WEST virginia Legislature
2016 regular session
House Bill 2006
By Delegate Shott
[ Introduced February
8, 2017; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §6C-1-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for violating the Whistle-Blower Law; increasing the civil fine; removing the authority of the court to suspend a person from public service; authorizing discipline by the person’s employer upon a finding of violation by the court; and authorizing termination from employment as a potential discipline.
Be it enacted by the Legislature of West Virginia:
That §6C-1-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. WHISTLE-BLOWER LAW.
§6C-1-6. Civil penalty;
termination from public service.
(a) A person who, as an employer or under color of an
employer's authority, violates this article is liable for a civil fine of not
$500 $5,000. Additionally, except where the person
holds a public office by election or appointment, if the court specifically
finds that the person, while in the employment of the state or a political
subdivision, committed a violation of section three of this article with the intent
to discourage the disclosure of information, the court may order the person's
suspension from public service for not more than six months A civil fine
which is collected under this section shall be paid to the State Treasurer for
deposit into the General Fund.
(b) In addition to subsection (a) of this section, and notwithstanding any provision in this code to the contrary, if the court specifically finds that the person, while in the employment of the state or a political subdivision, committed a violation of section three of this article with the intent to discourage the disclosure of information, the person may be disciplined by the state or political subdivision up to and including termination from employment.
NOTE: The purpose of this bill is to increase the penalties for violating the Whistle-blower Law. The bill additionally authorizes the termination from employment for a violation, instead of the current allowance of a suspension not to exceed six months.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.