New Mexico 2023 Regular Session Status: In Committee 1 D cosponsors

SB 89 — SUPPORTED DECISION-MAKING ACT

Last action — DO PASS, as amended, committee report adopted

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

433 added · 368 removed

Plain-language change summary

The updated version of SB 89 has removed a line that previously included a provision for making an appropriation, which means there will no longer be allocated funds tied directly to this bill. This change may affect the implementation of the Supported Decision-Making Program, as funding can play a critical role in how effectively new initiatives are established and run. By excluding the funding element, the bill could simplify the legislative process, though it also raises questions about how the program will be supported financially moving forward.

→
Previous
Latest
Lopez 6 8 10 AN ACT RELATING TO HEALTH;
Lopez This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
h AN ACT g o RELATING TO HEALTH;
PROVIDING REQUIREMENTS FOR SUPPORTED DECISION-MAKING AGREEMENTS;
t hr g e i k PROVIDING REQUIREMENTS FOR SUPPORTED DECISION-MAKING h r i s AGREEMENTS;
PROVIDING A 14 LIMITATION OF LIABILITY;
PROVIDING A h , t, LIMITATION OF LIABILITY;
CREATING A SUPPORTED DECISION-MAKING PROGRAM WITHIN THE OFFICE OF GUARDIANSHIP IN THE DEVELOPMENTAL DISABILITIES COUNCIL;
e u g e b l e e h CREATING A SUPPORTED DECISION-MAKING PROGRAM WITHIN THE OFFICE n d d i = = o h OF GUARDIANSHIP IN THE DEVELOPMENTAL DISABILITIES COUNCIL;
e t 17 MAKING AN APPROPRIATION.
l ] b ,d i a º e MAKING AN APPROPRIATION.
w l n d 18 = = 19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
r i = r t e w d m a n o d m :
a l i a e r 20 SECTION 1.
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
[NEW MATERIAL ] SHORT TITLE.--This act may be a t m m 21 cited as the "Supported Decision-Making Act".
SECTION 1.
d r e 22 SECTION 2.
[NEW MATERIAL ] SHORT TITLE.--This act may be cited as the "Supported Decision-Making Act".
[NEW MATERIAL] DEFINITIONS.--As used in the c e s k 23 Supported Decision-Making Act:
SECTION 2.
e a n b 24 A.
[NEW MATERIAL] DEFINITIONS.--As used in the Supported Decision-Making Act:
"adult" means a person who is at least eighteen u [ years of age;
A.
.223440.3 B.
"adult" means a person who is at least eighteen years of age;
B.
"supporter" means an adult who has entered into a supported decision-making agreement with a supported decision-maker pursuant to the Supported Decision-Making Act.
"supporter" means an adult who has entered into a supported decision-making agreement with a supported h g decision-maker pursuant to the Supported Decision-Making Act.
SECTION 3.
o t hr SECTION 3.
[NEW MATERIAL ] SUPPORTED DECISION-MAKING AGREEMENTS--SCOPE OF AGREEMENTS.--A supported decision-maker may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more supporters under which the supported decision-maker authorizes e e 17 the supporter to do any or all of the following:
[NEW MATERIAL ] SUPPORTED DECISION-MAKING g e i k AGREEMENTS--SCOPE OF AGREEMENTS.--A supported decision-maker h r i s h may voluntarily, without undue influence or coercion, enter , t, e u g into a supported decision-making agreement with one or more e b l e e h supporters under which the supported decision-maker authorizes n d d i = = o h the supporter to do any or all of the following:
e e n d 18 A.
l ] b ,d i a º e r i = r A.
provide supported decision-making, including = = l ] 19 assistance in understanding the options, responsibilities and a l r i 20 consequences of the supported decision-maker's life decisions t e a t without making those decisions on behalf of the supported m m 21 e d r e 22 decision-maker;
provide supported decision-making, including t e w d m a n o assistance in understanding the options, responsibilities and d m :
c e r c 23 B.
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -2- e a n e d r e l u [ A d consequences of the supported decision-maker's life decisions without making those decisions on behalf of the supported decision-maker;
assist the supported decision-maker in e a n b 24 accessing, collecting and obtaining information that is u [ relevant to a given life decision, including medical, .223440.3 - 2 - psychological, financial, educational or treatment records, from any person;
B.
assist the supported decision-maker in accessing, collecting and obtaining information that is relevant to a given life decision, including medical, psychological, financial, educational or treatment records, from any person;
A supported decision-making agreement may be in any form but shall:
