Bill Status of HB 3849   102nd General Assembly

Short Description:  SUPPORTED DECISION-MAKING ACT

House Sponsors
Rep. Lindsey LaPointe-Jonathan Carroll-Bob Morgan, Ann M. Williams, Martin McLaughlin, Terra Costa Howard, Jennifer Gong-Gershowitz, Dan Caulkins, David A. Welter, Curtis J. Tarver, II, Kelly M. Cassidy, Daniel Didech, Seth Lewis, Emanuel Chris Welch and Amy Grant

Senate Sponsors
(Sen. Sara Feigenholtz, Robert F. Martwick and Chapin Rose)


Last Action  View All Actions

DateChamber Action
  8/27/2021HousePublic Act . . . . . . . . . 102-0614

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter. Provides that a supporter may exercise the authority granted to the supporter in the supported decision-making agreement. Provides for the duties of a supporter in a supported decision-making agreement. Prohibits a supporter from doing certain actions in relation to the principal. Requires 2 or more witnesses to be present and sign and date a supported decision-making agreement. Provides a form for a supported decision-making agreement. Provides that a person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission under certain circumstances. Provides that a decision or request made or communicated with the assistance of a supporter shall be recognized as the decision or request of the principal and may be enforced by the principal or supporter on the same basis as a decision or request of the principal. Provides that if a person who receives a copy or is aware of the existence of a supported decision-making agreement and has cause to believe that the principal is being abused, neglected, or exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation. Provides that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Provides for the termination of a supported decision-making agreement. Provides that a principal may revoke the supported decision-making agreement and invalidate the supported decision-making agreement at any time. Provides that a supporter may resign by giving notice to the principal. Effective immediately.

House Committee Amendment No. 2
Deletes language providing that a person against whom there has been a finding of abuse, neglect, or exploitation of the principal, a child, an elderly individual, or a person with a disability is disqualified from acting as a supporter. Instead disqualifies a person who is listed on the Health Care Worker Registry maintained by the Department of Public Health as ineligible to work. Deletes language providing that a person against whom the principal has obtained an order of protection is disqualified from acting as a supporter. Instead disqualifies an individual who is the subject of a civil or criminal order prohibiting contact with the principal. Deletes language providing that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated.

Senate Committee Amendment No. 1
Allows a supporter in a supported decision-making agreement to ascertain the wishes and decisions of the principal in order to advocate that the wishes and decisions of an individual with disabilities are implemented (rather than "ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented"). Requires the Guardianship and Advocacy Commission to develop training and education materials for both principals and supporters. Provides that the Act is effective 6 months after becoming law (rather than immediately).

Actions 
DateChamber Action
  2/19/2021HouseFiled with the Clerk by Rep. Lindsey LaPointe
  2/22/2021HouseFirst Reading
  2/22/2021HouseReferred to Rules Committee
  3/16/2021HouseAssigned to Judiciary - Civil Committee
  3/16/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe
  3/16/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/16/2021HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Lindsey LaPointe
  3/16/2021HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/18/2021HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  3/23/2021HouseAdded Co-Sponsor Rep. Ann M. Williams
  3/23/2021HouseAdded Chief Co-Sponsor Rep. Jonathan Carroll
  3/23/2021HouseAdded Chief Co-Sponsor Rep. Bob Morgan
  3/23/2021HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/23/2021HouseDo Pass as Amended / Consent Calendar Judiciary - Civil Committee; 016-000-000
  3/23/2021HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/30/2021HouseAdded Co-Sponsor Rep. Martin McLaughlin
  3/30/2021HouseAdded Co-Sponsor Rep. Terra Costa Howard
  3/30/2021HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
  3/30/2021HouseAdded Co-Sponsor Rep. Dan Caulkins
  3/30/2021HouseAdded Co-Sponsor Rep. David A. Welter
  3/30/2021HouseAdded Co-Sponsor Rep. Curtis J. Tarver, II
  3/30/2021HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/30/2021HouseAdded Co-Sponsor Rep. Daniel Didech
  4/8/2021HousePlaced on Calendar 2nd Reading - Consent Calendar
  4/14/2021HouseAdded Co-Sponsor Rep. Seth Lewis
  4/16/2021HouseSecond Reading - Consent Calendar
  4/16/2021HouseHeld on Calendar Order of Second Reading - Consent Calendar
  4/20/2021HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  4/21/2021HousePlaced on Calendar Order of 3rd Reading - Consent Calendar
  4/22/2021HouseThird Reading - Consent Calendar - First Day
  4/23/2021HouseThird Reading - Consent Calendar - Passed 099-000-000
  4/27/2021SenateArrive in Senate
  4/27/2021SenatePlaced on Calendar Order of First Reading
  4/27/2021SenateChief Senate Sponsor Sen. Sara Feigenholtz
  4/27/2021SenateFirst Reading
  4/27/2021SenateReferred to Assignments
  5/10/2021SenateAssigned to Judiciary
  5/14/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz
  5/14/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/17/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/18/2021SenateSenate Committee Amendment No. 1 Adopted
  5/19/2021SenateDo Pass as Amended Judiciary; 007-000-000
  5/19/2021SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
  5/19/2021SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
  5/20/2021SenateSecond Reading
  5/20/2021SenatePlaced on Calendar Order of 3rd Reading May 21, 2021
  5/27/2021SenatePlaced on Calendar Order of 3rd Reading ** May 28, 2021
  5/29/2021SenateAdded as Alternate Co-Sponsor Sen. Chapin Rose
  5/29/2021SenateThird Reading - Passed; 059-000-000
  5/29/2021HouseArrived in House
  5/29/2021HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/30/2021HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Lindsey LaPointe
  5/30/2021HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2021HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee
  5/30/2021HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 015-000-000
  5/31/2021HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
  5/31/2021HouseHouse Concurs
  5/31/2021HousePassed Both Houses
  5/31/2021HouseAdded Co-Sponsor Rep. Amy Grant
  6/29/2021HouseSent to the Governor
  8/27/2021HouseGovernor Approved
  8/27/2021HouseEffective Date February 27, 2022
  8/27/2021HousePublic Act . . . . . . . . . 102-0614

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