2nd Sub.
S.B.
95
WHISTLEBLOWER AMENDMENTS
House Floor
Amendments
Amendment 2 March 13, 2013 10:04 AM
Representative Derek E. Brown
proposes the following amendments:
1. Page
2, Line 27
:
27
. permits the award of costs and attorney fees to
{
a party that
}
an employee who
prevails in court;
2. Page
8, Lines 228 through 229
:
228
(6) (a) Except as provided in Subsection (6)(b), an appellate court may award costs and
229
attorney fees, accrued at the appellate court level, to
{
the
}
a
prevailing
{
party
}
employee
.
3. Page
12, Lines 365 through 366
:
365
(3) A public entity employer has the burden to prove by
{
substantial
}
a preponderance of
the
evidence that the
366
public entity employer's action was justified.
4. Page
13, Lines 375 through 377
:
375
(ii) a burden of proof on the employer to establish by
{
substantial
}
a preponderance of the
evidence that the
376
employer's action was justified by reasons unrelated to the employee's good faith actions under
377
Section
67-21-3
.
5. Page
13, Line 397 through Page 14, Line 399
:
397
(ii) a burden of proof on the employer to establish by
{
substantial
}
a preponderance of the
evidence that the
398
employer's action was justified by reasons unrelated to the employee's good faith actions under
399
Section
67-21-3
.
6. Page
15, Lines 456 through 457
:
456
(3) To prevail in an action brought under this section, the employer shall prove by
457
{
substantial
}
a preponderance of the
evidence that the employer's action was justified.
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LRGC
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tomvaughn