0001| HOUSE BILL 1337 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| J. PAUL TAYLOR | 0005| | 0006| DISCUSSION DRAFT | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO WELFARE REFORM; AMENDING SECTION 27-3-3 NMSA 1978 | 0012| (BEING LAWS 1973, CHAPTER 256, SECTION 3, AS AMENDED); ENACTING | 0013| THE FAMILY ASSISTANCE AND INDIVIDUAL RESPONSIBILITY ACT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0017| through 19 of this act may be cited as the "Family Assistance | 0018| and Individual Responsibility Act". | 0019| Section 2. [NEW MATERIAL] INTENT--PURPOSE.-- | 0020| A. It is the intent of the legislature that the | 0021| Family Assistance and Individual Responsibility Act bring | 0022| meaningful welfare reform to the state and serve as the | 0023| cornerstone of a new and better welfare reform service delivery | 0024| system that emphasizes the long-term benefit of enhancing work- | 0025| related training and education to increase the probability of | 0001| success and self-sufficiency for recipients of assistance and | 0002| their children. | 0003| B. The Family Assistance and Individual | 0004| Responsibility Act ensures to the maximum extent possible that | 0005| welfare reform in New Mexico takes place fairly and that | 0006| parents of children will be helped in becoming self-sufficient | 0007| in the workplace. The Family Assistance and Individual | 0008| Responsibility Act establishes the program to be carried out by | 0009| the state with funds provided by the temporary assistance for | 0010| needy families block grant authorized by section 103 of P.L. | 0011| 104-193. In submitting any state plan required to obtain a | 0012| temporary assistance for needy families block grant or under | 0013| the child care and development block grant, the governor shall | 0014| seek the maximum block grant funding and federal contingency | 0015| fund allocations that are available pursuant to P.L. 104-193. | 0016| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0017| Family Assistance and Individual Responsibility Act: | 0018| A. "department" means the human services | 0019| department; | 0020| B. "secretary" means the secretary of human | 0021| services; | 0022| C. "federal act" means Title IV of the federal | 0023| Social Security Act as amended by P.L. 104-193, the Personal | 0024| Responsibility and Work Opportunity Reconciliation Act of 1996; | 0025| D. "family" means a group of people having at least | 0001| one child and the child's parents or caretakers, all of whom | 0002| live together in the same household. A pregnant woman and her | 0003| unborn child are considered to be a family; | 0004| E. "parent" includes: | 0005| (1) the biological or adoptive parent of a | 0006| child; | 0007| (2) a pregnant woman; and | 0008| (3) the spouse of a married pregnant woman; | 0009| F. "caretaker" means an adult related to a child by | 0010| blood or marriage having legal custody or guardianship of the | 0011| child; | 0012| G. "child" means a person who is less than eighteen | 0013| years old and is not emancipated. A person who is eighteen | 0014| years old but who is expected to graduate from high school by | 0015| his nineteenth birthday is considered a child; | 0016| H. "minor parent" means a parent who is less than | 0017| eighteen years old; | 0018| I. "applicant" means a person who has applied for | 0019| cash assistance or services under the Family Assistance and | 0020| Individual Responsibility Act; | 0021| J. "recipient" means a person who is receiving cash | 0022| assistance or services under the Family Assistance and | 0023| Individual Responsibility Act; | 0024| K. "federal poverty guidelines" means the level of | 0025| income defining poverty thresholds by family size published in | 0001| March of every year in the federal register by the United | 0002| States department of health and human services; | 0003| L. "earned income" means cash, negotiable | 0004| instruments or property that may readily be sold or converted | 0005| to cash that is received as compensation for employment; | 0006| M. "unearned income" means income from benefits | 0007| from a public or private source, pensions, contributions, gifts | 0008| and all other income that does not meet the definition of | 0009| earned income; | 0010| N. "resources" means the value of real property or | 0011| personal property owned by a person; | 0012| O. "liquid resources" means resources for which | 0013| ownership is evidenced by an instrument that is readily | 0014| negotiable for cash; | 0015| P. "family assistance group" means a family with at | 0016| least one child living with a parent or caretaker and persons: | 0017| (1) living with the family who meet each | 0018| individual eligibility requirement of the Family Assistance and | 0019| Individual Responsibility Act; and | 0020| (2) who purchase and prepare food and pay for | 0021| shelter and utilities jointly; and | 0022| Q. "cash grant" means cash assistance provided to a | 0023| family under the Family Assistance and Individual | 0024| Responsibilities Act. | 0025| Section 4. [NEW MATERIAL] SINGLE STATE AGENCY-- | 0001| ASSISTANCE TO FAMILIES--COOPERATION WITH OTHER DEPARTMENTS IN | 0002| PROVIDING SERVICES--CHILD CARE.-- | 0003| A. The department is: | 0004| (1) responsible for administering the family | 0005| Assistance and Individual Responsibility Act; and | 0006| (2) authorized to carry out the state program | 0007| funded by temporary assistance for needy families block grants | 0008| made pursuant to the federal act. | 0009| B. Subject to the availability of state and federal | 0010| funds, the department shall provide cash grants to families in | 0011| financial need pursuant to the Family Assistance and Individual | 0012| Responsibility Act. | 0013| C. In administering the Family Assistance and | 0014| Individual Responsibility Act, the department shall cooperate | 0015| with the children, youth and families department, the labor | 0016| department, the economic development department, the department | 0017| of health and the state department of public education for the | 0018| purposes of providing child care, job training, job placement | 0019| and educational services to applicants and recipients. | 0020| Section 5. [NEW MATERIAL] FINANCIAL NEED STANDARD-- | 0021| PAYMENT STANDARD--AMOUNT OF CASH ASSISTANCE--PAYMENT | 0022| REDUCTION.-- | 0023| A. The secretary shall establish a financial need | 0024| standard for purposes of determining the financial eligibility | 0025| of a family assistance group pursuant to the Family Assistance | 0001| and Individual Responsibility Act. The financial need standard | 0002| shall be based on the earned income and unearned income | 0003| required for a family to maintain a level of subsistence that | 0004| includes costs of food, shelter and other necessities but that | 0005| excludes the cost of medical care. The financial need standard | 0006| for earned and unearned income shall not be less than sixty-six | 0007| percent of the federal poverty guidelines effective at the | 0008| beginning of each fiscal year. | 0009| B. The secretary shall establish a payment standard | 0010| for cash grants provided to a family pursuant to the Family | 0011| Assistance and Individual Responsibility Act. The payment | 0012| standard shall be set subject to the availability of state and | 0013| federal funds appropriated for the purpose of funding the | 0014| Family Assistance and Individual Responsibility Act. The | 0015| payment standard may be less than the amount set by the | 0016| secretary in determining financial eligibility pursuant to the | 0017| Family Assistance and Individual Responsibility Act. | 0018| C. The amount of a cash grant that shall be paid to | 0019| a family pursuant to the Family Assistance and Individual | 0020| Responsibility Act is determined by deducting the total amount | 0021| of non-exempt family income from the payment standard set by | 0022| the secretary pursuant to Subsection B of this section. | 0023| D. If the amount of federal and state funds | 0024| available is insufficient to provide cash grants at the payment | 0025| standard set pursuant to Subsection B of this section, the | 0001| secretary may by regulation reduce the payment amount. | 0002| However, the secretary shall not reduce the payment amount | 0003| below the level of grant amounts paid to persons under the aid | 0004| to families with dependent children program under the Public | 0005| Assistance Act that were in effect on July 1, 1996 without | 0006| first complying with subsection G of Section 9-8-6 NMSA 1978. | 0007| Section 6. [NEW MATERIAL] COMPOSITION OF THE FAMILY | 0008| ASSISTANCE GROUP.-- | 0009| A. A family assistance group must include at least | 0010| one child living with a parent or a caretaker. | 0011| B. A family assistance group shall not include | 0012| persons living in the same household with the family who: | 0013| (1) do not make their income available to the | 0014| family; and | 0015| (2) have no legal responsibility to support | 0016| children in the family. | 0017| C. In determining the size of the family assistance | 0018| group for purposes of making a financial eligibility | 0019| determination, the department shall: | 0020| (1) consider a pregnant woman one person; and | 0021| (2) not include persons receiving: | 0022| (a) federal supplemental security | 0023| income; | 0024| (b) adoption assistance payments; or | 0025| (c) foster care reimbursement. | 0001| D. The secretary may include additional persons to | 0002| the family assistance group pursuant to regulations that are | 0003| consistent with the federal act or with the Family Assistance | 0004| and Individual Responsibility Act. | 0005| Section 7. [NEW MATERIAL] ELIGIBILITY--EXCEPTIONS.-- | 0006| A. A family assistance group is eligible for a cash | 0007| grant and services pursuant to the Family Assistance and | 0008| Individual Responsibility Act if: | 0009| (1) a parent or caretaker in the family is a | 0010| resident of the state; | 0011| (2) the family has a total monthly income that | 0012| is less than the financial need standard and meets financial | 0013| eligibility requirements set by the secretary pursuant to the | 0014| Family Assistance and Individual Responsibility Act; and | 0015| (3) the parents or caretakers in the family | 0016| have met all requirements set by the department for cooperating | 0017| in obtaining child support by the department as are required by | 0018| Title IV-D of the federal act. | 0019| B. A family assistance group shall be eligible for | 0020| a cash grant and services pursuant to the Family Assistance and | 0021| Individual Responsibility Act if the adult parent or caretaker | 0022| in the family assistance group has received less than a total | 0023| of sixty months of assistance in this state or any other state | 0024| under a program funded in whole or in part under the federal | 0025| act, except for persons exempted from the sixty-month | 0001| limitation by the federal act or by regulations of the | 0002| secretary. | 0003| C. For purposes of the sixty-month limitation in | 0004| Subsection B of this section, the secretary shall adopt | 0005| regulations exempting persons in the family assistance unit who | 0006| have been battered or subjected to extreme cruelty by: | 0007| (1) physical acts that resulted in or | 0008| threatened to result in physical injury to the person; | 0009| (2) sexual abuse; | 0010| (3) sexual activity involving a child; | 0011| (4) being forced as the caretaker of a child | 0012| to engage in nonconsensual sexual acts or activities; | 0013| (5) threats of, or attempts at, physical or | 0014| sexual abuse; | 0015| (6) mental abuse; or | 0016| (7) neglect or deprivation of medical care. | 0017| D. A person in a family is eligible for assistance | 0018| pursuant to the Family Assistance and Individual Responsibility | 0019| Act if the person is: | 0020| (1) a citizen of the United States; | 0021| (2) a lawful resident immigrant who entered | 0022| the United State before August 22, 1996; or | 0023| (3) a lawful resident immigrant who meets the | 0024| immigration status, work history or military service exceptions | 0025| set forth in Section 402 (a)(2) of P.L. 104-193. | 0001| E. A person shall not be eligible to receive a cash | 0002| grant pursuant to the Family Assistance and Individual | 0003| Responsibility Act if the person: | 0004| (1) has within the previous ten years been | 0005| convicted of public benefit or medical assistance fraud as | 0006| defined in Section 408 (a)(8) of P.L. 104-193; | 0007| (2) is a fleeing felon or parole violator as | 0008| defined in Section 408(a)(9) of P.L. 104-193; | 0009| (3) has within the past five years been | 0010| convicted of a drug-related felony, provided that a pregnant | 0011| woman subject to this eligibility exception may receive | 0012| assistance under protective payment regulations promulgated by | 0013| the secretary; | 0014| (4) is a child who: | 0015| (a) has not graduated from high school | 0016| and is not attending school; or | 0017| (b) has been or is expected by the | 0018| child's parent or caretaker to be absent from the family home | 0019| for a period of forty-five consecutive days; or | 0020| (5) is over the age of sixty-five. | 0021| Section 8. [NEW MATERIAL] SPECIAL ELIGIBILITY | 0022| PROVISIONS FOR UNMARRIED MINOR PARENTS.--If a family assistance | 0023| group is composed of an unmarried minor parent and the child of | 0024| the minor parent, that minor parent must meet all requirements | 0025| for living arrangements and school attendance set by the | 0001| secretary under regulations consistent with requirements of the | 0002| federal act. The department shall not require applicants and | 0003| recipients who are unemancipated minor parents to live in the | 0004| home of their parents without first making a determination that | 0005| living in their parents' home will be safe and that their | 0006| parents want them to remain in their home. The department | 0007| shall establish procedures for making such determinations. | 0008| Section 9. [NEW MATERIAL] FINANCIAL ELIGIBILITY--CASH | 0009| GRANT--INCOME--RESOURCES.-- | 0010| A. The secretary shall define by regulation exempt | 0011| and non-exempt income and resources to be used in determining | 0012| financial eligibility for a cash grant and services pursuant to | 0013| the Family Assistance and Individual Responsibility Act. | 0014| B. For any person in the family assistance group | 0015| whose income is to be counted in determining the amount of the | 0016| cash grant, the secretary shall disregard: | 0017| (1) the first thirty dollars ($30.00) of | 0018| monthly earned income and one-third of the remaining monthly | 0019| earned income; | 0020| (2) ninety dollars ($90.00) of monthly earned | 0021| income, which shall be considered necessary to meet work- | 0022| related expenses; | 0023| (3) monthly payments made for child care for a | 0024| child in the family assistance group up to a maximum of two | 0025| hundred dollars ($200) for a child who is less than two years | 0001| old and one hundred seventy-five dollars ($175) for a child who | 0002| is two years old or older; and | 0003| (4) monthly child support payments received by | 0004| the family assistance group up to a maximum of one hundred | 0005| dollars ($100). | 0006| C. Income of persons living in the same household | 0007| with the family assistance group who do not make their income | 0008| available to the family and have not legal responsibility to | 0009| support children in the family shall not be included in the | 0010| consideration of the financial eligibility of the family for a | 0011| cash grant or services pursuant to the Family Assistance and | 0012| Individual Responsibility Act. | 0013| D. The secretary shall exempt the following | 0014| resources: | 0015| (1) not less than two thousand dollars | 0016| ($2,000) of non-liquid resources; | 0017| (2) the value of one motor vehicle; | 0018| (3) the value of real property that is used as | 0019| the principle residence of the family; | 0020| (4) the equity value of funeral agreements | 0021| owned by a person in the family assistance group that does not | 0022| exceed one thousand five hundred dollars ($1,500); and | 0023| (5) resources of persons who live with the | 0024| family but have no legal responsibility to support children in | 0025| the family. | 0001| Section 10. [NEW MATERIAL] INDIVIDUAL DEVELOPMENT | 0002| ACCOUNTS.-- | 0003| A. An "individual development account" is an | 0004| account established by a recipient for any of the following: | 0005| (1) providing for the expenses of post- | 0006| secondary education; | 0007| (2) setting aside funds for the purchase of a | 0008| first home; and | 0009| (3) contributing to a business capitalization | 0010| account. | 0011| B. The secretary shall be regulation establish | 0012| standards that enable recipients to fund individual development | 0013| accounts for each of the purposes in Subsection A of this | 0014| section that are consistent with the requirements in Section | 0015| 404(h) of P.L. 104-193. | 0016| Section 11. [NEW MATERIAL] INITIAL ELIGIBILITY | 0017| DETERMINATION--CONTINUING ELIGIBILITY--CERTIFICATION.-- | 0018| A. Not later than thirty days after an applicant | 0019| files an application for a cash grant or services pursuant to | 0020| the Family Assistance and Individual Responsibility Act, the | 0021| department shall make a determination of the applicant's | 0022| eligibility. | 0023| B. The department shall review eligibility for | 0024| recipients at least once every six months. The review shall | 0025| include: | 0001| (1) the recipient's current financial | 0002| eligibility; and | 0003| (2) a determination of whether recipients are | 0004| meeting work requirements as provided in the Family Assistance | 0005| and Individual Responsibility Act and regulations adopted by | 0006| the secretary pursuant to the that act. | 0007| Section 12. [NEW MATERIAL] WORK REQUIREMENT-- | 0008| EXEMPTIONS.-- | 0009| A. A recipient who is a parent or caretaker in a | 0010| family must be engaged in one or more of the work activities | 0011| set out in Subsection B of this section not later than twenty- | 0012| four months after the person becomes a recipient, unless the | 0013| person is exempt from work requirements under regulations | 0014| adopted by the secretary. | 0015| B. Work activities that qualify in meeting the work | 0016| requirement include: | 0017| (1) unsubsidized employment; | 0018| (2) subsidized private sector employment; | 0019| (3) subsidized public sector employment; | 0020| (4) work experience; | 0021| (5) on-the-job training; | 0022| (6) assisted job search for a period not to | 0023| exceed three weeks; | 0024| (7) job skills training directly related to | 0025| employment; | 0001| (8) community service programs, where | 0002| sufficient public or private sector employment is not | 0003| available; | 0004| (9) vocational education programs; | 0005| (10) education directed toward obtaining a | 0006| high school diploma or a certificate of high school | 0007| equivalency; | 0008| (11) post-secondary education programs | 0009| directly related to specific employment opportunities; and | 0010| (12) child care for other recipients, provided | 0011| the recipient: | 0012| (a) meets training and registration | 0013| requirements for child-care providers established by the | 0014| children, youth and families department; and | 0015| (b) meets requirements of the child | 0016| nutrition program. | 0017| C. The secretary shall exempt the following | 0018| recipients from the requirement of Subsection A of this | 0019| section: | 0020| (1) a person who: | 0021| (a) is unable to work due to advanced | 0022| age or a disability; | 0023| (b) is a single parent with a child less | 0024| than twelve months old who has not been exempted for more than | 0025| twelve months under such an exemption in the past; | 0001| (c) is a parent caring for a child with | 0002| a disability or caring for an adult with a disability; or | 0003| (d) resides in a county with an | 0004| unemployment rate that is over ten percent; | 0005| (2) one parent or caretaker in a two-parent | 0006| family that does not receive state-assisted child care; or | 0007| (3) a person who meets other exemptions set by | 0008| the secretary. | 0009| D. In setting the number of hours that a recipient | 0010| shall engage in a work activity under Subsection B of this | 0011| section, the secretary shall not require hours of work on an | 0012| average weekly basis that exceed the minimum requirements | 0013| necessary for the state to meet work participation rates under | 0014| the federal act, unless the recipient agrees to additional | 0015| hours in an individual responsibility plan made pursuant to | 0016| Section 13 of the Family Assistance and Individual | 0017| Responsibility Act. | 0018| Section 13. [NEW MATERIAL] EMPLOYABILITY ASSESSMENTS.- | 0019| - | 0020| A. The department shall make assessment of the | 0021| skills, prior work experience and employability of each | 0022| recipient who: | 0023| (1) is eighteen years of age or older; or | 0024| (2) has not received a high school diploma or | 0025| certificate of high school equivalency and is not attending | 0001| high school or participating in an alternative secondary | 0002| education program. | 0003| B. The assessment in Subsection A of this section | 0004| shall be conducted within thirty days of a determination of | 0005| eligibility for a cash grant or services. The assessment may | 0006| be conducted by the department or other public or private | 0007| agencies at the discretion of the secretary. | 0008| Section 14. [NEW MATERIAL] INDIVIDUAL RESPONSIBILITY | 0009| PLANS.-- | 0010| A. Within a reasonable time after the department | 0011| conducts an assessment for a recipient pursuant to Section 12 | 0012| of the Family Assistance and Individual Responsibility Act, the | 0013| department shall, after consultation with the recipient, | 0014| require the recipient to enter into an individual | 0015| responsibility plan. The individual responsibility plan shall: | 0016| (1) set forth an employment goal for the | 0017| recipient that is consistent with moving the individual into | 0018| public or private sector employment; | 0019| (2) set forth obligations of the recipient in | 0020| moving toward becoming and remaining employed in the public or | 0021| private sector; and | 0022| (3) describe the services the department will | 0023| provide to the recipient so that the recipient will be able to | 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. [NEW MATERIAL] 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. [NEW MATERIAL] 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. [NEW MATERIAL] 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. [NEW MATERIAL] 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. [NEW MATERIAL] 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 ~~[or]~~, Special Medical Needs Act or | 0016| Family Assistance and Individual Responsibility Act 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| State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 6, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your LABOR AND HUMAN RESOURCES COMMITTEE, to | 0012| whom has been referred | 0013| | 0014| HOUSE BILL 1337 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, amended as follows: | 0018| | 0019| 1. On page 3, line 9, strike "legal" and insert in lieu | 0020| thereof "physical". | 0021| | 0022| 2. On page 5, line 3, strike "family" and insert in lieu | 0023| thereof "Family". | 0024| | 0025| 3. On page 9, line 19, strike "State" and insert in lieu | 0001| thereof "States". | 0002| | 0003| 4. On page 12, line 5, after "family" insert "assistance | 0004| group". | 0005| | 0006| 5. On page 12, line 5, strike "not" and insert in lieu | 0007| thereof "no". | 0008| | 0009| 6. On page 12, line 6, strike "children in the family" and | 0010| insert in lieu thereof "members of the family assistance group". | 0011| | 0012| 7. On page 12, line 13, after "resources" insert "and not | 0013| less than one thousand five hundred dollars ($1,500) of liquid | 0014| resources". | 0015| | 0016| 8. On page 13, line 8, strike "be" and insert in lieu | 0017| thereof "by". | 0018| | 0019| 9. On page 13, between lines 12 and 13, insert the | 0020| following new subsection: | 0021| | 0022| "C. Funds deposited in an individual development | 0023| account shall not be counted as resources by the department in | 0024| determining financial eligibility for assistance or services | 0025| pursuant to the Family Assistance and Individual Responsibility | 0001| Act.". | 0002| | 0003| 10. On page 15, line 23, strike "ten" and insert in lieu | 0004| thereof "fifteen". | 0005| | 0006| 11. On page 21, line 22, after "payment" insert "from the | 0007| amount collected". | 0008| | 0009| 12. On page 21, line 22, after "of" insert "up to"., | 0010| | 0011| and thence referred to the APPROPRIATIONS AND FINANCE | 0012| COMMITTEE. | 0013| | 0014| Respectfully submitted, | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| Rick Miera, Chairman | 0021| | 0022| | 0023| Adopted Not Adopted | 0024| | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| Date | 0003| | 0004| The roll call vote was 6 For 0 Against | 0005| Yes: 6 | 0006| Excused: Marquardt, Roberts | 0007| Absent: None | 0008| | 0009| | 0010| .118183.1 | 0011| G:\BILLTEXT\BILLW_97\H1337 State of New Mexico | 0012| House of Representatives | 0013| | 0014| FORTY-THIRD LEGISLATURE | 0015| FIRST SESSION, 1997 | 0016| | 0017| | 0018| March 10, 1997 | 0019| | 0020| | 0021| Mr. Speaker: | 0022| | 0023| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0024| whom has been referred | 0025| | 0001| HOUSE BILL 1337, as amended | 0002| | 0003| has had it under consideration and reports same with | 0004| recommendation that it DO PASS. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| Max Coll, Chairman | 0013| | 0014| | 0015| Adopted Not Adopted | 0016| | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date | 0020| | 0021| The roll call vote was 8 For 6 Against | 0022| Yes: 8 | 0023| No: Bird, Knowles, Marquardt, Pearce, Townsend, Wallace | 0024| Excused: Buffett, Salazar, Watchman | 0025| Absent: None | 0001| | 0002| | 0003| G:\BILLTEXT\BILLW_97\H1337 | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 HB 1337/a | 0007| | 0008| | 0009| March 16, 1997 | 0010| | 0011| Mr. President: | 0012| | 0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0014| referred | 0015| | 0016| HOUSE BILL 1337, as amended | 0017| | 0018| has had it under consideration and reports same with | 0019| recommendation that it DO PASS, amended as follows: | 0020| | 0021| 1. On page 8, line 25, strike "For" and insert in lieu | 0022| thereof "Effective July 1, 1998, for". | 0023| | 0024| 2. On page 9, line 1, strike "adopt". | 0025| | 0001| 3. On page 9, line 2, strike "regulations exempting" and | 0002| insert in lieu thereof "take such steps necessary pursuant to the | 0003| federal act to provide a good cause waiver of the limitation | 0004| for". | 0005| | 0006| 4. On page 9, line 2, strike "unit" and insert in lieu | 0007| thereof "group". | 0008| | 0009| 5. On page 12, line 16, strike "principle" and insert in | 0010| lieu thereof "principal". | 0011| | 0012| 6. On page 14, line 17, before "work" insert "a program | 0013| of". | 0014| | 0015| 7. On page 15, line 19, after the semicolon insert "or". | 0016| | 0017| 8. On page 15, line 21, strike "or". | 0018| | 0019| 9. On page 15, strike lines 22 and 23 in their entirety. | 0020| | 0021| 10. On page 16, line 9, strike "13" and insert in lieu | 0022| thereof "14". | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| SPAC/HB 1337 Page 2 | 0013| | 0014| 11. On page 18, line 3, before the semicolon insert the | 0015| following: | 0016| | 0017| ", provided that the individual responsibility plan for a person | 0018| over the age of twenty years shall include sufficient hours in an | 0019| additional work activity that the department has determined will | 0020| meet work activity participation requirements pursuant to the | 0021| federal act". | 0022| | 0023| 12. On page 18, line 12, strike "and". | 0024| | 0025| 13. On page 18, line 15, strike the period and insert in | 0001| lieu thereof "; and". | 0002| | 0003| 14. On page 18, between lines 15 and 16, insert the | 0004| following: | 0005| | 0006| "(d) the plan includes sufficient hours in an | 0007| additional work activity that the department has determined will | 0008| meet work activity participation requirements pursuant to the | 0009| federal act.". | 0010| | 0011| 15. On page 18, between lines 24 and 25, insert the | 0012| following: | 0013| | 0014| "D. The department may sanction or impose financial | 0015| penalties on a recipient for failure to comply with the | 0016| provisions of an individual responsibility plan and may terminate | 0017| assistance or services to a family assistance group if a | 0018| recipient refuses to enter an individual responsibility plan as | 0019| provided in Subsection A of this section.". | 0020| | 0021| 16. On page 20, between lines 2 and 3, insert the | 0022| following: | 0023| | 0024| "A. Subject to the provisions of Subsections B and C of | 0025| this section, the department may impose financial penalties or | 0001| sanctions on, and may terminate assistance or services to, a | 0002| recipient or a family assistance group for failure of the | 0003| recipient or family assistance group to comply with requirements | 0004| of the Family Assistance and Individual Responsibility Act.". | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| FORTY-THIRD LEGISLATURE | 0014| FIRST SESSION, 1997 | 0015| | 0016| | 0017| SPAC/HB 1337 Page 3 | 0018| | 0019| | 0020| 17. Reletter the succeeding subsections accordingly. | 0021| | 0022| 18. On page 20, line 4, after "for" insert "a single act | 0023| of". | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| __________________________________ | 0005| Shannon Robinson, Chairman | 0006| | 0007| | 0008| | 0009| Adopted_______________________ Not | 0010| Adopted_______________________ | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| | 0014| Date ________________________ | 0015| | 0016| | 0017| The roll call vote was 6 For 0 Against | 0018| Yes: 6 | 0019| No: 0 | 0020| Excused: Adair, Boitano, Vernon | 0021| Absent: None | 0022| | 0023| | 0024| | 0025| | 0001| H1337PA1 .119020.1ms | 0002| |