HB 149 New Mexico House · 2025 Regular Session

SUPPORTED DECISION-MAKING ACT

HB 149 establishes a legal framework for supported decision-making agreements in New Mexico, allowing adults (18+) with disabilities to voluntarily partner with supporters to help them understand options and make their own life decisions. The bill requires agreements to be in writing, signed by both parties without coercion, and specifies that supporters may only assist - never make decisions for - the supported individual. Key provisions include a presumption of capacity for all adults (regardless of disability), prohibitions against supporters making decisions or self-dealing, and clear limits on information access. The law also creates a state program within the Office of Guardianship to oversee these agreements and protects third parties who rely on them in good faith.

Issues: ✓ Healthcare

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Governor

Introduced Jan 28, 2025 Last action Jun 3, 2025

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → JC substitute · 6 edits

MODERATE

The bill was revised from an introduced version to a Judiciary Committee substitute, which reorganized the text, updated definitions, and clarified supporter roles and limitations. The changes ensure clearer legal standards for supported decision-making agreements, including specific requirements for signing, witness/notary presence, and supporter disqualifications. These revisions aim to strengthen protections for decision-makers while maintaining the core intent of the Supported Decision-Making Act.

Scope change

The scope remains focused on health and supported decision-making within the State of New Mexico, but the definitions and procedural requirements were refined to improve clarity and enforceability.

DEFINITION

Definitions were updated to replace 'supported decision-maker' with 'decision-maker' and 'supported decision-making' with 'decision-making support' for consistency throughout the bill.

REQUIREMENT

New requirements mandate that supported decision-making agreements must be signed in the presence of at least two adult witnesses or a notary public.

ELIGIBILITY

Specific disqualifications were added for supporters, including individuals on the state employee abuse registry, those convicted of violence or dishonesty within ten years, and currently incarcerated persons.

ENFORCEMENT

New provisions require reporting of suspected abuse, neglect, or exploitation to the adult protective services division's statewide intake hotline.

FISCAL

The appropriation section was updated to specify $289,000 for fiscal year 2026 to fund the supported decision-making program within the Developmental Disabilities Council.

TECHNICAL

Formatting and numbering were reorganized to align with standard legislative markup conventions, including page breaks and section numbering.

Floor votes · Senate Mar 21, 2025 · House Mar 1, 2025

How they voted

35–1

Passed · 4 other

Total votes 40

Mar 21, 2025

D Democratic24

21 Yea 1 Nay 2

87% Yea

R Republican16

14 Yea 2

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 21, 2025

Upper · Passed

passed Senate

upper

Mar 21, 2025

Upper · Passed

floor substitute adopted (1 amendment)

upper

Mar 17, 2025

Upper · Passed

DO PASS, as amended, committee report adopted

upper

Mar 1, 2025

Introduced

Sent to Senate Judiciary Committee & Senate Finance Committee

upper

Mar 1, 2025

Lower · Passed

passed House

lower

Feb 28, 2025

Lower · Passed

DO PASS, as amended, committee report adopted

lower

Feb 11, 2025

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 28, 2025

Introduced

Sent to House Judiciary Committee & House Appropriations & Finance Committee

lower

5 primary · 0 co-sponsors