0001| | 0002| | 0003| SENATE BILL 46 | 0004| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0005| INTRODUCED BY | 0006| MARY JANE M. GARCIA | 0007| | 0008| | 0009| FOR THE WELFARE REFORM SUBCOMMITTEE AND THE HEALTH AND | 0010| WELFARE REFORM COMMITTEE | 0011| | 0012| AN ACT | 0013| RELATING TO PUBLIC ASSISTANCE; ENACTING THE NEW MEXICO WORKS | 0014| ACT; AMENDING, REPEALING AND ENACTING CERTAIN SECTIONS OF THE | 0015| NMSA 1978; DECLARING AN EMERGENCY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0019| through 19 of this act may be cited as the "New Mexico Works | 0020| Act". | 0021| Section 2. [NEW MATERIAL] LEGISLATIVE FINDINGS-- | 0022| PURPOSE OF ACT.-- | 0023| A. The legislature finds that: | 0024| (1) the poverty rate in New Mexico is the | 0025| highest in the nation and has exceeded more than twenty | - 1 - 0001| percent of the population for most of the past twenty-five | 0002| years; | 0003| (2) having a job does not provide a guarantee | 0004| of avoiding poverty as demonstrated by the high percentage of | 0005| persons in the civilian labor force over sixteen years of age | 0006| with reported incomes in 1989 that were below the poverty | 0007| level; and | 0008| (3) the diversity of the state, with its | 0009| residents living in rural and metropolitan areas, reservations | 0010| and border areas, requires the state to adjust state policies | 0011| governing economic and social programs for the poor and the | 0012| working poor to reflect the particular needs of particular | 0013| locales, not just to create a generic one-size-fits-all | 0014| program. | 0015| B. The legislature finds that education and | 0016| training are essential to long-term career development. | 0017| C. The legislature finds that employment improves | 0018| the quality of life for parents and children by increasing | 0019| family income, developing the discipline necessary for self- | 0020| sufficiency and improving self-esteem, and thus, it is in the | 0021| public interest to fundamentally alter the state's financial | 0022| assistance program for needy families with children so both | 0023| cash and services, including education, job training, child | 0024| care and transportation provided in accordance with the New | 0025| Mexico Works Act assist recipients to obtain and keep | - 2 - 0001| employment that is sufficient to sustain their families, | 0002| ensure the dignity of those who receive assistance and | 0003| strengthen families and families' support for their children. | 0004| D. The legislature finds that although most New | 0005| Mexicans want to work, and in fact New Mexico has been cited | 0006| as a "like to work" state, not all families can move quickly | 0007| into the labor force and that regular assessments and key | 0008| intervention and follow-up can help persons connect to the | 0009| work force to obtain meaningful work and achieve self- | 0010| sufficiency. | 0011| E. The purpose of the New Mexico Works Act is to | 0012| increase family income through family employment and child | 0013| support and, by viewing financial assistance as a support | 0014| service to enable and assist parents to participate in | 0015| employment rather than as an entitlement, to enable New Mexico | 0016| to change the culture of the welfare office, both on the part | 0017| of the department and on the part of the recipients, so that | 0018| all parties can focus on addressing the barriers to | 0019| participation in work activities and putting New Mexicans to | 0020| work. | 0021| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in | 0022| the New Mexico Works Act: | 0023| A. "benefit group" means a group of people that | 0024| includes at least one dependent child living with a parent, | 0025| legal guardian or relative within the fifth degree of | - 3 - 0001| consanguinity or a pregnant woman; | 0002| B. "cash assistance" means cash payments funded by | 0003| the temporary assistance for needy families block grant | 0004| pursuant to the federal act and state funds; | 0005| C. "department" means the human services | 0006| department; | 0007| D. "dependent child" means a natural or adopted | 0008| child or ward who is eighteen years of age or younger; | 0009| E. "director" means the director of the income | 0010| support division of the department; | 0011| F. "earned income" includes cash or payment in | 0012| kind that is received as wages from employment or payment in | 0013| lieu of wages, earnings from self-employment or earnings | 0014| acquired from the direct provision of services, goods or | 0015| property, production of goods, management of property or | 0016| supervision of services and all other income not classified as | 0017| unearned income; | 0018| G. "federal act" means the federal Social Security | 0019| Act and rules promulgated pursuant to the Social Security Act; | 0020| H. "federal poverty guidelines" means the level of | 0021| income defining poverty by family size published annually in | 0022| the federal register by the United States department of health | 0023| and human services; | 0024| I. "household group" means a group, including the | 0025| benefit group, of people who live together in a household | - 4 - 0001| regardless of whether they are related or have a legal support | 0002| responsibility for a member of the benefit group, but does not | 0003| include: | 0004| (1) landlords; | 0005| (2) tenants; or | 0006| (3) members of a registered nonprofit | 0007| organization or church who provide shelter to a benefit group | 0008| through a program sponsored by the nonprofit organization or | 0009| church; | 0010| J. "immigrant" means alien as defined in the | 0011| federal act; | 0012| K. "landlord" means the owner of an estate in land | 0013| or a rental property who has leased it to another person | 0014| called the tenant; | 0015| L. "parent" means natural parent, adoptive parent, | 0016| stepparent or legal guardian; | 0017| M. "participant" means a recipient of cash | 0018| assistance or services or a member of a benefit group who has | 0019| reached the age of majority; | 0020| N. "person" means an individual; | 0021| O. "secretary" means the secretary of the | 0022| department; | 0023| P. "services" includes child care assistance; | 0024| payment for employment-related transportation costs; job | 0025| search assistance; employment counseling; employment, | - 5 - 0001| education and job training placement; one-time payment for | 0002| necessary employment-related costs; case management or other | 0003| activities whose purpose is to assist transition into | 0004| employment; | 0005| Q. "tenant" means a person who pays rent for the | 0006| use and occupancy of real property owned by a landlord; and | 0007| R. "unearned income" includes old age, survivors | 0008| and disability insurance; railroad retirement benefits; | 0009| veterans administration compensation or pension; military | 0010| retirement; pensions, annuities and retirement benefits; | 0011| lodge or fraternal benefits; shared shelter payments; | 0012| settlement payments; individual Indian money; and similar | 0013| kinds of income. | 0014| Section 4. [NEW MATERIAL] APPLICATION--RESOURCE | 0015| PLANNING SESSION--INDIVIDUAL RESPONSIBILITY PLANS-- | 0016| PARTICIPATION AGREEMENT--REVIEW PERIODS.