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Committee adopts amendment and gives due pass to Supported Decision Making Act (House Bill 149)
Summary
Lawmakers adopted an amendment removing duplicate appropriation language and gave a unanimous due pass recommendation to a substitute of House Bill 149, which enacts a Supported Decision Making Act to allow people with disabilities or older adults to use supporters to help make decisions while retaining their decision-making authority.
The Appropriations & Finance committee adopted an amendment and recommended a due pass for the House Judiciary Committee substitute for House Bill 149, the Supported Decision Making Act.
The substitute bill, as described by the sponsor, would establish requirements for supported decision‑making agreements, define duties for supporters, create reporting requirements, establish a supported decision‑making program within the Office of Guardianship and the Developmental Disabilities Council, and make an appropriation. The committee adopted an amendment that struck appropriation language because the funds already appear in House Bill 2.
Supporters and advocates told the committee the bill offers a less restrictive alternative to guardianship. Ellen Pines of the Disability Coalition said supported decision making “is a less restrictive alternative to guardianship that can be used by people with disabilities and by older people who don't need a full guardianship but need a little help making decisions,” and argued it can also reduce state costs by avoiding some guardianship proceedings. Jim Jackson of Disability Rights New Mexico described how the arrangement can allow an 18‑year‑old student to involve parents or trusted advisers in Individualized Education Program meetings without full guardianship.
Sponsors and agency witnesses said the measure was intentionally drafted so supporters are not treated as fiduciaries and so the decision‑making authority remains with the individual. Representative Beta (sponsor) explained the amendment removed duplicate appropriation language because funding is in the budget.
After discussion and public testimony from disability advocates and organizations including the Alzheimer's Association's New Mexico chapter, Representative Little moved a due pass on the amended substitute; Representative Brown seconded. With no recorded opposition, the committee gave the bill a unanimous due pass recommendation.
Ending: The committee adopted the amendment and returned a due pass recommendation for House Bill 149 to the next stage; the bill will proceed following committee procedures and existing budget actions.
