This bill aims to establish protections for state employees in South Dakota who report improper governmental conduct or crimes. It introduces several key definitions, including "adverse employment action," "good faith report," and "reporter," which clarify the terms under which state employees can report misconduct without fear of retaliation. The bill stipulates that a reporter who makes a good faith report is immune from civil or criminal liability and prohibits state agencies from taking adverse employment actions against reporters for their disclosures. However, this immunity does not apply to employees who participated in the misconduct or made false reports.

Additionally, the bill allows reporters to bring civil actions against their supervisors or state agencies for violations of these protections, with potential remedies including reinstatement, back pay, and attorney fees. It emphasizes that disclosures must be made in good faith and with a reasonable belief in their accuracy, and it sets a two-year limit for bringing such actions. The bill also clarifies that reporters are not required to exhaust internal procedures before pursuing legal action. Overall, the legislation seeks to encourage transparency and accountability within state agencies by safeguarding employees who report wrongdoing.

Statutes affected:
Introduced, 01/10/2025: 3-6C-1