-- | 0017| A. Application for cash assistance or services | 0018| shall be made to the department's county office in the county | 0019| or district in which an applicant resides. The application | 0020| shall be in writing or reduced to writing in the manner and on | 0021| the form prescribed by the department. The application shall | 0022| be made under oath by an applicant having custody of a | 0023| dependent child and shall contain a statement of the age of | 0024| the child, residence, a complete statement of the amount of | 0025| property in which the applicant has an interest, a statement | - 6 - 0001| of all income that he and other household group members have | 0002| at the time of the filing of the application and other | 0003| information required by the department. | 0004| B. Application for expedited food stamps shall be | 0005| made to the department's county office in the county or | 0006| district in which an applicant resides. The department shall | 0007| process the application for expedited food stamps within | 0008| twenty-four hours after the application is made. | 0009| C. At the time of application for cash assistance | 0010| and services, an applicant shall identify household group | 0011| members who are to be counted in the benefit group. Once an | 0012| application is approved, the participant shall advise the | 0013| department if there are any changes in the membership of the | 0014| household group or benefit group. | 0015| D. No later than forty-five days after an | 0016| application is filed, the department shall provide to an | 0017| applicant a resource planning session to ascertain his | 0018| immediate needs, assess financial and nonfinancial options, | 0019| make referrals and act on the application. | 0020| E. No later than five days after an application is | 0021| approved, the department shall provide reimbursement for child | 0022| care. | 0023| F. Whenever the department receives an application | 0024| for assistance, a verification and record of the applicant's | 0025| circumstances shall promptly be made to ascertain the facts | - 7 - 0001| supporting the application and to obtain other information | 0002| required by the department. The verification may include a | 0003| visit to the home of the applicant, as long as the department | 0004| gives adequate prior notice of the visit to the applicant. | 0005| G. Within fifteen days after an application is | 0006| approved, the department shall assess the education, skills, | 0007| prior work experience and employability of the participant. | 0008| H. After the initial assessment of skills, the | 0009| department shall work with the participant to develop an | 0010| individual responsibility plan that: | 0011| (1) sets forth an employment goal for the | 0012| participant and a plan for moving the participant into | 0013| employment; | 0014| (2) sets forth obligations of the participant | 0015| that may include a requirement that the participant attend | 0016| school, maintain certain grades and attendance, keep his | 0017| school-age children in school, immunize his children or engage | 0018| in other activities that will help the participant become and | 0019| remain employed; | 0020| (3) is designed to the greatest extent | 0021| possible to move the participant into whatever employment the | 0022| participant is capable of handling and to provide additional | 0023| services as necessary to increase the responsibility and | 0024| amount of work the participant will handle over time; | 0025| (4) describes the services the department may | - 8 - 0001| provide so that the participant may obtain and keep | 0002| employment; and | 0003| (5) may require the participant to undergo | 0004| appropriate substance abuse treatment. | 0005| I. The participant and a representative of the | 0006| department shall sign the participant's individual | 0007| responsibility plan. | 0008| J. The participant shall also sign a participation | 0009| agreement that designates the number of hours that he must | 0010| participate in work activities to meet participation | 0011| standards. | 0012| K. The department shall review the current | 0013| financial eligibility of a benefit group when the department | 0014| reviews food stamp eligibility. | 0015| L. The department shall meet semi-annually with a | 0016| participant to review and revise his individual responsibility | 0017| plan. | 0018| M. The department shall develop a complaint | 0019| procedure to address issues pertinent to the delivery of | 0020| services and other issues relating to a participant's | 0021| individual responsibility plan. | 0022| Section 5. [NEW MATERIAL] WORK REQUIREMENTS--WORK | 0023| PARTICIPATION RATES--WORK ACTIVITIES DISREGARDS.-- | 0024| A. The following qualify as work activities: | 0025| (1) unsubsidized employment; | - 9 - 0001| (2) subsidized private sector employment; | 0002| (3) subsidized public sector employment; | 0003| (4) work experience, including work | 0004| associated with the refurbishing of publicly assisted housing | 0005| if sufficient private sector employment is not available; | 0006| (5) on-the-job training; | 0007| (6) job search and job readiness assistance, | 0008| as long as the department complies with the federal act; | 0009| (7) community service programs; | 0010| (8) vocational education, except that | 0011| vocational education shall not qualify as a work activity for | 0012| longer than is provided by the federal act; | 0013| (9) job skills training activities directly | 0014| related to employment; | 0015| (10) education directly related to employment | 0016| for a participant who has not received a high school diploma | 0017| or a certificate of high school equivalency; | 0018| (11) satisfactory attendance at a secondary | 0019| school or course of study leading to a certificate of general | 0020| equivalency in the case of a participant who has not completed | 0021| secondary school or received such a certificate; and | 0022| (12) the provision of child care services to | 0023| a participant who is participating in a community service | 0024| program. | 0025| B. The department may not require a participant to | - 10 - 0001| work more than four hours per week over the work requirement | 0002| rate set pursuant to the federal act. | 0003| C. The department shall require a parent, | 0004| caretaker or other adult who is a member of a benefit group to | 0005| engage in a work activity once the department determines he is | 0006| ready to engage in a work activity or once he has received | 0007| cash assistance or services for twenty-four months or as | 0008| otherwise required by the federal act, whether or not | 0009| consecutive, whichever is earlier. | 0010| D. The following qualify as temporary alternative | 0011| work activities that the department may establish for no | 0012| longer than twelve weeks except as otherwise provided: | 0013| (1) participating in parenting classes, money | 0014| management classes or life skills training; | 0015| (2) participating in a certified alcohol or | 0016| drug addiction program; | 0017| (3) in the case of a homeless benefit group, | 0018| finding a home; | 0019| (4) in the case of a participant who is a | 0020| victim of domestic violence residing in a domestic violence | 0021| shelter, receiving counseling or treatment or participating in | 0022| criminal justice activities directed