0001| HOUSE BILL 847
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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| PATSY G. TRUJILLO
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0005|
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0006|
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0007|
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0008| FOR THE HEALTH AND HUMAN SERVICES COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO CHILD SUPPORT; PROHIBITING STATE AGENCIES FROM
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0012| CONTRACTING WITH PERSONS IN ARREARS ON CHILD SUPPORT PAYMENTS;
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0013| PROHIBITING APPOINTMENTS TO STATE BOARDS, COMMISSIONS OR OTHER
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0014| APPOINTED POSITIONS; INCREASING THE AMOUNT OF CHILD SUPPORT NOT
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0015| COUNTED AS INCOME FOR PUBLIC ASSISTANCE; INCREASING CHILD
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0016| SUPPORT ENFORCEMENT PERSONNEL; MAKING APPROPRIATIONS.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. [NEW MATERIAL] PROFESSIONAL SERVICES
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0020| CONTRACTS--PROHIBITIONS--CHILD SUPPORT PAYMENT ARREARAGES.--A
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0021| state agency shall not contract for professional services with
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0022| any person who is more than three months in arrears on child
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0023| support payments or who has not arranged with the child support
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0024| enforcement division of the human services department to pay
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0025| arrearages. Before entering into a professional services
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0001| contract, the state agency shall contact the division to
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0002| determine if the potential contractor is in compliance with a
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0003| child support order or child support payment schedule of the
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0004| division.
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0005| Section 2. [NEW MATERIAL] BOARDS AND COMMISSIONS--
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0006| APPOINTMENTS--LIMITATIONS.--The governor, the chief justice,
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0007| the president pro tempore of the senate, the speaker of the
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0008| house of representatives, the New Mexico legislative council or
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0009| other appointing authority shall not appoint a person to any
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0010| state board, commission or other appointed position if the
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0011| person is more than three months in arrears in child support
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0012| payments or he has not arranged with the child support
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0013| enforcement division of the human services department to pay
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0014| arrearages. The appointing authority shall contact the
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0015| division to determine if the potential appointee is in
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0016| compliance with a child support order or child support payment
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0017| schedule of the division.
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0018| Section 3. Section 27-2-3 NMSA 1978 (being Laws 1973,
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0019| Chapter 376, Section 3, as amended) is amended to read:
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0020| "27-2-3. STANDARD OF NEED--INCOME DETERMINATION.--
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0021| A. Consistent with the federal act and subject to
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0022| the availability of federal and state funds, the [board]
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0023| income support division of the human services department
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0024| shall adopt a standard of need, which shall establish a
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0025| reasonable level of subsistence.
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0001| B. Consistent with the federal act, the [board]
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0002| income support division shall define by regulation exempt and
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0003| nonexempt income and resources. Medical expenses shall not be
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0004| deducted from either income or resources in determining
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0005| eligibility.
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0006| C. The first one hundred dollars ($100) of child
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0007| support received by the custodial parent pursuant to Section
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0008| 27-2-27 NMSA 1978 shall not be included as income for
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0009| determining eligibility."
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0010| Section 4. Section 27-2-27 NMSA 1978 (being Laws 1981,
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0011| Chapter 90, Section 1, as amended) is amended to read:
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0012| "27-2-27. SINGLE STATE AGENCY--POWERS AND DUTIES.--
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0013| A. The department is designated as the single
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0014| state agency for the enforcement of child and spousal support
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0015| obligations pursuant to Title IV D of the federal act with the
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0016| following duties and powers:
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0017| [A.] (1) establish the paternity of a
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0018| child in the case of the child born out of wedlock with respect
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0019| to whom an assignment of support rights has been executed in
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0020| favor of the department;
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0021| [B.] (2) establish an order of support for
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0022| children receiving [aid to families with dependent children]
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0023| temporary assistance for needy families and, at the option of
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0024| the department, for the spouse or former spouse with whom such
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0025| children are living, but only if a support obligation has been
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0001| established with respect to such spouse or former spouse, for
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0002| whom no order of support [presently] currently exists and
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0003| seek modification, based upon the noncustodial parent's ability
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0004| to pay, of existing orders in which the support order is
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0005| inadequate to properly care for the child and the spouse or
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0006| former spouse with whom the child is living;
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0007| [C.] (3) enforce as the real party in
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0008| interest any existing order for the support of children who are
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0009| receiving [aid to families with dependent children or of the
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spouse or former spouse with whom such children are living]
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0011| temporary assistance for needy families, and the first one
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0012| hundred dollars ($100) collected in child support shall be
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0013| given to the custodial parent with whom the children are living
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0014| and shall not be counted as income for the purposes of
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0015| determining eligibility; and
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0016| [D.] (4) provide services to non-aid
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0017| families with dependent children in the establishment and
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0018| enforcement of paternity and child support obligations,
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0019| including locating the absent parent. For these services, the
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0020| department is authorized to establish and collect fees, costs
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0021| and charges permitted or required by federal law or by regula-
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0022|
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0023| tions adopted pursuant to that federal law.
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0024| [E.] B. In all cases handled by the department
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0025| pursuant to the provisions of this section, the child support
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0001| enforcement division of the department and any attorney
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0002| employed by the division represent the department in
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0003| establishing, modifying and enforcing support obligations."
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0004| Section 5. APPROPRIATION.--Seven hundred twenty-four
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0005| thousand eight hundred dollars ($724,800) is appropriated from
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0006| the general fund to the child support enforcement division of
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0007| the human services department for expenditure in fiscal year
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0008| 1998 to increase child support enforcement personnel. Any
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0009| unexpended or unencumbered balance remaining at the end of
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0010| fiscal year 1998 shall revert to the general fund.
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0011| Section 6. EFFECTIVE DATE.--The effective date of the
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0012| provisions of this act is July 1, 1998.
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0013| State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| February 24, 1997
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your JUDICIARY COMMITTEE, to whom has been referred
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0001|
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0002| HOUSE BILL 847
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS, amended as follows:
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0006|
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0007| 1. On page 2, line 11, strike the word "or" and insert in
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0008| lieu thereof "and".,
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0009|
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0010| and thence referred to the APPROPRIATIONS AND FINANCE
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0011| COMMITTEE.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018|
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0019| Thomas P. Foy, Chairman
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0020|
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0021|
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0022| Adopted Not Adopted
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0023|
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0024| (Chief Clerk) (Chief Clerk)
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0025|
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0001| Date
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0002|
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0003| The roll call vote was 10 For 0 Against
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0004| Yes: 10
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0005| Excused: Luna, Pederson, Rios
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0006| Absent: None
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0007|
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0008|
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0009|
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0010| G:\BILLTEXT\BILLW_97\H0847
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