Bill 131

                    Current Status

Bill Number:               131
Ratification Number:       370
Act Number                 354
Introducing Body:          Senate
Subject:                   Employment protection for reports of
                           violations of law or regulations

(A354, R370, S131)

AN ACT TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE FOR EXCEPTIONS AND THE INSTITUTION OF CIVIL ACTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Employment protection for reports of violations of law or regulations

SECTION 1. Title 8 of the 1976 Code is amended by adding:

"CHAPTER 27

Employment Protection for Reports of Violations of State or Federal Law or Regulation

Section 8-27-10. For the purpose of this chapter: (1) 'public body' means the following: any department of the State; any state board, commission, committee, agency, or authority; any public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; any organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or any quasi-governmental body of the State and its political subdivisions.

(2) 'Employee' means an employee of the following: any department of the State; any state board, commission, committee, agency, or authority; any public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; any organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or any quasi-governmental body of the State and its political subdivisions. 'Employee' does not include those persons enumerated within the provisions of Section 8-17-370.

Section 8-27-20. No public body may discharge, otherwise terminate, or suspend from employment, demote, decrease the compensation of, discipline, otherwise punish, or threaten any employee of a public body whenever the employee reports a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body or whenever the employee exposes governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement or testifies as a witness in any trial, hearing, or other proceeding involving any of the matters described in this section. If the employee reports, exposes, or testifies as provided in this section, without probable cause, he may be terminated from employment by the public body. If the employee's report, expose', or testimony results in a saving of any public money from the abuses described in this section, twenty-five percent of the estimated net savings resulting from the first year of implementation of the employee's report, expose', or testimony, but not more than two thousand dollars, must be rewarded to the employee by the public body, as determined by the State Budget and Control Board. This chapter does not supersede the State Employee Suggestion Program. For employees of state agencies participating in the program, items that they identify involving waste or mismanagement must be referred as a suggestion to the program. An employee is entitled to only one reward either under this section or under the program.

Section 8-27-30. (A) It is presumed that an employee of a public body who is discharged, otherwise terminated, or suspended from employment, demoted, suffers a decrease in compensation, or is disciplined, otherwise punished, or threatened by a public body within one year after having reported a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body; within one year after having exposed governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement; or within one year after having testified as a witness in any trial, hearing, or other proceeding involving any of the matters described in Section 8-27-20 was wrongfully treated in one or more ways described in this subsection, whichever may be applicable. If the employee was wrongfully treated he may institute a civil action either for damages or for reinstatement to his former position and lost wages, or for both, in a jury or a nonJury proceeding, in the court of common pleas of the county in which the plaintiff resides at the time of commencing the civil action or the county in which the unlawful activity occurred.

(B) The presumption established under subsection (A) is rebuttable, and the burden is on the defendant to demonstrate that the plaintiff was not discharged, otherwise terminated, or suspended from employment, demoted, suffered a decrease in compensation, or was disciplined, otherwise punished, or threatened because he engaged in any of those activities described in Section 8-27-20. An employer has the following affirmative defenses to this section: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; malingering; and embezzlement or larceny of the employer's property.

(C) Any court or jury award under this section may include actual damages, court costs, and reasonable attorney's fees.

(D) Any action under this section must be commenced within two years after the accrual of the cause of action or is forever barred.

Section 8-27-40. Notwithstanding any action taken pursuant to this chapter, a public body may discharge, otherwise terminate, or suspend an employee for causes independent of those provided in Section 8-27-20.

Section 8-27-50. The provisions of this chapter do not apply to nonpublic, private corporations."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.