A supported decision-making agreement may be in h g any form but shall:
(1) be in writing;
o t hr (1) be in writing;
(2) be dated;
g e i k (2) be dated;
(3) be signed voluntarily, without coercion or undue influence, by the supported decision-maker and the e e 17 supporter;
h r i s (3) be signed voluntarily, without coercion or h , t, e u g undue influence, by the supported decision-maker and the e b l e e h supporter;
e e n d 18 (4) designate a supporter;
n d d i = = o h (4) designate a supporter;
= = l ] 19 (5) list the types of decisions with which the a l r i 20 supporter is authorized to assist the supported decision-maker;
l ] b ,d i a º e r i = r (5) list the types of decisions with which the t e w d m a n o supporter is authorized to assist the supported decision-maker;
t e a t (6) list the types of decisions, if any, with m m 21 e d r e 22 which the supporter is not authorized to assist the supported c e r c 23 decision-maker;
d m :
and e a n b 24 (7) contain a consent signed by the supporter u [ indicating the supporter's:
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -3- e a n e d r e l u [ A d (6) list the types of decisions, if any, with which the supporter is not authorized to assist the supported decision-maker;
.223440.3 - 3 - (a) relationship to the supported decision-maker;
and (7) contain a consent signed by the supporter indicating the supporter's:
(a) relationship to the supported decision-maker;
All supported decision-makers are presumed to have capacity and to be capable of managing their affairs unless otherwise determined by a court.
All supported decision-makers are presumed to have capacity and to be capable of managing their affairs h g unless otherwise determined by a court.
A diagnosis of mental illness, intellectual disability or developmental disability, of itself, does not void the presumption of capacity.
A diagnosis of mental o t hr illness, intellectual disability or developmental disability, g e i k of itself, does not void the presumption of capacity.
B.
h r i s B.
The manner in which a supported decision-maker e e 17 communicates with others is not grounds for determining that e e n d 18 the supported decision-maker is incapable of managing the = = l ] 19 supported decision-maker's own affairs.
The manner in which a supported decision-maker h , t, e u g communicates with others is not grounds for determining that e b l e e h the supported decision-maker is incapable of managing the n d d i = = o h supported decision-maker's own affairs.
a l r i 20 C.
l ] b ,d i a º e r i = r C.
The execution of a supported decision-making t e a t agreement may not be used as evidence of capacity or incapacity m m 21 e d r e 22 in any civil or criminal proceeding and does not preclude the c e r c 23 ability of the supported decision-maker who has entered into a e a n b 24 supported decision-making agreement to act independently of the u [ agreement.
The execution of a supported decision-making t e w d m a n o agreement may not be used as evidence of capacity or incapacity d m :
Show all 75 changed rows (35 more)
Previous
Latest
.223440.3 - 4 - SECTION 6.
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -4- e a n e d r e l u [ A d in any civil or criminal proceeding and does not preclude the ability of the supported decision-maker who has entered into a supported decision-making agreement to act independently of the agreement.
SECTION 6.
B.
h g B.
(1) making decisions on behalf of the supported decision-maker;
o t hr (1) making decisions on behalf of the g e i k supported decision-maker;
e e 17 (2) obtaining, without the consent of the e e n d 18 supported decision-maker, information that is not reasonably = = l ] 19 related to matters with which the supporter is authorized to a l r i 20 assist pursuant to the supported decision-making agreement;
h r i s (2) obtaining, without the consent of the h , t, e u g supported decision-maker, information that is not reasonably e b l e e h related to matters with which the supporter is authorized to n d d i = = o h assist pursuant to the supported decision-making agreement;
and t e a t (3) using, without the consent of the m m 21 e d r e 22 supported decision-maker, information acquired for a purpose c e r c 23 other than assisting the supported decision-maker to make a e a n b 24 decision under the supported decision-making agreement.
and l ] b ,d i a º e r i = r (3) using, without the consent of the t e w d m a n o supported decision-maker, information acquired for a purpose d m :
u [ SECTION 7.
