PUBLIC PEACE, HEALTH, SAFETY & WELFARE
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SB 535 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE
Last action — Signed
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 20, 2025. Enacted.
Signed by Governor Michelle Lujan Grisham (Democratic) on April 08, 2025.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
718 added · 1131 removedPlain-language change summary
The updated version of SB 535 includes several key changes, such as increased fees for the workers' compensation administration and the creation of a new 988 lifeline fund funded by surcharges on telecommunications services. Additionally, it establishes the Supported Decision-Making Act, which supports individuals with disabilities by outlining agreements and designating roles for their supporters. These changes are important as they aim to enhance funding for essential services while better supporting vulnerable populations in making personal decisions.
SENATEAN FINANCEACT COMMITTEERELATING SUBSTITUTETO FORTHE SENATEPUBLIC BILLPEACE, 535HEALTH, 57THSAFETY LEGISLATUREAND -WELFARE; STATEOFNEWMEXICO- FIRST SESSION, 2025 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.
TheINCREASING documentFEES isTO aFUND toolTHE toWORKERS' showCOMPENSATION amendmentsADMINISTRATION; in context and cannot be used for the purpose of adding amendments to legislation.
ANINCREASING ACTCERTAIN hFEES; RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
gPROVIDING oFOR INCREASING FEES TO FUND THE WORKERS'ENFORCEMENT COMPENSATIONOF tFEES hrBY gTHE ePUBLIC iREGULATION kCOMMISSION; ADMINISTRATION;
HAFCº INCREASING CERTAINTHE FEES;911 EMERGENCY SURCHARGE;
PROVIDINGINCREASING FOR THE hTELECOMMUNICATIONS rRELAY iSERVICE sSURCHARGE ENFORCEMENTAND OFTRANSFERRING FEESTHE BYMONEY FROM THE PUBLICINCREASE REGULATIONTO COMMISSION;A NEW 988 LIFELINE FUND;
hALLOWING , t, INCREASING THE 911STATE EMERGENCYBUDGET SURCHARGE;»HAFCDIVISION INCREASINGOF THE eDEPARTMENT uOF gFINANCE eAND bADMINISTRATION lTO eAPPROVE eTHE hEXPENDITURE TELECOMMUNICATIONSOF RELAYUP SERVICETO SURCHARGEONE ANDHUNDRED TRANSFERRINGPERCENT OF THE nTELECOMMUNICATIONS dACCESS dFUND iFOR =EXPENSES =INCURRED oBY hTHE MONEYCOMMISSION FROMFOR THEDEAF INCREASEAND TOHARD-OF-HEARING APERSONS NEWIN 988ADMINISTERING LIFELINETHE FUND;TELECOMMUNICATIONS ACCESS ACT;
ALLOWINGENACTING l ] b ,d i a º e THE STATESUPPORTED BUDGETDECISION-MAKING DIVISIONACT; OF THE DEPARTMENT OF FINANCE AND r i = r t e w d m a n o ADMINISTRATION TO APPROVE THE EXPENDITURE OF UP TO ONE HUNDRED d m :
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e e a n e d r e l u [ A d SFC/SB 535 PERCENT OF THE TELECOMMUNICATIONS ACCESS FUND FOR EXPENSES INCURRED BY THE COMMISSION FOR DEAF AND HARD-OF-HEARING PERSONS IN ADMINISTERING THE TELECOMMUNICATIONS ACCESS ACT;
Hfl1º ENACTING THE SUPPORTED DECISION-MAKING ACT;
CREATING A SUPPORTED DECISION-MAKING PROGRAM IN THE OFFICE OF GUARDIANSHIP WITHIN THE DEVELOPMENTAL DISABILITIES COUNCIL;»Hfl1COUNCIL; MAKING AN APPROPRIATION.
MAKING AN APPROPRIATION.
FEE FOR FUNDING ADMINISTRATION--WORKERS'ADMINISTRATION– SFC/SB 535 Page 1 WORKERS' COMPENSATION ADMINISTRATION FUND CREATED.-- A.
Beginning with the calendar quarter ending h September 30, 2004 and for each calendar quarter thereafter, u » r there is assessed against each employer who is required or t h g e l i elects to be covered by the Workers' Compensation Act a fee h r i s equal to [two dollars thirty cents ($2.30) ] the following h , e h amounts, multiplied by the number of employees covered by the t u g e b l e e , gh Workers' Compensation Act that the employer has on the last n d d i = = o h working day of each quarter:
l ] b ,d i a º r (1) prior to July 1, 2025, two dollars thirty e r = t e w d m a n o cents ($2.30);
d(2) mbeginning :July 1, 2025 and prior to July 1, 2028, two dollars fifty-five cents ($2.55);
b r e t º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 2 - e a n e d r e l u [ A d SFC/SB 535 (2) beginning July 1, 2025 and prior to July 1, 2028, two dollars fifty-five cents ($2.55);
At the same time the fee pursuant to Subsection A of this section is assessed, there is assessed against each employee covered by the Workers' Compensation Act on the last working day of each quarter a fee [of two dollars ($2.00) ] in the following amounts, which shall be deducted from the wages of the employee by the employer and remitted along with the fee assessed on the employer:
SFC/SB 535 Page 2 (2) beginning July 1, 2025 and prior to July h 1, 2028, two dollars twenty-five cents ($2.25);
g o (3) beginning July 1, 2028 and prior to July t hr g e 1, 2033, two dollars thirty-eight cents ($2.38);
and i k h r i s (4) beginning July 1, 2033, two dollars fifty h , t, cents ($2.50).
e u g e b l C.
