Governor Kelly Signs Bipartisan Bill Establishing the Supported Decision-making Agreements Act

TOPEKA – Governor Laura Kelly today announced she has signed Senate Bill 84 (SB 84), establishing the Supported Decision-making Agreements Act, which will allow adults to enter into supported decision-making agreements to receive assistance with an adult’s affairs from one or more other adults. This bill provides individuals who need assistance with decision-making with the option to receive support from one or more adults while remaining as independent as possible.

“Senate Bill 84 is thoughtful legislation that empowers Kansans to receive support as they make key decisions about their lives, while preserving their independence,” Governor Laura Kelly said. “These voluntary agreements will equip those with intellectual and developmental disabilities, mental health needs, or other impairments, with assistance from trusted adults as they navigate decisions about health care, finances, housing, and more.”

SB 84 establishes the legal framework for a supportive adult to provide decision-making assistance to another adult (the principal), who could be an adult with developmental disabilities, brain injuries, mental health needs, or more, who wants support while maintaining control over decisions in their life. A supporter could provide the principal with aid in making and communicating decisions, and understanding information, options, responsibilities, and consequences related to those decisions. The supporter could also access and obtain information relevant to decisions necessary for managing the principal’s affairs; ascertain the wishes and decisions of the principal and help communicate those decisions to others; advocate to ensure those wishes and decisions are implemented; and accompany the principal, as well as participate in discussions with others, when the principal is making decisions.

“I’m pleased to support this commonsense legislation that establishes a legal framework to help Kansans receive voluntary support from other adults as they navigate their lives, while maintaining their control and independence,” said Representative Mari-Lynn Poskin, District 20. “Everyone has the right to agency in their own life, and this bill will enable more Kansans to make choices that are best for them with the comfort of knowing they have reliable assistance from others. Congratulations to disability advocates who have been working on this for years.”

The supportive adult would not be allowed to exert undue influence on the principal, make decisions for or on behalf of the principal, sign for the principal, obtain information not reasonably related to the matters the supporter is authorized to assist the principal with under the agreement without consent, and use information acquired for a purpose other than authorized under the agreement. Violations would be added to the crime of mistreatment of a dependent adult or an elder person, for which felony or misdemeanor penalties would apply, depending on the amount of financial resources involved.

“Through Senate Bill 84, we’re offering Kansans more avenues to be active participants not only in their own lives, but also in their communities across the state,” said Senator Rick Billinger, District 40. “This is strong, bipartisan legislation that will truly help more Kansans make life-changing decisions that will be in their best interests.”

In addition to Senate Bill 84, Governor Kelly also signed the following bipartisan bills:

House Substitute for Senate Bill 260: Establishing the born to invest act and requiring the office of vital statistics to provide data to the office of the state treasurer for distribution of informational materials regarding certain government-administered savings accounts

Senate Bill 398: Aligning a part of the Kansas Rules of Evidence dealing with Expert witnesses with the Federal Rules of Evidence by requiring a proponent to demonstrate that it is more likely than not that certain specialized knowledge will help the trier of fact to understand evidence before certain qualified witnesses may testify.

Senate Bill 418: Enacting the by-right housing development act to provide a streamlined permit approval process for by-right housing developments and allowing third-party review of new residential construction development documents and inspection of improvements, along with making other updates to zoning and regulations.

Senate Bill 459: Removing the prisoner review board from the supervision of the secretary of corrections, changing the appointing authority, creating qualifications for the members of the board, and requiring parole hearings to be postponed if proper notice of the public comment session is not made to the victim.

Senate Substitute for House Bill 2402: Requiring eligible boards of education to consider participation in the community eligibility provision, providing a financial hardship exception to such participation and requiring the state department of education to assist school districts seeking such participation.

House Bill 2739: Relating to housing code requirements, removing the definition of apartment houses from chapter 31 of the Kansas Statutes Annotated, providing requirements for adoption of the national fire protection association standards, 2024 edition, and providing that certain state accessibility standards are not applicable to moderate income housing program and Kansas investor tax credit housing act projects.

House Bill 2528: Requiring all state board of nursing actions related to certain nonpractice violations be void, allowing for late license renewal for professional, practical and advanced practice registered nurses, setting fees for late license renewal, limiting unprofessional conduct to acts related to the practice of nursing, prohibiting the board from taking retaliatory action against a licensee based on certain lawful actions and creating a civil cause of action for violation thereof, requiring termination of current board members on January 1, 2027 and requiring the governor to appoint interim board members subject to senate confirmation and requiring the board to issue refunds for overpayment or duplicate payment.

House Bill 2652: Requiring the clerk of the appellate courts to publish monthly a list of cases of the supreme court and court of appeals in which a decision has not been entered and filed within six months of submission and a list of cases in which a petition for review has not been granted or denied within six months of submission.

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