SB0033

SENATE BILL 33

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO HIGHER EDUCATION; ENACTING THE SOCIAL WORKER LOAN FOR SERVICE ACT; PROVIDING POWERS AND DUTIES; AUTHORIZING LOANS TO CERTAIN STUDENTS MAJORING IN SOCIAL WORK IN RETURN FOR A SERVICE OBLIGATION TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; PROVIDING REPAYMENT PENALTIES IF SERVICE IS NOT COMPLETED; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO INTERVIEW AND SELECT CANDIDATES FOR THE PROGRAM; PROVIDING FOR PROGRAM ADMINISTRATION BY THE HIGHER EDUCATION DEPARTMENT; PROVIDING CERTAIN CONTRACT REQUIREMENTS; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Social Worker Loan for Service Act".

SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of the Social Worker Loan for Service Act is to meet the shortage of bachelor's and master's degree social workers in the children, youth and families department by increasing the number of social workers through a program of educational loans for social workers. Each applicant shall declare the intent to work as a social worker for the department after graduation and licensure.

SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Social Worker Loan for Service Act:

A. "loan" means a grant of money to defray the costs incidental to a social work education during the last two years of a bachelor's degree or during the last year of a master's program in an institution of higher learning enumerated in Article 12, Section 11 of the constitution of New Mexico, which requires repayment with services or repayment of principal and interest;

B. "social worker" means a person who holds a bachelor's or master's degree in social work, is licensed in New Mexico to practice social work and is a loan recipient; and

C. "student" means a resident of New Mexico who is enrolled in an accredited social work program at an institution of higher learning enumerated in Article 12, Section 11 of the constitution of New Mexico.

SECTION 4. [NEW MATERIAL] SOCIAL WORKER LOANS--QUALIFICATIONS--DUTIES OF DEPARTMENTS.--

A. The higher education department may grant a loan to a student that the children, youth and families department deems qualified to receive the loan upon terms and conditions that the higher education department determines pursuant to the provisions of the Social Worker Loan for Service Act and rules adopted pursuant to that act.

B. The higher education department shall receive and allow or disallow an application approved by the children, youth and families department for a student enrolled full time in the last two years of a bachelor's of social work degree program or enrolled full time in the last year of a master's of social work degree program who declares the intent to practice social work as an employee of the children, youth and families department. That department may require the loan recipient to practice in an underserved area of the state.

C. The children, youth and families department shall make a full and careful investigation of the ability, character and qualifications of each applicant and determine fitness to practice social work as an employee of the department.

D. A student who has received a loan for a bachelor's degree is eligible to extend the loan to cover the last year of a master's degree program, and the contract between the student and the higher education department shall be changed to reflect new repayment dates and amounts.

SECTION 5. [NEW MATERIAL] LOAN CONTRACT TERMS--REPAYMENT.--

A. Each applicant who is approved for a loan by the higher education department may be granted a loan in such amounts and for such periods as the department determines. The loan shall not exceed the necessary expenses incurred while attending a social work degree program.

B. A loan shall bear interest at the rate of:

(1) eighteen percent per year if the student completes an applicable social work degree program and no portion of the principal and interest is forgiven pursuant to Subsection F of this section; or

(2) seven percent per year in all other cases.

C. Loans made pursuant to the Social Worker Loan for Service Act shall not accrue interest until:

(1) the higher education department determines the loan recipient has:

(a) terminated the social work degree program prior to completion;

(b) failed to become licensed; or

(2) the higher education department cancels a contract between the loan recipient and the department pursuant to Section 8 of the Social Worker Loan for Service Act.

D. The loan shall be evidenced by a contract between the student and the higher education department acting on behalf of the state. The contract shall provide for the payment by the state of a stated sum covering the costs of a social work degree program and shall be conditioned on the repayment of the loan to the state over a period established by the higher education department after the completion of the program. The contract shall also specify employment and other requirements of the children, youth and families department, including working in underserved areas of the state. If a loan recipient is not employed by the children, youth and families department because the department does not have an appropriate vacancy or sufficient appropriations or because of another reason not the fault of the loan recipient, the higher education department may extend the time before the loan repayment is due and may consider alternative service or employment as suitable for loan forgiveness.

E. A loan made to a loan recipient who fails to complete the social work degree program or who fails to become licensed shall become due immediately upon termination of the loan recipient's participation in the program without a degree or upon failure to meet the qualifications for licensure. The higher education department, in consultation with the loan recipient, shall establish terms of repayment, alternate service or cancellation terms.

F. The contract shall provide that the higher education department shall forgive a portion of the loan for each period the social worker is employed by the children, youth and families department in a case worker or other social work position. The loan shall be forgiven as follows:

(1) loan terms of one year shall require one year of service. Upon completion of service, one hundred percent of the loan shall be forgiven; and

(2) loan terms of two years or more shall require one year of service for each year of the loan. Upon completion of each year of service, the attendant amount of the loan shall be forgiven.

G. A social worker shall serve a complete contract year to receive credit for that year. The minimum credit for a year shall be established by the higher education department.

H. If a loan recipient completes the social work degree program and is not employed by the children, youth and families department for a funded and open social worker position, the higher education department may assess a penalty of up to three times the principal due, plus eighteen percent interest. The higher education department, in consultation with the children, youth and families department, may find extenuating circumstances that prevent the loan recipient from being employed. If extenuating circumstances are not found for the loan recipient's failure to carry out the declared intent to practice social work with the children, youth and families department, the higher education department shall require immediate repayment of the loan plus the amount of interest and any penalty assessed.

I. The higher education department shall adopt and promulgate rules to implement the provisions of this section. The rules may provide for the repayment of loans in annual or other periodic installments.

SECTION 6. [NEW MATERIAL] CONTRACTS--APPROVAL--ENFORCEMENT.--The general form of the contract shall be prepared and approved by the attorney general and signed by the student and a designee of the higher education department on behalf of the state. The department is vested with full and complete authority and power to sue in its own name for any balance due the state from a loan recipient on a contract.

SECTION 7. [NEW MATERIAL] FUND CREATED--METHOD OF PAYMENT.--The "social worker loan for service fund" is created as a nonreverting fund in the state treasury. Money appropriated for loans pursuant to the Social Worker Loan for Service Act; earnings from investment of the fund; gifts, grants and donations to the fund; and all payments of principal and interest on loans made pursuant to that act shall be deposited in the fund. The fund shall be administered by the higher education department. All payments of money for loans shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's designated representative.

SECTION 8. [NEW MATERIAL] CANCELLATIONS.--The higher education department may cancel a contract between it and a loan recipient for any reasonable cause deemed sufficient by the department.

SECTION 9. [NEW MATERIAL] REPORTS.--The higher education department, with the assistance of the children, youth and families department, shall report annually by January 1 to the governor and the legislature on their activities pursuant to the Social Worker Loan for Service Act, including loans granted, the names and home towns of students who received loans, the social work degree program being attended by each student and the names, positions and locations of social workers who have completed their education and are employed by the children, youth and families department.

SECTION 10. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the social worker loan for service fund for expenditure in fiscal year 2016 and subsequent fiscal years to carry out the provisions of the Social Worker Loan for Service Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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