S.B. 128

1

WHISTLEBLOWER AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lyle W. Hillyard
5 AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; MODIFYING THE
6 DEFINITIONS OF DAMAGES AND COSTS IN WHISTLEBLOWER CASES; AND MAKING
7 TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 67-21-4, as last amended by Chapter 198, Laws of Utah 1996
11 67-21-5, as last amended by Chapter 189, Laws of Utah 1989
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 67-21-4 is amended to read:
14 67-21-4. Remedies for employee bringing action -- Proof required.
15 (1) As used in this section, "damages" means damages for injury or loss caused by each
16 violation of this chapter[, and includes court costs and reasonable attorney fees].
17 (2) An employee who alleges a violation of this chapter may bring a civil action for
18 appropriate injunctive relief or actual damages, or both, within 180 days after the occurrence of
19 the alleged violation of this chapter.
20 (3) An action begun under this section may be brought in the district court for the county
21 where the alleged violation occurred, the county where the complainant resides, or the county
22 where the person against whom the civil complaint is filed resides or has his principal place of
23 business.
24 (4) To prevail in an action brought under the authority of this section, the employee shall
25 establish, by a preponderance of the evidence, that the employee has suffered an adverse action
26 because the employee, or a person acting on his behalf engaged or intended to engage in an activity
27 protected under Section 67-21-3 .

28 Section 2. Section 67-21-5 is amended to read:
29 67-21-5. Court orders for violation of chapter.
30 (1) A court, in rendering a judgment in an action brought under this chapter, may order
31 reinstatement of the employee at the same level, the payment of back wages, full reinstatement of
32 fringe benefits and seniority rights, actual damages, or any combination of these remedies.
33 (2) A court S [ may ] SHALL s also award the complainant all or a portion of the costs of
33a litigation,
34 [including] which are defined to include reasonable attorney fees and witness fees, if the court
35 determines that the award is appropriate.




Legislative Review Note
as of 1-26-99 5:45 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel