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Regular Session, 2010
SENATE BILL NO. 531
BY SENATOR CLAITOR
CIVIL PROCEDURE. Creates State Spending Programs Integrity Act authorizing actions
and qui tam actions for certain matters. (8/15/10)
AN ACT1
To enact Chapter 22-A of Title 39 of the Louisiana Revised Statutes of 1950, comprised of2
R.S. 39:2165 through 2165.10, relative to actions and qui tam actions; to authorize3
actions and qui tam actions for certain matters related to public entities and spending4
programs; to provide definitions, terms, procedures, conditions, and requirements;5
to provide relative to damages and awards; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 22-A of Title 39 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 39:2165 through 2165.10, is hereby enacted to read as follows:9
CHAPTER 22-A. STATE SPENDING PROGRAMS INTEGRITY ACT10
§2165. Short title11
This Chapter may be cited as the "State Spending Programs Integrity12
Act".13
§2165.1. Legislative intent and purpose14
The legislature intends the attorney general and private citizens of15
Louisiana to be agents of this state with the ability, authority, and resources to16
pursue civil monetary penalties or other remedies to protect the fiscal and17 SB NO. 531
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programmatic integrity of state spending programs in Louisiana from persons1
who engage in fraud, misrepresentation, abuse, or other ill practices, as set forth2
in this Chapter, and obtain funds, property, or other compensation to which3
they are not entitled.4
§2165.2. Definitions5
As used in this Chapter, the following terms shall have the following6
meanings:7
(1) "Claim" includes any request or demand, including any and all8
documents or information required by federal or state law or by rule, made9
against state program funds for payment. Each claim may be treated as a10
separate claim or several claims may be combined to form one claim.11
(2) "False or fraudulent claim" means a claim which a person submits12
knowing the claim to be false, fictitious, untrue, or misleading in regard to any13
material information. "False or fraudulent claim" shall include a claim which14
is part of a pattern of incorrect submissions in regard to material information15
or which is otherwise part of a pattern in violation of applicable federal or state16
law or rule.17
(3) "Knowing" or "knowingly" means that the person has actual18
knowledge of the information or acts in deliberate ignorance or reckless19
disregard of the truth or falsity of the information.20
(4) "Misrepresentation" means the knowing failure to truthfully or fully21
disclose any and all information required, or the concealment of any and all22
information or the making of a false or misleading statement to any local, state,23
or federal agency for the purpose of obtaining funds, property, use of property,24
or other compensation from state spending programs.25
(5) "Person" means a natural person or a juridical person.26
(6) "Property" means any and all property, movable and immovable,27
corporeal and incorporeal.28
(7) "Recovery" means the recovery of overpayments, damages, fines,29 SB NO. 531
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penalties, costs, expenses, restitution, attorney fees, interest, or settlement1
amounts2
(8) "State spending program" means a program under which funds are3
expended by a department or other public entity for contracts or projects,4
including but not limited to, contract or project awards made under the state5
public bid law or state procurement law, projects for the construction or6
maintenance of, or improvements to, highways or other public facilities,7
contracts for professional services, and other contracts for services, materials8
or supplies whether let by bid or otherwise awarded. It shall not include any9
matter specifically subject to other qui tam action by law, including qui tam10
actions on behalf of hurricane relief programs and on behalf of medical11
assistance programs.12
§2165.3. False or fraudulent claim; misrepresentation13
A. No person shall knowingly present or cause to be presented a false or14
fraudulent claim for funds, property, use of property, or other compensation15
from a state spending program.16
B. No person shall knowingly engage in misrepresentation to obtain, or17
attempt to obtain, funds, property, use of property, or other compensation from18
a state spending program.19
C. No person shall conspire to defraud, or attempt to defraud, a state20
spending program through misrepresentation or by obtaining, or attempting to21
obtain, payment, goods or other compensation that he is not authorized to22
receive.23
D. No person shall knowingly make, use, or cause to be made or used a24
false, fictitious, or misleading statement on any form or document for the25
purpose of receiving any funds, property, use of property, or other26
compensation from a state spending program that he is not authorized to27
receive.28
E. Each violation of this Section may be treated as a separate violation29 SB NO. 531
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or may be combined into one violation at the option of the attorney general.1
F. No action brought pursuant to this Section shall be instituted later2
than ten years after the date upon which the alleged violation occurred;3
however, the action shall be instituted within one year of when the attorney4
general knew that the prohibited conduct occurred.5
§2165.4. Civil actions authorized6
