0001| HOUSE BILL 950 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MAX COLL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO EMPLOYEES; ENACTING THE WHISTLEBLOWERS' PROTECTION | 0012| ACT; PROVIDING PROTECTION TO EMPLOYEES WHO REPORT A VIOLATION | 0013| OR SUSPECTED VIOLATION OF LAW OR CARRY OUT THEIR DUTIES UNDER | 0014| LAW; PRESCRIBING REMEDIES; DECLARING AN EMERGENCY. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Whistleblowers' Protection Act". | 0019| Section 2. PURPOSE OF ACT.--The purpose of the | 0020| Whistleblowers' Protection Act is to encourage employees to | 0021| report violations of law and to carry out their duties and | 0022| assignments pursuant to law and to protect employees who report | 0023| violations or suspected violations of law or who carry out | 0024| their duties or assignments according to applicable law from | 0025| retaliatory actions by employers. | 0001| Section 3. DEFINITIONS.--As used in the Whistleblowers' | 0002| Protection Act: | 0003| A. "employee" means a person who performs a service | 0004| for wages or other remuneration under a contract of hire, | 0005| written or oral, express or implied, and includes a public | 0006| employee; | 0007| B. "employer" means a person who has one or more | 0008| employees and includes an agent of an employer and a public | 0009| employer; and | 0010| C. "suspected violation" means what would appear to | 0011| a reasonable person to constitute sufficient grounds and good | 0012| reason to believe that under the circumstances there has been a | 0013| violation of law, regulation or rule. | 0014| Section 4. PROTECTION FROM REPORTING VIOLATIONS OF | 0015| LAW.--An employer shall not discharge, discipline, threaten or | 0016| otherwise discriminate against an employee regarding the | 0017| employee's compensation, terms, conditions, location or | 0018| privileges of employment because the employee or a person | 0019| acting on behalf of the employee reports verbally or in writing | 0020| a violation or suspected violation of law, rule or regulation | 0021| to a public body or to reporters of or investigators for the | 0022| news media or who carries out the duties or assignments of his | 0023| position according to applicable law, rule or regulation. This | 0024| provision shall not apply if the employee knew or reasonably | 0025| should have known that the report was false. | 0001| Section 5. COMPLAINT PROCEDURE--CIVIL ACTION.-- | 0002| A. An employee who believes that he has been | 0003| discharged, disciplined, threatened or in any other way | 0004| discriminated against because he reported a violation or | 0005| suspected violation of law, rule or regulation or for carrying | 0006| out the duties or assignments of his position according to | 0007| applicable law, rule or regulation may file a complaint with | 0008| the human rights commission within thirty days of the alleged | 0009| discrimination. | 0010| B. Upon receipt of the complaint, the human rights | 0011| division of the labor department has thirty days to investigate | 0012| the complaint and determine if the employer discriminated | 0013| against the employee in violation of the Whistleblowers' | 0014| Protection Act. The commission has five working days to make | 0015| its determination based on the investigation. | 0016| C. If the human rights commission finds in favor of | 0017| the complainant, it shall, as appropriate, order the employer | 0018| to: | 0019| (1) cease and desist from any discriminatory | 0020| practice against the employee; | 0021| (2) restore the employee to his former duties; | 0022| and | 0023| (3) pay lost wages. | 0024| D. Any person aggrieved by an order of the | 0025| commission may obtain a trial de novo in the district court of | 0001| the county where the discriminatory practice occurred or where | 0002| the respondent does business by filing a notice of appeal | 0003| within thirty days from the date of service of the commission's | 0004| order. A copy of the notice of appeal shall be served | 0005| personally or by certified mail, return receipt requested, at | 0006| their last known address on all parties who appeared before the | 0007| commission and shall also be served at the human rights | 0008| division office in Santa Fe. No order of the commission shall | 0009| be superseded or stayed during the appeal unless the district | 0010| court so directs after notice to the commission and a hearing. | 0011| E. If testimony at the hearing was transcribed, the | 0012| human rights division shall, upon receipt of the notice of | 0013| appeal, file so much of the transcript of the record as the | 0014| parties requesting the transcript designate as necessary for | 0015| the appeal with the district court. | 0016| F. Upon appeal, either party may request a jury. | 0017| The jurisdiction of the district court is exclusive and its | 0018| judgment is final, subject to further appeal to the supreme | 0019| court. | 0020| G. A court, in rendering a judgment in an action | 0021| brought pursuant to the Whistleblowers' Protection Act, may | 0022| order reinstatement of the employee, the payment of back wages, | 0023| full reinstatement of fringe benefits and seniority rights, | 0024| removal of discipline, relocation, actual damages or any other | 0025| appropriate remedy. | 0001| H. In any action or proceeding under this section | 0002| if the complainant prevails, the court shall allow actual dam- | 0003| | 0004| ages and reasonable attorney fees, and in its discretion may | 0005| allow punitive damages, and the state shall be liable the same | 0006| as a private person. | 0007| Section 6. EMERGENCY.--It is necessary for the public | 0008| peace, health and safety that this act take effect immediately. | 0009| - 5 - State of New Mexico | 0010| House of Representatives | 0011| | 0012| FORTY-THIRD LEGISLATURE | 0013| FIRST SESSION, 1997 | 0014| | 0015| | 0016| March 5, 1997 | 0017| | 0018| | 0019| Mr. Speaker: | 0020| | 0021| Your JUDICIARY COMMITTEE, to whom has been referred | 0022| | 0023| HOUSE BILL 950 | 0024| | 0025| has had it under consideration and reports same with | 0001| recommendation that it DO PASS. | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| Thomas P. Foy, Chairman | 0010| | 0011| | 0012| Adopted Not Adopted | 0013| | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 9 For 1 Against | 0019| Yes: 9 | 0020| No: Alwin | 0021| Excused: Carpenter, Larranaga, Rios | 0022| Absent: None | 0023| | 0024| | 0025| G:\BILLTEXT\BILLW_97\H0950 |