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