A. In addition to any other civil, criminal, or administrative action7
authorized by law, the attorney general may institute a civil action in the courts8
of this state to seek recovery from persons who violate the provisions of this9
Chapter.10
B. An action to recover costs, expenses, fees, and attorney fees shall be11
ancillary to, and shall be brought and heard in the same court as, the civil action12
brought under the provision of Subsection A of this Section.13
C.(1) A prevailing defendant may only seek recovery for costs, expenses,14
fees, and attorney fees if the court finds, following a contradictory hearing, that15
either of the following apply:16
(a) The action was instituted by the attorney general pursuant to17
Subsection A of this Section after it should have been determined by the18
attorney general to be frivolous, vexatious, or brought primarily for the purpose19
of harassment.20
(b) The attorney general proceeded with the action instituted pursuant21
to Subsection A of this Section after it should have been determined by the22
attorney general that proceeding would be frivolous, vexatious, or for the23
purpose of harassment.24
(2) Recovery awarded to a prevailing defendant shall be awarded only25
for those reasonable, necessary, and proper costs, expenses, fees, and attorney26
fees actually incurred by the prevailing defendant.27
D. An action to recover costs, expenses, fees, and attorney fees may be28
brought no later than sixty days after the rendering of judgment by the district29 SB NO. 531
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court, unless the district court decision is appealed. If the district court decision1
is appealed, such action may be brought no later than sixty days after the2
rendering of the final opinion on appeal by the court of appeal or, if applicable,3
by the supreme court.4
§2165.5. Damages; fines; penalties; interest5
A. Actual damages incurred as a result of a violation of the provisions of6
this Chapter shall be recovered only once on behalf of the state spending7
program and shall not be waived by the court. Actual damages shall equal the8
difference between the amounts received by the person from the state spending9
program and the amounts that the person would have received had not a10
violation of this Chapter occurred plus interest at the maximum rate of legal11
interest provided by R.S. 13:4202 from the date the damage occurred to the date12
of repayment.13
B. Except as limited by this Section, any person who is found to have14
violated any provision of this Chapter shall be subject to a civil fine in an15
amount not to exceed three times the amount of actual damages sustained by the16
state spending program as a result of the violation.17
C. In addition to any other penalty or fine imposed herein, any person18
who is found to have violated any provision of this Chapter shall be subject to19
a civil monetary penalty of not more than ten thousand dollars for each false or20
fraudulent claim, misrepresentation, illegal remuneration, or other act21
prohibited by this Chapter.22
D. Costs, expenses, fees, and attorney fees. (1) Any person who is found23
to have violated this Chapter shall be liable for all costs, expenses, and fees24
related to investigations and proceedings associated with the violation, including25
attorney fees.26
(2) All awards of costs, expenses, fees, and attorney fees are subject to27
review by the court using a reasonable, necessary, and proper standard of28
review.29 SB NO. 531
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(3) The attorney general shall promptly remit awards for those costs,1
expenses, and fees incurred by the various clerks of court or sheriffs involved2
in the investigations or proceedings to the appropriate clerk or sheriff.3
§2165.6. Qui tam action; civil action filed by private person4
A. A private person may institute a civil action to seek recovery on behalf5
of state spending programs and himself, except for the civil monetary penalty6
provided in R.S. 39:2165.5(C), for a violation of this Chapter. The institutor7
shall be known as a "qui tam plaintiff" and the civil action shall be known as8
a "qui tam action".9
B.(1) A qui tam plaintiff shall be an original source of the information10
which serves as the basis for the alleged violation. More than one person may11
serve as a qui tam plaintiff in a qui tam action arising out of the same12
information and allegations provided each person qualifies as an original13
source.14
(2) For purposes of this Section, the term "original source" means a15
person who has direct and independent knowledge of the alleged violation and16
who has voluntarily provided the information to the attorney general before17
filing a qui tam action with the court.18
C. No qui tam action shall be instituted later than one year after the date19
a qui tam complaint is received by the attorney general.20
D.(1) No court shall have jurisdiction over a qui tam action based upon21
a disclosure of allegations or transactions in a criminal, civil, or administrative22
hearing or as the result of disclosure of a governmental audit report,23
investigation, or hearing unless the person bringing the action is an original24
source of the information.25
(2) No court shall have jurisdiction over a qui tam action based upon a26
disclosure through the media unless the person bringing the action is an original27
source of the information and that fact is confirmed by a person with knowledge28
of who provided the information.29 SB NO. 531
