Substitute Senate Bill No. 619
          Substitute Senate Bill No. 619

               PUBLIC ACT NO. 97-60


AN    ACT    CONCERNING    THE    PROTECTION    OF
WHISTLE-BLOWERS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section   1.  Section  16-8a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  NO  PUBLIC SERVICE COMPANY, AS DEFINED IN
SECTION  16-1,  HOLDING  COMPANY,  AS  DEFINED  IN
SECTION  16-47,  OR  NUCLEAR REGULATORY COMMISSION
LICENSEE  OPERATING  A  NUCLEAR  POWER  GENERATING
FACILITY   IN   THIS   STATE,   OR  PERSON,  FIRM,
CORPORATION, CONTRACTOR OR SUBCONTRACTOR  DIRECTLY
OR  INDIRECTLY PROVIDING GOODS OR SERVICES TO SUCH
PUBLIC  SERVICE  COMPANY,   HOLDING   COMPANY   OR
LICENSEE,   MAY  TAKE  OR  THREATEN  TO  TAKE  ANY
RETALIATORY ACTION AGAINST  AN  EMPLOYEE  FOR  HIS
DISCLOSURE OF ANY MATTER INVOLVING THE SUBSTANTIAL
MISFEASANCE, MALFEASANCE  OR  NONFEASANCE  IN  THE
MANAGEMENT OF SUCH PUBLIC SERVICE COMPANY, HOLDING
COMPANY  OR  LICENSEE   OR   THE   DISCLOSURE   OF
INFORMATION   PURSUANT   TO  SECTION  31-51m.  ANY
EMPLOYEE FOUND TO  HAVE  KNOWINGLY  MADE  A  FALSE
DISCLOSURE SHALL BE SUBJECT TO DISCIPLINARY ACTION
BY HIS EMPLOYER, UP TO AND INCLUDING DISMISSAL.
    [(a)]  (b)  Any  employee  of  SUCH  a  public
service company, [as defined in section  16-1,  or
of  any  holding  company,  as  defined in section
16-47, or of  any  Nuclear  Regulatory  Commission
licensee  operating  a  nuclear  power  generating
facility  in  this  state]  HOLDING   COMPANY   OR
LICENSEE,  or  of  any  person, firm, corporation,
contractor or subcontractor directly or indirectly
providing  goods  or  services  to  such  a PUBLIC
SERVICE  COMPANY,  HOLDING  company  or  licensee,
having  knowledge  of  any  OF  THE  FOLLOWING MAY
TRANSMIT  ALL  FACTS  AND   INFORMATION   IN   HIS
POSSESSION  TO  THE  DEPARTMENT  OF PUBLIC UTILITY
CONTROL:  (1)  ANY  matter  involving  substantial
misfeasance,  malfeasance  or nonfeasance [, or of
the discharge, discipline or other penalizing of a
person reporting] IN THE MANAGEMENT OF SUCH PUBLIC
SERVICE COMPANY, HOLDING COMPANY OR  LICENSEE;  OR
(2) ANY MATTER INVOLVING RETALIATORY ACTION OR THE
THREAT OF  RETALIATORY  ACTION  TAKEN  AGAINST  AN
EMPLOYEE   WHO   HAS   REPORTED  the  misfeasance,
malfeasance or nonfeasance, in the  management  of
[the  company  or  facility may transmit all facts
and information in his possession concerning  such
matter   to   the  Department  of  Public  Utility
Control. The] SUCH PUBLIC SERVICE COMPANY, HOLDING
COMPANY  OR  LICENSEE.  WITH  REGARD TO ANY MATTER
DESCRIBED IN SUBDIVISION (1) OF  THIS  SUBSECTION,
THE  department  shall  investigate such matter in
accordance with the provisions of section 16-8  [.
The   department]   AND  shall  not  disclose  the
identity of  such  employee  without  his  consent
unless  it  determines  that  such  disclosure  is
unavoidable   during    the    course    of    the
investigation. WITH REGARD TO ANY MATTER DESCRIBED
IN SUBDIVISION (2) OF THIS SUBSECTION, THE  MATTER
SHALL BE HANDLED IN ACCORDANCE WITH THE PROCEDURES
SET FORTH IN  SUBSECTIONS  (c)  AND  (d)  OF  THIS
SECTION.