at prosecuting the | 0023| domestic violence perpetrator, for no longer than twenty-four | 0024| weeks; and | 0025| (5) in the case of a participant who does not | - 11 - 0001| speak English, participating in a course in English as a | 0002| second language. | 0003| E. Subject to the availability of funds, the | 0004| department in cooperation with the department of labor and | 0005| other appropriate state agencies may develop projects to | 0006| provide for the placement of participants in work activities, | 0007| including the following: | 0008| (1) participating in unpaid internships with | 0009| private and government entities; | 0010| (2) refurbishing publicly assisted housing; | 0011| (3) volunteering at a head start program or a | 0012| school; | 0013| (4) weatherizing low-income housing; and | 0014| (5) restoring public sites and buildings, | 0015| including monuments, parks, fire stations, police buildings, | 0016| jails, libraries, museums, auditoriums, convention halls, | 0017| hospitals, buildings for administrative offices and city | 0018| halls. | 0019| F. If a participant is engaged in full-time post- | 0020| secondary education studies or an activity set out in | 0021| Paragraphs 9 through 11 of Subsection A of this section, the | 0022| participant shall engage in another work activity at the same | 0023| time. Additionally, for two-parent families that receive | 0024| federally funded child care assistance, the participant's | 0025| spouse shall engage in a work activity set out in Paragraphs | - 12 - 0001| (1) through (5) or (7) of Subsection A of this section unless | 0002| the participant suffers from a temporary or complete | 0003| disability that bars him from engaging in a work activity or | 0004| he is barred from engaging in a work activity because he | 0005| provides sole care for a disabled person. | 0006| G. A participant engaged in post-secondary | 0007| education studies shall make reasonable efforts to obtain a | 0008| loan, scholarship, grant or other assistance to pay for costs | 0009| and tuition and the department shall disregard those amounts | 0010| in the eligibility determination. | 0011| H. For as long as the described conditions exist, | 0012| the following are exempt from the work requirement: | 0013| (1) a participant barred from engaging in a | 0014| work activity because he is temporarily or completely | 0015| disabled; | 0016| (2) a participant over age sixty; | 0017| (3) a participant barred from engaging in a | 0018| work activity because he provides the sole care for a disabled | 0019| person; | 0020| (4) a single custodial parent caring for a | 0021| child less than twelve months old for a lifetime total of | 0022| twelve months; | 0023| (5) a single custodial parent caring for a | 0024| child under six years of age if the parent is unable to obtain | 0025| child care for one or more of the following reasons: | - 13 - 0001| (a) unavailability of appropriate child | 0002| care within a reasonable distance from the parent's home or | 0003| work as defined by the children, youth and families | 0004| department; | 0005| (b) unavailability or unsuitability of | 0006| informal child care by a relative under other arrangements as | 0007| defined by the children, youth and families department; or | 0008| (c) unavailability of appropriate and | 0009| affordable formal child care arrangements as defined by the | 0010| children, youth and families department; | 0011| (6) a pregnant woman during her last | 0012| trimester of pregnancy; | 0013| (7) a participant prevented from working by a | 0014| temporary emergency or a situation that precludes work | 0015| participation for thirty days or less; | 0016| (8) a participant who demonstrates by | 0017| reliable medical, psychological or mental reports, court | 0018| orders or police reports that family violence or threat of | 0019| family violence effectively bars the participant from | 0020| employment; and | 0021| (9) a participant who demonstrates good cause | 0022| of the need for the exemption. | 0023| Section 6. [NEW MATERIAL] DURATIONAL LIMITS.-- | 0024| A. Pursuant to the federal act, on or after July | 0025| 1, 1997 a participant may receive federally funded cash | - 14 - 0001| assistance and services for up to sixty months. | 0002| B. During a participant's fourth, sixth and eighth | 0003| semi-annual reviews, the department shall examine the | 0004| participant's progress to determine if the participant has | 0005| successfully completed an educational or training program or | 0006| increased the number of hours he is working as required by the | 0007| federal act. The department may refer the participant to | 0008| alternative work activities or provide additional services to | 0009| address possible barriers to employment facing the | 0010| participant. | 0011| C. Up to twenty percent of the population of | 0012| participants may be exempted from the sixty-month durational | 0013| limit set out in Subsection A of this section because of | 0014| hardship or because those participants are battered or subject | 0015| to extreme cruelty. | 0016| D. For the purposes of this section, a participant | 0017| has been battered or subjected to extreme cruelty if he can | 0018| demonstrate by reliable medical, psychological or mental | 0019| reports, court orders or police reports that he has been | 0020| subjected to and currently is affected by: | 0021| (1) physical acts that result in physical | 0022| injury; | 0023| (2) sexual abuse; | 0024| (3) being forced to engage in nonconsensual | 0025| sexual acts or activities; | - 15 - 0001| (4) threats or attempts at physical or sexual | 0002| abuse; | 0003| (5) mental abuse; or | 0004| (6) neglect or deprivation of medical care | 0005| except when the deprivation is based by mutual consent on | 0006| religious grounds. | 0007| E. For the purposes of this section, a hardship | 0008| exception applies to a person who demonstrates through | 0009| reliable medical, psychological or mental reports, court | 0010| orders or police reports that he is a person: | 0011| (1) who is barred from engaging in a work | 0012| activity because he is temporarily or completely disabled; | 0013| (2) who is the sole provider of home care to | 0014| an ill or disabled family member; or | 0015| (3) whose ability to be gainfully employed is | 0016| affected by domestic violence. | 0017| F. Pursuant to the federal act the department | 0018| shall not count a month of receipt of cash assistance or | 0019| services toward the sixty-month durational limit if during the | 0020| time of receipt the participant: | 0021| (1) was a minor and was not the head of a | 0022| household or married to the head of a household; or | 0023| (2) lived in Indian country, as defined in | 0024| the federal act, with a population of at least one thousand | 0025| and at least fifty percent of the adults living in Indian | - 16 - 0001| country were unemployed. | 0002| Section 7. [NEW MATERIAL] FINANCIAL STANDARD OF | 0003| NEED.