The fees shall be remitted by the last day of e e h n d d i the month following the end of the quarter for which they are = = o h l ] b ,d i a º e due.
rD. i = r t e w d [B.
]The D.taxation and revenue department may deduct from the gross fees collected an amount not to exceed five percent of the gross fees collected to reimburse the department for costs of administration.
TheE. taxation and revenue department may m a n o d m :
bThe etaxation dand srevenue ºdepartment oshall tpay nover =the .231747.2AICnet Marchfees 22,collected 2025to (4:12pm)the sstate ktreasurer mto ebe -deposited 3by - e a n e d r e l u [ A d SFC/SB 535 deduct from the grosstreasurer feesin collecteda anfund amounthereby notcreated and to exceedbe fiveknown percentas of the gross"workers' feescompensation collectedadministration tofund". reimburse the department for costs of administration.
[C.
] E.
The taxation and revenue department shall pay over the net fees collected to the state treasurer to be deposited by [him ] the treasurer in a fund hereby created and to be known as the "workers' compensation administration fund".
[D.F.
]The F.workers' compensation fee authorized in SFC/SB 535 Page 3 this section shall be administered and enforced by the taxation and revenue department under the provisions of the Tax Administration Act." SECTION 2.
TheSection workers'62-8-8 compensationNMSA fee1978 authorized(being inLaws this1967, sectionChapter shall96, beSection administered6, andas enforcedamended) byis theamended taxationto andread: revenue department under the provisions of the Tax h Administration Act." g o HAFCºSECTION 2.
Section"62-8-8. 62-8-8 NMSA 1978 (being Laws t hr g e i k 1967, Chapter 96, Section 6, as amended) is amended to read:
hINSPECTION rAND iSUPERVISION sFEE.-- "62-8-8.A.
INSPECTIONEach ANDutility SUPERVISIONdoing FEE.--business hin ,this t,state A.and subject to the control and jurisdiction of the commission with respect to its rates or service regulations shall pay annually to the state a fee for the inspection and supervision of such business in an amount equal to five hundred ninety thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year.
EachThat utilitysum doing business in this state and e u g e b l e e h subject to the control and jurisdiction of the commission with n d d i = = o h respect to its rates or service regulations shall paybe annuallypayable lon ] b ,d i a º e to the statelast aday fee for the inspection and supervision of suchJuly r i = r t e w d m a n o business in aneach amountyear. equal to five hundred [six] ninety d m :
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 4 - e a n e d r e l u [ A d SFC/SB 535 thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year.
That sum shall be payable on [or before] the [first] last day of [April] July in each year.
In the case of utilities engaged in interstate business, the inspection and supervision fee shall be measured by the gross receipts of those utilities from intrastate business only for that preceding calendar year and not in any respect upon receipts derived wholly SFC/SB 535 Page 4 or in part from interstate business.
Show all 184 changed lines (144 more)
No inspection and supervision fee shall be charged on the gross h receipts from the sale of gas, water or electricity to a g o utility regulated by the commission for resale to the public.
t hr g e i k B.
Prior to July 1, 2031, the fees established h r i s pursuant to this section may be adjusted annually by the h , t, commission;
provided that any increase shall not be greater e u g e b l e e h than the prior year's increase in the employment cost index for n d d i = = o h state and local government as published by the federal bureau l ] b ,d i a º e of labor statistics." r i = r t e w d m a n o SECTION 3.
Section 62-13-2 NMSA 1978 (being Laws 1957, dChapter m25, :Section 2, as amended) is amended to read:
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 5 - e a n e d r e l u [ A d SFC/SB 535 Chapter 25, Section 2, as amended) is amended to read:
FEES.--The commission shall collect fees for the followingfollowing, [fees], which shall be remitted to the state treasurer not later than the day following receipt;
for copies of papers, testimony and records, the reasonable cost of such copies as the commission may SFC/SB 535 Page 5 provide from time to time by rule;
for certifying any copy of any paper, testimony h g or record, two dollars ($2.00)." o t hr SECTION 4.
Section 63-7-20 NMSA 1978 (being Laws 1951, g e i k Chapter 194, Section 1, as amended) is amended to read:
h r i s h "63-7-20.
UTILITY INSPECTION--FEE.-- , t, e u g A.
Each utility doing business in this state that e b l e e h is subject to the control and jurisdiction of the commission by n d d i = = o h l ] b ,d virtue of the provisions of Article 11 of the constitution of i a º e r i = r New Mexico with respect to its rates and service shall pay t e w d m a n o annually to the commission a fee in performance of its duties das mnow :provided by law.
bThe efee dfor sutilities ºshall onot texceed nfive =hundred .231747.2AICninety Marchthousandths 22,percent 2025of (4:12pm)its sgross kreceipts mfrom ebusiness -transacted 6in -New eMexico afor nthe epreceding dcalendar ryear. e l u [ A d SFC/SB 535 as now provided by law.
