It is enacted by the General Assembly as follows:

SECTION 1. Chapter 36-15 of the General Laws entitled "Rhode Island Whistleblowers Act" is hereby repealed in its entirety.

{DEL CHAPTER 15 DEL} {DEL RHODE ISLAND WHSTLEBLOWER ACT DEL}

{DEL 36-15-1. Short title. -- DEL} {DEL This chapter may be cited as the Rhode Island Whistleblowers' Protection Act. DEL}

{DEL 36-15-2. Definitions. -- DEL} {DEL As used in this chapter:

(1) "Employee" means a person employed by any employer.

(2) "Employer" means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof state or municipal government. One shall employ another if services are performed for wages or under any contract of hire, written or oral, express or implied.

(3) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.

(4) "Public body" means all of the following:

(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government.

(ii) An agency, board, commission, council, member, or employee of the legislative branch of state government.

(iii) A county, city, town, or regional governing body, a council, school district, or a board, department, commission, agency, or any member or employee thereof.

(iv) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body.

(v) A law enforcement agency or any member or employee of a law enforcement agency.

(vi) The judiciary and any member or employee of the judiciary. DEL}

{DEL 36-15-3. Protection. -- DEL} {DEL An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment

(1) because the employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation which the employee knows or reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated under the law of this state, a political subdivision of this state, or the United States, unless the employee knows or has reason to know that the report is false, or

(2) because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action. DEL}

{DEL 36-15-4. Relief and damages. -- DEL} {DEL (a) A person who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief, or actual damages, or both within three (3) years after the occurrence of the alleged violation of this chapter.

(b) An action commenced pursuant to section 4(a) may be brought in the superior court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has their principal place of business.

(c) As used in subsection (a) "damages" means damages for injury or loss caused by each violation of this chapter.

(d) An employee shall show by clear and convincing evidence that he or she or a person acting on his or her behalf was about to report to a public body, verbally or in writing, a violation, which the employee knew or reasonably believed had occurred or was about to occur, of a law of this state, a political subdivision of this state, or the United States. DEL}

{DEL 36-15-5. Reinstatement. -- DEL} {DEL A court, in rendering a judgment in an action brought under this chapter, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, if the court determines that the award is appropriate. DEL}

{DEL 36-15-6. Collective bargaining. -- DEL} {DEL This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement. DEL}

{DEL 36-15-7. Exemption. -- DEL} {DEL This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with section 3 of this chapter. DEL}

{DEL 36-15-8. Notices posted. -- DEL} {DEL An employer shall post notices and use other appropriate means to keep his or her employees informed of their protections and obligations under this chapter. DEL}

{DEL 36-15-9. Applicability. -- DEL} {DEL (a) The provisions of this chapter shall also apply to any employee of an employer subject to the provisions of chapter 23-19.1 of the general laws who disposes of toxic waste in violation of chapter 19.1 of title 23.

(b) For the purposes of this section, "employee" shall mean, in addition to the definition set forth in section 2, a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, and "employer" shall mean, in addition to the definition set forth in section 2, a person who has one or more employees and any agent of such employer. DEL}

{DEL 36-15-10. Severability. -- DEL} {DEL If any provision of this chapter or the application thereof to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable. DEL}

SECTION 2. Title 28 of the General Laws entitled "Labor and Labor Relations" is hereby amended by adding thereto the following chapter:

{ADD 28-50-1. Short title. -- ADD} {ADD This chapter may be cited as the Rhode Island Whistleblowers' Protection Act. ADD}

{ADD 28-50-2. Definitions. -- ADD} {ADD As used in this chapter:

(1) "Employee" means a person employed by any employer.

(2) "Employer" means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof of state or municipal government. One shall employ another if services are performed for wages or under any contract of hire, written or oral, express or implied.

(3) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.

(4) "Public body" means all of the following:

(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government.

(ii) An agency, board, commission, council, member, or employee of the legislative branch of state government.

(iii) A county, city, town, or regional governing body, a council, school district, or a board, department, commission, agency, or any member or employee thereof.

(iv) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body.

(v) A law enforcement agency or any member or employee of a law enforcement agency.

(vi) The judiciary and any member or employee of the judiciary. ADD}

{ADD 28-50-3. Protection. -- ADD} {ADD An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment

(1) because the employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation which the employee knows or reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated under the law of this state, a political subdivision of this state, or the United States, unless the employee knows or has reason to know that the report is false, or

(2) because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action. ADD}

{ADD 28-50-4. Relief and damages. -- ADD} {ADD (a) A person who alleges a violation of this act may bring a civil action for appropriate injunctive relief, or actual damages, or both within three (3) years after the occurrence of the alleged violation of this chapter.

(b) An action commenced pursuant to subsection 4(a) may be brought in the superior court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has their principal place of business.

(c) As used in subsection (a) "damages" means damages for injury or loss caused by each violation of this chapter.

(d) An employee shall show by clear and convincing evidence that he or she or a person acting on his or her behalf was about to report to a public body, verbally or in writing, a violation, which the employee knew or reasonably believed had occurred or was about to occur, of a law of this state, a political subdivision of this state, or the United States. ADD}

{ADD 28-50-5. Reinstatement. -- ADD} {ADD A court, in rendering a judgment in an action brought under this act, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, if the court determines that the award is appropriate. ADD}

{ADD 28-50-6. Collective bargaining. -- ADD} {ADD This chapter shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement. ADD}

{ADD 28-50-7. Exemption. -- ADD} {ADD This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with section 28-50-3. ADD}

{ADD 28-50-8. Notices posted. -- ADD} {ADD An employer shall post notices and use other appropriate means to keep his or her employees informed of their protections and obligations under this chapter. ADD}

{ADD 28-50-9. Severability. -- ADD} {ADD If any provision of this chapter or the application thereof to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this act which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable. ADD}

SECTION 3. This act shall take effect upon passage.