-- | 0004| A. The secretary shall adopt a financial standard | 0005| of need based upon the availability of federal and state funds | 0006| and based upon appropriations by the legislature of the | 0007| available federal temporary assistance for needy families | 0008| grant made pursuant to the federal act in the following | 0009| categories: | 0010| (1) cash assistance; | 0011| (2) child care services; | 0012| (3) other services; and | 0013| (4) administrative costs. | 0014| The legislature shall determine the actual percentage of each | 0015| category to be used annually of the federal temporary | 0016| assistance for needy families grant made pursuant to the | 0017| federal act. | 0018| B. The cash benefit level for a benefit group not | 0019| living in government-subsidized housing or receiving | 0020| government-subsidized housing payments shall be increased by | 0021| one hundred dollars ($100) per month. | 0022| C. The following income sources are exempt from | 0023| the gross income test, the net income test and the cash | 0024| payment calculation: | 0025| (1) medicaid; | - 17 - 0001| (2) food stamps; | 0002| (3) government-subsidized foster care and | 0003| adoption payments; | 0004| (4) supplemental security income; | 0005| (5) government-subsidized housing or housing | 0006| payments; | 0007| (6) federally excluded income; | 0008| (7) educational payments made directly to an | 0009| educational institution; | 0010| (8) government-subsidized child care; | 0011| (9) earned and unearned income that belongs | 0012| to a person eighteen years of age or younger who is not the | 0013| head of household; | 0014| (10) for the first two years of receiving | 0015| cash assistance or services, if a participant works over the | 0016| work requirement rate set by the department pursuant to the | 0017| New Mexico Works Act, one hundred percent of the income earned | 0018| by the participant beyond that rate; | 0019| (11) for the first two years of receiving | 0020| cash assistance or services, for a two-parent benefit group in | 0021| which one parent works over thirty-five hours per week and the | 0022| other works over twenty-four hours per week, the department | 0023| shall disregard one hundred percent of income earned by each | 0024| participant beyond the work requirement rate set by the | 0025| department; | - 18 - 0001| (12) unearned income that belongs to the | 0002| household group but not to the benefit group; and | 0003| (13) other income sources as determined by | 0004| the department. | 0005| D. Earned income over one hundred thirty percent | 0006| of the federal poverty guidelines that belongs to the | 0007| household group but not to the benefit group is countable | 0008| income. The department shall count the entire household group | 0009| to determine family size when applying the federal poverty | 0010| guidelines. | 0011| E. The department shall count the entire household | 0012| group to determine family size when applying the financial | 0013| standard of need. For a benefit group to be eligible to | 0014| participate: | 0015| (1) gross countable earned income that | 0016| belongs to the household group but not to the benefit group | 0017| must not exceed one hundred eighty-five percent of the | 0018| financial standard of need; and | 0019| (2) net countable earned income that belongs | 0020| to the household group must not equal or exceed the financial | 0021| standard of need after applying the disregards set out in | 0022| Paragraphs (1) through (5) of Subsection F of this section. | 0023| F. Subject to the availability of state and | 0024| federal funds, the department shall determine the cash payment | 0025| of the benefit group by applying the following disregards to | - 19 - 0001| the benefit group's earned gross income: | 0002| (1) one hundred fifty dollars ($150) of | 0003| monthly earned income and one-half of the remainder, or for a | 0004| two-parent family, two hundred fifty dollars ($250) of monthly | 0005| earned income and one-half of the remainder for each parent; | 0006| (2) monthly payments made for child care at a | 0007| maximum of two hundred dollars ($200) for a child under two | 0008| years of age and at a maximum of one hundred seventy-five | 0009| dollars ($175) for a child two years of age or older; | 0010| (3) costs of self-employment income; | 0011| (4) business expenses; and | 0012| (5) fifty dollars ($50.00) collected child | 0013| support passed through to the participant by the department's | 0014| child support enforcement program; | 0015| and then subtracting that amount from the financial standard | 0016| of need. | 0017| G. The department may recover overpayments of cash | 0018| assistance on a monthly basis not to exceed fifteen percent of | 0019| the financial standard of need applicable to the benefit | 0020| group. | 0021| Section 8. [NEW MATERIAL] RESOURCES.-- | 0022| A. Liquid and nonliquid resources owned by the | 0023| household group but not by the benefit group shall not be | 0024| counted in the eligibility determination. | 0025| B. A benefit group may at a maximum own the | - 20 - 0001| following resources: | 0002| (1) two thousand dollars ($2,000) in nonliquid | 0003| resources; | 0004| (2) one thousand five hundred dollars ($1,500) | 0005| in liquid resources; | 0006| (3) the value of the principal residence of | 0007| the participant; | 0008| (4) the value of burial plots and funeral | 0009| contracts for family members; | 0010| (5) individual development accounts; | 0011| (6) the value of work-related equipment up to | 0012| one thousand dollars ($1,000); | 0013| (7) in areas without public transportation, | 0014| the value of one motor vehicle for each participant engaged in | 0015| a work activity; and | 0016| (8) in areas with public transportation, the | 0017| value of one motor vehicle. | 0018| Section 9. [NEW MATERIAL] MANDATORY SCHOOL | 0019| ATTENDANCE.--If a minor member of a benefit group has three | 0020| unexcused absences from school during a grading period, his | 0021| parent shall notify the department of the absences within | 0022| fourteen days. The department may impose a sanction on the | 0023| benefit group that reduces the cash assistance by the amount | 0024| the minor member would otherwise receive only after the | 0025| department refers the minor member to the appropriate state | - 21 - 0001| agency, counselor or community program for appropriate | 0002| resolution of the attendance problem. | 0003| Section 10. [NEW MATERIAL] INDIVIDUAL DEVELOPMENT | 0004| ACCOUNTS.-- | 0005| A. A participant may establish an individual | 0006| development account. | 0007| B. A participant or a person on the participant's | 0008| behalf may contribute to an individual development account; | 0009| provided the participant first establishes a savings account | 0010| not to exceed one thousand five hundred dollars ($1,500). | 0011| C. An individual development account shall be | 0012| organized as a trust. The department shall by rule establish | 0013| the form, substance and procedure by which the trust shall be | 0014| established. | 0015| D. Individual development accounts shall be used | 0016| only for: | 0017| (1) post-secondary education for dependents; | 0018| (2) purchase of a principal residence for a | 0019| first-time homebuyer; or | 0020| (3) business capitalization. | 0021| E. Upon establishing an individual development | 0022| account, the participant shall declare the purposes for the | 0023| account. | 0024| F. If the declared purpose of an individual | 0025| development account is for the purchase of a principal | - 22 - 0001| residence for a first-time homebuyer, the amount used for that | 0002| purpose shall be limited to one thousand five hundred dollars | 0003| ($1,500). | 0004| G. Money in an individual development account | 0005| shall only be disbursed to an educational institution, to a | 0006| person due money for a principal residence or to a business | 0007| capitalization account. | 0008| H. A participant shall contribute only earned | 0009| income to an individual development account. | 0010| Section 11. [NEW MATERIAL] INELIGIBILITY.