TheThis feesum for utilities shall notbe exceedpayable fiveannually hundredon [eleven]July ninety31 thousandths percent of its gross receipts from business transacted in Neweach Mexico for the preceding calendar year.
This sum shall be payable annually on [or before April 1] July 31 in each year.
provided that any increase shall not be greater than the prior year's increase in the employment cost index for state and local SFC/SB 535 Page 6 government, as published by the federal bureau of labor statistics.
As used in this section, "utility" includes telephone companies and h transmission companies but does not include public utilities g o subject to the Public Utility Act.
t hr g e i k B.
When a fee is not paid on the date it is due, h r i s interest shall be paid to the state on the amount due.
The h , t, interest on the amount due shall start to accrue on the day e u g e b l e e h following the due date and shall continue to accrue until the n d d i = = o h total amount due is paid.
The rate of interest on a late fee l ] b ,d i a º e payment shall be fifteen percent per year, computed at the rate r i = r t e w d m a n o of one and one-fourth percent per month.
dC. m :
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 7 - e a n e d r e l u [ A d SFC/SB 535 C.
The [attorney general, in the name of the state] commission shall bring suit to collect fees, interest and penalties that remain unpaid." SECTION 5.
[There is imposed] A 911 emergency surcharge is imposed in the amount of [fifty-one cents ($.51)] one dollar ($1.00) to be billed to each subscriber access line by a communications service provider, on each active number for a commercial mobile radio service subscriber and on the number of VoIP lines for which the VoIP SFC/SB 535 Page 7 service provider enables the h g capacity for simultaneous calls, regardless of actual usage, to o t hr be connected to the public switched telephone network during g e i k the period for which the fixed charge is imposed.
The h r i s h surcharge is imposed on all subscribers whose place of primary , t, e u g use, as defined in the federal Mobile Telecommunications e b l e e h Sourcing Act, is in New Mexico;
provided, however, that the n d d i = = o h l ] b ,d surcharge shall not be imposed upon subscribers receiving i a º e r i = r reduced rates pursuant to the Low Income Telephone Service t e w d m a n o Assistance Act;
and provided further that the surcharge shall dnot mapply :to prepaid wireless communication service;
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 8 - e a n e d r e l u [ A d SFC/SB 535 not apply to prepaid wireless communication service;
[All] A communications service [providers] provider shall [be required to] bill and collect the surcharge from [their] subscribers whose places of primary use, as defined in the federal Mobile Telecommunications Sourcing Act, are in New Mexico.
A billed subscriber is liable for payment of the 911 emergency surcharge until it has been paid to the communications service provider.
hSFC/SB 535 Page 8 D.
A communications service provider has no g o obligation to take legal action to enforce the collection of t hr g e i k the surcharge;
an action may be brought by or on behalf of the h r i s department.
A communications service provider, upon request h , t, and not more than once a year, shall provide to the department e u g e b l e e h a list of the surcharge amounts uncollected, along with the n d d i = = o h names and addresses of subscribers who carry a balance that can l ] b ,d i a º e be determined by the communications service provider to be r i = r t e w d m a n o nonpayment of the surcharge.
The communications service dprovider mshall :not be held liable for uncollected surcharge amounts." SECTION 6.
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 9 - e a n e d r e l u [ A d SFC/SB 535 provider shall not be held liable for uncollected surcharge amounts."»HAFC SECTION HAFCº 2.»HAFC HAFCº6.»HAFC Section 63-9F-11 NMSA 1978 (being Laws 1993, Chapter 54, Section 11, as amended) is amended to read:
A telecommunications relay service surcharge of [thirty-three ] one and sixty-six hundredths percent is imposed on the gross amount paid:
(3) by customers for intrastate mobile h telecommunications services that originate and terminate inSFC/SB the535 gPage o9 tin hrthe same state, regardless of where the mobile telecommunications g e i k services originate, terminate or pass through, provided by home h r i s service providers to customers whose place of primary use is in h , t, New Mexico;
and e u g e b l e e h (4) by a prepaid consumer in a retail n d d i = = o h transaction.
l ] b ,d i a º e B.
The telecommunications relay service surcharge rshall ibe =included ron tthe emonthly wbill dof meach customer of a nlocal oexchange shallcompany beor includedother ontelecommunications thecompany monthlyproviding billintrastate oftelecommunications eachservices, customerinterconnected voice over internet protocol services or intrastate mobile telecommunications services and paid at the time of apayment dof mthe :monthly bill.
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 10 - e a n e d r e l u [ A d SFC/SB 535 local exchange company or other telecommunications company providing intrastate telecommunications services, interconnected voice over internet protocol services or intrastate mobile telecommunications services and paid at the time of payment of the monthly bill.
(1) the surcharge shall be collected by the hSFC/SB u535 »Page r10 seller from the prepaid consumer with respect to each retail t h g e transaction occurring in this state.
The amount of the l i h r surcharge shall be either separately stated on an invoice, i s h , e h receipt or other similar document that is provided to the t u g e b l prepaid consumer by the seller or otherwise disclosed to the e e , gh n d d i prepaid consumer;
=(2) =for othe hpurposes lof ]Paragraph b(1) ,dof ithis subsection, a ºretail rtransaction (2)that foris theeffected purposesin ofperson Paragraphby (1)a prepaid consumer at a business location of the seller shall be treated as occurring in this estate rif =that tbusiness elocation wis din subsection,this astate, and any other retail transaction thatis treated as occurring in this state if the retail transaction is effectedtreated as occurring in personthis bystate mfor apurposes nof othe dGross mReceipts :and Compensating Tax Act;
b r e t º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 11 - e a n e d r e l u [ A d SFC/SB 535 a prepaid consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction is treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of the Gross Receipts and Compensating Tax Act;
(4) the amount of the surcharge that is collected by a seller from a prepaid consumer, if such amount hSFC/SB 535 Page 11 is separately stated on an invoice, receipt or other similar u » r document provided to the prepaid consumer by the seller, shall t h g e not be included in the base for measuring any tax, fee, l i h r i s surcharge or other charge that is imposed by this state, any h , e h political subdivision of this state or any intergovernmental t u g e b l agency;
e e , gh n d d i = = o h (5) when prepaid wireless communications l ] b ,d i a º r service is sold with one or more other products or services for e r = t e w d a single, non-itemized price, the percentage specified in mSubsection aA nof othis dsection mshall :apply to the entire non-itemized price unless the seller elects to apply such percentage to:
b r e t º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 12 - e a n e d r e l u [ A d SFC/SB 535 Subsection A of this section shall apply to the entire non- itemized price unless the seller elects to apply such percentage to:
(6) if a minimal amount of prepaid wireless communications service is sold with a prepaid wireless device for a single, non-itemized price, the seller may elect not to apply the percentage specified in Subsection A of this SFC/SB 535 Page 12 section to such transaction.
For the purposes of this paragraph, an h u » r amount of service denominated as ten minutes or less, or five t h g e dollars ($5.00) or less, is minimal;
l i h r (7) surcharges collected by sellers shall be i s h , e h remitted to the taxation and revenue department at the times t u g e b l and in the manner provided with respect to the Gross Receipts e e , gh n d d i and Compensating Tax Act.
The department shall establish = = o h l ] b ,d i a º r registration and payment procedures that substantially coincide e r = t e w d with the registration and payment procedures that apply to the mGross aReceipts nand oCompensating dTax mAct. :
b r e t º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 13 - e a n e d r e l u [ A d SFC/SB 535 Gross Receipts and Compensating Tax Act.
and (10) notwithstanding Paragraph (1) of this subsection, if a 911 surcharge is imposed on prepaid wireless SFC/SB 535 Page 13 communications service pursuant to the Enhanced 911 Act, the h taxation and revenue department shall promulgate rules to g o permit sellers to combine the surcharge imposed pursuant to t hr g e i k this section and the surcharge imposed pursuant to the Enhanced h r i s 911 Act into a single surcharge on the invoice, receipt or h , t, other similar document that is provided to the prepaid e u g e b l e e h consumer.
The department shall ensure that appropriate n d d i = = o h surcharge revenues are directed proportionately to the l ] b ,d i a º e respective 911 and telecommunications relay service funds.
r i = r t e w d D.
A telecommunications company providing mintrastate telecommunications services, a nhome oservice dprovider mproviding :intrastate mobile telecommunications services and a seller of interconnected voice over internet protocol services shall, on sales subject to the telecommunications relay service surcharge, assess and collect the surcharge and remit the surcharge collected monthly to the taxation and revenue department on or before the twenty-fifth day of the month following collection.
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 14 - e a n e d r e l u [ A d SFC/SB 535 intrastate telecommunications services, a home service provider providing intrastate mobile telecommunications services and a seller of interconnected voice over internet protocol services shall, on sales subject to the telecommunications relay service surcharge, assess and collect the surcharge and remit the surcharge collected monthly to the taxation and revenue department on or before the twenty-fifth day of the month following collection.
The taxation and revenue department shall transfer [to the telecommunications access fund the amount ] the following amounts of the net receipts of the telecommunications relay service surcharge collected, less any amount deducted in accordance with Subsection F of this section,SFC/SB [Transfer535 ofPage the14 netsection, receipts from the surcharge to the telecommunications access fund shall be made] within the month following the month h u » r in which the surcharge is collected:
t h g e (1) twenty percent to the telecommunications l i h r access fund;
and i s h , e h (2) eighty percent to the 988 lifeline fund.
t u g e b l F.
The taxation and revenue department may deduct e e , gh n d d i an amount not to exceed three percent of the telecommunications = = o h l ] b ,d i a º r relay service surcharge collected as a charge for the e r = t e w d administrative costs of collection and shall remit that amount mto athe nstate otreasurer dfor mdeposit :in the general fund each month.
b r e t º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 15 - e a n e d r e l u [ A d SFC/SB 535 to the state treasurer for deposit in the general fund each month.
