Public Peace, Health, Safety & Welfare
SB535 is a broad omnibus measure that combines several fee and surcharge increases with a new adult decision-making framework. On the revenue side, it raises the workers’ compensation administration fees paid by employers and employees over several future dates, allows the Public Regulation Commission to adjust certain utility-related fees within limits, and increases the 911 emergency surcharge and the telecommunications relay service surcharge. The bill also redirects most of the increased relay-service surcharge revenue to a newly created 988 lifeline fund, while preserving a portion for the telecommunications access fund.
The bill also creates the 988 lifeline fund and authorizes it to support confidential telecommunication services for emotional, mental health, and alcohol- and drug-use support. In addition, it amends the telecommunications access fund provisions to allow the state budget division to approve spending of up to 100% of the fund for commission administrative expenses, and it requires annual reporting on revenues, expenditures, and balances for the telecommunications access fund and 988 lifeline fund. The bill’s effective date is July 1, 2025.
SB535 would amend multiple sections of New Mexico law governing workers’ compensation administration, utility regulation, 911 funding, telecommunications relay services, and state special funds. It increases recurring assessments on employers, employees, utilities, and telecommunications customers, expands collection and enforcement mechanisms, and creates a new nonreverting 988 lifeline fund administered by the Health Care Authority. It also establishes reporting and administrative rules for the new and existing funds, and it authorizes the Telecommunications Access Fund to be used more fully for administrative costs.
The second major component enacts the Supported Decision-Making Act, creating a statutory alternative to guardianship for adults who want assistance understanding and communicating decisions while retaining legal authority over their own choices. It sets requirements for written agreements, presumes capacity, defines supporter duties and disqualifications, protects confidentiality, requires reporting of suspected abuse or exploitation, and creates a supported decision-making program within the Office of Guardianship in the Developmental Disabilities Council.
The bill appears to have received substantial legislative support, passing the Senate 24-13 and the House 39-23. Those vote margins suggest the measure was generally favored but not unanimously, consistent with a bill that combines widely supported service-funding provisions and a policy change affecting adult autonomy and disability rights. No committee transcript was provided, so the available record shows support in both chambers but also meaningful opposition.
The most likely points of contention are the fee and surcharge increases, which shift costs onto employers, employees, utility customers, and telecommunications subscribers to fund state administration and emergency/behavioral health services. Another likely area of debate is the supported decision-making framework: while it is designed to preserve autonomy and reduce reliance on guardianship, it also creates new legal relationships, reporting duties, and third-party reliance rules that may raise concerns about abuse prevention, enforceability, and the scope of supporter authority. The split floor votes indicate that some lawmakers opposed one or more of these components, even though the bill ultimately passed both chambers.