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SPONSOR: |
Coll |
DATE TYPED: |
|
HB |
11/aHLC/aHJC/aHFl#1 |
||
SHORT TITLE: |
Whistleblower Protection Act |
SB |
|
||||
|
ANALYST: |
Gilbert |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
$0.1
See Narrative |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Attorney
General’s Office (AGO)
State
Highway and Transportation Department (SHTD)
New
Mexico Department of Labor (NMDOL)
Administrative
Office of the Courts (AOC)
SUMMARY
Synopsis
of HFl#1 Amendment
House Floor amendment #1 to House Bill 11
inserts language stating that when the court finds that a complainant’s
proceeding is frivolous, the court shall award the respondent reasonable attorney
fees.
Synopsis
of HJC Amendment
House Judiciary Committee amendment to House
Bill 11 changes the state’s liability under the Whistleblower Protection Act
from “the same as a private person” to “pursuant to the Tort Claims Act.”
Synopsis
of HLC Amendment
The
House Labor and Human Resources Committee amendment to House Bill 11 clarifies
the following definitions:
Synopsis
of Original Bill
House
Bill 11, the Whistleblower Protection Act, encourages employees to disclose illegal
acts of public concern. The Act seeks to
protect employees from retaliation by public and private employers and their
agents. The Act applies only to
employers with four or more employees.
Significant
Issues
This Act would provide an administrative remedy
to employees who are retaliated against by their
employers for asserting illegal or improper acts of public concern, or who have
participated in a hearing or investigation regarding the same. The Act charges
the New Mexico Human Rights Division with enforcement of the Act, and contains
procedural grievance and hearing requirements.
If a respondent does not comply with an order of the Human Rights
Commission, the Attorney General or district attorney can enforce the order.
The Act would allow courts to award punitive
damages, and specifies the state may be held liable in the same manner as a
private person.
FISCAL IMPLICATIONS
Punitive damages, which are not generally
available against the state, are provided in this Act. There is no legal standard set forth to
provide guidance as to when punitive damages would be awarded, nor is there any
cap to such damages. The state could
incur significant financial liabilities under this Act.
The New Mexico Department of Labor (NMDOL)
states that additional full-time staff will likely be required to investigate
whistleblower retaliation charges.
The Act does not address consequences for filing
frivolous complaints.
RLG/prr