HOUSE DOCKET, NO. 381 FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 1680
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The Commonwealth of Massachusetts
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PRESENTED BY:
Lenny Mirra
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the reporting of certain violations.
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PETITION OF:
Name: | District/Address: | Date Added: |
Lenny Mirra | 2nd Essex | 1/11/2023 |
HOUSE DOCKET, NO. 381 FILED ON: 1/12/2023
HOUSE . . . . . . . . . . . . . . . No. 1680
By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 1680) of Lenny Mirra relative to the reporting of certain violations and the protection of whistleblowers, so-called. The Judiciary. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1802 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the reporting of certain violations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 25 of chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following subsection:—
(e) An individual who reports a suspected violation of sections 20 through 23 of chapter 40B, chapter 40R, section 2 of chapter 62B, sections 26 and 27, and 148 and 148C of chapter 149, sections 13 and 14 of chapter 151A, section 25A of chapter 152, or section 18 of chapter 159, to the council or any other authority charged with enforcement, which substantially contributes to the prosecution of a violation thereof, shall receive 10 per cent of the proceeds recovered and collected in the action or in settlement of the claim; provided further, that nothing in this subsection shall reduce an award of wages owed to an employee pursuant to section 148 of chapter 149. Neither the council nor any enforcement agency shall disclose any information, including information provided by a whistleblower, which could reasonably be expected to reveal the identity of a whistleblower, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding.
No employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights or reporting a violation under this section. Any employer who discharges or in any other manner discriminates against any employee because such employee has made a complaint to the attorney general or any other person, or assists the attorney general in any investigation under this chapter, or has instituted, or caused to be instituted any proceeding under or related to this section, or has testified or is about to testify in any such proceedings, shall have violated this section and shall be punished or shall be subject to a civil citation of order as provided in section 27C or Chapter 149.