0001|                           SENATE BILL 1198
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                         MARY JANE M. GARCIA
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0005|     
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0006|                                   
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0007|     
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0008|            FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO WELFARE REFORM; AMENDING SECTION 27-3-3 NMSA 1978
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0012|     (BEING LAWS 1973, CHAPTER 256, SECTION 3, AS AMENDED); ENACTING
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0013|     THE FAMILY ASSISTANCE AND INDIVIDUAL RESPONSIBILITY ACT.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0017|     through 19 of this act may be cited as the "Family Assistance
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0018|     and Individual Responsibility Act".
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0019|          Section 2.  [<u>NEW MATERIAL</u>]  INTENT--PURPOSE.--
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0020|               A.  It is the intent of the legislature that the
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0021|     Family Assistance and Individual Responsibility Act bring
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0022|     meaningful welfare reform to the state and serve as the
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0023|     cornerstone of a new and better welfare reform service delivery
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0024|     system that emphasizes the long-term benefit of enhancing work-
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0025|     related training and education to increase the probability of
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0001|     success and self-sufficiency for recipients of assistance and
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0002|     their children.
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0003|               B.  The Family Assistance and Individual
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0004|     Responsibility Act ensures to the maximum extent possible that
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0005|     welfare reform in New Mexico takes place fairly and that
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0006|     parents of children will be helped in becoming self-sufficient
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0007|     in the workplace.  The Family Assistance and Individual
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0008|     Responsibility Act establishes the program to be carried out by
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0009|     the state with funds provided by the temporary assistance for
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0010|     needy families block grant authorized by section 103 of P.L.
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0011|     104-193.  In submitting any state plan required to obtain a
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0012|     temporary assistance for needy families block grant or under
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0013|     the child care and development block grant, the governor shall
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0014|     seek the maximum block grant funding and federal contingency
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0015|     fund allocations that are available pursuant to P.L. 104-193.
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0016|          Section 3.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
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0017|     Family Assistance and Individual Responsibility Act:
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0018|               A.  "department" means the human services
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0019|     department;
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0020|               B.  "secretary" means the secretary of human
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0021|     services;
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0022|               C.  "federal act" means Title IV of the federal
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0023|     Social Security Act as amended by P.L. 104-193, the Personal
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0024|     Responsibility and Work Opportunity Reconciliation Act of 1996;
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0025|               D.  "family" means a group of people having at least
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0001|     one child and the child's parents or caretakers, all of whom
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0002|     live together in the same household.  A pregnant woman and her
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0003|     unborn child are considered to be a family;
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0004|               E.  "parent" includes:
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0005|                    (1)  the biological or adoptive parent of a
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0006|     child;
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0007|                    (2)  a pregnant woman; and
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0008|                    (3)  the spouse of a married pregnant woman;
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0009|               F.  "caretaker" means an adult related to a child by
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0010|     blood or marriage having legal custody or guardianship of the
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0011|     child;
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0012|               G.  "child" means a person who is less than eighteen
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0013|     years old and is not emancipated.  A person who is eighteen
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0014|     years old but who is expected to graduate from high school by
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0015|     his nineteenth birthday is considered a child;
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0016|               H.  "minor parent" means a parent who is less than
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0017|     eighteen years old;
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0018|               I.  "applicant" means a person who has applied for
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0019|     cash assistance or services under the Family Assistance and
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0020|     Individual Responsibility Act;
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0021|               J.  "recipient" means a person who is receiving cash
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0022|     assistance or services under the Family Assistance and
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0023|     Individual Responsibility Act;
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0024|               K.  "federal poverty guidelines" means the level of
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0025|     income defining poverty thresholds by family size published in
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0001|     March of every year in the federal register by the United
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0002|     States department of health and human services;
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0003|               L.  "earned income" means cash, negotiable
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0004|     instruments or property that may readily be sold or converted
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0005|     to cash that is received as compensation for employment;
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0006|               M.  "unearned income" means income from benefits
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0007|     from a public or private source, pensions, contributions, gifts
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0008|     and all other income that does not meet the definition of
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0009|     earned income;
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0010|               N.  "resources" means the value of real property or
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0011|     personal property owned by a person;
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0012|               O.  "liquid resources" means resources for which
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0013|     ownership is evidenced by an instrument that is readily
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0014|     negotiable for cash;
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0015|               P.  "family assistance group" means a family with at
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0016|     least one child living with a parent or caretaker and persons:
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0017|                    (1)  living with the family who meet each
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0018|     individual eligibility requirement of the Family Assistance and
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0019|     Individual Responsibility Act; and
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0020|                    (2)  who purchase and prepare food and pay for
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0021|     shelter and utilities jointly; and
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0022|               Q.  "cash grant" means cash assistance provided to a
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0023|     family under the Family Assistance and Individual
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0024|     Responsibilities Act.