-- | 0011| A. The following are ineligible to be members of a | 0012| benefit group: | 0013| (1) an inmate or patient of a nonmedical | 0014| institution; | 0015| (2) a person who, in the two years preceding | 0016| application, assigned or transferred real property unless he: | 0017| (a) received or receives a reasonable | 0018| return; | 0019| (b) attempted to or attempts to receive | 0020| a reasonable return; or | 0021| (c) attempted to or attempts to regain | 0022| title to the real property; | 0023| (3) a minor unmarried parent who has not | 0024| successfully completed a high school education and who has a | 0025| child at least twelve weeks of age in his care unless the | - 23 - 0001| minor unmarried parent: | 0002| (a) participates in educational | 0003| activities directed toward the attainment of a high school | 0004| diploma or its equivalent; or | 0005| (b) participates in an alternative | 0006| educational or training program that has been approved by the | 0007| department; | 0008| (4) a minor unmarried parent who is not | 0009| residing in a place of residence maintained by his parent, | 0010| legal guardian or other adult relative unless the department: | 0011| (a) refers or locates the minor | 0012| unmarried parent to a second-chance home, maternity home or | 0013| other appropriate adult-supervised supportive living | 0014| arrangement, taking into account the needs and concerns of the | 0015| minor unmarried parent; | 0016| (b) determines that the minor unmarried | 0017| parent has no parent, legal guardian or other appropriate | 0018| adult relative who is living or whose whereabouts are known; | 0019| (c) determines that a minor unmarried | 0020| parent is not allowed to live in the home of a living parent, | 0021| legal guardian or other appropriate adult relative; | 0022| (d) determines that the minor unmarried | 0023| parent is or has been subjected to serious physical or | 0024| emotional harm, sexual abuse or exploitation in the home of | 0025| the parent, legal guardian or other appropriate adult | - 24 - 0001| relative; | 0002| (e) finds that substantial evidence | 0003| exists of an act or a failure to act that presents an imminent | 0004| or serious harm to the minor unmarried parent and the child of | 0005| the minor unmarried parent if they live in the same residence | 0006| with the parent, legal guardian or other appropriate adult | 0007| relative; or | 0008| (f) determines that it is in the best | 0009| interest of the unmarried minor parent to waive this | 0010| requirement; | 0011| (5) a minor child who has been absent or is | 0012| expected to be absent from the home for forty-five days; | 0013| (6) a person who does not provide a social | 0014| security number or who refuses to apply for one; | 0015| (7) a person who is not a resident of New | 0016| Mexico; | 0017| (8) a person who fraudulently misrepresented | 0018| residency to receive assistance in two or more states | 0019| simultaneously except that such person shall be ineligible | 0020| only for ten years; | 0021| (9) for five years following the date of | 0022| release from any federal or state prison or county jail or | 0023| following the date of completion of the terms of probation, a | 0024| person convicted of a drug-related felony on or after August | 0025| 22, 1996; however, the cash assistance of the other members of | - 25 - 0001| his assistance group shall be reduced only by the amount to | 0002| which he otherwise would be entitled; | 0003| (10) a person who is a fleeing felon or a | 0004| probation and parole violator; | 0005| (11) a person concurrently receiving | 0006| supplemental security income, tribal temporary assistance for | 0007| needy families, bureau of Indian affairs general assistance or | 0008| adoption subsidies; and | 0009| (12) unless he demonstrates good cause, a | 0010| parent who does not assist the department in establishing | 0011| paternity or obtaining child support or who does not assign | 0012| support rights to New Mexico as required pursuant to the | 0013| federal act. | 0014| B. At the time of application, a participant shall | 0015| state in writing whether he or another member of the benefit | 0016| group has been convicted on or after August 22, 1996 of a | 0017| drug-related felony. | 0018| C. A person convicted of a drug-related felony may | 0019| be eligible to receive services if the department in | 0020| consultation with the corrections department determines that | 0021| services would enhance his rehabilitation and employment | 0022| success. | 0023| D. For the purposes of this section, "second- | 0024| chance home" means an entity that provides a supportive and | 0025| supervised living arrangement to a minor unmarried parent | - 26 - 0001| where the minor unmarried parent is required to learn | 0002| parenting skills including child development, family | 0003| budgeting, health and nutrition and other skills to promote | 0004| long-term economic independence and the well-being of | 0005| children. | 0006| Section 12. [NEW MATERIAL] SERVICES.--Subject to the | 0007| availability of federal and state funds, a group of people | 0008| that includes at least one dependent child living with a | 0009| parent, legal guardian or relative within the fifth degree of | 0010| consanguinity or a pregnant woman who is not receiving cash | 0011| assistance but has an income less than one hundred percent of | 0012| the federal poverty guidelines may be eligible to receive | 0013| services. | 0014| Section 13. [NEW MATERIAL] FAIR HEARING--REVIEW AND | 0015| APPEAL.-- | 0016| A. A participant may request a hearing if: | 0017| (1) an application is not acted on within a | 0018| reasonable time after the filing of the application; | 0019| (2) an application is denied in whole or in | 0020| part; or | 0021| (3) the cash assistance or services are | 0022| modified, terminated or not provided. | 0023| B. The department shall notify the participant of | 0024| his rights under this section. | 0025| C. The department shall by rule establish | - 27 - 0001| procedures for the filing of a request for a hearing and the | 0002| time limits within which a request may be filed; provided, | 0003| however, that the department may grant reasonable extensions | 0004| of the time limits. If the request is filed in a timely | 0005| manner, cash assistance and services shall be provided until | 0006| the appeal is resolved. If the request is not filed within | 0007| the specified time for appeal or within whatever extension the | 0008| department may grant, the department action shall be final. | 0009| Upon receipt of a timely request, the department shall give | 0010| the participant reasonable notice of an opportunity for a fair | 0011| hearing in accordance with the rules of the department. | 0012| D. The hearing shall be conducted by a hearing | 0013| officer designated by the