(2) the amount and category of expenditures from the [fund ] funds;
and (3) the balance of the [fund ] funds on that June 30." SECTION HAFCº7. 3.»HAFC HAFCº7.»HAFC Section 63-9F-12 NMSA (being Laws 1993, Chapter 54, Section 12, as amended) is amended to read:
hSection "63-9F-12.63-9F-12 NMSA 1978 (being Laws 1993, Chapter 54, Section 12, as amended) is amended to read:
TELECOMMUNICATIONS"63-9F-12. ACCESS FUND--ESTABLISHED.-- g o There is created in the state treasury the "telecommunications t hr g e i k access fund".
MoneyTELECOMMUNICATIONS appropriatedACCESS toFUND-- theSFC/SB fund535 orPage accruing15 toESTABLISHED.--There itis hcreated rin i s through gifts, grants, fees, surcharges, penalties or bequests h , t, shall be delivered to the state treasurertreasury for deposit in the e"telecommunications uaccess gfund". e b l e e h fund.
TheMoney appropriated to the fund shallor beaccruing investedto asit otherthrough stategifts, fundsgrants, arefees, nsurcharges, dpenalties dor ibequests =shall =be odelivered hto invested.the state treasurer for deposit in the fund.
DisbursementsThe from the fund shall be madeinvested uponas lother ]state bfunds ,dare iinvested. a º e warrants drawn by the secretary of finance and administration r i = r t e w d m a n o pursuant to vouchers signed by the executive director of the d m :
bDisbursements efrom dthe sfund ºshall obe tmade nupon =warrants .231747.2AICdrawn Marchby 22,the 2025secretary (4:12pm)of sfinance kand madministration epursuant -to 16vouchers -signed eby athe nexecutive edirector dof rthe e l u [ A d SFC/SB 535 commission.
The state budget division may approve the expenditure of [not more than ten] up to one hundred percent of the amount deposited in the telecommunications access fund during any fiscal year for expenses incurred by the commission in administering that act.
In addition, money in the fund is subject to appropriation by the legislature to the commission for the performance of its duties pursuant to Chapter 28, SFC/SB 535 Page 16 Article 11B NMSA 1978 and to the h signed language interpreting practices fund for the purpose of g o defraying salary and other necessary expenses incurred by the t hr g e signed language interpreting practices board.
Any unexpended i k h r i s or unencumbered balance remaining in the fund at the end of any h , t, fiscal year shall not revert." e u g e b l SECTION HAFCº8. 4.»HAFC HAFCº8.»HAFC [NEW MATERIAL] 988 e e h n d d i LIFELINE FUND.--The "988 lifeline fund" is created as a = = o h l ] b ,d i a º e nonreverting fund in the state treasury.
The988 fundLIFELINE consistsFUND.--The of"988 rlifeline ifund" =is rcreated tas e w d distributions, appropriations, gifts, grants, donations and m a nnonreverting ofund din mthe :state treasury.
bThe efund dconsists sof ºdistributions, oappropriations, tgifts, ngrants, =donations .231747.2AICand March 22, 2025 (4:12pm) s k m e - 17 - e a n e d r e l u [ A d SFC/SB 535 income from investment of the fund.
Hfl1º SECTION 9.
[NEW MATERIAL] SHORT TITLE.--Sections 9 through 22 of this act may be cited as the "Supported Decision-Decision-Making Making Act".
[NEW MATERIAL] DEFINITIONS.--As used in the Supported Decision-Making Act:
hSFC/SB 535 Page 17 B.
"decision-maker" means an adult who seeks to g o t hr enter, or has entered, into a supported decision-making g e i k agreement with one or more supporters pursuant to the Supported h r i s Decision-Making Act;
h , t, e u g C.
"decision-making support" means assistance in e b l e e h understanding the options, responsibilities and consequences of n d d i = = o h a decision-maker's life decisions without making those l ] b ,d i a º e r i = r decisions on behalf of the decision-maker;
t e w d m a n o D.
"supported decision-making agreement" means an dagreement mentered :into between a decision-maker and a supporter pursuant to the provisions of the Supported Decision-Making Act;
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 18 - e a n e d r e l u [ A d SFC/SB 535 agreement entered into between a decision-maker and a supporter pursuant to the provisions of the Supported Decision-Making Act;
[NEW MATERIAL] SUPPORTED DECISION-MAKING AGREEMENTS--SCOPEAGREEMENTS-- SCOPE OF AGREEMENTS.--A decision-maker may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more supporters under which the decision-maker authorizes the supporter to do any or all of the following:
assist the decision-maker in accessing, collecting and obtaining information that is relevant to a given life decision, including medical, psychological, hSFC/SB 535 Page 18 financial, educational or treatment records, from any person;
g o C.
assist the decision-maker in understanding the t hr g e i k information described in Subsection B of this section;
and h r i s D.
assist the decision-maker in communicating the h , t, decision-maker's decisions to appropriate persons.
e u g e b l e e h SECTION 12.
[NEW MATERIAL] SUPPORTED DECISION-MAKING n d d i = = o h AGREEMENT REQUIREMENTS.-- l ] b ,d i a º e A.
A supported decision-making agreement shall be r i = r t e w d m a n o in a form promulgated by the supreme court that shall:
d(1) mbe :in writing;
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 19 - e a n e d r e l u [ A d SFC/SB 535 (1) be in writing;
(6) list the types of decisions, if any, with which the supporter is not authorized to assist the decision-decision-maker; maker;
and (c) acknowledgment of the duties of aSFC/SB h535 gPage 19 a supporter.
o t hr B.
