l9n/ Oregon

2016 Regular Session

House Bill 4067

Provides affirmative defense to public employee and certain nonprofit employee whistleblowers who provide lawfully accessed information to state or federal regulatory agency, law enforcement agency, manager employed by employer or employee's attorney .

Became law as Chapter 73, Oregon Laws 2016, signed March 29, 2016, 62 days after it was filed. In force from January 1, 2017.

What it does

The synopsis the Legislative Assembly published with the bill.

Provides affirmative defense to public <i>or nonprofit organization</i>] employee <b>and certain nonprofit employee</b> whistleblowers who provide lawfully accessed information to state <b>or federal</b> regulatory agency, law enforcement agency, <i>member of Legislative Assembly,</i>] manager employed by employer or employee's attorney <i>licensed in Oregon</i>]. Bars affirmative defense if information is disclosed or redisclosed to other party. <b>Bars affirmative defense if information disclosed is stated in commercial exclusive negotiating agreement or commercial nondisclosure agreement involving public or nonprofit employer. Denies affirmative defense if information disclosed relates to individual coworker or supervisor unless information disclosed relates to coworker or supervisor's scope of employment.</b> Provides that attorney or employee of attorney may not assert affirmative defense if information disclosed relates to representation of client. <b>Subjects disclosures to rules of professional conduct.</b> Requires public and nonprofit employers to establish policies for employee whistleblowers <b>and notify employees of whistleblower rights under Act</b>. <i>Requires</i>] <b>Allows</b> attorneys who work for public employers to report violations of law <b>to Attorney General</b>, subject to rules of professional conduct. Provides that information disclosed remains subject to attorney-client privilege <b>and public records law. Acknowledges supremacy of federal law over state law</b>. <i>Creates whistleblower protection for nonprofit employees.</i>] <b>Extends public whistleblower protection to employees of nonprofit organizations that accept public funds.</b> Makes certain violations subject to maximum penalty of one year's imprisonment, $6,250 fine, or both. <i>Authorizes court to award civil damages up to $10,000 and punitive damages in addition to existing remedies.</i>] <b>Provides right to jury trial and punitive damages.</b>

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

Its course

January 27 to April 14, 2016, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

Each committee stop sits inside its chamber.

Every action21 actions on 19 days

In the House of RepresentativesJan 27 to Feb 1721 days

Waiting for a committeeJan 27 to Feb 15 days

JudiciaryFeb 1 to Feb 1514 days

In the SenateFeb 17 to Feb 2912 days

Waiting for a committeeFeb 17 to Feb 181 day

JudiciaryFeb 18 to Feb 246 days

Back in the House of RepresentativesFeb 29 to Mar 22 days

With the GovernorMar 2 to Mar 2927 days

Votes

Yeas to nays, as the Legislative Assembly recorded them. Committee votes are set in.

  • House of Representatives, third reading59–0

    Passed · Feb 17 · 1 present

  • Senate, third reading27–1

    Passed · Feb 29 · 2 present

  • House of Representatives, concurrence58–0

    Agreed to the other chamber's changes · Mar 1 · 2 present

Amendments

Each amendment offered, and what became of it.

  • House of Representatives committee amendmentAdopted

    Adopted Feb 15

  • Senate committee amendmentAdopted

    Adopted Feb 24

Text

Each version as the Legislative Assembly printed it.

l9n doesn't hold this bill's text yet.

What happened

In l9n's words, one line for each step. Every action as the Legislative Assembly published it is below.

In the House of Representatives Jan 27 – Feb 17

  1. Filed before the session
  2. Introduced
  3. Sent to Judiciary
  4. Heard in Judiciary
  5. Heard in Judiciary
  6. Judiciary recommended it as amended
  7. Read a second time
  8. Passed the House of Representatives, 59 to 0

In the Senate Feb 18 – Feb 29

  1. Arrived in the Senate
  2. Sent to Judiciary
  3. Heard in Judiciary
  4. Heard in Judiciary
  5. Judiciary recommended it as amended
  6. Read a second time
  7. Passed the Senate, 27 to 1

Back in the House of Representatives Mar 1 – Mar 2

  1. The House of Representatives agreed to the Senate's amendments and passed it again, 58 to 0
  2. Signed in the House of Representatives

To the Governor Mar 4 – Apr 14

  1. Signed in the Senate
  2. Signed by the Governor
  3. Became chapter 73 of Oregon Laws 2016, in force from January 1, 2017
All 21 actions, as published