0001|                           SENATE BILL 582
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                         MARY JANE M. GARCIA
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0005|     
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0006|                                   
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0007|     
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0008|             FOR THE 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.  [<u>NEW MATERIAL</u>]  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 child support
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0002|     enforcement division to determine if the potential contractor
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0003|     is in compliance with a child support order or child support
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0004|     payment schedule of the division.
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0005|          Section 2.  [<u>NEW MATERIAL</u>]  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 division
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0013|     of the human services department to pay arrearages.  The
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0014|     appointing authority shall contact the child support division
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0015|     to determine if the potential appointee is in compliance with a
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0016|     child support order or child support payment schedule of the
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0017|     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 <s>[board]</s>
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0023|     <u>income support division of the human services department</u>
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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 <s>[board]</s>
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0002|     <u>income support division</u> 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|               <u>C.  The first one hundred dollars ($100) of child
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<u></u>0007| <u>    support received by the custodial parent pursuant to Section
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<u></u>0008| <u>    27-2-27 NMSA 1978 shall not be included as income for
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<u></u>0009| <u>    determining eligibility.</u>"
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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|               <u>A.</u>  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|                    <s>[A.]</s> <u>(1)</u>  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|                    <s>[B.]</s> <u>(2)</u>  establish an order of support for
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0022|     children receiving <s>[aid to families with dependent children]</s>
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0023|     <u>public assistance</u> and, at the option of the department, for
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0024|     the spouse or former spouse with whom such children are living,
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0025|     but only if a support obligation has been established with re-
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0001|     
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0002|     spect to such spouse or former spouse, for whom no order of
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0003|     support <s>[presently]</s> <u>currently</u> exists and seek modification,
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0004|     based upon the noncustodial parent's ability to pay, of
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0005|     existing orders in which the support order is inadequate to
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0006|     properly care for the child and the spouse or former spouse
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0007|     with whom the child is living;
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0008|                    <s>[C.]</s> <u>(3)</u>  enforce as the real party in
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0009|     interest any existing order for the support of children who are
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0010|     receiving <s>[aid to families with dependent children or of the
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<s></s>0011| <s>    spouse or former spouse with whom such children are living]</s>
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0012|     <u>public assistance, and the first one hundred dollars ($100)
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<u></u>0013| <u>    collected in child support shall be given to the custodial
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<u></u>0014| <u>    parent with whom the children are living and shall not be
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<u></u>0015| <u>    counted as income for the purposes of determining eligibility</u>;
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0016|     and
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0017|                    <s>[D.]</s> <u>(4)</u>  provide services to non-aid
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0018|     families with dependent children in the establishment and
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0019|     enforcement of paternity and child support obligations,
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0020|     including locating the absent parent.  For these services, the
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0021|     department is authorized to establish and collect fees, costs
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0022|     and charges permitted or required by federal law or by regula-
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0023|     
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0024|     tions adopted pursuant to that federal law.
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0025|               <s>[E.]</s> <u>B.</u>  In all cases handled by the department
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0001|     pursuant to the provisions of this section, the child support
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0002|     enforcement division of the department and any attorney
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0003|     employed by the division represent the department in
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0004|     establishing, modifying and enforcing support obligations."
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0005|          Section 5.  APPROPRIATION.--Seven hundred twenty-four
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0006|     thousand eight hundred dollars ($724,800) is appropriated from
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0007|     the general fund to the child support enforcement division of
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0008|     the human services department for expenditure in fiscal year
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0009|     1998 to increase child support enforcement personnel.  Any
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0010|     unexpended or unencumbered balance remaining at the end of
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0011|     fiscal year 1998 shall revert to the general fund.
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0012|          Section 6.  EFFECTIVE DATE.--The effective date of the
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0013|     provisions of this act is July 1, 1998.
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0014|                              
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