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -5- e a n e d r e l u [ A d other than assisting the supported decision-maker to make a decision under the supported decision-making agreement.
[NEW MATERIAL ] SUPPORTER NOT A FIDUCIARY .223440.3 - 5 - AGENT.--A supporter is not a fiduciary agent of the supported decision-maker.
SECTION 7.
[NEW MATERIAL ] SUPPORTER NOT A FIDUCIARY AGENT.--A supporter is not a fiduciary agent of the supported decision-maker.
[NEW MATERIAL ] SUPPORTER DISQUALIFICATIONS.-- The following persons are disqualified from acting as a supporter:
[NEW MATERIAL] SUPPORTER DISQUALIFICATIONS.-- The following persons are disqualified from acting as a supporter:
SECTION 9.
h g SECTION 9.
[NEW MATERIAL ] ACCESS TO PERSONAL INFORMATION.-- e e 17 A.
[NEW MATERIAL ] ACCESS TO PERSONAL o t hr INFORMATION.-- g e i k A.
If a supporter assists a supported decision- e e n d 18 maker in accessing, collecting or obtaining personal = = l ] 19 information, including financial information, protected health a l r i 20 information under the federal Health Insurance Portability and t e a t Accountability Act of 1996 or educational records under the m m 21 e d r e 22 federal Family Educational Rights and Privacy Act of 1974, the c e r c 23 supporter shall ensure that the information is kept privileged e a n b 24 and confidential, as applicable, and is not subject to u [ unauthorized access, use or disclosure.
If a supporter assists a supported decision- h r i s h maker in accessing, collecting or obtaining personal , t, e u g information, including financial information, protected health e b l e e h information under the federal Health Insurance Portability and n d d i = = o h Accountability Act of 1996 or educational records under the l ] b ,d i a º e r i = r federal Family Educational Rights and Privacy Act of 1974, the t e w d m a n o supporter shall ensure that the information is kept privileged d m :
.223440.3 - 6 - B.
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -6- e a n e d r e l u [ A d and confidential, as applicable, and is not subject to unauthorized access, use or disclosure.
B.
A supporter is not subject to the provisions of this section.
A supporter is not subject to the provisions of h g this section.
e e 17 SECTION 11.
o t hr SECTION 11.
[NEW MATERIAL ] RECOGNITION OF DECISIONS MADE e e n d 18 WITH ASSISTANCE OF SUPPORTER.--A decision or request made or = = l ] 19 communicated with the assistance of a supporter in conformity a l r i 20 with the Supported Decision-Making Act shall be recognized for t e a t the purposes of any provision of law as the decision or request m m 21 e d r e 22 of the supported decision-maker.
[NEW MATERIAL ] RECOGNITION OF DECISIONS MADE g e i k WITH ASSISTANCE OF SUPPORTER.--A decision or request made or h r i s h communicated with the assistance of a supporter in conformity , t, e u g with the Supported Decision-Making Act shall be recognized for e b l e e h the purposes of any provision of law as the decision or request n d d i = = o h of the supported decision-maker.
c e r c 23 SECTION 12.
l ] b ,d i a º e r i = r SECTION 12.
[NEW MATERIAL ] TERM OF SUPPORTED DECISION- e a n b 24 MAKING AGREEMENT--TERMINATION OR REVOCATION OF AGREEMENT.-- u [ A.
[NEW MATERIAL ] TERM OF SUPPORTED DECISION- t e w d m a n o MAKING AGREEMENT--TERMINATION OR REVOCATION OF AGREEMENT.-- d m :
Except as provided by Subsection B of this .223440.3 - 7 - section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement.
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -7- e a n e d r e l u [ A d A.
Except as provided by Subsection B of this section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement.
e e 17 (6) the supported decision-maker gives notice e e n d 18 to the supporter orally, in writing, through an assistive = = l ] 19 technology device or by any other means or act showing a a l r i 20 specific intent to terminate the agreement;
h g (6) the supported decision-maker gives notice o t hr to the supporter orally, in writing, through an assistive g e i k technology device or by any other means or act showing a h r i s specific intent to terminate the agreement;
or t e a t (7) the supporter provides written notice of m m 21 e d r e 22 the supporter's resignation to the supported decision-maker.
or h , t, e u g (7) the supporter provides written notice of e b l e e h the supporter's resignation to the supported decision-maker.
c e r c 23 SECTION 13.
n d d i = = o h SECTION 13.
