<p> 1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 S. 318 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Knotts and Leventis 10 Document Path: l:\council\bills\bbm\9900zw11.docx 11 Companion/Similar bill(s): 864 12 13 Introduced in the Senate on January 11, 2011 14 Currently residing in the Senate Committee on Judiciary 15 16 Summary: Whistleblower and Public Employee Protection Act 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 12/15/2010 Senate Prefiled 23 12/15/2010 Senate Referred to Committee on Judiciary 24 1/11/2011 Senate Introduced and read first time ( Senate Journalpage 143) 25 1/11/2011 Senate Referred to Committee on Judiciary ( Senate Journalpage 143) 26 1/9/2012 Senate Referred to Subcommittee: Campsen (ch), Cleary, Scott 27 28 29 VERSIONS OF THIS BILL 30 31 12/15/2010 32 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 82705 SO AS TO ENTITLE 13 CHAPTER 27 THE “SOUTH CAROLINA WHISTLEBLOWER 14 AND PUBLIC EMPLOYEE PROTECTION ACT”; TO AMEND 15 SECTION 82730, AS AMENDED, RELATING TO CIVIL 16 ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR 17 RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A 18 VIOLATION OF STATE OR FEDERAL LAW OR 19 REGULATION, SO AS TO REMOVE THE ONE YEAR 20 LIMITATION ON THE PERIOD DURING WHICH THE 21 EMPLOYEE IS PROTECTION FROM ADVERSE 22 EMPLOYMENT ACTIONS. 23 24 Be it enacted by the General Assembly of the State of South 25 Carolina: 26 27 SECTION 1. Chapter 27, Title 8 of the 1976 Code is amended by 28 adding: 29 30 “Section 8-27-05. This chapter may be cited as the ‘South 31 Carolina Whistleblower and Public Employee Protection Act’.” 32 33 SECTION 2. Section 82730 of the 1976 Code, as last amended by 34 Act 164 of 1993, is further amended to read: 35 36 “Section 82730. (A) If an employee is dismissed, suspended 37 from employment, demoted, or receives a decrease in 38 compensation, within one year after having timely reported an 39 alleged wrongdoing under this chapter, the employee may institute 40 a nonjury civil action against the employing public body for (1) 41 reinstatement to his former position; (2) lost wages; (3) actual 42 damages not to exceed fifteen thousand dollars; and (4) reasonable</p><p>[318] 2 1 attorney fees as determined by the court, but this award of attorney 2 fees may not exceed ten thousand dollars for any trial and five 3 thousand dollars for any appeal. The action must be brought in the 4 court of common pleas of the county in which the employment 5 action occurred. No action may be brought under this chapter 6 unless (1) the employee has exhausted all available grievance or 7 other administrative remedies; and (2) any previous proceedings 8 have resulted in a finding that the employee would not have been 9 disciplined but for the reporting of alleged wrongdoing. 10 (B) An action under this chapter must be commenced within 11 one year after the accrual of the cause of action or exhaustion of all 12 available grievance or other administrative and judicial remedies 13 or is forever barred unless it is commenced within one year after 14 the later of the following: 15 (1) the accrual of the cause of action; 16 (2) the exhaustion of all available grievance or other 17 administrative and judicial remedies; or 18 (3) the termination of the employment relationship between 19 the employee and the public body against whom the employee’s 20 report was made.” 21 22 SECTION 3. The repeal or amendment by this act of any law, 23 whether temporary or permanent or civil or criminal, does not 24 affect pending actions, rights, duties, or liabilities founded thereon, 25 or alter, discharge, release or extinguish any penalty, forfeiture, or 26 liability incurred under the repealed or amended law, unless the 27 repealed or amended provision shall so expressly provide. After 28 the effective date of this act, all laws repealed or amended by this 29 act must be taken and treated as remaining in full force and effect 30 for the purpose of sustaining any pending or vested right, civil 31 action, special proceeding, criminal prosecution, or appeal existing 32 as of the effective date of this act, and for the enforcement of 33 rights, duties, penalties, forfeitures, and liabilities as they stood 34 under the repealed or amended laws. 35 36 SECTION 4. This act takes effect upon approval by the 37 Governor. 38 XX 39</p><p>[318] 3</p>