Senate Bill text for SB0036

SENATE BILL 36

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Clinton D. Harden

FOR THE WELFARE REFORM OVERSIGHT COMMITTEE

AN ACT

RELATING TO PUBLIC BENEFITS; REQUIRING THE HUMAN SERVICES DEPARTMENT TO CONSOLIDATE ELIGIBILITY, WHEREVER POSSIBLE, FOR CERTAIN PUBLIC ASSISTANCE PROGRAMS; ESTABLISHING ELIGIBILITY FOR CHILD CARE ASSISTANCE FOR APPLICANTS FOUND ELIGIBLE FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES FUNDS.

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

Section 1. Section 27-2-1 NMSA 1978 (being Laws 1973, Chapter 376, Section 1) is amended to read:

"27-2-1. SHORT TITLE.--Sections [1 through 20 of this act and Sections 13-1-9, 13-1-10, 13-1-12, 13-1-13, 13-1-17,

13-1-18, 13-1-18.1, 13-1-19, 13-1-20, 13-1-20.1, 13-1-21,

13-1-22, 13-1-27, 13-1-27.2, 13-1-27.3, 13-1-27.4, 13-1-28,

13-1-28.6, 13-1-29, 13-1-30, 13-1-34, 13-1-35, 13-1-37, 13-1-39, 13-1-40, 13-1-41 and 13-1-42 NMSA 1953] 27-2-1 through 27-2-34 NMSA 1978 may be cited as the "Public Assistance Act"."

Section 2. Section 27-2-4 NMSA 1978 (being Laws 1973, Chapter 376, Section 4, as amended) is amended to read:

"27-2-4. ELIGIBILITY REQUIREMENTS.--

A. Consistent with the federal act, a person is eligible for public assistance grants under the Public Assistance Act if:

[A.] (1) pursuant to Section [13-17-3 NMSA 1953] 27-2-3 NMSA 1978, the total amount of [his] the person's nonexempt income is less than the applicable standard of need; [and

B.] (2) nonexempt specific and total resources are less than the level of maximum permissible resources established by the [board; and] income support division of the human services department;

[C. he] (3) the person meets all qualifications for one of the public assistance programs authorized by the Public Assistance Act; [and

D.] (4) within two years immediately prior to the filing of an application for assistance, [he] the person has not made an assignment or transfer of real property unless [he] the person has received a reasonable return for the real property or, if [he] the person has not received [such] a reasonable return, [he] the person is willing to attempt to obtain such return and, if [such] that attempt proves futile, [he] the person is willing to attempt to regain title to the property; [and

E. he] (5) the person is not an inmate of any public nonmedical institution at the time of receiving assistance; and

[F. he] (6) the person is a resident of New Mexico.

B. To the extent possible, the department shall consider an applicant's eligibility for every program of financial support under the Public Assistance Act when documenting the eligibility for one program and, wherever possible, shall qualify an applicant as eligible for a program when eligible for any other program.

C. If an applicant for a child care subsidy is eligible to receive funds through the temporary assistance for needy families program, the applicant is also eligible for a child care subsidy."

Section 3. Section 27-2-7 NMSA 1978 (being Laws 1973, Chapter 376, Section 10, as amended by Laws 1998, Chapter 8, Section 27 and by Laws 1998, Chapter 9, Section 27) is amended to read:

"27-2-7. GENERAL ASSISTANCE PROGRAM--QUALIFICATIONS AND PAYMENTS.--

A. Subject to the availability of state funds, public assistance shall be provided under a general assistance program to or on behalf of eligible persons who:

(1) are under eighteen years of age and meet all eligibility conditions for the New Mexico Works Act except the relationship to the person with whom they are living;

(2) are over the age of eighteen and are disabled, according to rules of the department, and are not receiving cash assistance or services pursuant to the New Mexico Works Act;

(3) meet the qualifications under other rules for the general assistance program as the department shall establish; or

(4) are lawful resident immigrants who would otherwise be eligible for cash assistance or services pursuant to the New Mexico Works Act except that they began residing in the United States after August 22, 1996.

[B.] C. General assistance program payments may be made directly to the recipient or to the vendor of goods or services provided to the recipient. The department may by rule limit the grants that are made to general assistance recipients.

