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                                                      PRINTER'S NO. 1387

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1181 Session of 2005


        INTRODUCED BY FORCIER, ARMSTRONG, BAKER, BARRAR, BELFANTI,
           BENNINGHOFF, CALTAGIRONE, CAPPELLI, CAUSER, DENLINGER,
           FAIRCHILD, GEIST, HERSHEY, HESS, HUTCHINSON, KIRKLAND, KOTIK,
           LEH, METCALFE, PHILLIPS, PICKETT, READSHAW, ROHRER, SOLOBAY,
           R. STEVENSON, TIGUE, WILT, ZUG AND PALLONE, MARCH 29, 2005

        REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 29, 2005

                                     AN ACT

     1  Prohibiting certain employers from discriminating against
     2     certain employees who exercise their self-defense rights;
     3     providing for remedies and for enforcement; and prescribing
     4     penalties.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Commonwealth
     9  Employees' Right to Self-Defense Act.
    10  Section 2.  Legislative intent.
    11     It is the intent of the General Assembly to restore the
    12  rights of Commonwealth employees, guaranteed by both the Second
    13  Amendment of the Constitution of the United States and section
    14  21 of Article I of the Constitution of Pennsylvania, to keep and
    15  bear arms in defense of themselves. The protection from adverse
    16  employment conditions created by this act shall be broadly
    17  construed to effectuate the intent expressed in this section.


     1  Section 3.  Definitions.
     2     The following words and phrases when used in this act shall
     3  have the meanings given to them in this section unless the
     4  context clearly indicates otherwise:
     5     "Employee."  A person who performs a service for wages or
     6  other remuneration under a contract of hire, written or oral,
     7  express or implied, for a public body.
     8     "Employer."  A person supervising one or more employees,
     9  including the employee in question, a superior of that
    10  supervisor or an agent of a public body.
    11     "Public body."  A State officer, agency, department,
    12  division, bureau, board, commission, council, authority or other
    13  body in the executive branch of State government.
    14     "Self-defense rights."  The right to carry a firearm
    15  concealed on or about one's person or in a vehicle throughout
    16  this Commonwealth pursuant to a license to carry a firearm
    17  lawfully issued in compliance with 18 Pa.C.S. § 6109 (relating
    18  to licenses).
    19  Section 4.  Protection of employees.
    20     No employer may discharge, threaten or otherwise discriminate
    21  or retaliate against an employee regarding the employee's
    22  compensation, terms, conditions, location or privileges of
    23  employment because the employee exercises self-defense rights:
    24         (1)  on any Commonwealth-owned or leased property;
    25         (2)  on any location where Commonwealth business is
    26     conducted;
    27         (3)  on any site where an employee is considered to be on
    28     duty; or
    29         (4)  in any Commonwealth vehicle or private vehicle
    30     utilized for Commonwealth business.
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     1  Section 5.  Limitations.
     2     The provisions of this act shall not apply to any employee
     3  who exercises self-defense rights within a detention facility,
     4  correctional institution or mental hospital.
     5  Section 6.  Remedies.
     6     (a)  Civil action.--A person who alleges a violation of this
     7  act may bring a civil action in a court of competent
     8  jurisdiction for appropriate injunctive relief or damages, or
     9  both, within 180 days after the occurrence of the alleged
    10  violation.
    11     (b)  Necessary showing of evidence.--An employee alleging a
    12  violation of this act must show by a preponderance of the
    13  evidence that, prior to alleged reprisal, the employee had
    14  exercised self-defense rights.
    15     (c)  Defense.--It shall be a defense to an action under this
    16  section if the defendant proves by a preponderance of the
    17  evidence that the action by the employer occurred for separate
    18  and legitimate reasons, which are not merely pretextual.
    19     (d)  Civil service employees.--An employee covered by civil
    20  service who contests a civil service action, believing it to be
    21  motivated by the employee's exercise of self-defense rights, may
    22  submit as admissible evidence in the civil service action any or
    23  all material relating to the exercise of self-defense rights and
    24  to the resulting alleged reprisal.
    25  Section 7.  Enforcement.
    26     A court in rendering a judgment in an action brought under
    27  this act shall order, as the court considers appropriate,
    28  reinstatement of the employee, the payment of back wages, full
    29  reinstatement of fringe benefits and seniority rights, actual
    30  damages or any combination of these remedies. A court may also
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     1  award the complainant all or a portion of the costs of
     2  litigation, including reasonable attorney fees and witness fees,
     3  if the court determines that the award is appropriate.
     4  Section 8.  Penalties.
     5     A person who, under color of an employer's authority,
     6  violates this act shall be liable for a civil fine of not more
     7  than $500. A civil fine which is ordered under this section
     8  shall be paid to the State Treasurer for deposit into the
     9  General Fund.
    10  Section 9.  Effective date.
    11     This act shall take effect immediately.













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