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E.(1) A person who is or was a public employee or public official or a1
person who is or was acting on behalf of the state shall not bring a qui tam2
action if the person has or had a duty or obligation to report, investigate, or3
pursue allegations of wrongdoing or misconduct by persons receiving funds4
pursuant to a state spending program.5
(2) A person who is or was a public employee or public official or a6
person who is or was acting on behalf of the state shall not bring a qui tam7
action if the person has or had access to records of the state through the normal8
course and scope of his employment or other relationship with the state.9
F. No employer of a qui tam plaintiff shall discharge, demote, suspend,10
threaten, harass, or discriminate against a qui tam plaintiff at any time arising11
out of the fact that the qui tam plaintiff brought an action pursuant to this12
Chapter unless the court finds that the qui tam plaintiff has instituted or13
proceeded with an action that is frivolous, vexatious, or harassing.14
G. The court shall allow the attorney general to intervene and proceed15
with the qui tam action in the district court at any time during the qui tam16
action proceedings.17
H. Notwithstanding any other law to the contrary, a qui tam complaint18
and information filed with the attorney general shall not be subject to discovery19
or become public record until judicial service of the qui tam action is made on20
any of the defendants, except that the information contained therein may be21
given to other governmental entities or their authorized agents for review and22
investigation. Such entities and their authorized agents shall maintain the23
confidentiality of the information provided to them under this Subsection.24
§2165.7. Qui tam action procedures25
A. The following procedures shall be applicable to a qui tam action:26
(1) The complaint shall be captioned: "State Spending Program Ex Rel.:27
[insert name of qui tam plaintiff(s)] v. [insert name of defendant(s)]".28
(2)(a) A copy of the qui tam complaint and written disclosure of29 SB NO. 531
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substantially all material evidence and information each qui tam plaintiff1
possesses shall be filed with the attorney general.2
(b) The qui tam complaint and written disclosure of substantially all3
material evidence and information shall be filed with the attorney general4
within one year of the date the qui tam plaintiff knew or should have known of5
the information forming the basis of the complaint. No qui tam action shall be6
instituted by a qui tam plaintiff if he fails to timely file a complaint with the7
attorney general.8
(3)(a) At least thirty days after filing with the attorney general, the qui9
tam complaint and information may be filed with the appropriate state district10
court. On the same date as the qui tam action is filed, the qui tam plaintiff shall11
serve the attorney general with notice of the filing.12
(b) If more than one qui tam action arising out of the same information13
and allegations is filed, the court shall dismiss all qui tam actions where the14
complaint and information filed with the attorney general were filed thirty days15
or more after the first qui tam complaint and information which serve as the16
basis for the alleged violation were filed with the attorney general.17
(4)(a) The complaint and information filed with the court shall be made18
under seal, shall remain under seal for at least ninety days from the date of19
filing, and shall be served on the defendant when the seal is removed.20
(b) For good cause shown, the attorney general may request one21
extension of the ninety-day time period for the complaint and information to22
remain under seal and unserved on the defendant. This request shall be23
supported by affidavit or other submission in camera and under seal.24
B.(1) If the attorney general elects to intervene in the action, the attorney25
general shall not be bound by any act of a qui tam plaintiff. The attorney26
general shall control the qui tam action proceedings on behalf of the state and27
the qui tam plaintiff may continue as a party to the action.28
(2) The qui tam plaintiff and his counsel shall cooperate fully with the29 SB NO. 531
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attorney general during the pendency of the qui tam action.1
(3) If requested by the attorney general and notwithstanding the2
objection of the qui tam plaintiff, the court may dismiss the qui tam action3
provided the qui tam plaintiff has been notified by the attorney general of the4
filing of the motion to dismiss and the court has provided the qui tam plaintiff5
a contradictory hearing on the motion.6
(4) If the attorney general does not intervene, the qui tam plaintiff may7
proceed with the qui tam action unless the attorney general shows that8
proceeding would adversely affect the prosecution of any pending criminal9
actions or criminal investigations into the activities of the defendant. Such a10
showing shall be made to the court in camera and neither the qui tam plaintiff11
or the defendant shall be informed of the information revealed in camera. In12
which case, the qui tam action shall be stayed for no more than one year.13
(5) If the qui tam plaintiff objects to a settlement of the qui tam action14
proposed by the attorney general, the court may authorize the settlement only15
after a hearing to determine whether the proposed settlement is fair, adequate,16