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0025|          Section 4.  [<u>NEW MATERIAL</u>]  SINGLE STATE AGENCY--
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0001|     ASSISTANCE TO FAMILIES--COOPERATION WITH OTHER DEPARTMENTS IN
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0002|     PROVIDING SERVICES--CHILD CARE.--
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0003|               A.  The department is:
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0004|                    (1)  responsible for administering the family
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0005|     Assistance and Individual Responsibility Act; and
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0006|                    (2)  authorized to carry out the state program
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0007|     funded by temporary assistance for needy families block grants
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0008|     made pursuant to the federal act.
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0009|               B.  Subject to the availability of state and federal
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0010|     funds, the department shall provide cash grants to families in
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0011|     financial need pursuant to the Family Assistance and Individual
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0012|     Responsibility Act.
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0013|               C.  In administering the Family Assistance and
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0014|     Individual Responsibility Act, the department shall cooperate
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0015|     with the children, youth and families department, the labor
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0016|     department, the economic development department, the department
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0017|     of health and the state department of public education for the
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0018|     purposes of providing child care, job training, job placement
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0019|     and educational services to applicants and recipients.
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0020|          Section 5.  [<u>NEW MATERIAL</u>]  FINANCIAL NEED STANDARD--
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0021|     PAYMENT STANDARD--AMOUNT OF CASH ASSISTANCE--PAYMENT 
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0022|     REDUCTION.--
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0023|               A.  The secretary shall establish a financial need
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0024|     standard for purposes of determining the financial eligibility
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0025|     of a family assistance group pursuant to the Family Assistance
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0001|     and Individual Responsibility Act.  The financial need standard
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0002|     shall be based on the earned income and unearned income
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0003|     required for a family to maintain a level of subsistence that
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0004|     includes costs of food, shelter and other necessities but that
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0005|     excludes the cost of medical care.  The financial need standard
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0006|     for earned and unearned income shall not be less than sixty-six
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0007|     percent of the federal poverty guidelines effective at the
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0008|     beginning of each fiscal year.
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0009|               B.  The secretary shall establish a payment standard
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0010|     for cash grants provided to a family pursuant to the Family
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0011|     Assistance and Individual Responsibility Act.  The payment
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0012|     standard shall be set subject to the availability of state and
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0013|     federal funds appropriated for the purpose of funding the
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0014|     Family Assistance and Individual Responsibility Act.  The
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0015|     payment standard may be less than the amount set by the
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0016|     secretary in determining financial eligibility pursuant to the
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0017|     Family Assistance and Individual Responsibility Act.
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0018|               C.  The amount of a cash grant that shall be paid to
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0019|     a family pursuant to the Family Assistance and Individual
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0020|     Responsibility Act is determined by deducting the total amount
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0021|     of non-exempt family income from the payment standard set by
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0022|     the secretary pursuant to Subsection B of this section.
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0023|               D.  If the amount of federal and state funds
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0024|     available is insufficient to provide cash grants at the payment
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0025|     standard set pursuant to Subsection B of this section, the
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0001|     secretary may by regulation reduce the payment amount. 
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0002|     However, the secretary shall not reduce the payment amount
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0003|     below the level of grant amounts paid to persons under the aid
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0004|     to families with dependent children program under the Public
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0005|     Assistance Act that were in effect on July 1, 1996 without
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0006|     first complying with subsection G of Section 9-8-6 NMSA 1978.
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0007|          Section 6.  [<u>NEW MATERIAL</u>]  COMPOSITION OF THE FAMILY
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0008|     ASSISTANCE GROUP.--
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0009|               A.  A family assistance group must include at least
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0010|     one child living with a parent or a caretaker.
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0011|               B.  A family assistance group shall not include
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0012|     persons living in the same household with the family who:
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0013|                    (1)  do not make their income available to the
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0014|     family; and
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0015|                    (2)  have no legal responsibility to support
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0016|     children in the family.
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0017|               C.  In determining the size of the family assistance
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0018|     group for purposes of making a financial eligibility
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0019|     determination, the department shall:
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0020|                    (1)  consider a pregnant woman one person; and
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0021|                    (2)  not include persons receiving:
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0022|                         (a)  federal supplemental security
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0023|     income;
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0024|                         (b)  adoption assistance payments; or
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0025|                         (c)  foster care reimbursement.
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0001|               D.  The secretary may include additional persons to
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0002|     the family assistance group pursuant to regulations that are
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0003|     consistent with the federal act or with the Family Assistance
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0004|     and Individual Responsibility Act.
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0005|          Section 7.  [<u>NEW MATERIAL</u>]  ELIGIBILITY--EXCEPTIONS.--
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0006|               A.  A family assistance group is eligible for a cash
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0007|     grant and services pursuant to the Family Assistance and
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0008|     Individual Responsibility Act if:
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0009|                    (1)  a parent or caretaker in the family is a
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0010|     resident of the state; 
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0011|                    (2)  the family has a total monthly income that
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0012|     is less than the financial need standard and meets financial
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0013|     eligibility requirements set by the secretary pursuant to the
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0014|     Family Assistance and Individual Responsibility Act; and
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0015|                    (3)  the parents or caretakers in the family
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0016|     have met all requirements set by the department for cooperating
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0017|     in obtaining child support by the department as are required by
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0018|     Title IV-D of the federal act.
