gives a statement or testimony in proceedings related to the complaint or action. A local entity or regents institution that retaliates against an employee who makes a good-faith complaint is liable to an aggrieved employee for affirmative relief including reinstatement, civil damages, and any other equitable relief the court deems appropriate, including attorney fees and costs. DIVISION II —— PERSONAL INJURY OR ILLNESS —— PEACE OFFICERS AT REGENTS INSTITUTIONS. _____ employment shall not remove, discharge, involuntarily transfer, or take adverse employment action against the peace officer due to temporary or permanent restrictions that limit or prohibit the peace officer from working special events, overtime, or a specific shift provided the peace officer is able to work any regular shift with or without reasonable accommodations.