and reasonable under the circumstances.17
C. If a qui tam plaintiff fails to comply with any provision of this18
Chapter, after a contradictory hearing, the court may dismiss the qui tam19
plaintiff on its own motion or on motion made by the attorney general.20
D. A defendant shall have thirty days from the time a qui tam complaint21
is served on him to file a responsive pleading.22
E. The qui tam plaintiff and the defendant shall serve all pleadings and23
papers filed, as well as discovery, in the qui tam action on the attorney general.24
F.(1) Whether or not the attorney general proceeds with the action, upon25
showing by the attorney general that certain actions of discovery by the qui tam26
plaintiff or defendant would interfere with a criminal or civil investigation or27
proceeding arising out of the same facts, the court shall stay the discovery for28
a period of not more than ninety days.29 SB NO. 531
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(2) Upon a further showing that federal or state authorities have pursued1
the criminal or civil investigation or proceeding with reasonable diligence and2
any proposed discovery in the qui tam action would unduly interfere with the3
criminal or civil investigation or proceeding, the court may stay the discovery4
for an additional period, not to exceed one year.5
(3) Such showings shall be conducted in camera and neither the6
defendant nor the qui tam plaintiff shall be informed of the information7
presented to the court.8
(4) If discovery is stayed pursuant to this Subsection, the trial and any9
motion for summary judgment in the qui tam action shall likewise be stayed.10
§2165.8. Administrative or civil action11
Notwithstanding any other provision of this Chapter, the attorney12
general may elect to pursue an administrative or civil action against a qui tam13
defendant through any alternative remedy available to the attorney general.14
§2165.9. Recovery awarded to a qui tam plaintiff15
A.(1) Except as provided by Subsection D of this Section and Paragraph16
(3) of this Subsection, if the attorney general intervenes in the action brought17
by a qui tam plaintiff, the qui tam plaintiff shall receive at least ten percent, but18
not more than twenty percent, of actual damages and civil fines awarded by the19
court.20
(2) In making a determination of award to the qui tam plaintiff, the court21
shall consider the extent to which the qui tam plaintiff substantially contributed22
to investigations and proceedings related to the qui tam action.23
(3) If the court finds the allegations in the qui tam action to be based24
primarily on disclosures of specific information other than information25
provided by the qui tam plaintiff, the court may award less than ten percent of26
actual damages and civil fines awarded by the court, exclusive of the civil27
monetary penalty provided in R.S. 39:2165.5(C), taking into account the28
significance of the information and the role of the qui tam plaintiff in advancing29 SB NO. 531
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the qui tam action to judgment or settlement.1
B. Except as provided by Subsection D of this Section, if the attorney2
general does not intervene in the qui tam action, the qui tam plaintiff shall3
receive an amount, not to exceed thirty percent of actual damages, civil fines,4
and the civil monetary penalty provided for in R.S. 39:2165.5(C), which the5
court decides is reasonable for the qui tam plaintiff pursuing the action to6
judgment or settlement.7
C.(1) In addition to all other recovery to which he is entitled and if he8
prevails in the qui tam action, the qui tam plaintiff shall be entitled to an award9
against the defendant for costs, expenses, fees, and attorney fees, subject to10
review by the court using a reasonable, necessary, and proper standard of11
review.12
(2) If the attorney general does not intervene and the qui tam plaintiff13
conducts the action, the court shall award costs, expenses, fees, and attorney14
fees to a prevailing defendant if the court finds that the allegations made by the15
qui tam plaintiff were meritless or brought primarily for the purposes of16
harassment. A finding by the court that qui tam allegations were meritless or17
brought primarily for the purposes of harassment may be used by the18
prevailing defendant in the qui tam action or any other civil proceeding to19
recover losses or damages sustained as a result of the qui tam plaintiff filing and20
pursuing such a qui tam action.21
D. Whether or not the attorney general intervenes, if the court finds that22
the action was brought by a person who participated in the violation which is23
the subject of the action, then the court may, to the extent the court considers24
appropriate, reduce the share of the proceeds of the action which the qui tam25
plaintiff would otherwise receive under Subsection A or B of this Section, taking26
into account the role that the qui tam plaintiff played in advancing the case to27
judgment or settlement and any relevant circumstances pertaining to the qui28
tam plaintiff's participation in the violation. A person who planned the violation29 SB NO. 531
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shall not be entitled to recovery.1
E. When more than one party serves as a qui tam plaintiff, the share of2
recovery each receives shall be determined by the court. In no case, however,3
shall the total award to multiple qui tam plaintiffs be greater than the total4
award allowed to a single qui tam plaintiff under Subsection A or B of this5