[NEW MATERIAL ] REPORTING OF SUSPECTED ABUSE, e a n b 24 NEGLECT OR EXPLOITATION.--If a person who receives a copy of a u [ supported decision-making agreement or is aware of the .223440.3 - 8 - existence of a supported decision-making agreement has cause to believe that the supported decision-maker is being abused, neglected or exploited by the supporter, the person shall report the alleged abuse, neglect or exploitation to the aging and long-term services department's adult protective services division's statewide intake hotline.
[NEW MATERIAL ] REPORTING OF SUSPECTED ABUSE, l ] b ,d i a º e r i = r NEGLECT OR EXPLOITATION.--If a person who receives a copy of a t e w d m a n o supported decision-making agreement or is aware of the d m :
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -8- e a n e d r e l u [ A d existence of a supported decision-making agreement has cause to believe that the supported decision-maker is being abused, neglected or exploited by the supporter, the person shall report the alleged abuse, neglect or exploitation to the aging and long-term services department's adult protective services division's statewide intake hotline.
(2) review supported decision-making agreements and help determine if the agreement meets statutory e e 17 requirements;
SHPACº (2) facilitate adults in forming, executing and terminating supported decision-making agreements;»SHPAC h g SHPACº (2)»SHPAC SHPACº(3)»SHPAC o t hr SHPACº review»SHPAC SHPACºmonitor»SHPAC supported decision- g e i k making agreements SHPACº and help»SHPAC SHPACºto»SHPAC h r i s h determine if the agreement meets statutory requirements;
e e n d 18 (3) provide resources for a supported = = l ] 19 decision-maker who believes a supporter is acting outside the a l r i 20 scope of the supported decision-maker's and the supporter's t e a t supported decision-making agreement;
, t, e u g SHPACº(3)»SHPAC SHPACº(4)»SHPAC provide e b l e e h resources SHPACº for»SHPAC SHPACºand assistance to»SHPAC a n d d i = = o h l ] b ,d supported decision-maker who believes a supporter is acting i a º e r i = r outside the scope of the SHPACºsupported decision-maker's and t e w d m a n o d m :
and m m 21 e d r e 22 (4) provide resources to any individual who is c e r c 23 seeking information on reporting suspected abuse, neglect or e a n b 24 exploitation of the supported decision-maker.
b e d s º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e -9- e a n e d r e l u [ A d the supporter's»SHPAC supported decision-making agreement;
u [ SECTION 15.
and SHPACº (4)»SHPAC SHPACº(5)»SHPAC provide resources to any individual who is seeking information on reporting suspected abuse, neglect or exploitation of the supported decision-maker.
APPROPRIATION.--One hundred eighty-nine .223440.3 - 9 - thousand dollars ($189,000) is appropriated from the general fund to the developmental disabilities council for expenditure in fiscal year 2024 to carry out the provisions of the Supported Decision-Making Act and to hire a full-time employee and contract support to create and administer the supported decision-making program in the office of guardianship in the developmental disabilities council.
SECTION 15.
APPROPRIATION.-- SHPACº One hundred eighty- nine thousand dollars ($189,000)»SHPAC SHPACºTwo hundred eighty-nine thousand dollars ($289,000)»SHPAC is appropriated from the general fund to the developmental disabilities council for expenditure in fiscal year 2024 to carry out the provisions of the Supported Decision-Making Act and to hire SHPACºa»SHPAC SHPACº two»SHPAC full-time SHPACºemployee»SHPAC SHPACº employees»SHPAC and contract support to create and administer the supported decision-making program in the office of guardianship in the developmental disabilities council.
- 10 - 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .223440.3
h -10- u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .223440.3AIC January 30, 2023 (1:20pm) s k m e e a n e d r e l u [ A d
⬇ Download PDF
View plain text versions (2)

Action History

  1. DO PASS, as amended, committee report adopted

  2. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee & Senate Finance Committee

  3. Sent to Senate Pre-file

Sponsors

  • Linda M. López · Primary
  • Joanne J. Ferrary · Primary
  • Siah Correa Hemphill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 89?
SB 89 is sponsored by Linda M. López (Democrat), Ferrary, Joanne J., and Hemphill, Siah Correa.
What is the current status of SB 89?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 89?
Track SB 89 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 89

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 89

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →