New Mexico 2025 Regular Session

New Mexico Senate Bill SB535 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~SFC/SB 535~~
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	28	+	SENATE BILL 535
	29	+	57
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2025
	46	+	INTRODUCED BY
	47	+	George K. Muñoz
28	48		AN ACT
29		-	RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
30		-	INCREASING FEES TO FUND THE WORKERS' COMPENSATION
31		-	ADMINISTRATION; INCREASING CERTAIN FEES; PROVIDING FOR THE
32		-	ENFORCEMENT OF FEES BY THE PUBLIC REGULATION COMMISSION;
33		-	INCREASING THE 911 EMERGENCY SURCHARGE; INCREASING THE
34		-	TELECOMMUNICATIONS RELAY SERVICE SURCHARGE AND TRANSFERRING
35		-	THE MONEY FROM THE INCREASE TO A NEW 988 LIFELINE FUND;
36		-	ALLOWING THE STATE BUDGET DIVISION OF THE DEPARTMENT OF
37		-	FINANCE AND ADMINISTRATION TO APPROVE THE EXPENDITURE
38		-	OF UP TO ONE HUNDRED PERCENT OF THE TELECOMMUNICATIONS
39		-	ACCESS FUND FOR EXPENSES INCURRED BY THE COMMISSION FOR
40		-	DEAF AND HARD-OF-HEARING PERSONS IN ADMINISTERING THE
41		-	TELECOMMUNICATIONS ACCESS ACT; ENACTING THE SUPPORTED
42		-	DECISION-MAKING ACT; PROVIDING REQUIREMENTS FOR SUPPORTED
43		-	DECISION-MAKING AGREEMENTS; PROVIDING DUTIES FOR SUPPORTERS;
44		-	CREATING REPORTING REQUIREMENTS; CREATING A SUPPORTED
45		-	DECISION-MAKING PROGRAM IN THE OFFICE OF GUARDIANSHIP WITHIN
46		-	THE DEVELOPMENTAL DISABILITIES COUNCIL; MAKING AN
47		-	APPROPRIATION.
	49	+	RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE.
48	50		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
49		-	SECTION 1. Section 52-5-19 NMSA 1978 (being Laws 1987,
50		-	Chapter 235, Section 52, as amended) is amended to read:
51		-	"52-5-19. FEE FOR FUNDING ADMINISTRATION– SFC/SB 535
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78		-	WORKERS' COMPENSATION ADMINISTRATION FUND CREATED.--
79		-	A. Beginning with the calendar quarter ending
80		-	September 30, 2004 and for each calendar quarter thereafter,
81		-	there is assessed against each employer who is required or
82		-	elects to be covered by the Workers' Compensation Act a fee
83		-	equal to the following amounts, multiplied by the number
84		-	of employees covered by the Workers' Compensation Act that
85		-	the employer has on the last working day of each quarter:
86		-	(1) prior to July 1, 2025, two dollars
87		-	thirty cents ($2.30);
88		-	(2) beginning July 1, 2025 and prior to
89		-	July 1, 2028, two dollars fifty-five cents ($2.55);
90		-	(3) beginning July 1, 2028 and prior to
91		-	July 1, 2033, two dollars sixty-eight cents ($2.68); and
92		-	(4) beginning July 1, 2033, two dollars
93		-	eighty cents ($2.80).
94		-	B. At the same time the fee pursuant to Subsection
95		-	A of this section is assessed, there is assessed against each
96		-	employee covered by the Workers' Compensation Act on the last
97		-	working day of each quarter a fee in the following amounts,
98		-	which shall be deducted from the wages of the employee by the
99		-	employer and remitted along with the fee assessed on the
100		-	employer:
101		-	(1) prior to July 1, 2025, two dollars
102		-	($2.00); SFC/SB 535
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129		-	(2) beginning July 1, 2025 and prior to
130		-	July 1, 2028, two dollars twenty-five cents ($2.25);
131		-	(3) beginning July 1, 2028 and prior to
132		-	July 1, 2033, two dollars thirty-eight cents ($2.38); and
133		-	(4) beginning July 1, 2033, two dollars
134		-	fifty cents ($2.50).
135		-	C. The fees shall be remitted by the last day
136		-	of the month following the end of the quarter for which they
137		-	are due.
138		-	D. The taxation and revenue department may
139		-	deduct from the gross fees collected an amount not to exceed
140		-	five percent of the gross fees collected to reimburse the
141		-	department for costs of administration.
142		-	E. The taxation and revenue department shall pay
143		-	over the net fees collected to the state treasurer to be
144		-	deposited by the treasurer in a fund hereby created and to
145		-	be known as the "workers' compensation administration fund".
146		-	Expenditures shall be made from this fund on vouchers signed
147		-	by the director for the necessary expenses of the workers'
148		-	compensation administration; provided that an amount equal
149		-	to thirty cents ($.30) per employee of the fee assessed
150		-	against an employer shall be distributed from the workers'
151		-	compensation administration fund to the uninsured employers'
152		-	fund.
153		-	F. The workers' compensation fee authorized in SFC/SB 535
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180		-	this section shall be administered and enforced by the
181		-	taxation and revenue department under the provisions of the
182		-	Tax Administration Act."
183		-	SECTION 2. Section 62-8-8 NMSA 1978 (being Laws 1967,
184		-	Chapter 96, Section 6, as amended) is amended to read:
185		-	"62-8-8. INSPECTION AND SUPERVISION FEE.--
186		-	A. Each utility doing business in this state and
187		-	subject to the control and jurisdiction of the commission
188		-	with respect to its rates or service regulations shall pay
189		-	annually to the state a fee for the inspection and
190		-	supervision of such business in an amount equal to five
191		-	hundred ninety thousandths percent of its gross receipts from
192		-	business transacted in New Mexico for the preceding calendar
193		-	year. That sum shall be payable on the last day of July in
194		-	each year. An inspection and supervision fee shall be paid
195		-	by utilities in addition to all property, franchise, license,
196		-	intangible and other taxes, fees and charges provided by law.
197		-	No similar inspection and supervision fee shall be measured
198		-	by the amount of the gross receipts of such utility for the
199		-	calendar year next preceding the date fixed in this section
200		-	for the payment of the fee. In the case of utilities engaged
201		-	in interstate business, the inspection and supervision fee
202		-	shall be measured by the gross receipts of those utilities
203		-	from intrastate business only for that preceding calendar
204		-	year and not in any respect upon receipts derived wholly SFC/SB 535
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231		-	or in part from interstate business. No inspection and
232		-	supervision fee shall be charged on the gross receipts from
233		-	the sale of gas, water or electricity to a utility regulated
234		-	by the commission for resale to the public.
235		-	B. Prior to July 1, 2031, the fees established
236		-	pursuant to this section may be adjusted annually by the
237		-	commission; provided that any increase shall not be greater
238		-	than the prior year's increase in the employment cost index
239		-	for state and local government as published by the federal
240		-	bureau of labor statistics."
241		-	SECTION 3. Section 62-13-2 NMSA 1978 (being Laws 1957,
242		-	Chapter 25, Section 2, as amended) is amended to read:
243		-	"62-13-2. FEES.--The commission shall collect fees for
244		-	the following, which shall be remitted to the state treasurer
245		-	not later than the day following receipt; provided that the
246		-	commission may increase by administrative rule the fees set
247		-	forth in this section in amounts that do not exceed the cost
248		-	of administrative proceedings before the commission:
249		-	A. for filing any rate schedule, service
250		-	rule or regulation or sample form, or amendment thereto,
251		-	one dollar ($1.00);
252		-	B. for filing each application, petition or
253		-	complaint, twenty-five dollars ($25.00);
254		-	C. for copies of papers, testimony and records,
255		-	the reasonable cost of such copies as the commission may SFC/SB 535
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282		-	provide from time to time by rule; and
283		-	D. for certifying any copy of any paper, testimony
284		-	or record, two dollars ($2.00)."
285		-	SECTION 4. Section 63-7-20 NMSA 1978 (being Laws 1951,
286		-	Chapter 194, Section 1, as amended) is amended to read:
287		-	"63-7-20. UTILITY INSPECTION--FEE.--
288		-	A. Each utility doing business in this state that
289		-	is subject to the control and jurisdiction of the commission
290		-	by virtue of the provisions of Article 11 of the constitution
291		-	of New Mexico with respect to its rates and service shall pay
292		-	annually to the commission a fee in performance of its duties
293		-	as now provided by law. The fee for utilities shall not
294		-	exceed five hundred ninety thousandths percent of its gross
295		-	receipts from business transacted in New Mexico for the
296		-	preceding calendar year. This sum shall be payable annually
297		-	on July 31 in each year. No similar fee shall be imposed
298		-	upon the utility. In the case of utilities engaged in
299		-	interstate business, the fees shall be measured by the gross
300		-	receipts of the utilities from intrastate business only for
301		-	the preceding calendar year and not in any respect upon
302		-	receipts derived wholly or in part from interstate business.
303		-	Prior to July 1, 2031, the fees established pursuant to this
304		-	section may be adjusted annually by the commission; provided
305		-	that any increase shall not be greater than the prior year's
306		-	increase in the employment cost index for state and local SFC/SB 535
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333		-	government, as published by the federal bureau of labor
334		-	statistics. As used in this section, "utility" includes
335		-	telephone companies and transmission companies but does not
336		-	include public utilities subject to the Public Utility Act.
337		-	B. When a fee is not paid on the date it is due,
338		-	interest shall be paid to the state on the amount due. The
339		-	interest on the amount due shall start to accrue on the day
340		-	following the due date and shall continue to accrue until the
341		-	total amount due is paid. The rate of interest on a late fee
342		-	payment shall be fifteen percent per year, computed at the
343		-	rate of one and one-fourth percent per month.
344		-	C. In addition to any interest due on a late fee
345		-	payment, a penalty shall be paid to the state for failure
346		-	to pay the fee when it is due. The penalty imposed shall be
347		-	two percent of the amount of the fee due.
348		-	D. The commission shall bring suit to collect
349		-	fees, interest and penalties that remain unpaid."
350		-	SECTION 5. Section 63-9D-5 NMSA 1978 (being Laws 1989,
351		-	Chapter 25, Section 5, as amended) is amended to read:
352		-	"63-9D-5. IMPOSITION OF SURCHARGE.--
353		-	A. A 911 emergency surcharge is imposed in the
354		-	amount of one dollar ($1.00) to be billed to each subscriber
355		-	access line by a communications service provider, on each
356		-	active number for a commercial mobile radio service
357		-	subscriber and on the number of VoIP lines for which the VoIP SFC/SB 535
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384		-	service provider enables the capacity for simultaneous calls,
385		-	regardless of actual usage, to be connected to the public
386		-	switched telephone network during the period for which the
387		-	fixed charge is imposed. The surcharge is imposed on all
388		-	subscribers whose place of primary use, as defined in the
389		-	federal Mobile Telecommunications Sourcing Act, is in
390		-	New Mexico; provided, however, that the surcharge shall not
391		-	be imposed upon subscribers receiving reduced rates pursuant
392		-	to the Low Income Telephone Service Assistance Act; and
393		-	provided further that the surcharge shall not apply to
394		-	prepaid wireless communication service; and provided further
395		-	that a 911 emergency surcharge shall not be assessed on
396		-	the provision of broadband internet access service.
397		-	B. A communications service provider shall bill
398		-	and collect the surcharge from subscribers whose places of
399		-	primary use, as defined in the federal Mobile
400		-	Telecommunications Sourcing Act, are in New Mexico. The
401		-	surcharge required to be collected by the communications
402		-	service provider shall be added to and stated clearly and
403		-	separately in the billings to the subscriber. The surcharge
404		-	collected by the communications service provider shall not
405		-	be considered revenue of the communications service provider.
406		-	C. A billed subscriber is liable for payment of
407		-	the 911 emergency surcharge until it has been paid to the
408		-	communications service provider. SFC/SB 535
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435		-	D. A communications service provider has no
436		-	obligation to take legal action to enforce the collection
437		-	of the surcharge; an action may be brought by or on behalf
438		-	of the department. A communications service provider, upon
439		-	request and not more than once a year, shall provide to the
440		-	department a list of the surcharge amounts uncollected, along
441		-	with the names and addresses of subscribers who carry a
442		-	balance that can be determined by the communications service
443		-	provider to be nonpayment of the surcharge. The
444		-	communications service provider shall not be held liable for
445		-	uncollected surcharge amounts."
446		-	SECTION 6. Section 63-9F-11 NMSA 1978 (being Laws 1993,
447		-	Chapter 54, Section 11, as amended) is amended to read:
448		-	"63-9F-11. IMPOSITION OF SURCHARGE.--
449		-	A. A telecommunications relay service surcharge
450		-	of one and sixty-six hundredths percent is imposed on the
451		-	gross amount paid:
452		-	(1) by customers, except customers whose
453		-	telephone service rates are reduced as authorized by the
454		-	Low Income Telephone Service Assistance Act, for intrastate
455		-	telecommunications services provided in this state;
456		-	(2) by customers for the intrastate portion
457		-	of interconnected voice over internet protocol service;
458		-	(3) by customers for intrastate mobile
459		-	telecommunications services that originate and terminate SFC/SB 535
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486		-	in the same state, regardless of where the mobile
487		-	telecommunications services originate, terminate or pass
488		-	through, provided by home service providers to customers
489		-	whose place of primary use is in New Mexico; and
490		-	(4) by a prepaid consumer in a retail
491		-	transaction.
492		-	B. The telecommunications relay service surcharge
493		-	shall be included on the monthly bill of each customer
494		-	of a local exchange company or other telecommunications
495		-	company providing intrastate telecommunications services,
496		-	interconnected voice over internet protocol services or
497		-	intrastate mobile telecommunications services and paid at the
498		-	time of payment of the monthly bill. Receipts from selling
499		-	those services to any other telecommunications company or
500		-	provider for resale are not subject to the surcharge. The
501		-	customer is liable for the payment of the surcharge to the
502		-	provider of intrastate mobile telecommunications services,
503		-	the provider of interconnected voice over internet protocol
504		-	services or the local exchange company or other
505		-	telecommunications company providing intrastate
506		-	telecommunications services to the customer.
507		-	C. For the purposes of the surcharge imposed on a
508		-	retail transaction pursuant to Paragraph (4) of Subsection A
509		-	of this section:
510		-	(1) the surcharge shall be collected by the SFC/SB 535
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537		-	seller from the prepaid consumer with respect to each retail
538		-	transaction occurring in this state. The amount of the
539		-	surcharge shall be either separately stated on an invoice,
540		-	receipt or other similar document that is provided to the
541		-	prepaid consumer by the seller or otherwise disclosed to the
542		-	prepaid consumer;
543		-	(2) for the purposes of Paragraph (1) of
544		-	this subsection, a retail transaction that is effected in
545		-	person by a prepaid consumer at a business location of the
546		-	seller shall be treated as occurring in this state if that
547		-	business location is in this state, and any other retail
548		-	transaction is treated as occurring in this state if the
549		-	retail transaction is treated as occurring in this state
550		-	for purposes of the Gross Receipts and Compensating Tax Act;
551		-	(3) the surcharge is the liability of
552		-	the prepaid consumer and not of the seller or any provider,
553		-	except that the seller shall be liable to remit all
554		-	surcharges collected from the prepaid consumer as provided
555		-	in this subsection, including all such surcharges that the
556		-	seller is deemed to collect where the amount of the surcharge
557		-	has not been separately stated on an invoice, receipt or
558		-	other similar document provided to the prepaid consumer by
559		-	the seller;
560		-	(4) the amount of the surcharge that is
561		-	collected by a seller from a prepaid consumer, if such amount SFC/SB 535
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588		-	is separately stated on an invoice, receipt or other similar
589		-	document provided to the prepaid consumer by the seller,
590		-	shall not be included in the base for measuring any tax, fee,
591		-	surcharge or other charge that is imposed by this state, any
592		-	political subdivision of this state or any intergovernmental
593		-	agency;
594		-	(5) when prepaid wireless communications
595		-	service is sold with one or more other products or services
596		-	for a single, non-itemized price, the percentage specified
597		-	in Subsection A of this section shall apply to the entire
598		-	non-itemized price unless the seller elects to apply such
599		-	percentage to:
600		-	(a) if the amount of the prepaid
601		-	wireless communications service is disclosed to the prepaid
602		-	consumer as a dollar amount, such dollar amount; or
603		-	(b) if the seller can identify the
604		-	portion of the price that is attributable to the prepaid
605		-	wireless communications service by reasonable and verifiable
606		-	standards from its books and records that are kept in the
607		-	regular course of business for other purposes, including
608		-	non-tax purposes, such portion;
609		-	(6) if a minimal amount of prepaid wireless
610		-	communications service is sold with a prepaid wireless device
611		-	for a single, non-itemized price, the seller may elect not
612		-	to apply the percentage specified in Subsection A of this SFC/SB 535
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639		-	section to such transaction. For the purposes of this
640		-	paragraph, an amount of service denominated as ten minutes
641		-	or less, or five dollars ($5.00) or less, is minimal;
642		-	(7) surcharges collected by sellers shall be
643		-	remitted to the taxation and revenue department at the times
644		-	and in the manner provided with respect to the Gross Receipts
645		-	and Compensating Tax Act. The department shall establish
646		-	registration and payment procedures that substantially
647		-	coincide with the registration and payment procedures that
648		-	apply to the Gross Receipts and Compensating Tax Act. A
649		-	seller shall be permitted to deduct and retain three percent
650		-	of surcharges that are collected by the seller from the
651		-	prepaid consumer;
652		-	(8) the audit and appeal procedures
653		-	applicable to the Gross Receipts and Compensating Tax Act
654		-	shall apply to the surcharge;
655		-	(9) the taxation and revenue department
656		-	shall establish procedures by which a seller of prepaid
657		-	wireless communications services may document that a sale
658		-	is not a retail transaction, which procedures shall
659		-	substantially coincide with the procedures for documenting
660		-	sale for resale transactions for the Gross Receipts and
661		-	Compensating Tax Act; and
662		-	(10) notwithstanding Paragraph (1) of this
663		-	subsection, if a 911 surcharge is imposed on prepaid wireless SFC/SB 535
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690		-	communications service pursuant to the Enhanced 911 Act,
691		-	the taxation and revenue department shall promulgate rules
692		-	to permit sellers to combine the surcharge imposed pursuant
693		-	to this section and the surcharge imposed pursuant to the
694		-	Enhanced 911 Act into a single surcharge on the invoice,
695		-	receipt or other similar document that is provided to
696		-	the prepaid consumer. The department shall ensure that
697		-	appropriate surcharge revenues are directed proportionately
698		-	to the respective 911 and telecommunications relay service
699		-	funds.
700		-	D. A telecommunications company providing
701		-	intrastate telecommunications services, a home service
702		-	provider providing intrastate mobile telecommunications
703		-	services and a seller of interconnected voice over internet
704		-	protocol services shall, on sales subject to the
705		-	telecommunications relay service surcharge, assess and
706		-	collect the surcharge and remit the surcharge collected
707		-	monthly to the taxation and revenue department on or before
708		-	the twenty-fifth day of the month following collection. The
709		-	department shall administer and enforce the collection of
710		-	the surcharge in accordance with the Tax Administration Act.
711		-	E. The taxation and revenue department shall
712		-	transfer the following amounts of the net receipts of the
713		-	telecommunications relay service surcharge collected, less
714		-	any amount deducted in accordance with Subsection F of this SFC/SB 535
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741		-	section, within the month following the month in which the
742		-	surcharge is collected:
743		-	(1) twenty percent to the telecommunications
744		-	access fund; and
745		-	(2) eighty percent to the 988 lifeline fund.
746		-	F. The taxation and revenue department may
747		-	deduct an amount not to exceed three percent of the
748		-	telecommunications relay service surcharge collected as a
749		-	charge for the administrative costs of collection and shall
750		-	remit that amount to the state treasurer for deposit in the
751		-	general fund each month.
752		-	G. The commission and the health care authority
753		-	shall report to the revenue stabilization and tax policy
754		-	committee annually by September 30 the following information
755		-	with respect to the prior fiscal year:
756		-	(1) the amount and source of revenue
757		-	received by the telecommunications access fund and the
758		-	988 lifeline fund;
759		-	(2) the amount and category of expenditures
760		-	from the funds; and
761		-	(3) the balance of the funds on that
762		-	June 30."
763		-	SECTION 7. Section 63-9F-12 NMSA 1978 (being Laws 1993,
764		-	Chapter 54, Section 12, as amended) is amended to read:
765		-	"63-9F-12. TELECOMMUNICATIONS ACCESS FUND-- SFC/SB 535
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792		-	ESTABLISHED.--There is created in the state treasury the
793		-	"telecommunications access fund". Money appropriated to
794		-	the fund or accruing to it through gifts, grants, fees,
795		-	surcharges, penalties or bequests shall be delivered to the
796		-	state treasurer for deposit in the fund. The fund shall be
797		-	invested as other state funds are invested. Disbursements
798		-	from the fund shall be made upon warrants drawn by the
799		-	secretary of finance and administration pursuant to vouchers
800		-	signed by the executive director of the commission. The
801		-	commission shall administer the fund. Money in the fund is
802		-	appropriated to the commission for the purpose of carrying
803		-	out the provisions of the Telecommunications Access Act.
804		-	The commission may request the state budget division of
805		-	the department of finance and administration to approve the
806		-	expenditure of funds deposited in the telecommunications
807		-	access fund for the purpose of defraying salary and other
808		-	necessary expenses incurred by the commission in the
809		-	administration of the provisions of the Telecommunications
810		-	Access Act. The state budget division may approve the
811		-	expenditure of up to one hundred percent of the amount
812		-	deposited in the telecommunications access fund during any
813		-	fiscal year for expenses incurred by the commission in
814		-	administering that act. In addition, money in the fund is
815		-	subject to appropriation by the legislature to the commission
816		-	for the performance of its duties pursuant to Chapter 28, SFC/SB 535
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843		-	Article 11B NMSA 1978 and to the signed language interpreting
844		-	practices fund for the purpose of defraying salary and
845		-	other necessary expenses incurred by the signed language
846		-	interpreting practices board. Any unexpended or unencumbered
847		-	balance remaining in the fund at the end of any fiscal year
848		-	shall not revert."
849		-	SECTION 8. 988 LIFELINE FUND.--The "988 lifeline fund"
850		-	is created as a nonreverting fund in the state treasury.
851		-	The fund consists of distributions, appropriations, gifts,
852		-	grants, donations and income from investment of the fund.
853		-	The health care authority shall administer the fund, and
854		-	money in the fund is appropriated to the authority to
855		-	administer a confidential telecommunication service for
856		-	emotional, mental or alcohol and drug use support made
857		-	available to the public by the authority. Expenditures from
858		-	the fund shall be by warrant of the secretary of finance and
859		-	administration pursuant to vouchers signed by the secretary
860		-	of health care authority or the secretary's authorized
861		-	representative.
862		-	SECTION 9. SHORT TITLE.--Sections 9 through 22 of
863		-	this act may be cited as the "Supported Decision-Making Act".
864		-	SECTION 10. DEFINITIONS.--As used in the Supported
865		-	Decision-Making Act:
866		-	A. "adult" means a person who is at least eighteen
867		-	years of age; SFC/SB 535
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894		-	B. "decision-maker" means an adult who seeks
895		-	to enter, or has entered, into a supported decision-making
896		-	agreement with one or more supporters pursuant to the
897		-	Supported Decision-Making Act;
898		-	C. "decision-making support" means assistance in
899		-	understanding the options, responsibilities and consequences
900		-	of a decision-maker's life decisions without making those
901		-	decisions on behalf of the decision-maker;
902		-	D. "supported decision-making agreement" means
903		-	an agreement entered into between a decision-maker and a
904		-	supporter pursuant to the provisions of the Supported
905		-	Decision-Making Act; and
906		-	E. "supporter" means an adult who has entered into
907		-	a supported decision-making agreement with a decision-maker
908		-	pursuant to the Supported Decision-Making Act.
909		-	SECTION 11. SUPPORTED DECISION-MAKING AGREEMENTS--
910		-	SCOPE OF AGREEMENTS.--A decision-maker may voluntarily,
911		-	without undue influence or coercion, enter into a supported
912		-	decision-making agreement with one or more supporters under
913		-	which the decision-maker authorizes the supporter to do any
914		-	or all of the following:
915		-	A. provide decision-making support;
916		-	B. assist the decision-maker in accessing,
917		-	collecting and obtaining information that is relevant to
918		-	a given life decision, including medical, psychological, SFC/SB 535
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945		-	financial, educational or treatment records, from any person;
946		-	C. assist the decision-maker in understanding the
947		-	information described in Subsection B of this section; and
948		-	D. assist the decision-maker in communicating
949		-	the decision-maker's decisions to appropriate persons.
950		-	SECTION 12. SUPPORTED DECISION-MAKING AGREEMENT
951		-	REQUIREMENTS.--
952		-	A. A supported decision-making agreement shall
953		-	be in a form promulgated by the supreme court that shall:
954		-	(1) be in writing;
955		-	(2) be dated;
956		-	(3) be signed voluntarily, without coercion
957		-	or undue influence, by the decision-maker and the supporter;
958		-	(4) designate a supporter;
959		-	(5) list the types of decisions with which
960		-	the supporter is authorized to assist the decision-maker;
961		-	(6) list the types of decisions, if any,
962		-	with which the supporter is not authorized to assist the
963		-	decision-maker; and
964		-	(7) contain a consent signed by the
965		-	supporter indicating the supporter's:
966		-	(a) relationship to the decision-maker;
967		-	(b) willingness to act as a supporter;
968		-	and
969		-	(c) acknowledgment of the duties of SFC/SB 535
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996		-	a supporter.
997		-	B. Each party to a supported decision-making
998		-	agreement shall sign the agreement in the presence of at
999		-	least two adult witnesses whose signatures shall be
1000		-	acknowledged by a notary public.
1001		-	SECTION 13. PRESUMPTION OF CAPACITY.--
1002		-	A. All decision-makers are presumed to have
1003		-	capacity until such time as the decision-maker's primary care
1004		-	practitioner and one other qualified health professional
1005		-	with training and experience in the assessment of functional
1006		-	impairment, or a court, determine that the decision-maker
1007		-	is unable to make the decision-maker's own decisions. A
1008		-	diagnosis of mental illness, intellectual disability or
1009		-	developmental disability, of itself, does not void the
1010		-	presumption of capacity.
1011		-	B. The manner in which a decision-maker
1012		-	communicates with others is not grounds for determining
1013		-	that the decision-maker is incapable of managing the
1014		-	decision-maker's own affairs.
1015		-	C. The execution of a supported decision-making
1016		-	agreement may not be used as evidence of capacity or
1017		-	incapacity in any civil or criminal proceeding and does not
1018		-	preclude the ability of the decision-maker who has entered
1019		-	into a supported decision-making agreement to act
1020		-	independently of the agreement. SFC/SB 535
1021		-	Page 21
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1047		-	SECTION 14. SUPPORTER DUTIES AND AUTHORITY--
1048		-	SUPPORTER PROHIBITIONS.--
1049		-	A. A supporter shall:
1050		-	(1) act in good faith;
1051		-	(2) act with the care, competence and
1052		-	diligence ordinarily exercised by a reasonable person in
1053		-	similar circumstances;
1054		-	(3) act only within the scope of authority
1055		-	granted in the supported decision-making agreement;
1056		-	(4) not engage in self-dealing;
1057		-	(5) support the will and preference of the
1058		-	decision-maker rather than the supporter's opinion of the
1059		-	decision-maker's best interests;
1060		-	(6) not receive compensation as a result
1061		-	of the supporter's duties under a supported decision-making
1062		-	agreement; and
1063		-	(7) stop serving as a supporter if the
1064		-	supporter questions the capacity of the decision-maker to
1065		-	continue making decisions.
1066		-	B. In the absence of an applicable power of
1067		-	attorney a supporter is prohibited from:
1068		-	(1) making decisions on behalf of the
1069		-	decision-maker;
1070		-	(2) signing legal documents on behalf of
1071		-	the decision-maker; SFC/SB 535
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1098		-	(3) binding the decision-maker to a legal
1099		-	agreement;
1100		-	(4) obtaining, without the consent of the
1101		-	decision-maker, information that is not reasonably related
1102		-	to matters with which the supporter is authorized to assist
1103		-	pursuant to the supported decision-making agreement; and
1104		-	(5) using, without the consent of the
1105		-	decision-maker, information acquired for a purpose other than
1106		-	assisting the decision-maker to make a decision under the
1107		-	supported decision-making agreement.
1108		-	SECTION 15. SUPPORTER DISQUALIFICATIONS.--The following
1109		-	persons are disqualified from acting as a supporter:
1110		-	A. an individual who is the subject of a civil or
1111		-	criminal order prohibiting contact with the decision-maker;
1112		-	B. an individual who has been placed on the
1113		-	state's employee abuse registry;
1114		-	C. an individual who has been convicted of a crime
1115		-	involving violence or dishonesty within the preceding ten
1116		-	years; and
1117		-	D. an individual who is currently incarcerated.
1118		-	SECTION 16. ACCESS TO PERSONAL INFORMATION.--If a
1119		-	supporter assists a decision-maker in accessing, collecting
1120		-	or obtaining personal information, including financial
1121		-	information, protected health information under the federal
1122		-	Health Insurance Portability and Accountability Act of 1996 SFC/SB 535
1123		-	Page 23
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1149		-	or educational records under the federal Family Educational
1150		-	Rights and Privacy Act of 1974, the supporter shall ensure
1151		-	that the information is kept privileged and confidential, as
1152		-	applicable, and is not subject to unauthorized access, use
1153		-	or disclosure.
1154		-	SECTION 17. DECISION-MAKER ACCESS TO PERSONAL
1155		-	INFORMATION.--The existence of a supported decision-making
1156		-	agreement does not preclude a decision-maker from seeking
1157		-	personal information without the assistance of the supporter.
1158		-	SECTION 18. THIRD PARTY RELIANCE ON SUPPORTED
1159		-	DECISION-MAKING AGREEMENT.--A person who receives an original
1160		-	or a copy of a supported decision-making agreement shall
1161		-	rely on the agreement, unless the person suspects abuse,
1162		-	neglect or exploitation and makes a report pursuant to
1163		-	Section 21 of this 2025 act.
1164		-	SECTION 19. RECOGNITION OF DECISIONS MADE WITH
1165		-	ASSISTANCE OF SUPPORTER.--A decision or request made or
1166		-	communicated with the assistance of a supporter in conformity
1167		-	with the Supported Decision-Making Act shall be recognized
1168		-	for the purposes of any provision of law as the decision or
1169		-	request of the decision-maker.
1170		-	SECTION 20. TERM OF SUPPORTED DECISION-MAKING
1171		-	AGREEMENT--TERMINATION OR REVOCATION OF AGREEMENT.--
1172		-	A. Except as provided by Subsection B of this
1173		-	section, the supported decision-making agreement extends SFC/SB 535
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1200		-	until terminated by either party or by the terms of the
1201		-	agreement.
1202		-	B. The supported decision-making agreement is
1203		-	terminated as to a particular supporter if:
1204		-	(1) the adult protective services division
1205		-	of the aging and long-term services department finds that
1206		-	the decision-maker has been abused, neglected or exploited
1207		-	by the supporter;
1208		-	(2) the supporter is the subject of a
1209		-	civil or criminal order prohibiting contact with the
1210		-	decision-maker;
1211		-	(3) the supporter has been placed on the
1212		-	state's employee abuse registry;
1213		-	(4) the supporter has been convicted of a
1214		-	crime involving violence or dishonesty;
1215		-	(5) the supporter is incarcerated;
1216		-	(6) the decision-maker gives notice to the
1217		-	supporter orally, in writing, through an assistive technology
1218		-	device or by any other means or act showing a specific intent
1219		-	to terminate the agreement; or
1220		-	(7) the supporter provides written notice
1221		-	of the supporter's resignation to the decision-maker.
1222		-	SECTION 21. REPORTING OF SUSPECTED ABUSE, NEGLECT OR
1223		-	EXPLOITATION.--If a person who receives a copy of a supported
1224		-	decision-making agreement or is aware of the existence of a SFC/SB 535
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1251		-	supported decision-making agreement has cause to believe that
1252		-	the decision-maker is being abused, neglected or exploited
1253		-	by the supporter, the person shall report the alleged abuse,
1254		-	neglect or exploitation to the aging and long-term services
1255		-	department's adult protective services division's statewide
1256		-	intake hotline.
1257		-	SECTION 22. SUPPORTED DECISION-MAKING PROGRAM--
1258		-	CREATED--PROGRAM DUTIES.--
1259		-	A. The "supported decision-making program" is
1260		-	created within the office of guardianship in the
1261		-	developmental disabilities council.
1262		-	B. The supported decision-making program may:
1263		-	(1) provide information to adults interested
1264		-	in entering into supported decision-making agreements;
1265		-	(2) facilitate adults in forming, executing
1266		-	and terminating supported decision-making agreements;
1267		-	(3) monitor supported decision-making
1268		-	agreements to determine if the agreement meets statutory
1269		-	requirements;
1270		-	(4) provide resources and assistance for
1271		-	a decision-maker who believes a supporter is acting outside
1272		-	the scope of the supported decision-making agreement; and
1273		-	(5) provide resources to any individual who
1274		-	is seeking information on reporting suspected abuse, neglect
1275		-	or exploitation of the decision-maker. SFC/SB 535
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1302		-	SECTION 23. EFFECTIVE DATE.--The effective date of the
1303		-	provisions of this act is July 1, 2025.
	51	+	.229576.1