54th legislature - STATE OF NEW MEXICO - first session, 2019

RELATING TO HUMAN SERVICES; ENACTING A NEW SECTION OF THE EARLY CHILDHOOD CARE ACCOUNTABILITY ACT TO ESTABLISH ELIGIBILITY AND COPAYMENT GUIDELINES; MAKING AN APPROPRIATION.

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

SECTION 1. Section 32A-23C-1 NMSA 1978 (being Laws 2018, Chapter 44, Section 1) is amended to read:

"32A-23C-1. SHORT TITLE.--[This act] Chapter 32A, Article 23C NMSA 1978 may be cited as the "Early Childhood Care Accountability Act"."

SECTION 2. A new section of the Early Childhood Care Accountability Act is enacted to read:

"[NEW MATERIAL] MINIMUM REQUIREMENTS FOR CHILD CARE ASSISTANCE--COPAYMENT RESTRICTION.--

A. The department shall make child care assistance available to any eligible family that initially applies for child care assistance and whose monthly gross household income does not exceed two hundred percent of the current federal poverty level.

B. The department shall make child care assistance available to any eligible family that applies for recertification of child care assistance and whose monthly gross household income is greater than two hundred percent of the current federal poverty level but less than three hundred percent of the current federal poverty level.

C. The department shall not require an eligible family that has a gross household income that does not exceed one hundred percent of the current federal poverty level to pay any cost-sharing to receive child care assistance.

D. The secretary of the state agency that receives federal child care assistance development block grant funds shall adopt and promulgate rules that establish cost-sharing guidelines for eligible families enrolled in child care assistance; provided that for eligible families that have a:

(1) monthly gross household income that is greater than two hundred percent of the current federal poverty level, the cost-sharing payment shall not exceed fourteen percent of the family's monthly gross household income; and

(2) monthly gross household income that exceeds one hundred percent of the current federal poverty level and is less than or equal to two hundred percent of the federal poverty level, the cost-sharing payment shall not exceed seven percent of the family's monthly gross household income."

SECTION 3. APPROPRIATION.--Forty million dollars ($40,000,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2020 to fund child care assistance for eligible families. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.