Sat Mar 8 5:32PM - 13 days, 17 hours left in session
| Sponsor | ||
|---|---|---|
| Rep. Marian Matthews | 27 | Bernalillo |
| Status | |||
|---|---|---|---|
| HCPAC ✓ | Passed, Mar 4, with Committee Substitution | ||
| HJC | 🗓 Mon Mar 10 | 1:30 PM OR 15 minutes after floor ends | Room 309 |
This is the official nmlegis action history. I'm doing my best to translate the LONG/WEIRD-STRING to something less gibberishy. And before you ask, no, the "Legis Day" number has no mapping to the real world.
Actions: HPREF [2] HCPAC/HJC-HCPAC [12] DNP-CS/DP-HJC
| Legis Day | Action | Details | ||
|---|---|---|---|---|
| 0 | prefile | H | ||
| 2 | referred | HCPAC/HJC | ||
| 2 | sent | HCPAC | ||
| 12 | passed | HCPAC (view committee report) | DNP-CS/DP ( view committee sub) | 4-1; nays: Lord |
| 12 | sent | HJC |
This table shows bill actions detected on Ed's system, using heuristics that may not be 100% accurate and which may not reflect the "official" nmlegis chronology. It is probably more than you care to know.
| Jan 17 | filed: LIABILITY WAIVERS FOR CONSERVATORS |
| Jan 27 | referred to HCPAC/HJC; sent to HCPAC |
| actions: 'HPREF' -> 'HPREF [2] HCPAC/HJC-HCPAC' | |
| Jan 30 | scheduled for HCPAC on Thu Feb 6, 13:30 |
| Feb 2 | removed from HCPAC agenda Thu Feb 6, 13:30 |
| added to HCPAC agenda on Thu Feb 6, 13:30 | |
| Feb 5 | removed from HCPAC 02-06 |
| removed from HCPAC agenda Thu Feb 6, 13:30 | |
| Feb 20 | added to HCPAC agenda on Sat Feb 22, 08:00 |
| Feb 27 | added to HCPAC agenda on Tue Mar 4, 13:30 |
| Mar 5 | passed HCPAC; sent to HJC |
| actions: 'HPREF [2] HCPAC/HJC-HCPAC' -> '+ [12] DNP-CS/DP-HJC' | |
| Mar 8 | scheduled for HJC on Mon Mar 10, 13:30 |
Showing the House Consumer & Public Affairs substitution below. For the original as introduced, please refer to nmlegis.
HOUSE CONSUMER AND PUBLIC AFFAIRS
COMMITTEE SUBSTITUTE FOR
HOUSE BILL 125
57th legislature - STATE OF NEW MEXICO - first session, 2025
AN ACT
RELATING TO PROBATE; ALLOWING LIABILITY WAIVERS FOR CONSERVATORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 45-5-429 NMSA 1978 (being Laws 1975, Chapter 257, Section 5-429, as amended) is amended to read:
"45-5-429. INDIVIDUAL LIABILITY OF CONSERVATOR.--
A. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the conservator's representative capacity and identify the estate in the contract.
B. The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.
C. Claims based on contracts entered into by a conservator in the conservator's fiduciary capacity on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is individually liable for those claims.
D. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding or action.
[E. No person shall request, procure or receive a release or waiver of liability, however denominated, of a conservator, an agent, an affiliate or a designee of a conservator or any other third party acting on behalf of a conservator.
F. A release or waiver of liability that is requested, procured or received contrary to the provisions of this section is void.]
E. The court presiding over a conservatorship may enter an order approving an action, a proposed action or a report of a conservator. An order entered pursuant to this subsection may be entered only after:
(1) the conservator files a petition and serves a copy of the petition to all persons entitled to notice pursuant to Subsection D of Section 45-5-405 NMSA 1978, along with the notice of hearing on the petition; and
(2) the court conducts a hearing on the petition with notice to all persons entitled to notice pursuant to Subsection D of Section 45-5-405 NMSA 1978.
F. Upon termination of a conservatorship, a conservator may petition the court for an order approving the conservator's final report and discharging the conservator from further claim or demand of any interested person related to the management of the protected person's estate. An order entered pursuant to this subsection may be entered only after:
(1) the conservator files a petition and serves a copy of the petition to all persons entitled to notice pursuant to Subsection D of Section 45-5-405 NMSA 1978, along with the notice of hearing on the petition; and
(2) the court conducts a hearing on the petition with notice pursuant to Subsection D of Section 45-5-405 NMSA 1978 and, in the case of the death of the protected person:
(a) the heirs of the protected person's estate whose addresses are known to the conservator; and
(b) the personal representative nominated by the protected person's last will and testament known to the conservator.
G. A release of liability of a conservator signed by a protected person subject to a conservatorship or guardianship at the time the release is signed shall not be valid or enforceable.
H. The court may appoint a guardian ad litem or court investigator to review a petition filed pursuant to Subsection E or F of this section and to submit a written report to the court stating the conclusions of that review. The report shall be filed in the protective proceeding and made available to the conservator and all persons who are entitled to receive a copy of the petition as provided in Subsection E or F of this section."
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