Section.6
F. In no instance shall the attorney general or the state be liable for any7
costs, expenses, fees, or attorney fees incurred by the qui tam plaintiff or for any8
award entered against the qui tam plaintiff.9
G. The percentage of the share awarded to or settled for by the qui tam10
plaintiff shall be determined using the total amount of the award. However, the11
total amount of funds lost from the state spending program must be made whole12
through the payment of any and all actual damages prior to the disbursement13
of any funds related to the percentage of the damages to be received by the qui14
tam plaintiff.15
§2165.10. Whistleblower protection and cause of action16
A. No employee shall be discharged, demoted, suspended, threatened,17
harassed, or discriminated against in any manner in the terms and conditions18
of his employment because of any lawful act engaged in by the employee or on19
behalf of the employee in furtherance of any action taken pursuant to this20
Chapter in regard to a person from whom recovery is or could be sought. Such21
an employee may seek any and all relief for his injury to which he is entitled22
under state or federal law.23
B. No individual shall be threatened, harassed, or discriminated against24
in any manner by a business organization, government agency, or other person25
because of any lawful act engaged in by the individual or on behalf of the26
individual in furtherance of any action taken pursuant to this Chapter in regard27
to a person from whom recovery is or could be sought. Such an individual may28
seek any and all relief for his injury to which he is entitled under state or federal29 SB NO. 531
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law.1
C.(1) An employee of a private entity may bring his action for relief2
against his employer in the same court as the action or actions were brought3
pursuant to this Chapter.4
(2) A person aggrieved of a violation of Subsection A or B of this Section5
shall be entitled to treble damages.6
D. A qui tam plaintiff shall not be entitled to recovery pursuant to this7
Section if the court finds that the qui tam plaintiff instituted or proceeded with8
an action that was frivolous, vexatious, or harassing.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Proposed law creates State Spending Programs Integrity Act authorizing certain actions and
qui tam actions.
Proposed law provides certain findings. Provides that the legislature intends the attorney
general and private citizens of Louisiana to be agents of this state with the ability, authority,
and resources to pursue civil monetary penalties or other remedies to protect the fiscal and
programmatic integrity of state spending programs in Louisiana from persons who engage
in fraud, misrepresentation, abuse, or other ill practices, and obtain funds, property, or other
compensation to which they are not entitled.
Proposed law provides definitions. Provides that "state spending program" means a program
under which funds are expended by a department or other public entity for contracts or
projects, including but not limited to, contract or project awards made under the state public
bid law or state procurement law, projects for the construction or maintenance of, or
improvements to, highways or other public facilities, contracts for professional services, and
other contracts for services, materials or supplies whether let by bid or otherwise awarded.
It shall not include any matter specifically subject to other qui tam action by law, including
qui tam actions on behalf of hurricane relief programs and on behalf of medical assistance
programs.
Proposed law provides that no person shall knowingly present or cause to be presented a
false or fraudulent claim for funds, property, use of property, or other compensation from
a state spending program; that no person shall knowingly engage in misrepresentation to
obtain, or attempt to obtain, funds, property, use of property, or other compensation from a
state spending program; that no person shall conspire to defraud, or attempt to defraud, a
spending program through misrepresentation or by obtaining, or attempting to obtain,
payment that he is not authorized to receive; and that no person shall knowingly make, use,
or cause to be made or used a false, fictitious, or misleading statement on any form or
document for the purpose of receiving any funds, property, use of property, or other
compensation from a state spending program that he is not authorized to receive.
Proposed law provides that in addition to any other civil, criminal, or administrative action
authorized by law, the attorney general may institute a civil action in the courts of this state
to seek recovery from persons who violate the provisions of the proposed law. SB NO. 531
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Proposed law provides relative to recovery of damages, costs, expenses, fees, and attorney
fees, including recovery by the defendant if the court determines the action was frivolous.
Proposed law further provides that, subject to certain limitations, a person who is found to
have violated the proposed law shall be subject to a civil fine in an amount not to exceed
three times the amount of actual damages sustained by the state spending programs as a
result of the violation, and a civil monetary penalty of not more than ten thousand dollars for
each false or fraudulent claim, misrepresentation, illegal remuneration, or other act
prohibited by the proposed law.
