National Conference of State Legislatures Legislation on Whistleblower Protections. As of February 14, 2011

Transcription

1 National Conference of State Legislatures 2011 Legislation on Whistleblower Protections As of February 14, 2011 ARIZONA AZ H 2629 Patterson (D) False Claims Summary: Relates to false claims against the state; provides for investigations and prosecutions, actions, and civil penalties; prohibits employer interference with employee disclosures concerning such claims. 02/03/2011 Introduced. 02/08/2011 To House Committee on Judiciary. 02/08/2011 Additionally referred to House Committee on Rules. CONNECTICUT CT S 385 McKinney (R) Division of State Accountability and Investigations Summary: Establishes a Division of State Accountability and Investigations; eliminates waste, fraud and abuse in state government and improve the processing of whistleblower complaints by transferring current staff located in the Office of the Attorney General into a Division of State Accountability and Investigations within the office of the Auditors of Public Accounts. 01/19/2011 Introduced. 01/20/2011 To Joint Committee on Government Administration and Elections. CT S 652 Boucher (R) Whistleblower Protections Summary: Provides protection for those reporting the use of fraudulent motor vehicle operator's licenses or Social Security cards. 01/21/2011 Introduced. 01/24/2011 To Joint Committee on Government Administration and Elections. CT S 662 Kissel (R) State Whistleblower Law Summary: Amends the State Whistle Blower Law; improves existing State Whistle Blower Laws. 01/21/2011 Introduced. 01/24/2011 To Joint Committee on Government Administration and Elections. ILLINOIS IL H 976 Madigan (D) Whistleblower Act Summary: Amends the Whistleblower Act; makes a technical change in a Section concerning violations of the Act. 01/31/2011 Introduced. 01/31/2011 To House Committee on Rules. 02/08/2011 To House Committee on Executive. 1

2 IL H 1135 Watson J (R) Whistleblower Act Summary: Amends the Whistleblower Act; adds to the definition of employee any person licensed by the Department of Financial and Professional Regulation. 02/07/2011 Introduced. 02/07/2011 To House Committee on Rules. INDIANA IN H 1084 Rhoads (R) Nursing Home Employee and Resident Protection Summary: Relates to nursing home employee and resident protection; provides that a person who intentionally retaliates or discriminates against a resident or employee of a health facility for contacting or providing information to any state official or supervisor or in good faith, contacting or providing information concerning a resident's health or safety to a state official, supervisor, health care professional or spouse or individual authorized to give health care consent for the resident is guilty of a crime. 01/05/2011 Introduced. 01/05/2011 To House Committee on Public Health. MARYLAND MD S 551 Kelley (D) Wage and Hour Law Summary: Prohibits an employer from taking adverse action against an employee who makes a complaint, brings an action, or testifies in an action under the Maryland Wage and Hour Law; specifies that the adverse action prohibited includes discharge, demotion, threat of discharge or demotion, and other specified retaliatory actions. 02/04/2011 Introduced. 02/04/2011 To Senate Committee on Finance. MISSISSIPPI MS H 18 Moak (D) Whistle Blower Law Summary: Relates to Whistleblower Law; provides for damages. 12/14/2010 Prefiled. 12/14/2010 To House Committee on Judiciary A. 01/04/2011 To House Committee on Judiciary A. MS H 159 Evans B (D) Bad Faith Employment Determinations Summary: Abolishes employment at will; requires employment determinations to be made in good faith; defines such term to mean a discharge of an employee only for legitimate, bona fide business reasons, and not for arbitrary reasons unrelated to the business needs of the employer; provides that discharges made for personal reasons, race, worker illness or injury, the filing of a worker's compensation claim, reporting of illegal activity, or certain other reasons shall be considered bad faith discharges. 12/14/2010 Prefiled. 12/14/2010 To House Committee on Judiciary A. 01/04/2011 To House Committee on Judiciary A. 2

3 MS S 2148 Dearing (D) Patient Safety Act Summary: Enacts the Mississippi Patient Safety Act; requires the development of a patient safety program for hospitals, ambulatory surgical centers and mental hospitals; requires hospitals, ambulatory surgical centers and mental hospitals to annually report to the state health officer a listing of certain errors or occurrences; provides whistle-blower protection to certain employees. 01/04/2011 To Senate Committee on Public Health and Welfare. NEW YORK NY A 2538 Pretlow (D) Provisions Providing Protection to Employees Summary: Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report improper business activities; applicable to employees who in good faith reasonably believes that an improper business activity has or will occur, based on information that the employee reasonably believes to be true; provides remedies and relief. 01/19/2011 Introduced. 01/19/2011 To Assembly Committee on Labor. NY A 2854 Pretlow (D) Reporting of Fraudulent Insurance Transaction Summary: Provides that any person who provides information to the attorney general, a district attorney or the insurance frauds bureau concerning a fraudulent insurance transaction or with information about a fraudulent insurance transaction that is about to take place may be entitled to an award of forty percent of the action or claim relating to such fraudulent action. 01/20/2011 Introduced. 01/20/2011 To Assembly Committee on Insurance. NY S 1517 Klein (D) Employee Protection Summary: Enacts provisions providing protection to employees from retaliatory actions by employers where such employees report violations of law, rules or regulations, or improper governmental actions. NY S 1593 Krueger (D) Nuclear Powered Electric Generating Facilities Summary: Directs the NYS energy research and development authority and public and private operators of each nuclear-powered electric generating facility to establish a nuclear whistleblower access and assistance program; makes related provisions as to elements of the program and provides that employees of such plants shall not be subject to retaliation; requires authority to investigate reported safety concerns. 01/10/2011 To Senate Committee on Energy and Telecommunications. NY S 1617 Sampson (D) Retaliatory Personnel Action Summary: Prohibits retaliatory personnel action by an employer against an employee who discloses or threatens to disclose an activity, policy or practice of the employer or a fellow employee that is in violation of law; removes requirement that such violation of law present a substantial and specific danger to public health or safety. 3

