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S.B. 21 - Whistleblower Act of 2019

AN ACT

To protect whistleblowers from termination.

Be it enacted by the Senate and Assembly of the State of Mayflower in Congress assembled,

SECTION I. LONG TITLE; SEVERABILITY; EFFECTIVE DATE

  • (a) An Act to prevent whistle-blowers from being terminated from an employer.
  • (b) Anyone who gives any tip about misconduct or illegal activities from their employer cannot be terminated from their position because they submitted the tip.
  • (c) This act shall go in affect once the Governor of Mayflower signs it into law. This Act will end once a new bill has replaced it, this bill is altered, or this bill is repealed by a vote of the State Senate.

SECTION II. DEFINITIONS

  • (a) Whistle-blower: a person who informs on a person or organization engaged in an illicit activity.
  • (b) Tip: a piece of evidence given to an individual, a group of individuals, or a government agency to prove a crime.
  • (c) Anonymous: an individual not identified by name; of unknown name.

SECTION III. DOCUMENTATION; ENFORCEMENT

  • (a) Employers can not discharge, suspend, demote, or take other retaliatory action if employee discloses or threatens to disclose

S.B. 21

an illegal activity, misconduct, or any other tips to another individual or government agency. (b)If the offender is a commercial business, the business shall be fined a civil fine, maximum $950 for first violation and maximum of $3,000 for each subsequent violation. (c) If the offender is a law enforcement agency, the main individual responsible for the termination shall be punished with a maximum two week suspension after an investigation by the Department of Public Safety is concluded. (d) All employees previously terminated for releasing a tip about illegal activity, misconduct, or any other tips shall be reinstated to their position immediately. (e) If the tip involves a current Internal Affairs investigation, state investigation, or anything confidential, the person must wait until the investigation is concluded in order to submit the tip, or if the information is released to the public. (f) If the tip is anonymous, it must remain anonymous until an investigation is concluded. (g) The Department of Public Safety shall reserve the right to investigate any terminations within law enforcement that would violate this act, and command the department to punish those deemed in violation with this act with authorization from the Governor. (h) This act shall be enforced by the Department of Public Safety and the Office of the Governor.

SECTION IV. TIMEFRAME

(a) This Act shall be in effect from when the Governor signs it into law to when the Governor, Judicial Official, or a Legislative Official deems it shall no longer be in effect by using their appropriate, prescribed powers.

S.B. 21

SECTION V. NULLIFICATION

  • (a) This act may be nullified, repealed, or altered by an Act of Senate.

Last update: May 7, 2020