[C.] D. Whenever the department makes an adjustment in the standard of need for the New Mexico Works Act, subject to the availability of state funds, it shall make a commensurate adjustment in the standard of need for the general assistance program."

Section 4. Section 27-2B-4 NMSA 1978 (being Laws 1998, Chapter 8, Section 4 and Laws 1998, Chapter 9, Section 4, as amended) is amended to read:

"27-2B-4. APPLICATION--RESOURCE PLANNING SESSION--INDIVIDUAL RESPONSIBILITY PLANS--PARTICIPATION AGREEMENT--REVIEW PERIODS.--

A. Application for cash assistance or services shall be made to the department. The application shall be in writing or reduced to writing in the manner and on the form prescribed by the department. The application shall be made under oath by an applicant having custody of or residing with a dependent child who is a benefit group member and shall contain a statement of the age of the child, residence, a complete statement of the amount of property in which the applicant has an interest, a statement of all income that the applicant and other benefit group members have at the time of the filing of the application and other information required by the department.

B. The department shall assist an applicant in completing the application for cash assistance or services and shall evaluate an applicant to determine eligibility for all department programs for which the applicant is eligible. The department shall process all expedited food stamp applications within two business days of submission, and the department shall deliver expedited food stamps to an eligible applicant within seven days of the application.

C. At the time of application for cash assistance and services, an applicant and the department shall identify everyone who is to be counted in the benefit group. Once an application is approved, the participant shall advise the department if there are any changes in the membership of the benefit group.

D. No later than thirty days after an application is filed, the department shall provide to an applicant a resource planning session to ascertain the applicant's immediate needs, assess financial and nonfinancial options, make referrals and act on the application.

E. No later than five days after an application is approved, the department shall provide reimbursement for child care.

F. Whenever the department receives an application for assistance, a verification and record of the applicant's circumstances shall promptly be made to ascertain the facts supporting the application and to obtain other information required by the department. The verification may include a visit to the home of the applicant, as long as the department gives adequate prior notice of the visit to the applicant.

G. No later than fifteen days after an application is approved, the department shall assess the education, skills, prior work experience and employability of the participant.

H. After the initial assessment of skills, the department shall work with the participant to develop an individual responsibility plan that:

(1) sets forth an employment goal for the participant and a plan for moving the participant into employment;

(2) sets forth obligations of the participant that may include a requirement that the participant attend school, maintain certain grades and attendance, keep the participant's school-age children in school, immunize the participant's children or engage in other activities that will help the participant become and remain employed;

(3) is designed to the greatest extent possible to move the participant into whatever employment the participant is capable of handling and to provide additional services as necessary to increase the responsibility and amount of work the participant will handle over time;

(4) describes the services the department may provide so that the participant may obtain and keep employment; and

(5) may require the participant to participate in appropriate services, such as substance abuse, domestic violence or mental health services.

I. The participant and the department shall sign the participant's individual responsibility plan. The department shall not allow a participant to decline to participate in developing an individual responsibility plan. The department shall not waive the requirement that a participant develop an individual responsibility plan. The department shall emphasize the importance of the individual responsibility plan to the participant.

J. If a participant does not develop an individual responsibility plan, refuses to sign an individual responsibility plan or refuses to attend semiannual reviews of an individual responsibility plan, the participant shall be required to enter into a conciliation process pursuant to Subsection C of Section 27-2B-14 NMSA 1978. If the participant persists in noncompliance with the individual responsibility plan process after the conciliation process, the participant shall be subject to sanctions pursuant to Section 27-2B-14 NMSA 1978.

K. The participant shall also sign a participation agreement that designates the number of hours that the participant must participate in work activities to meet participation standards.

L. The department shall review the current financial eligibility of a benefit group when the department reviews food stamp eligibility.

M. To the extent possible, the department shall consider an applicant's eligibility for every program of financial support under the Public Assistance Act when documenting the eligibility for one program and, wherever possible, shall qualify an applicant as eligible for a program when eligible for any other program.

[M.] N. The department shall meet semiannually with a participant to review and revise the participant's individual responsibility plan.

[N.] O. The department shall develop a complaint procedure to address issues pertinent to the delivery of services and other issues relating to a participant's individual responsibility plan."

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