Proposed law further provides that a private person may institute a civil action to seek
recovery on behalf of state spending programs and himself, except for the civil monetary
penalty provided, for a violation of the proposed law. The institutor shall be known as a "qui
tam plaintiff" and the civil action shall be known as a "qui tam action".
Proposed law provides that a qui tam plaintiff shall be an original source of the information
which serves as the basis for the alleged violation. More than one person may serve as a qui
tam plaintiff in a qui tam action arising out of the same information and allegations provided
each person qualifies as an original source.
Proposed law provides that no court shall have jurisdiction over a qui tam action based upon
a disclosure of allegations or transactions in a criminal, civil, or administrative hearing or
as the result of disclosure of a governmental audit report, investigation, or hearing unless the
person bringing the action is an original source of the information.
Proposed law provides that no court shall have jurisdiction over a qui tam action based upon
a disclosure through the media unless the person bringing the action is an original source of
the information and that fact is confirmed by a person with knowledge of who provided the
information.
Proposed law provides that a person who is or was a public employee or public official or
a person who is or was acting on behalf of the state shall not bring a qui tam action if the
person has or had a duty or obligation to report, investigate, or pursue allegations of
wrongdoing or misconduct by persons receiving funds from state spending programs.
Proposed law provides that a person who is or was a public employee or public official or
a person who is or was acting on behalf of the state shall not bring a qui tam action if the
person has or had access to records of the state through the normal course and scope of his
employment or other relationship with the state.
Proposed law provides that no employer of a qui tam plaintiff shall discharge, demote,
suspend, threaten, harass, or discriminate against a qui tam plaintiff at any time arising out
of the fact that the qui tam plaintiff brought an action under the proposed law unless the
court finds that the qui tam plaintiff has instituted or proceeded with an action that is
frivolous, vexatious, or harassing.
Proposed law provides that the court shall allow the attorney general to intervene and
proceed with the qui tam action in the district court at any time during the qui tam action
proceedings. Also provides that a qui tam complaint and information filed with the attorney
general shall not be subject to discovery or become public record until judicial service of the
qui tam action is made on any of the defendants, except that the information contained
therein may be given to other governmental entities or their authorized agents for review and
investigation.
Proposed law provides qui tam action procedures.
Proposed law provides that, subject to certain limitations, if the attorney general intervenes
in the action brought by a qui tam plaintiff, the qui tam plaintiff shall receive at least 10% SB NO. 531
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percent, but not more than 20%, of actual damages and civil fines awarded by the court. The
court may award less if it finds the action to be based primarily on disclosures of specific
information other than information provided by the qui tam plaintiff. If the attorney general
does not intervene in the action, the court may award up to 30% of damages. Also provides
for award of costs, expenses, fees, and attorney fees. Further provides for the making whole
of the state spending program.
Proposed law further provides that a qui tam plaintiff shall not be entitled to recovery if the
court finds that the plaintiff instituted or proceeded with an action that was frivolous,
vexatious, or harassing. Provides for recovery by the defendant against a qui tam plaintiff
under certain circumstances. Also provides that in no instance shall the attorney general or
the state be liable for any costs, expenses, fees, or attorney fees incurred by the qui tam
plaintiff or for any award entered against the qui tam plaintiff.
Proposed law provides that no employee shall be discharged, demoted, suspended,
threatened, harassed, or discriminated against in any manner in the terms and conditions of
his employment because of any lawful act engaged in by the employee or on behalf of the
employee in furtherance of any action taken pursuant to the proposed law in regard to a
person from whom recovery is or could be sought. Such an employee may seek any and all
relief for his injury to which he is entitled under state or federal law.
Proposed law provides that no individual shall be threatened, harassed, or discriminated
against in any manner by a business organization, government agency, or other person
because of any lawful act engaged in by the individual or on behalf of the individual in
furtherance of any action taken pursuant to the proposed law in regard to a person from
whom recovery is or could be sought. Such an individual may seek any and all relief for his
injury to which he is entitled under state or federal law.
Proposed law provides that an employee of a private entity may bring his action for relief
against his employer in the same court as the action or actions were brought pursuant to the
proposed law. Further provides for treble damages. Also provides for no recovery if court
finds action was frivolous, vexatious, or harassing.
Effective August 15, 2010.
(Adds R.S. 39:2165 - 2165.10)