    [(b)  No  such  company or licensee or person,
firm,  corporation,  contractor  or  subcontractor
directly or indirectly providing goods or services
to such a company or licensee may take or threaten
to   take   any  retaliatory  action  against  any
employee  for  the   disclosure   of   information
pursuant  to  this  section  and  section  31-51m,
provided any employee found to have knowingly made
a  false  report  shall be subject to disciplinary
action  by  his  employer,  up  to  and  including
dismissal.]
    (c)  (1)  NOT  MORE  THAN THIRTY BUSINESS DAYS
AFTER RECEIPT OF A WRITTEN COMPLAINT,  IN  A  FORM
PRESCRIBED  BY  THE  DEPARTMENT,  BY  AN  EMPLOYEE
ALLEGING HIS EMPLOYER HAS  RETALIATED  AGAINST  AN
EMPLOYEE  IN  VIOLATION  OF SUBSECTION (a) OF THIS
SECTION, AND NOT MORE THAN  THIRTY  BUSINESS  DAYS
AFTER  THE EFFECTIVE DATE OF THIS ACT FOR ANY SUCH
PENDING WRITTEN  COMPLAINT  WHICH  THE  DEPARTMENT
RECEIVED  BEFORE  THE  EFFECTIVE DATE OF THIS ACT,
THE DEPARTMENT SHALL MAKE A PRELIMINARY FINDING IN
ACCORDANCE    WITH   SUBDIVISION   (3)   OF   THIS
SUBSECTION. THE DEPARTMENT SHALL MAKE ITS FINDINGS
BASED  ON SWORN AFFIDAVITS AND VERIFIED DOCUMENTS,
WITHOUT A PUBLIC HEARING.
    (2)  NOT  MORE  THAN  FIVE BUSINESS DAYS AFTER
RECEIVING  A  WRITTEN   COMPLAINT,   IN   A   FORM
PRESCRIBED BY THE DEPARTMENT, THE DEPARTMENT SHALL
NOTIFY  THE  EMPLOYER  BY  CERTIFIED  MAIL.   SUCH
NOTIFICATION SHALL INCLUDE A COPY OF THE COMPLAINT
OR A DESCRIPTION OF THE ALLEGATIONS  MADE  IN  THE
COMPLAINT   IN  SUFFICIENT  DETAIL  TO  ALLOW  THE
EMPLOYER THE OPPORTUNITY TO RESPOND, ALONG WITH  A
NOTICE   THAT  THE  DEPARTMENT  MUST  RECEIVE  ANY
RESPONSE FROM THE  EMPLOYER  NOT  MORE  THAN  FIVE
BUSINESS  DAYS  AFTER  THE  EMPLOYER RECEIVES SUCH
NOTIFICATION. THE DEPARTMENT  SHALL  CONSIDER  ANY
RESPONSE  IT HAS TIMELY RECEIVED FROM THE EMPLOYER
IN MAKING  ITS  PRELIMINARY  FINDING.  ANY  FILING
RECEIVED   AFTER   FIVE  BUSINESS  DAYS  SHALL  BE
CONSIDERED BY THE DEPARTMENT ONLY UPON  A  SHOWING
OF  GOOD  CAUSE  AND  AT  THE  DISCRETION  OF  THE
DEPARTMENT.
    (3)  THERE  SHALL  BE A REBUTTABLE PRESUMPTION
THAT  AN  EMPLOYEE  WAS  RETALIATED   AGAINST   IN
VIOLATION OF SUBSECTION (a) OF THIS SECTION IF THE
DEPARTMENT  FINDS  THAT:  (A)  THE  EMPLOYEE   HAD
REPORTED  SUBSTANTIAL  MISFEASANCE, MALFEASANCE OR
NONFEASANCE  IN  THE  MANAGEMENT  OF  THE   PUBLIC
SERVICE  COMPANY, HOLDING COMPANY OR LICENSEE; (B)
THE   EMPLOYEE   WAS   SUBSEQUENTLY    DISCHARGED,
SUSPENDED,   DEMOTED  OR  OTHERWISE  PENALIZED  BY
HAVING HIS STATUS OF  EMPLOYMENT  CHANGED  BY  HIS
EMPLOYER;  AND  (C)  THE EMPLOYEE'S REPORT WAS NOT
KNOWINGLY FALSE.
    (4)  IF SUCH FINDINGS ARE MADE, THE DEPARTMENT
SHALL ISSUE AN ORDER  REQUIRING  THE  EMPLOYER  TO
IMMEDIATELY  RETURN THE EMPLOYEE TO THE EMPLOYEE'S
PREVIOUS POSITION OF EMPLOYMENT OR  AN  EQUIVALENT
POSITION.
