SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 299

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO WHISTLEBLOWER PROTECTION; CHANGING TO WHOM PUBLIC EMPLOYEES MAY REPORT UNLAWFUL OR IMPROPER ACTS; REQUIRING EXHAUSTION OF ADMINISTRATIVE REMEDIES BEFORE WHISTLEBLOWER PROTECTION ACT REMEDIES ARE AVAILABLE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 10-16C-1 NMSA 1978 (being Laws 2010, Chapter 12, Section 1) is amended to read:

     "10-16C-1. SHORT TITLE.--[This act] Chapter 10, Article 16C NMSA 1978 may be cited as the "Whistleblower Protection Act"."

     SECTION 2. Section 10-16C-3 NMSA 1978 (being Laws 2010, Chapter 12, Section 3) is amended to read:

     "10-16C-3. PUBLIC EMPLOYER RETALIATORY ACTION PROHIBITED.--A public employer shall not take any retaliatory action against a public employee because the public employee:

          A. communicates to the public employer or [a third party] to an individual or entity in a position to further the public interest information about an action or a failure to act that the public employee believes in good faith constitutes an unlawful or improper act;

          B. provides information to, or testifies before, a public body as part of an investigation, hearing or inquiry into an unlawful or improper act; or

          C. objects to or refuses to participate in an activity, policy or practice that constitutes an unlawful or improper act."

     SECTION 3. Section 10-16C-6 NMSA 1978 (being Laws 2010, Chapter 12, Section 6) is amended to read:

     "10-16C-6. LIMITATION ON ACTIONS.--[A civil action pursuant to the Whistleblower Protection Act shall be forever barred unless the action is filed within two years from the date on which the retaliatory action occurred.] The remedies provided for in the Whistleblower Protection Act shall not be available unless the public employee has first exhausted the grievance and administrative remedies as provided in Section 28-1-10 NMSA 1978."

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