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2014 SESSION
HB 728 Fraud and Abuse Whistle Blower Protection Act; discriminatory and retaliatory action.
Introduced by: L. Scott Lingamfelter | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Discriminatory and retaliatory action against whistle blower; remedies. Provides that no employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. The bill also provides that any whistle blower may bring a civil action for prohibited actions against him in the circuit court of the jurisdiction where the whistle blower is employed. The bill provides that in a proceeding commenced against any employer for unlawful retaliation against a whistle blower, the court, if it finds that a violation was willfully and knowingly made, may impose upon such employer that is a party to the action, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,500, which amount shall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The bill also provides that the court may order remedies, including reinstatement to the same position or, if the position is filled, to an equivalent position; back pay; full reinstatement of fringe benefits and seniority rights; or any combination of such remedies. The bill also provides that the whistle blower may be entitled to recover reasonable attorney fees and costs. The bill also imposes a three-year statute of limitations for such actions.
FULL TEXT
- 01/07/14 House: Prefiled and ordered printed; offered 01/08/14 14100271D pdf | impact statement
- 02/07/14 House: Committee substitute printed 14104669D-H1 pdf | impact statement
- 03/03/14 House: Bill text as passed House and Senate (HB728ER) pdf | impact statement
- 03/27/14 Governor: Acts of Assembly Chapter text (CHAP0335) pdf
HISTORY
- 01/07/14 House: Prefiled and ordered printed; offered 01/08/14 14100271D
- 01/07/14 House: Referred to Committee for Courts of Justice
- 01/10/14 House: Assigned Courts sub: Civil
- 02/03/14 House: Subcommittee recommends reporting with amendment(s) (5-Y 4-N)
- 02/07/14 House: Reported from Courts of Justice with substitute (12-Y 10-N)
- 02/07/14 House: Committee substitute printed 14104669D-H1
- 02/08/14 House: Read first time
- 02/10/14 House: Read second time
- 02/10/14 House: Committee substitute agreed to 14104669D-H1
- 02/10/14 House: Engrossed by House - committee substitute HB728H1
- 02/11/14 House: Read third time and passed House (67-Y 32-N)
- 02/11/14 House: VOTE: PASSAGE (67-Y 32-N)
- 02/12/14 Senate: Constitutional reading dispensed
- 02/12/14 Senate: Referred to Committee on General Laws and Technology
- 02/24/14 Senate: Reported from General Laws and Technology (15-Y 0-N)
- 02/26/14 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/26/14 Senate: Read third time
- 02/26/14 Senate: Passed Senate (36-Y 1-N)
- 03/03/14 House: Enrolled
- 03/03/14 House: Bill text as passed House and Senate (HB728ER)
- 03/03/14 House: Signed by Speaker
- 03/06/14 Senate: Signed by President
- 03/27/14 Governor: Approved by Governor-Chapter 335 (effective 7/1/14)
- 03/27/14 Governor: Acts of Assembly Chapter text (CHAP0335)