Each party to a supported decision-making g e i k agreement shall sign the agreement in the presence of at least h r i s h two adult witnesses whose signatures shall be acknowledged by a , t, e u g notary public.
e b l e e h SECTION 13.
[NEW MATERIAL] PRESUMPTION OF CAPACITY.-- n d d i = = o h l ] b ,d A.
All decision-makers are presumed to have i a º e r i = r capacity until such time as the decision-maker's primary care tpractitioner eand wone dother mqualified ahealth nprofessional owith practitionertraining and oneexperience otherin qualifiedthe healthassessment professionalof withfunctional dimpairment, mor :a court, determine that the decision-maker is unable to make the decision-maker's own decisions.
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 20 - e a n e d r e l u [ A d SFC/SB 535 training and experience in the assessment of functional impairment, or a court, determine that the decision-maker is unable to make the decision-maker's own decisions.
The manner in which a decision-maker communicates with others is not grounds for determining that the decision-maker is incapable of managing the decision-decision-maker's maker's own affairs.
hSFC/SB 535 Page 20 SECTION 14.
[NEW MATERIAL] SUPPORTER DUTIES AND gAUTHORITY-- oSUPPORTER AUTHORITY--SUPPORTER PROHIBITIONS.-- t hr g e i k A.
h r i s (1) act in good faith;
h , t, (2) act with the care, competence and e u g e b l e e h diligence ordinarily exercised by a reasonable person in n d d i = = o h similar circumstances;
l ] b ,d i a º e (3) act only within the scope of authority r i = r t e w d m a n o granted in the supported decision-making agreement;
d(4) mnot :engage in self-dealing;
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 21 - e a n e d r e l u [ A d SFC/SB 535 (4) not engage in self-dealing;
hSFC/SB g535 Page 21 (3) binding the decision-maker to a legal o t hr agreement;
g e i k (4) obtaining, without the consent of the h r i s h decision-maker, information that is not reasonably related to , t, e u g matters with which the supporter is authorized to assist e b l e e h pursuant to the supported decision-making agreement;
and n d d i = = o h l ] b ,d (5) using, without the consent of the i a º e r i = r decision-maker, information acquired for a purpose other than t e w d m a n o assisting the decision-maker to make a decision under the dsupported mdecision-making :agreement.
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 22 - e a n e d r e l u [ A d SFC/SB 535 supported decision-making agreement.
[NEW MATERIAL] SUPPORTER DISQUALIFICATIONS.--DISQUALIFICATIONS.--The The following persons are disqualified from acting as a supporter:
[NEW MATERIAL] ACCESS TO PERSONAL INFORMATION.--If a supporter assists a decision-maker in accessing, collecting or obtaining personal information, including financial information, protected health information h under the federal Health Insurance Portability and g o Accountability Act of 1996 SFC/SB 535 Page 22 or educational records under the t hr g e i k federal Family Educational Rights and Privacy Act of 1974, the h r i s supporter shall ensure that the information is kept privileged h , t, and confidential, as applicable, and is not subject to e u g e b l e e h unauthorized access, use or disclosure.
n d d i = = o h SECTION 17.
[NEW MATERIAL] DECISION-MAKER ACCESS TO l ] b ,d i a º e PERSONAL INFORMATION.--The existence of a supported rdecision-making iagreement =does rnot tpreclude e w d m a ndecision-maker ofrom decision-makingseeking agreementpersonal doesinformation notwithout precludethe aassistance decision-makerof dthe msupporter. :
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 23 - e a n e d r e l u [ A d SFC/SB 535 from seeking personal information without the assistance of the supporter.
[NEW MATERIAL] THIRD PARTY RELIANCE ON SUPPORTED DECISION-MAKING AGREEMENT.--A person who receives an original or a copy of a supported decision-making agreement shall rely on the agreement, unless the person suspects abuse, neglect or exploitation and makes a report pursuant to Section 21 of this 2025 act.
[NEW MATERIAL] RECOGNITION OF DECISIONS MADE WITH ASSISTANCE OF SUPPORTER.--A decision or request made or communicated with the assistance of a supporter in conformity with the Supported Decision-Making Act shall be recognized for the purposes of any provision of law as the decision or request of the decision-maker.
[NEW MATERIAL] TERM OF SUPPORTED DECISION-DECISION-MAKING MAKING AGREEMENT--TERMINATION OR REVOCATION OF AGREEMENT.-- h A.
Except as provided by Subsection B of this u » r t h section, the supported decision-making agreement extends untilSFC/SB g535 ePage l23 iuntil terminated by either party or by the terms of the agreement.
h r i s B.
The supported decision-making agreement is h , e h t u g terminated as to a particular supporter if:
e b l e e , gh (1) the adult protective services division of n d d i = = o h the aging and long-term services department finds that the l ] b ,d i a º r e r = decision-maker has been abused, neglected or exploited by the t e w d m a n o supporter;
d(2) mthe :supporter is the subject of a civil or criminal order prohibiting contact with the decision-maker;
b r e t º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 24 - e a n e d r e l u [ A d SFC/SB 535 (2) the supporter is the subject of a civil or criminal order prohibiting contact with the decision-maker;
[NEW MATERIAL] REPORTING OF SUSPECTED ABUSE, NEGLECT OR EXPLOITATION.--If a person who receives a copy of a supported decision-making agreement or is aware of the h existence of a SFC/SB 535 Page 24 supported decision-making agreement has cause to g o believe that the decision-maker is being abused, neglected or t hr g e i k exploited by the supporter, the person shall report the alleged h r i s abuse, neglect or exploitation to the aging and long-term h , t, services department's adult protective services division's e u g e b l e e h statewide intake hotline.
n d d i = = o h SECTION 22.
[NEW MATERIAL] SUPPORTED DECISION-MAKING lPROGRAM-- ]CREATED--PROGRAM b ,d i a º e PROGRAM--CREATED--PROGRAM DUTIES.-- r i = r t e w d m a n o A.
The "supported decision-making program" is dcreated mwithin :the office of guardianship in the developmental disabilities council.
b e d s º o t n = .231747.2AIC March 22, 2025 (4:12pm) s k m e - 25 - e a n e d r e l u [ A d SFC/SB 535 created within the office of guardianship in the developmental disabilities council.
and (5) provide resources to any individual who is seeking information on reporting suspected abuse, neglect or exploitation of the decision-maker.»Hfl1decision-maker. h SECTION Hfl1º HAFCº5.»HAFC HAFCº9.»HAFC»Hfl1 u » r t h Hfl1º 23.»Hfl1 EFFECTIVE DATE.--The effective date of the g e l i provisions of this act is July 1, 2025.
hSFC/SB r535 iPage s25 -SECTION 2623. - 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 :
bEFFECTIVE rDATE.--The eeffective tdate ºof othe tprovisions nof =this .231747.2AICact Marchis 22,July 20251, (4:12pm)2025. s k m e e a n e d r e l u [ A d
SFC/SB 535 Page 26 4 6 8 25
Show all 184 changed rows (144 more)
View plain text versions (4)
- Final Version View text Current pdf
- Amended Amendments in Context pdf
- Substitute FC substitute html
- Introduced introduced version pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill increases various fees including those for workers' compensation and the 911 emergency surcharge, and establishes new regulations for supported decision-making.
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Section 52-5-19 NMSA 1978
two dollars thirty cents ($2.30)→ two dollars fifty-five cents ($2.55)Increases the employer fee from $2.30 to $2.55 starting July 1, 2025.
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Section 52-5-19 NMSA 1978
two dollars ($2.00)→ two dollars twenty-five cents ($2.25)Increases the employee fee from $2.00 to $2.25 starting July 1, 2025.
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Section 62-8-8 NMSA 1978
five hundred ninety thousandths percent→ an amount established by the commissionAllows the commission to adjust the inspection and supervision fee for utilities annually.
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Section 63-9D-5 NMSA 1978
one dollar ($1.00)→ an amount to be determined by the new legislationChanges the 911 emergency surcharge to a new amount, which is to be specified in the bill.
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Section 63-7-20 NMSA 1978
five hundred ninety thousandths percent→ an amount determined by the commissionAllows the commission to adjust the fee for utilities based on the annual increase in the employment cost index.
Action History
-
Signed
-
floor substitute adopted (1 amendment)
-
passed House
-
Senate concurred in House amendments
-
DO PASS, as amended, committee report adopted
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Sent to House Appropriations & Finance Committee
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passed Senate
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DO NOT PASS, replaced with committee substitute
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not printed Senate Finance Committee
Sponsors
- George K. Muñoz · Primary
- Antoinette Sedillo Lopez · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on · 35 voted No
Sponsors (2)
- George K. Muñoz Democrat
- Antoinette Sedillo Lopez Democrat
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 36 | 0 | 0 | 4 |
| Unaffiliated | 3 | 2 | 0 | 1 |
| Republican | 1 | 21 | 0 | 2 |
| Total | 40 | 23 | 0 | 7 |
| % of votes cast | 57% | 33% | 0% | 10% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Romero, GA | — | Yea |