director. The powers of the hearing | 0014| officer shall include administering oaths or affirmations to | 0015| witnesses called to testify, taking testimony, examining | 0016| witnesses, admitting or excluding evidence and reopening a | 0017| hearing to receive additional evidence. The technical rules | 0018| of evidence and the rules of civil procedure shall not apply. | 0019| The hearing shall be conducted so that the contentions or | 0020| defenses of each party to the hearing are amply and fairly | 0021| presented. Either party may be represented by counsel or | 0022| other representative of his designation, and he or his | 0023| representative may conduct cross-examination. Oral or | 0024| documentary evidence may be received but the hearing officer | 0025| may exclude irrelevant, immaterial or unduly repetitious | - 28 - 0001| evidence. | 0002| E. The director shall review the record of the | 0003| proceedings and shall make his decision on the record. The | 0004| participant 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 participant of his right | 0007| to judicial review. The department shall be responsible for | 0008| ensuring that the decision is enforced. | 0009| F. Within thirty days after receiving written | 0010| notice of the decision of the director, a participant may file | 0011| a notice of appeal with the court of appeals together with a | 0012| copy of the notice of the decision. The clerk of the court | 0013| shall transmit a copy of the notice of appeal to the director. | 0014| G. The filing of a notice of appeal shall not stay | 0015| the enforcement of the decision of the director, but the | 0016| department may grant, or the court upon motion and good cause | 0017| shown may order, a stay. | 0018| H. Within twenty days after receipt of the notice | 0019| of appeal, the department shall file with the clerk of the | 0020| court three copies and furnish to the appellant one copy of | 0021| the written transcript of the record of the proceedings. | 0022| I. If, before the date set for argument, | 0023| application is made to the court for leave to present | 0024| additional evidence and the court is satisfied that the | 0025| additional evidence is material and there was good reason for | - 29 - 0001| not presenting it in the hearing, the court may order the | 0002| additional evidence taken before the department. If the | 0003| application to present additional evidence is filed by the | 0004| department and is approved by the court, the department's | 0005| decision that is being appealed shall be stayed. The director | 0006| may modify his findings and decision by reason of the | 0007| additional evidence and shall file with the court a transcript | 0008| of the additional evidence together with any modified or new | 0009| findings or decision. | 0010| J. The review of the court shall be made upon the | 0011| decision and the record of the proceedings. | 0012| K. The court shall set aside a decision and order | 0013| of the director only if found to be: | 0014| (1) arbitrary, capricious or an abuse of | 0015| discretion; | 0016| (2) not supported by substantial evidence in | 0017| the record as a whole; or | 0018| (3) otherwise not in accordance with law. | 0019| L. The department shall not authorize or allow | 0020| expenditures for the affected programs in excess of the | 0021| amounts previously appropriated by the legislature. | 0022| Section 14. [NEW MATERIAL] SANCTIONS.-- | 0023| A. The department shall sanction a member of the | 0024| benefit group for noncompliance with work requirements and | 0025| child support requirements. | - 30 - 0001| B. The sanction shall be applied at the following | 0002| levels: | 0003| (1) twenty-five percent reduction of cash | 0004| assistance for the first occurrence of noncompliance; | 0005| (2) fifty percent reduction of cash | 0006| assistance for the second occurrence of noncompliance; and | 0007| (3) termination of cash assistance and | 0008| ineligibility to reapply for six months for the third | 0009| occurrence of noncompliance. | 0010| C. Prior to imposing the first sanction, if the | 0011| department determines that a participant is not complying with | 0012| the work participation requirement or child support | 0013| requirements, the participant shall be required to enter into | 0014| a conciliation process to address the noncompliance and to | 0015| identify good cause for noncompliance. The conciliation | 0016| process shall occur only once prior to the imposition of the | 0017| sanction. If the participant fails to participate in the | 0018| conciliation process within ten days of receiving notice, the | 0019| sanction shall be imposed. | 0020| D. Reestablishing compliance will allow full | 0021| payment to resume. | 0022| E. Within ten days of a failure to comply with a | 0023| requirement, a notice of action shall be mailed to the | 0024| participant. A participant is in sanction status when the | 0025| notice of action is mailed. The sanction is imposed on the | - 31 - 0001| first day of the month following the month in which the notice | 0002| of action is mailed to the participant. | 0003| F. Noncompliance with reporting requirements may | 0004| subject a participant to other sanctions. | 0005| Section 15. [NEW MATERIAL] MEDICAID ELIGIBILITY.--The | 0006| following are eligible for medicaid: | 0007| A. a benefit group that meets the requirements of | 0008| New Mexico's aid to families with dependent children as they | 0009| existed on July 16, 1996; | 0010| B. a participant who is in transition to self- | 0011| sufficiency due to employment or child support; | 0012| C. a pregnant woman who meets the income and | 0013| resource requirements for New Mexico's aid to families with | 0014| dependent children as they existed on July 16, 1996; | 0015| D. a member of a benefit group who is eighteen | 0016| years of age or younger if the benefit group's income is below | 0017| one hundred eighty-five percent of the federal poverty | 0018| guidelines; | 0019| E. a pregnant woman whose income is below one | 0020| hundred eighty-five percent of the federal poverty guidelines; | 0021| F. participants receiving federal supplemental | 0022| security income; | 0023| G. an aged, blind or disabled person in an | 0024| institution who meets all the supplemental security income | 0025| standards except for income; | - 32 - 0001| H. a person who meets all standards for | 0002| institutional care but is cared for at home and meets | 0003| eligibility standards for medicaid; | 0004| I. a qualified medicare beneficiary, qualified | 0005| disabled working person or specified low-income medicare | 0006| beneficiary; and | 0007| J. a foster child in the custody of the state or | 0008| of a pueblo, tribe or nation who meets eligibility standards | 0009| for medicare. | 0010| Section 16. [NEW MATERIAL] IMMIGRANT ELIGIBILITY.--An | 0011| immigrant may be eligible to receive cash assistance and | 0012| services if the immigrant is: | 0013| A. from one of the classes of immigrants defined in | 0014| the federal act who entered the United States prior to August | 0015| 22, 1996; or | 0016| B. a qualified immigrant as defined in the federal | 0017| act who entered the United States after August 22, 1996. | 0018| Section 17. [NEW MATERIAL] RECORDS--CONFIDENTIALITY.