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0019|               B.  A family assistance group shall be eligible for
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0020|     a cash grant and services pursuant to the Family Assistance and
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0021|     Individual Responsibility Act if the adult parent or caretaker
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0022|     in the family assistance group has received less than a total
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0023|     of sixty months of assistance in this state or any other state
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0024|     under a program funded in whole or in part under the federal
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0025|     act, except for persons exempted from the sixty-month
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0001|     limitation by the federal act or by regulations of the
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0002|     secretary.
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0003|               C.  For purposes of the sixty-month limitation in
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0004|     Subsection B of this section, the secretary shall adopt
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0005|     regulations exempting persons in the family assistance unit who
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0006|     have been battered or subjected to extreme cruelty by:
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0007|                    (1)  physical acts that resulted in or
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0008|     threatened to result in physical injury to the person;
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0009|                    (2)  sexual abuse;
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0010|                    (3)  sexual activity involving a child;
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0011|                    (4)  being forced as the caretaker of a child
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0012|     to engage in nonconsensual sexual acts or activities;
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0013|                    (5)  threats of, or attempts at, physical or
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0014|     sexual abuse;
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0015|                    (6)  mental abuse; or
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0016|                    (7)  neglect or deprivation of medical care.
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0017|               D.  A person in a family is eligible for assistance
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0018|     pursuant to the Family Assistance and Individual Responsibility
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0019|     Act if the person is:
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0020|                    (1)  a citizen of the United States;
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0021|                    (2)  a lawful resident immigrant who entered
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0022|     the United State before August 22, 1996; or
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0023|                    (3)  a lawful resident immigrant who meets the
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0024|     immigration status, work history or military service exceptions
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0025|     set forth in Section 402 (a)(2) of P.L. 104-193.
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0001|               E.  A person shall not be eligible to receive a cash
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0002|     grant pursuant to the Family Assistance and Individual
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0003|     Responsibility Act if the person:
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0004|                    (1)  has within the previous ten years been
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0005|     convicted of public benefit or medical assistance fraud as
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0006|     defined in Section 408 (a)(8) of P.L. 104-193;
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0007|                    (2)  is a fleeing felon or parole violator as
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0008|     defined in Section 408(a)(9) of P.L. 104-193;
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0009|                    (3)  has within the past five years been
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0010|     convicted of a drug-related felony, provided that a pregnant
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0011|     woman subject to this eligibility exception may receive
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0012|     assistance under protective payment regulations promulgated by
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0013|     the secretary;
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0014|                    (4)  is a child who:
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0015|                         (a)  has not graduated from high school
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0016|     and is not attending school; or
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0017|                         (b)  has been or is expected by the
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0018|     child's parent or caretaker to be absent from the family home
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0019|     for a period of forty-five consecutive days; or
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0020|                    (5)  is over the age of sixty-five.
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0021|          Section 8.  [<u>NEW MATERIAL</u>]  SPECIAL ELIGIBILITY
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0022|     PROVISIONS FOR UNMARRIED MINOR PARENTS.--If a family assistance
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0023|     group is composed of an unmarried minor parent and the child of
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0024|     the minor parent, that minor parent must meet all requirements
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0025|     for living arrangements and school attendance set by the
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0001|     secretary under regulations consistent with requirements of the
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0002|     federal act.  The department shall not require applicants and
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0003|     recipients who are unemancipated minor parents to live in the
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0004|     home of their parents without first making a determination that
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0005|     living in their parents' home will be safe and that their
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0006|     parents want them to remain in their home.  The department
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0007|     shall establish procedures for making such determinations.
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0008|          Section 9.  [<u>NEW MATERIAL</u>]  FINANCIAL ELIGIBILITY--CASH
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0009|     GRANT--INCOME--RESOURCES.--
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0010|               A.  The secretary shall define by regulation exempt
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0011|     and non-exempt income and resources to be used in determining
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0012|     financial eligibility for a cash grant and services pursuant to
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0013|     the Family Assistance and Individual Responsibility Act.
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0014|               B.  For any person in the family assistance group
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0015|     whose income is to be counted in determining the amount of the
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0016|     cash grant, the secretary shall disregard:
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0017|                    (1)  the first thirty dollars ($30.00) of
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0018|     monthly earned income and one-third of the remaining monthly
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0019|     earned income;
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0020|                    (2)  ninety dollars ($90.00) of monthly earned
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0021|     income, which shall be considered necessary to meet work-
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0022|     related expenses; 
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0023|                    (3)  monthly payments made for child care for a
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0024|     child in the family assistance group up to a maximum of two
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0025|     hundred dollars ($200) for a child who is less than two years
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0001|     old and one hundred seventy-five dollars ($175) for a child who
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0002|     is two years old or older; and         
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0003|                    (4)  monthly child support payments received by
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0004|     the family assistance group up to a maximum of one hundred
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0005|     dollars ($100).
