HB5780 100TH GENERAL ASSEMBLY

LRB100 17827 LNS 33007 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5780

Introduced , by Rep. Melissa Conyears-Ervin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Scientist Whistleblower Act. Defines terms. Provides that a licensing entity shall not take disciplinary action against an employee for reporting improper federal government activity or disclosing the results of or information about scientific or technical research to the public. Provides that an employer may not retaliate against an employee for disclosing information about an improper federal government activity. Provides that retaliation is a Class A misdemeanor. Provides the damages an employee may receive if an employer retaliates against the employee. Limits the concurrent exercise of home rule powers.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Scientist Whistleblower Act.

Section 5. Definitions. As used in this Act:

"Employee" means any individual who is employed on a full-time, part-time, or contractual basis by an employer, including, but not limited to, an employee who conducts scientific or technical research.

"Employer" means any government contractor, subcontractor, or grantee, including, but not limited to, a licensing entity.

"Improper federal government activity" means conduct by a federal governmental organization or by its employees, contractors, or agents, or that is undertaken in the performance of the employee's, contractor's, or agent's duties inside a governmental office or conduct by an employee, contractor, or agent that directly relates to the government, whether or not that activity is within the scope of the employee's, contractor's, or agent's duties, if undertaken outside a government office that: (i) is in violation of any State or federal law or regulation to perform a duty; (ii) is in violation of the federal Constitution, a federal rule of court, any policy or procedure mandated by the federal Contract Compliance Manual, or a federal court decision that is binding on the federal governmental organization; (iii) is economically wasteful or involves gross misconduct, incompetency, or inefficiency; or (iv) substantially conflicts with the consensus of peer-reviewed scientific or technical research.

"Scientific or technical research" means the results of scientific activities related to environmental sciences or climate change, including, but not limited to, the analysis, synthesis, compilation, or translation of scientific information and data into formats used in official decision-making processes or publications.

Section 10. Disciplinary action by a licensing entity. A licensing entity shall not take disciplinary action, including suspension, loss of credential, or other professional privilege, against an employee based upon any of the following actions taken by that employee:

(1) reporting improper federal governmental activity if the employee:

(A) urges reconsideration of the matter while explaining its likely consequences to the organization;

(B) refers the matter to a higher authority in the organization, including, if warranted by the seriousness of the matter, referral to the highest internal authority that can act on behalf of the organization;

(C) refers the matter to the law enforcement agency charged with responsibility over the matter or to any other governmental agency or official charged with overseeing or regulating the matter if all of the following have occurred:

(i) the employee has taken both actions described in paragraphs (A) and (B);

(ii) the employee reasonably believes that the highest internal authority that can act on behalf of the organization has already, directly or indirectly, participated in the improper federal governmental activity;

(iii) the referral is warranted by the seriousness of the circumstances and is not otherwise prohibited by law; and

(iv) further action is required in order to prevent or rectify substantial harm to public health, safety, the environment, public interest, or the governmental organization resulting from the improper federal governmental activity; or

(2) disclosing the results of or information about scientific or technical research to the public by means that include, but are not limited to, publishing the information in a scientific or public forum or sharing it with the media.

Section 15. Retaliation for disclosures.

(a) An employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses an improper federal governmental activity.

(b) An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses an improper federal governmental activity.

Section 20. Retaliation for refusal. An employer may not retaliate against an employee for refusing to participate in an improper federal governmental activity.

Section 25. Civil penalty. Violation of this Act is a Class A misdemeanor.

Section 30. Damages. If an employer takes any action against an employee in violation of Section 15 or 20, the employee may bring a civil action against the employer for all relief necessary to make the employee whole, including but not limited to the following, as appropriate:

(1) reinstatement with the same status that the employee would have had, but for the violation;

(2) back pay, with interest; and

(3) compensation for any damages sustained as a result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees.

Section 35. Exception. This Act does not apply to disclosures that would constitute a violation of the attorney-client privilege.

Section 40. Home rule limitation. A home rule unit may not regulate scientific whistleblowers. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.