4 NY S 1641 Sampson (D) Retaliatory Personnel Action Summary: Prohibits retaliatory personnel action by an employer against an employee who discloses or threatens to disclose an activity, policy or practice of the employer that is in violation of law; removes requirement that such violation of law present a substantial and specific danger to public health or safety. NY S 1950 Kruger (D) Appointment of a Special Prosecutor Summary: Provides for the appointment of a special prosecutor for medical care fraud to investigate and prosecute fraud, waste and abuse in the health care industry to serve for a term of 10 years; provides authority to receive complaints and investigate; provides for toll free number to receive complaints and immunity from liability for persons making complaints; provides for an annual report to the governor. 01/14/2011 Introduced. 01/14/2011 To Senate Committee on Finance. OREGON OR D 2465 Senate Committee on Health Care Hospital Staff Members and Whistleblower Protection Summary: Extends whistleblower protection for hospital nursing staff to additional hospital staff; declares emergency, effective on passage. 12/22/2010 Filed. 01/09/2011 Assigned Senate Bill No. 237 OR S 237 Courtney (D) Hospital Staff Members Summary: Extends whistleblower protection for hospital nursing staff to additional hospital staff; declares emergency, effective on passage. 01/14/2011 To Senate Committee on Health Care, Human Services and Rural Health Policy. PENNSYLVANIA PA H 105 Ellis (R) Whistleblower Law Summary: Amends the Whistleblower Law; provides for the definitions of employee and employer, for protection of employees, for enforcement and for penalties. 01/19/2011 Filed. 01/20/2011 Introduced. 01/20/2011 To House Committee on Labor and Industry. 01/25/2011 From House Committee on Labor Relations. 01/25/2011 In House. Read first time. 01/25/2011 In House. Laid on table. 01/25/2011 In House. Removed from table. 01/31/2011 In House. Read second time. 01/31/2011 To House Committee on Appropriations. 4

5 02/07/2011 From House Committee on Appropriations. 02/08/2011 In House. Read third time. Passed House. To Senate. 02/09/2011 To Senate Committee on Labor and Industry. UTAH UT S 100 McAdams (D) Utah Uniform Securities Act Summary: Modifies the Utah Uniform Securities Act to address whistleblowing; enacts the Whistleblower Program Act, including: defining terms; establishes a procedure for disclosing information as a whistleblower; provides protections against adverse employment action; establishes remedies if adverse action is taken; provides administrative fines; creates an award process for whistleblowers; imposes notice requirements; prohibits waiver of rights; establishes the scope of the program. 12/29/2010 Prefiled. 01/24/2011 Introduced. 01/24/2011 To Senate Committee on Rules. 01/27/2011 From Senate Committee on Rules. To Senate Standing Committee. 01/27/2011 To Senate Committee on Business and Labor. 02/02/2011 In Committee: Bill Substituted by Standing Committee. WASHINGTON WA S 5412 Keiser (D) Whistleblowers in the Conveyance Work Industry Summary: Provides remedies for whistleblowers in the conveyance work industry. 01/24/2011 Introduced. 01/24/2011 To Senate Committee on Labor, Commerce & Consumer Protection. WEST VIRGINIA WV H 2888 Hamilton (R) Whistleblowers of Unsafe Working Conditions in Mines Summary: Concerns the strengthening of protections for whistleblowers of unsafe working conditions in mines. 01/27/2011 Introduced. 01/27/2011 To House Committee on Judiciary. WYOMING WY H 82 Byrd (D) Fair Employment Practices and Retaliation Summary: Relates to fair employment practices; provides that discriminatory and unfair employment practices include specified retaliatory acts. 01/10/2011 Prefiled. 01/11/2011 Introduced. 01/17/2011 To House Committee on Judiciary. 01/21/2011 From House Committee on Judiciary: Do pass. 02/02/2011 Failed to pass House. Source: StateNet, copyright Information for Public Affairs. February 14,