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0006|               C.  Income of persons living in the same household
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0007|     with the family assistance group who do not make their income
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0008|     available to the family and have not legal responsibility to
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0009|     support children in the family shall not be included in the
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0010|     consideration of the financial eligibility of the family for a
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0011|     cash grant or services pursuant to the Family Assistance and
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0012|     Individual Responsibility Act.
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0013|               D.  The secretary shall exempt the following
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0014|     resources:
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0015|                    (1)  not less than two thousand dollars
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0016|     ($2,000) of non-liquid resources;
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0017|                    (2)  the value of one motor vehicle;
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0018|                    (3)  the value of real property that is used as
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0019|     the principle residence of the family;
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0020|                    (4)  the equity value of funeral agreements
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0021|     owned by a person in the family assistance group that does not
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0022|     exceed one thousand five hundred dollars ($1,500); and 
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0023|                    (5)  resources of persons who live with the
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0024|     family but have no legal responsibility to support children in
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0025|     the family.
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0001|          Section 10.  [<u>NEW MATERIAL</u>]  INDIVIDUAL DEVELOPMENT
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0002|     ACCOUNTS.--
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0003|               A.  An "individual development account" is an
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0004|     account established by a recipient for any of the following:
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0005|                    (1)  providing for the expenses of post-
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0006|     secondary education;
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0007|                    (2)  setting aside funds for the purchase of a
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0008|     first home; and
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0009|                    (3)  contributing to a business capitalization
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0010|     account.
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0011|               B.  The secretary shall be regulation establish
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0012|     standards that enable recipients to fund individual development
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0013|     accounts for each of the purposes in Subsection A of this
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0014|     section that are consistent with the requirements in Section
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0015|     404(h) of P.L. 104-193.
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0016|          Section 11.  [<u>NEW MATERIAL</u>]  INITIAL ELIGIBILITY
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0017|     DETERMINATION--CONTINUING ELIGIBILITY--CERTIFICATION.--
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0018|               A.  Not later than thirty days after an applicant
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0019|     files an application for a cash grant or services pursuant to
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0020|     the Family Assistance and Individual Responsibility Act, the
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0021|     department shall make a determination of the applicant's
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0022|     eligibility.
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0023|               B.  The department shall review eligibility for
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0024|     recipients at least once every six months.  The review shall
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0025|     include:
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0001|                    (1)  the recipient's current financial
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0002|     eligibility; and
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0003|                    (2)  a determination of whether recipients are
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0004|     meeting work requirements as provided in the Family Assistance
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0005|     and Individual Responsibility Act and regulations adopted by
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0006|     the secretary pursuant to the that act.
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0007|          Section 12.  [<u>NEW MATERIAL</u>]  WORK REQUIREMENT--
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0008|     EXEMPTIONS.--
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0009|               A.  A recipient who is a parent or caretaker in a
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0010|     family must be engaged in one or more of the work activities
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0011|     set out in Subsection B of this section not later than twenty-
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0012|     four months after the person becomes a recipient, unless the
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0013|     person is exempt from work requirements under regulations
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0014|     adopted by the secretary.
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0015|               B.  Work activities that qualify in meeting the work
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0016|     requirement include:
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0017|                    (1)  unsubsidized employment;
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0018|                    (2)  subsidized private sector employment;
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0019|                    (3)  subsidized public sector employment;
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0020|                    (4)  work experience;
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0021|                    (5)  on-the-job training;
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0022|                    (6)  assisted job search for a period not to
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0023|     exceed three weeks;
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0024|                    (7)  job skills training directly related to
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0025|     employment;
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0001|                    (8)  community service programs, where
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0002|     sufficient public or private sector employment is not
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0003|     available;
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0004|                    (9)  vocational education programs;
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0005|                    (10)  education directed toward obtaining a
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0006|     high school diploma or a certificate of high school
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0007|     equivalency;
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0008|                    (11)  post-secondary education programs
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0009|     directly related to specific employment opportunities; and
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0010|                    (12)  child care for other recipients, provided
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0011|     the recipient:
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0012|                         (a)  meets training and registration
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0013|     requirements for child-care providers established by the
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0014|     children, youth and families department; and
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0015|                         (b)  meets requirements of the child
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0016|     nutrition program.
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0017|               C.  The secretary shall exempt the following
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0018|     recipients from the requirement of Subsection A of this
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0019|     section:
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0020|                    (1)  a person who:
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0021|                         (a)  is unable to work due to advanced
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0022|     age or a disability;
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0023|                         (b)  is a single parent with a child less
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0024|     than twelve months old who has not been exempted for more than
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0025|     twelve months under such an exemption in the past;
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0001|                         (c)  is a parent caring for a child with
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0002|     a disability or caring for an adult with a disability; or
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0003|                         (d)  resides in a county with an
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0004|     unemployment rate that is over ten percent;
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0005|                    (2)  one parent or caretaker in a two-parent
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0006|     family that does not receive state-assisted child care; or
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0007|                    (3)  a person who meets other exemptions set by
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0008|     the secretary.
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0009|               D.  In setting the number of hours that a recipient
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0010|     shall engage in a work activity under Subsection B of this
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0011|     section, the secretary shall not require hours of work on an
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0012|     average weekly basis that exceed the minimum requirements
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0013|     necessary for the state to meet work participation rates under
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0014|     the federal act, unless the recipient agrees to additional
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0015|     hours in an individual responsibility plan made pursuant to
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0016|     Section 13 of the Family Assistance and Individual
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0017|     Responsibility Act.
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0018|          Section 13.  [<u>NEW MATERIAL</u>]  EMPLOYABILITY ASSESSMENTS.-
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0019|     -
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0020|               A.  The department shall make assessment of the
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0021|     skills, prior work experience and employability of each
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0022|     recipient who:
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0023|                    (1)  is eighteen years of age or older; or
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0024|                    (2)  has not received a high school diploma or
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0025|     certificate of high school equivalency and is not attending
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0001|     high school or participating in an alternative secondary
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0002|     education program.
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0003|               B.  The assessment in Subsection A of this section
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0004|     shall be conducted within thirty days of a determination of
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0005|     eligibility for a cash grant or services.  The assessment may
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0006|     be conducted by the department or other public or private
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0007|     agencies at the discretion of the secretary.
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0008|          Section 14.  [<u>NEW MATERIAL</u>]  INDIVIDUAL RESPONSIBILITY
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0009|     PLANS.--
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0010|               A.  Within a reasonable time after the department
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0011|     conducts an assessment for a recipient pursuant to Section 12
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0012|     of the Family Assistance and Individual Responsibility Act, the
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0013|     department shall, after consultation with the recipient,
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0014|     require the recipient to enter into an individual
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0015|     responsibility plan.  The individual responsibility plan shall:
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0016|                    (1)  set forth an employment goal for the
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0017|     recipient that is consistent with moving the individual into
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0018|     public or private sector employment;
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0019|                    (2)  set forth obligations of the recipient in
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0020|     moving toward becoming and remaining employed in the public or
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0021|     private sector; and
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0022|                    (3)  describe the services the department will
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0023|     provide to the recipient so that the recipient will be able to
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0024|     obtain employment, including educational assistance, job
    |
0025|     counseling and job placement services.
    |
0001|               B.  An individual responsibility plan for a person
    |
0002|     shall include:
    |
0003|                    (1)  a program of secondary education or its
    |
0004|     equivalent where the person is a minor parent who has not
    |
0005|     received a high school diploma or certificate of high school
    |
0006|     equivalency;
    |
0007|                    (2)  a program of secondary education or its
    |
0008|     equivalent for a person over the age of eighteen who has not
    |
0009|     received a high school diploma or a certificate of high school
    |
0010|     equivalency where high school equivalency is necessary for the
    |
0011|     person to be employed; or
    |
0012|                    (3)  a program of vocational education for more
    |
0013|     than one year or a program of post-secondary education if:
    |
0014|                         (a)  the person has initiated such a
    |
0015|     program and can demonstrate that he will complete the program
    |
0016|     within two years;
    |
0017|                         (b)  the department has reason to believe
    |
0018|     that there will be job openings in sufficient numbers in New
    |
0019|     Mexico that require the educational qualifications provided by
    |
0020|     the program; and
    |
0021|                         (c)  the plan contains reasonable
    |
0022|     standards to measure the adult's progress in such educational
    |
0023|     program.
    |
0024|               C.  An individual responsibility plan that includes
    |
0025|     community service as a work activity shall set forth the
    |
0001|     duration of such community service and how the community
    |
0002|     service will help the person develop skills for full-time
    |
0003|     future employment.  The department shall not use community
    |
0004|     service as a requirement for a recipient's continued
    |
0005|     eligibility for assistance pursuant to the Family Assistance
    |
0006|     and Individual Responsibility Act unless an individual
    |
0007|     responsibility plan containing the provisions of this
    |
0008|     subsection is in place.
    |
0009|          Section 15.  [<u>NEW MATERIAL</u>]  SERVICES.--
    |
0010|               A.  A recipient who engages in a work activity shall
    |
0011|     be entitled to services from the department that support the
    |
0012|     employment goal in the recipient's individual responsibility
    |
0013|     plan and enable the recipient to engage in a work activity. 
    |
0014|     Such services shall include:
    |
0015|                    (1)  child-care assistance;
    |
0016|                    (2)  reimbursement of employment-related
    |
0017|     transportation expenses; and
    |
0018|                    (3)  job search assistance and employment
    |
0019|     counseling.
    |
0020|               B.  The department shall provide services in a fair
    |
0021|     manner to all recipients consistent with assisting recipients
    |
0022|     to attain family-sustaining employment.
    |
0023|          Section 16.  [<u>NEW MATERIAL</u>]  MEDICAID.--
    |
0024|               A.  A recipient shall be categorically eligible for
    |
0025|     medicaid.
    |
0001|               B.  A person who becomes financially ineligible for
    |
0002|     a cash grant or services pursuant to the Family Assistance and
    |
0003|     Individual Responsibility Act because of earned income shall
    |
0004|     continue to be eligible for medicaid for a period of at least
    |
0005|     one year.
    |
0006|               C.  The children of the family assistance group
    |
0007|     shall continue to be medicaid eligible until the income of the
    |
0008|     family exceeds one hundred eighty-five percent of the federal
    |
0009|     poverty guidelines.
    |
0010|          Section 17.  [<u>NEW MATERIAL</u>]  PENALTIES AGAINST
    |
0011|     INDIVIDUALS.--
    |
0012|               A.  The department shall not impose any sanction or
    |
0013|     financial penalty on a family assistance group for
    |
0014|     noncompliance with work requirements or non-cooperation in
    |
0015|     child support or other requirements of the Family Assistance
    |
0016|     and Individual Responsibility Act by a recipient:
    |
0017|                    (1)  that results in the amount of a cash grant
    |
0018|     to the family assistance group being reduced by more than
    |
0019|     twenty-five percent of the cash grant received by the family
    |
0020|     assistance group at the time the sanction or financial penalty
    |
0021|     is imposed; and
    |
0022|                    (2)  without first considering whether the
    |
0023|     recipient had good cause for such noncompliance.
    |
0024|               B.  The department shall not reduce or terminate a
    |
0025|     cash grant to a family assistance group based on a refusal of a
    |
0001|     recipient to engage in a work activity, if the recipient:
    |
0002|                    (1)  is a single custodial parent caring for a
    |
0003|     child who has not attained six years of age; and
    |
0004|                    (2)  establishes an inability to obtain needed
    |
0005|     child care for one or more of the following reasons:
    |
0006|                         (a)  unavailability of appropriate child
    |
0007|     care within a reasonable distance from the recipient's home or
    |
0008|     work site;
    |
0009|                         (b)  unavailability or unsuitability of
    |
0010|     informal child care by a relative or other person; and
    |
0011|                         (c)  unavailability of appropriate and
    |
0012|     affordable formal child care arrangements.
    |
0013|          Section 18.  [<u>NEW MATERIAL</u>]  TRANSITIONAL PROVISIONS.--
    |
0014|               A.  Family assistance groups that were receiving aid
    |
0015|     to families with dependent children under the Public Assistance
    |
0016|     Act on the effective date of the Family Assistance and
    |
0017|     Individual Responsibility Act will be eligible for assistance
    |
0018|     and services under the Family Assistance and Individual
    |
0019|     Responsibility Act for thirty days from the effective date of
    |
0020|     Family Assistance and Individual Responsibility Act or until
    |
0021|     their eligibility under that act is determined.
    |
0022|               B.  Recipients engaged in work activities, including
    |
0023|     educational programs, that were approved by the department
    |
0024|     under project forward on or before July 1, 1997 shall be
    |
0025|     allowed to continue those work activities under the terms and
    |
0001|     conditions established by project forward.
    |
0002|          Section 19.  [<u>NEW MATERIAL</u>]  CHILD SUPPORT PASS
    |
0003|     THROUGH.--
    |
0004|     For any month that the department collects child support
    |
0005|     payments for a child that is a recipient of a cash grant or
    |
0006|     services under the Family Assistance and Individual
    |
0007|     Responsibility Act, the department shall make a payment of one
    |
0008|     hundred dollars ($100) to the parent or caretaker of that
    |
0009|     child.
    |
0010|          Section 20.  Section 27-3-3 NMSA 1978 (being Laws 1973,
    |
0011|     Chapter 256, Section 3, as amended) is amended to read:
    |
0012|          "27-3-3.  FAIR HEARING.--
    |
0013|               A.  An applicant for or recipient of assistance or
    |
0014|     services under any provisions of the Public Assistance Act,
    |
0015|     Social Security Act <s>[or]</s>, Special Medical Needs Act <u>or
</u>    |
<u></u>0016| <u>    Family Assistance and Individual Responsibility Act</u> or
    |
0017|     regulations of the board adopted pursuant to those acts may
    |
0018|     request a hearing in accordance with regulations of the board
    |
0019|     if:
    |
0020|                    (1)  an application is not acted upon within a
    |
0021|     reasonable time after the filing of the application; 
    |
0022|                    (2)  an application is denied in whole or in
    |
0023|     part; or
    |
0024|                    (3)  the assistance or services are modified,
    |
0025|     terminated or not provided.
    |
0001|          The department shall notify the recipient or applicant of
    |
0002|     his rights under this section.
    |
0003|               B.  The board shall by regulation establish
    |
0004|     procedures for the filing of a request for a hearing and the
    |
0005|     time limits within which a request may be filed; provided,
    |
0006|     however, that the department may grant reasonable extensions of
    |
0007|     the time limits.  If the request is not filed within the
    |
0008|     specified time for appeal or within whatever extension the
    |
0009|     department may grant, the department action shall be final. 
    |
0010|     Upon receipt of a timely request, the department shall give the
    |
0011|     applicant or recipient reasonable notice of an opportunity for
    |
0012|     a fair hearing in accordance with the regulations of the board.
    |
0013|               C.  The hearing shall be conducted by a hearing
    |
0014|     officer designated by the director.  The powers of the hearing
    |
0015|     officer shall include administering oaths or affirmations to
    |
0016|     witnesses called to testify, taking testimony, examining
    |
0017|     witnesses, admitting or excluding evidence and reopening any
    |
0018|     hearing to receive additional evidence. The technical rules of
    |
0019|     evidence and the rules of civil procedure shall not apply.  The
    |
0020|     hearing shall be conducted so that the contentions or defenses
    |
0021|     of each party to the hearing are amply and fairly presented.
    |
0022|     Either party may be represented by counsel or other
    |
0023|     representative of his designation, and he or his representative
    |
0024|     may conduct cross-examination.  Any oral or documentary
    |
0025|     evidence may be received, but the hearing officer may exclude
    |
0001|     irrelevant, immaterial or unduly repetitious evidence.
    |
0002|               D.  The director shall review the record of the
    |
0003|     proceedings and shall make a decision thereon.  The applicant
    |
0004|     or recipient or his representative shall be notified in writing
    |
0005|     of the director's decision and the reasons for the decision. 
    |
0006|     The written notice shall inform the applicant or recipient of
    |
0007|     his right to judicial review. The department shall be
    |
0008|     responsible for assuring that the decision is enforced."
    |
0009|          Section 21.  TEMPORARY PROVISION.--
    |
0010|               A.  Until eligibility determinations and cash grants
    |
0011|     are made pursuant to the Family Assistance and Individual
    |
0012|     Responsibility Act, the department shall continue aid to
    |
0013|     families with dependent children pursuant to the Public
    |
0014|     Assistance Act.  
    |
0015|               B.  Eligibility determinations and cash grants shall
    |
0016|     be made pursuant to the Family Assistance and Individual
    |
0017|     Responsibility Act effective on the first occurrence of:
    |
0018|                    (1)  the date that the secretary of the United
    |
0019|     States department of health and human services receives a plan
    |
0020|     from the department pursuant to Section 103 of P.L. 104-193; or
    |
0021|                    (2)  July 1, 1997.
    |
0022|          Section 22.  REPEAL.--Section 27-2-33 NMSA 1978 (being
    |
0023|     Laws 1937, Chapter 18, Section 21) is repealed.
    |
0024|                                                        FORTY-THIRD LEGISLATURE
    |
0025|                         FIRST SESSION, 1997
    |
0001|     
    |
0002|     
    |
0003|     
    |
0004|                                                  October 24, 1997
    |
0005|     
    |
0006|     
    |
0007|     SENATE FLOOR AMENDMENT number <u>      </u> to SENATE BILL 1198, as
    |
0008|     amended
    |
0009|     
    |
0010|     AMENDMENT sponsored by SENATOR BOITANO
    |
0011|     
    |
0012|          1.  On page 9, line 3, after the word "cruelty" insert:
    |
0013|     
    |
0014|               "if it is determined by a health professional or the
    |
0015|     courts         that it currently affects their ability to
    |
0016|     work".
    |
0017|     
    |
0018|     
    |
0019|                                          <u>                        
</u>    |
<u></u>0020| <u>          </u>
    |
0021|                                          Senator Mark Boitano
    |
0022|     
    |
0023|     
    |
0024|     
    |
0025|     Adopted <u>                       </u>    Not Adopted <u>           
</u>    |
<u></u>0001| <u>               </u>
    |
0002|                (Chief Clerk)                        (Chief
    |
0003|     Clerk)
    |
0004|     
    |
0005|     
    |
0006|                         Date <u>                            </u>
    |
0007|     
    |
0008|     
    |
0009|     
    |
0010|     
    |
0011|     S1198FS1
    |
0012|                            State of New Mexico
    |
0013|                      House of Representatives
    |
0014|   
    |
0015|                      FORTY-THIRD LEGISLATURE
    |
0016|                        FIRST SESSION, 1997
    |
0017|   
    |
0018|   
    |
0019|                                                  March 19, 1997
    |
0020|   
    |
0021|   
    |
0022|   Mr. Speaker:
    |
0023|   
    |
0024|        Your APPROPRIATIONS AND FINANCE COMMITTEE, to
    |
0025|   whom has been referred
    |
0001|   
    |
0002|                 SENATE BILL 1198, as amended
    |
0003|                               
    |
0004|   has had it under consideration and reports same with
    |
0005|   recommendation that it DO PASS, amended as follows:
    |
0006|   
    |
0007|        1.  On page 8, line 25, strike "For" and insert in lieu
    |
0008|   thereof "Effective July 1, 1998, for".