-- | 0019| A. Pursuant to the federal act, the department shall | 0020| establish and enforce rules governing the custody, use and | 0021| preservation of the records, papers, files and communications | 0022| to restrict the use or disclosure of information contained in | 0023| those documents concerning participants. | 0024| B. It is unlawful for a person, body, association, | 0025| firm, corporation or other agency outside the department to | - 33 - 0001| solicit, disclose, receive or make use of or authorize, | 0002| knowingly permit, participate in or acquiesce in the use of a | 0003| name or list of names of participants for commercial or | 0004| political purposes. | 0005| C. A person, body, association, firm, corporation | 0006| or other agency that willfully or knowingly violates a | 0007| provision of this section is guilty of a misdemeanor and upon | 0008| conviction shall be punished by a fine of not less than | 0009| twenty-five dollars ($25.00) nor more than one thousand | 0010| dollars ($1,000) or by imprisonment in the county jail for a | 0011| definite term not to exceed sixty days or both. | 0012| Section 18. [NEW MATERIAL] CERTIFICATION.--The | 0013| governor shall make the certifications mandated by the federal | 0014| act. | 0015| Section 19. [NEW MATERIAL] TEMPORARY PROVISION--PILOT | 0016| PROJECT--SUBSIDIZED EMPLOYMENT.-- | 0017| A. The human services department may apply for a | 0018| food stamp waiver from the United States department of | 0019| agriculture to operate a wage subsidy pilot program. | 0020| B. Upon securing a food stamp waiver, the | 0021| department shall develop a wage subsidy pilot program to run | 0022| from the effective date of the New Mexico Works Act until July | 0023| 1, 2001. The department shall select a class A county, a | 0024| class B county with a valuation under three hundred million | 0025| dollars ($300,000,000), a class B county with a valuation over | - 34 - 0001| three hundred million dollars ($300,000,000), a class C county | 0002| and a first class county as sites for the wage subsidy pilot | 0003| program. | 0004| C. The wage subsidy pilot program shall include | 0005| the following requirements: | 0006| (1) participating employers shall hire | 0007| participants who receive cash assistance and food stamps for | 0008| subsidized job slots that are full time and that offer a | 0009| reasonable possibility of unsubsidized employment after the | 0010| subsidy period; | 0011| (2) participating employers shall receive a | 0012| subsidy for up to six months. The department may grant an | 0013| extension of three months to employers operating in areas | 0014| identified as having a higher unemployment rate than the state | 0015| average, as defined by the department, if the extension | 0016| increases the likelihood of ongoing unsubsidized employment | 0017| for the subsidized employee; | 0018| (3) subsidized employees shall not be | 0019| required to work in excess of forty hours per week; | 0020| (4) subsidized employees shall be paid a wage | 0021| that is substantially like the wage paid for similar jobs with | 0022| the employer with appropriate adjustments for experience and | 0023| training but not less than the federal minimum hourly wage; | 0024| (5) subsidized employment does not impair an | 0025| existing contract or collective bargaining agreement; | - 35 - 0001| (6) subsidized employment does not displace | 0002| currently employed workers or fill positions that are vacant | 0003| due to a layoff; | 0004| (7) wage subsidy employers shall: | 0005| (a) maintain health, safety and working | 0006| conditions at or above levels generally acceptable in the | 0007| industry and not less than those of comparable jobs offered by | 0008| the employer; | 0009| (b) provide on-the-job training | 0010| necessary for subsidized employees to perform their duties; | 0011| (c) sign an agreement for each | 0012| placement outlining the specific job offered to a subsidized | 0013| employee and agree to abide by all of the requirements of the | 0014| program; | 0015| (d) provide workers' compensation | 0016| coverage for each subsidized employee; and | 0017| (e) provide the subsidized employee | 0018| with benefits equal to those for new employees or as required | 0019| by state and federal law, whichever is greater; | 0020| (8) the department shall make a determination | 0021| of whether a participant is eligible to be a subsidized | 0022| employee that includes the following criteria: | 0023| (a) sufficient work experience to | 0024| obtain unsubsidized employment; | 0025| (b) completion of an employment | - 36 - 0001| preparation program; or | 0002| (c) benefit from this employment | 0003| strategy by the department; | 0004| (9) a disregard of income earned by the | 0005| subsidized employee in the subsidized job shall be applied in | 0006| the eligibility determination for services; | 0007| (10) the department shall suspend regular | 0008| payments of cash assistance and food stamps to the benefit | 0009| group for the calendar month in which an employer makes the | 0010| first subsidized wage payment to a subsidized employee who is | 0011| otherwise eligible for cash assistance and food stamps; | 0012| (11) the department shall pay employers each | 0013| month, from cash assistance and food stamps, the lesser of a | 0014| fixed subsidy amount determined by the department or the gross | 0015| wages paid to the subsidized employee; | 0016| (12) a subsidized employee shall be eligible | 0017| for supplemental payments if the net monthly full-time wage | 0018| paid to the subsidized employee is less than the combined | 0019| monthly total of the cash assistance and food stamps the | 0020| participant is eligible to receive. The department shall | 0021| authorize issuance of a supplemental cash payment to | 0022| compensate for the deficit. To determine if a deficit exists, | 0023| the department shall adopt an equivalency scale that is | 0024| adjustable to household size and other factors; and | 0025| (13) the department shall determine monthly | - 37 - 0001| and pay in advance supplemental payments to eligible | 0002| subsidized employees. In calculating the payment, the | 0003| department shall assume that the subsidized employee will work | 0004| forty hours per week during the month unless an employer | 0005| provides information that the number of hours to be worked by | 0006| the subsidized employee will be reduced. | 0007| D. Prior to the forty-fifth legislature, first | 0008| session, the department shall report the results of the wage | 0009| subsidy pilot program to the appropriate interim committee. | 0010| E. For the purposes of this section "benefits" | 0011| includes health care coverage, paid sick leave and holiday and | 0012| vacation pay. | 0013| F. For the purposes of this section "subsidized | 0014| employee" means a participant engaged in a subsidized | 0015| employment activity. | 0016| G. For the purpose of this section "net monthly | 0017| full-time wage" means a subsidized employees's wages after the | 0018| required payroll deductions. | 0019| Section 20. [NEW MATERIAL] WELFARE REFORM OVERSIGHT | 0020| COMMITTEE CREATED--TERMINATION.--The joint interim legislative | 0021| "welfare reform oversight committee" is created. The | 0022| committee shall function from the date of its appointment | 0023| until December 15 prior to the first session of the forty- | 0024| sixth legislature. | 0025| Section 21. [NEW MATERIAL] MEMBERSHIP--APPOINTMENT-- | - 38 - 0001| VACANCIES.