    [(c)]  (d)  AFTER MAKING A PRELIMINARY FINDING
IN ACCORDANCE WITH THE  PROVISIONS  OF  SUBSECTION
(c)  OF THIS SECTION, THE DEPARTMENT SHALL CONDUCT
A FULL INVESTIGATORY PROCEEDING IN ACCORDANCE WITH
THE  PROVISIONS OF SECTION 16-8, AT WHICH TIME THE
EMPLOYER SHALL HAVE THE OPPORTUNITY TO  REBUT  THE
PRESUMPTION.  The  Department  of  Public  Utility
Control may issue orders [,  including  cease  and
desist orders, under section 16-9] or impose CIVIL
penalties [under section 16-41] IN A  MANNER  THAT
CONFORMS WITH THE NOTICE AND HEARING PROVISIONS IN
SECTION 16-41 AGAINST A  PUBLIC  SERVICE  COMPANY,
HOLDING  COMPANY  OR  LICENSEE  OR A PERSON, FIRM,
CORPORATION, CONTRACTOR OR SUBCONTRACTOR  DIRECTLY
OR  INDIRECTLY PROVIDING GOODS OR SERVICES TO SUCH
PUBLIC  SERVICE  COMPANY,   HOLDING   COMPANY   OR
LICENSEE,  IN  ORDER  to enforce the provisions of
this section.
    (e) IF AN  EMPLOYEE OR FORMER EMPLOYEE OF SUCH
A  PUBLIC  SERVICE  COMPANY,  HOLDING  COMPANY  OR
LICENSEE,  OR  OF  A  PERSON,  FIRM,  CORPORATION,
CONTRACTOR OR SUBCONTRACTOR DIRECTLY OR INDIRECTLY
PROVIDING  GOODS OR  SERVICES  TO  SUCH  A  PUBLIC
SERVICE  COMPANY,  HOLDING  COMPANY  OR  LICENSEE,
HAVING  KNOWLEDGE  OF  ANY  MATTER  INVOLVING  THE
SUBSTANTIAL     MISFEASANCE,    MALFEASANCE     OR
NONFEASANCE  IN  THE  MANAGEMENT  OF  SUCH  PUBLIC
SERVICE  COMPANY,  HOLDING  COMPANY  OR  LICENSEE,
ENTERS INTO AN  AGREEMENT  WITH  HIS EMPLOYER THAT
CONTAINS  A  PROVISION   DIRECTLY   OR  INDIRECTLY
DISCOURAGING  THE  EMPLOYEE   FROM   PRESENTING  A
WRITTEN  COMPLAINT OR  TESTIMONY  CONCERNING  SUCH
MISFEASANCE,  MALFEASANCE OR  NONFEASANCE  IN  ANY
LEGISLATIVE,     ADMINISTRATIVE    OR     JUDICIAL
PROCEEDING,  SUCH  PROVISION   SHALL  BE  VOID  AS
AGAINST PUBLIC POLICY.
    [(d)]  (f)  [Not  later  than January 1, 1997,
the] THE  Department  of  Public  Utility  Control
shall   adopt   regulations,  in  accordance  with
chapter 54, to carry out the  provisions  of  this
section.   Such   regulations  shall  include  the
following: (1) The procedures by which a complaint
may  be brought pursuant to subsection (a) of this
section; (2) the  time  period  in  which  such  a
complaint  may  be  brought;  [and]  (3)  the time
period by which  the  department  shall  render  a
decision   PURSUANT  TO  SUBSECTION  (d)  OF  THIS
SECTION; (4) THE FORM ON WHICH WRITTEN  COMPLAINTS
SHALL   BE  SUBMITTED  TO  THE  DEPARTMENT  BY  AN
EMPLOYEE  PURSUANT  TO  SUBSECTION  (c)  OF   THIS
SECTION;  and (5) the requirement that a notice be
posted in the workplace informing all employees [,
and]   OF  ANY  PUBLIC  SERVICE  COMPANY,  HOLDING
COMPANY AND LICENSEE  AND  OF  any  person,  firm,
corporation,  contractor or subcontractor directly
or indirectly providing goods  or  services  to  a
company  or  licensee,  as  defined  in subsection
[(a)] (b) of this section, of their  rights  under
this section, INCLUDING THE RIGHT TO BE REINSTATED
IN ACCORDANCE WITH SUBSECTION (c) OF THIS SECTION.
    Sec.  2.  This  act shall take effect from its
passage.

Approved May 27, 1997