    |
0009|   
    |
0010|        2.  On page 9, line 1, strike "adopt".
    |
0011|   
    |
0012|        3.  On page 9, line 2, strike "regulations exempting" and
    |
0013|   insert in lieu thereof "take such steps necessary pursuant to the
    |
0014|   federal act to provide a good cause waiver of the limitation
    |
0015|   for".
    |
0016|   
    |
0017|        4.  On page 9, line 2, strike "unit" and insert in lieu
    |
0018|   thereof "group".
    |
0019|   
    |
0020|        5.  On page 12, line 16, strike "principle" and insert in
    |
0021|   lieu thereof "principal".
    |
0022|   
    |
0023|        6.  On page 14, line 17, before "work" insert "a program
    |
0024|   of".
    |
0025|   
    |
0001|        7.  On page 15, line 19, after the semicolon insert "or".
    |
0002|   
    |
0003|        8.  On page 15, line 21, strike "or".
    |
0004|   
    |
0005|        9.  On page 15, strike lines 22 and 23 in their entirety.
    |
0006|   
    |
0007|        10.  On page 16, line 9, strike "13" and insert in lieu
    |
0008|   thereof "14".
    |
0009|   
    |
0010|        11.  On page 18, line 3, before the semicolon insert the
    |
0011|   following:
    |
0012|   
    |
0013|   ", provided that the individual responsibility plan for a person
    |
0014|   over the age of twenty years shall include sufficient hours in an
    |
0015|   additional work activity that the department has determined will
    |
0016|   meet work activity participation requirements pursuant to the
    |
0017|   federal act".
    |
0018|   
    |
0019|        12.  On page 18, line 12, strike "and".
    |
0020|   
    |
0021|        13.  On page 18, line 15, strike the period and insert in
    |
0022|   lieu thereof "; and".
    |
0023|   
    |
0024|        14.  On page 18, between lines 15 and 16, insert the
    |
0025|   following:
    |
0001|   
    |
0002|                       "(d)  the plan includes sufficient hours in
    |
0003|   an additional work activity that the department has determined
    |
0004|   will meet work activity participation requirements pursuant to
    |
0005|   the federal act.".
    |
0006|   
    |
0007|        15.  On page 18, between lines 24 and 25, insert the
    |
0008|   following:
    |
0009|   
    |
0010|             "D.  The department may sanction or impose financial
    |
0011|   penalties on a recipient for failure to comply with the
    |
0012|   provisions of an individual responsibility plan and may terminate
    |
0013|   assistance or services to a family assistance group if a
    |
0014|   recipient refuses to enter an individual responsibility plan as
    |
0015|   provided in Subsection A of this section.".
    |
0016|   
    |
0017|        16.  On page 20, between lines 2 and 3, insert the
    |
0018|   following:
    |
0019|   
    |
0020|             "A.  Subject to the provisions of Subsections B and C
    |
0021|   of this section, the department may impose financial penalties or
    |
0022|   sanctions on, and may terminate assistance or services to, a
    |
0023|   recipient or a family assistance group for failure of the
    |
0024|   recipient or family assistance group to comply with requirements
    |
0025|   of the Family Assistance and Individual Responsibility Act.".
    |
0001|   
    |
0002|        17.  Reletter the succeeding subsections accordingly.
    |
0003|   
    |
0004|        18.  On page 20, line 4, after "for" insert "a single act
    |
0005|   of".
    |
0006|   
    |
0007|                                 Respectfully submitted,
    |
0008|   
    |

0009|   
    |
0010|   
    |
0011|                                                               <u>                                
</u>    |
<u></u>0012| <u>                                </u>
    |
0013|                                                               Max Coll, Chairman
    |
0014|   
    |
0015|   
    |
0016|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0017| <u>   </u>
    |
0018|             (Chief Clerk)                       (Chief Clerk)
    |
0019|   
    |
0020|                        Date <u>            </u>
    |
0021|   
    |
0022|   The roll call vote was <u> 9 </u> For <u> 7 </u> Against
    |
0023|   Yes:      9
    |
0024|             No:       Bird, Buffett, Knowles, Marquardt, Pearce, Townsend,
    |
0025|             Wallace
    |
0001|             Excused:  Picraux
    |
0002|             Absent:   None
    |
0003|   
    |
0004|   
    |
0005|   .119161.1ms
    |
0006|   G:\BILLTEXT\BILLW_97\S1198
    |