| De La Cruz | — | Yea |
| Hernandez J.N. | — | Nay |
| Hernandez, J.F. | — | Yea |
| Roybal Caballero | — | Not Voting |
| Sena Cortez | — | Nay |
| Andrea Romero | Democrat | Yea |
| Angelica Rubio | Democrat | Yea |
| Anita Gonzales | Democrat | Yea |
| Charlotte Little | Democrat | Yea |
| Christine Chandler | Democrat | Yea |
| Cristina Parajón | Democrat | Yea |
| Cynthia Borrego | Democrat | Yea |
| D. Wonda Johnson | Democrat | Yea |
| Dayan Hochman-Vigil | Democrat | Yea |
| Debra M. Sariñana | Democrat | Not Voting |
| Derrick J. Lente | Democrat | Yea |
| Doreen Y. Gallegos | Democrat | Yea |
| E. Diane Torres-Velásquez | Democrat | Yea |
| Eleanor Chávez | Democrat | Yea |
| Elizabeth "Liz" Thomson | Democrat | Yea |
| Janelle Anyanonu | Democrat | Yea |
| Javier Martínez | Democrat | Yea |
| Joanne J. Ferrary | Democrat | Yea |
| Joseph Sanchez | Democrat | Yea |
| Joy Garratt | Democrat | Yea |
| Kathleen Cates | Democrat | Yea |
| Kristina Ortez | Democrat | Yea |
| Linda Serrato | Democrat | Yea |
| Marian Matthews | Democrat | Yea |
| Marianna Anaya | Democrat | Yea |
| Martha Garcia | Democrat | Yea |
| Matthew McQueen | Democrat | Not Voting |
| Meredith A. Dixon | Democrat | Yea |
| Micaela Lara Cadena | Democrat | Not Voting |
| Michelle Paulene Abeyta | Democrat | Yea |
| Miguel P. García | Democrat | Yea |
| Nathan P. Small | Democrat | Yea |
| Pamelya Herndon | Democrat | Yea |
| Patricia A. Lundstrom | Democrat | Not Voting |
| Raymundo Lara | Democrat | Yea |
| Reena Szczepanski | Democrat | Yea |
| Sarah Silva | Democrat | Yea |
| Susan K. Herrera | Democrat | Yea |
| Tara L. Lujan | Democrat | Yea |
| Yanira Gurrola | Democrat | Yea |
| Alan T. Martinez | Republican | Nay |
| Andrea Reeb | Republican | Nay |
| Angelita Mejia | Republican | Nay |
| Brian G. Baca | Republican | Nay |
| Catherine J. Cullen | Republican | Nay |
| Cathrynn N. Brown | Republican | Nay |
| Gail Armstrong | Republican | Nay |
| Harlan Vincent | Republican | Nay |
| Jack Chatfield | Republican | Nay |
| Jenifer Jones | Republican | Nay |
| Jimmy G. Mason | Republican | Nay |
| John Block | Republican | Nay |
| Jonathan A. Henry | Republican | Nay |
| Luis M. Terrazas | Republican | Nay |
| Mark B. Murphy | Republican | Not Voting |
| Mark Duncan | Republican | Nay |
| Martin R. Zamora | Republican | Yea |
| Nicole Chavez | Republican | Nay |
| Randall T. Pettigrew | Republican | Nay |
| Rebecca Dow | Republican | Nay |
| Rod Montoya | Republican | Nay |
| Stefani Lord | Republican | Nay |
| Tanya Mirabal Moya | Republican | Nay |
| William A. Hall II | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 23 | 0 | 0 | 2 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Republican | 0 | 12 | 0 | 3 |
| Total | 24 | 13 | 0 | 5 |
| % of votes cast | 57% | 31% | 0% | 12% |
How each member voted (42)
| Member | Party | Vote |
|---|---|---|
| SEDILLO-LOPEZ | — | Yea |
| PAUL | — | Nay |
| Angel M. Charley | Democrat | Yea |
| Antoinette Sedillo Lopez | Democrat | Yea |
| Antonio Maestas | Democrat | Yea |
| Benny Shendo, Jr. | Democrat | Yea |
| Carrie Hamblen | Democrat | Not Voting |
| Cindy Nava | Democrat | Yea |
| Elizabeth "Liz" Stefanics | Democrat | Yea |
| George K. Muñoz | Democrat | Yea |
| Harold Pope | Democrat | Yea |
| Heather Berghmans | Democrat | Yea |
| Jeff Steinborn | Democrat | Yea |
| Joseph Cervantes | Democrat | Yea |
| Katy Duhigg | Democrat | Yea |
| Leo Jaramillo | Democrat | Yea |
| Linda M. Trujillo | Democrat | Yea |
| Martin Hickey | Democrat | Yea |
| Micaelita Debbie O'Malley | Democrat | Yea |
| Michael Padilla | Democrat | Yea |
| Mimi Stewart | Democrat | Yea |
| Natalie Figueroa | Democrat | Yea |
| Pete Campos | Democrat | Not Voting |
| Peter Wirth | Democrat | Yea |
| Roberto "Bobby" J. Gonzales | Democrat | Yea |
| Shannon D. Pinto | Democrat | Yea |
| William P. Soules | Democrat | Yea |
| Anthony L. Thornton | Republican | Nay |
| Candy Spence Ezzell | Republican | Nay |
| Craig W. Brandt | Republican | Not Voting |
| Crystal Brantley | Republican | Not Voting |
| David M. Gallegos | Republican | Nay |
| Gabriel Ramos | Republican | Nay |
| James G. Townsend | Republican | Nay |
| Jay C. Block | Republican | Nay |
| Joshua A. Sanchez | Republican | Nay |
| Larry R. Scott | Republican | Nay |
| Nicole Tobiassen | Republican | Nay |
| Pat Boone | Republican | Not Voting |
| Pat Woods | Republican | Nay |
| Steve D. Lanier | Republican | Nay |
| William E. Sharer | Republican | Nay |
Subjects
Frequently asked questions
- Who sponsors SB 535?
- SB 535 is sponsored by George K. Muñoz (Democrat) and Antoinette Sedillo Lopez (Democrat).
- What is the current status of SB 535?
- This bill has been enacted into law. Introduced February 20, 2025. Enacted.
- Where can I track SB 535?
- Track SB 535 free on One Click Politics — get push/email alerts when it moves.
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