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Legislation Detail
HB 129/a PUBLIC EMPLOYEE PROBATION PERIOD
Sponsored By: Rep Reena C Szczepanski

Actions: HPREF [2] HLVMC/HGEIC-HLVMC [3] DP-HGEIC [7] DP/a [10] PASSED/H (50-9) [11] SHPAC/SFC-SHPAC [19] DP-SFC

Scheduled: Not Scheduled

Summary:
 House Bill 129 (HB 129) reduces the period of employment probation for public employees from one year to one hundred eighty days, and prohibits an additional probationary period if an employee elects to transfer or move to a different state service assignment. 
Legislation Overview:
 House Bill 129 (HB 129) amends Section 10-9-13 NMSA, stipulating that rules allow for a period of probation one hundred and eighty days, during which a probationer may be discharged or demoted or returned to the eligible list without benefit of hearing. A new provision is added, stating that once an employee has completed the initial probationary period, that employee must not be required to complete any additional probationary period if/when they choose to transfer or otherwise move to another service assignment. 
Current Law:
 Current Law states that employment probation for public employees is a year, and does not prohibit an additional probationary period if an employee chooses to transfer or move to a different state service assignment. 
Amendments:
 Amended February 15, 2025 in HGEIC

HGEICa/HB 129: The House Government, Elections and Indian Affairs Committee amendment to House Bill 129 makes the following changes:
1. On page 1, line 14, strike "MOVE TO A DIFFERENT STATE" and insert in lieu thereof "COMMENCE ANOTHER CLASSIFIED".
2. On page 1, line 15, before the period, insert "; PROVIDING EXCEPTIONS". 
3. On page 2, lines 18 and 19, strike "transfer or otherwise move to another service assignment" and insert in lieu thereof: "commence another classified service assignment, unless that employee has had a break in state service of one or more days that was not the result of a reduction in force or a job-related injury or illness as provided by rule".
 
Committee Substitute:
 Amended February 15, 2025 in HGEIC

HGEICa/HB 129: The House Government, Elections and Indian Affairs Committee amendment to House Bill 129 makes the following changes:

1. On page 1, line 14, strike "MOVE TO A DIFFERENT STATE" and insert in lieu thereof "COMMENCE ANOTHER CLASSIFIED".
2. On page 1, line 15, before the period, insert "; PROVIDING EXCEPTIONS". 
3. On page 2, lines 18 and 19, strike "transfer or otherwise move to another service assignment" and insert in lieu thereof: "commence another classified service assignment, unless that employee has had a break in state service of one or more days that was not the result of a reduction in force or a job-related injury or illness as provided by rule".