-- | 0002| A. The welfare reform oversight committee shall be | 0003| composed of twelve members. The New Mexico legislative | 0004| council shall appoint six members from the house of | 0005| representatives and six members from the senate. At the time | 0006| of making the appointment, the legislative council shall | 0007| designate the chairman and vice chairman of the committee. | 0008| B. Members shall be appointed from each house so | 0009| as to give the two major political parties in each house the | 0010| same proportionate representation on the committee as prevails | 0011| in each house; however, in no event shall either party have | 0012| less than one member from each house on the committee. At the | 0013| request of the committee chairman, members may be removed from | 0014| the committee by the New Mexico legislative council for | 0015| nonattendance according to council policy. Vacancies on the | 0016| committee, however caused, may be filled by the legislative | 0017| council, or the council may reduce the size of the committee | 0018| by not making replacement appointments and in that case need | 0019| not readjust party representation. | 0020| C. An action shall not be taken by the committee | 0021| if a majority of the total membership from either house on the | 0022| committee rejects that action. | 0023| Section 22. [NEW MATERIAL] DUTIES.-- | 0024| A. After its appointment, the welfare reform | 0025| oversight committee shall hold one organizational meeting to | - 39 - 0001| develop a work plan and budget for the ensuing interim. The | 0002| work plan and budget shall be submitted to the New Mexico | 0003| legislative council for approval. Upon approval of the work | 0004| plan and budget by the legislative council, the committee | 0005| shall: | 0006| (1) examine the statutes, constitutional | 0007| provisions and rules governing welfare reform in New Mexico; | 0008| (2) monitor and oversee the implementation of | 0009| the New Mexico Works Act; | 0010| (3) review issues related to welfare reform, | 0011| including job training programs and related contracts; cash | 0012| assistance; child care, transportation and other job-related | 0013| services; and other issues that arise because of the | 0014| devolution of the federal welfare programs to the states; and | 0015| (4) make recommendations relating to the | 0016| adoption of rules and legislation, if any are found to be | 0017| necessary. | 0018| B. The committee shall regularly receive testimony | 0019| from the secretaries of human services; labor; children, youth | 0020| and families; and health and the superintendent of public | 0021| instruction on issues arising from the implementation of the | 0022| New Mexico Works Act and shall review proposed rules, | 0023| schedules and formulae before adoption. | 0024| Section 23. [NEW MATERIAL] SUBCOMMITTEES.-- | 0025| Subcommittees shall be created only by majority vote of all | - 40 - 0001| members appointed to the welfare reform oversight committee | 0002| and with the prior approval of the New Mexico legislative | 0003| council. A subcommittee shall be composed of at least one | 0004| member from the senate and one member from the house of | 0005| representatives, and at least one member of the minority party | 0006| shall be a member of the subcommittee. Any meeting or | 0007| expenditure of a subcommittee shall be approved by the full | 0008| committee in advance of that meeting or expenditure, and the | 0009| approval shall be shown in the minutes of the committee. | 0010| Section 24. [NEW MATERIAL] REPORTS.--The committee | 0011| shall make reports of its findings and recommendations for the | 0012| consideration of the first and second sessions of the forty- | 0013| fourth legislature and the first and second sessions of the | 0014| forty-fifth legislature. The reports and suggested | 0015| legislation shall be made available to the New Mexico | 0016| legislative council on or before December 15 preceding each | 0017| session. | 0018| Section 25. [NEW MATERIAL] STAFF.--The staff for the | 0019| welfare reform oversight committee shall be provided primarily | 0020| by the legislative council service but the legislative council | 0021| service may request the assistance of the legislative finance | 0022| committee staff at the direction of the welfare reform | 0023| oversight committee. | 0024| Section 26. Section 27-2-7 NMSA 1978 (being Laws 1973, | 0025| Chapter 376, Section 10, as amended) is amended to read: | - 41 - 0001| "27-2-7. GENERAL ASSISTANCE PROGRAM--QUALIFICATIONS AND | 0002| PAYMENTS.-- | 0003| A. Subject to the availability of state funds, | 0004| public assistance shall be provided under a general assistance | 0005| program to or on behalf of eligible persons who: | 0006| (1) are under eighteen years of age and meet | 0007| all eligibility conditions for ~~[aid to families with~~ | 0008| ~~dependent children]~~ the New Mexico Works Act except the | 0009| relationship to the person with whom they are living; ~~[or]~~ | 0010| (2) are over the age of eighteen and are | 0011| temporarily disabled, according to ~~[regulations]~~ rules of | 0012| the ~~[board]~~ department, and are not receiving ~~[aid to~~ | 0013| ~~families with dependent children]~~ cash assistance or | 0014| services pursuant to the New Mexico Works Act; ~~[or]~~ | 0015| (3) meet the qualifications under ~~[such]~~ | 0016| other ~~[regulations]~~ rules for the general assistance | 0017| program as the ~~[board]~~ department shall establish ~~[from~~ | 0018| ~~time to time]~~; or | 0019| (4) are lawful resident immigrants who would | 0020| otherwise be eligible for cash assistance or services pursuant | 0021| to the New Mexico Works Act except that they began residing in | 0022| the United States after August 22, 1996. | 0023| B. General assistance program payments may be made | 0024| directly to the recipient or to the vendor of goods or | 0025| services provided to the recipient. The ~~[board]~~ | - 42 - 0001| department may by ~~[regulation]~~ rule limit the grants | 0002| that are made to general assistance recipients. | 0003| C. Whenever the ~~[board]~~ department makes an | 0004| adjustment in the standard of need for the ~~[aid to families~~ | 0005| ~~with dependent children program pursuant to Section 13-17-3~~ | 0006| ~~NMSA 1953]~~ New Mexico Works Act, subject to the availability | 0007| of state funds, it shall make a commensurate adjustment in | 0008| the standard of need for the general assistance program." | 0009| Section 27. REPEAL.--Sections 27-2-5, 27-2-6, | 0010| 27-2-6.2, 27-2-8, 27-2-18 through 27-2-20, 27-2-22, 27-2-33, | 0011| 27-2-35 through 27-2-40 NMSA 1978 (being Laws 1973, Chapter | 0012| 376, Sections 5 and 9, Laws 1988, Chapter 122, Section 1, Laws | 0013| 1973, Chapter 376, Section 11, Laws 1937, Chapter 18, Sections | 0014| 11a, 11b, 11e, 11h, and 21, Laws 1941, Chapter 116, Section 1, | 0015| Laws 1921, Chapter 117, Section 9, Laws 1980, Chapter 25, | 0016| Sections 1 through 4, as amended) are repealed. | 0017| Section 28. EMERGENCY.--It is necessary for the public | 0018| peace, health and safety that this act take effect | 0019| immediately. | 0020| |