New Mexico 2025 Regular Session

New Mexico Senate Bill SB333 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	underscored material = new
2	2	[bracketed material] = delete
3	3	1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27	25
28	28	SENATE BILL 333
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
36	36
37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Michael Padilla
48	48	AN ACT
49	49	RELATING TO CHILDREN; ENACTING THE CHILDREN'S BENEFITS ACCOUNT
50	50	ACT; PROVIDING FOR THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT
51	51	TO BE APPOINTED AS THE REPRESENTATIVE PAYEE TO MANAGE AND
52	52	MAINTAIN THE RETIREMENT, SURVIVORS AND DISABILITY INSURANCE
53	53	FUNDS OF CHILDREN IN THE DEPARTMENT'S CUSTODY; PROVIDING FOR
54	54	THE ESTABLISHMENT OF BENEFITS ACCOUNTS FOR BENEFICIARIES;
55	55	PROVIDING DEPARTMENT DUTIES TO MANAGE BENEFITS ACCOUNTS ON
56	56	BEHALF OF BENEFICIARIES; PROVIDING DEFINITIONS; PROVIDING FOR
57	57	ACCOUNT CLOSURES AND DISBURSEMENTS; PROVIDING FOR
58	58	CONFIDENTIALITY; PROVIDING FOR RULE ADOPTION.
59	59	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
60	60	SECTION 1. A new section of the Children's Code is
61	61	enacted to read:
62	62	"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
63	63	.230236.3SA underscored material = new
64	64	[bracketed material] = delete
65	65	1
66	66	2
67	67	3
68	68	4
69	69	5
70	70	6
71	71	7
72	72	8
73	73	9
74	74	10
75	75	11
76	76	12
77	77	13
78	78	14
79	79	15
80	80	16
81	81	17
82	82	18
83	83	19
84	84	20
85	85	21
86	86	22
87	87	23
88	88	24
89	89	25
90	90	"Children's Benefits Account Act"."
91	91	SECTION 2. A new section of the Children's Code is
92	92	enacted to read:
93	93	"[NEW MATERIAL] DEFINITIONS.--As used in the Children's
94	94	Benefits Account Act:
95	95	A. "beneficiary" means a child in the custody of
96	96	the department who receives a monthly benefit from the federal
97	97	social security administration pursuant to Title II of the
98	98	federal Social Security Act;
99	99	B. "benefit" means the retirement, survivor and
100	100	disability insurance funds paid monthly to a beneficiary
101	101	pursuant to Title II of the federal Social Security Act;
102	102	C. "benefits account" means an account established
103	103	by the department into which a beneficiary's monthly benefit is
104	104	deposited and maintained by the department on behalf of the
105	105	beneficiary;
106	106	D. "eligible beneficiary" means a child in the
107	107	custody of the department who is not a beneficiary but is
108	108	identified by the department as eligible to receive benefits
109	109	from the federal social security administration pursuant to
110	110	Title II of the federal Social Security Act; and
111	111	E. "representative payee" means the person or
112	112	entity appointed by the federal social security administration
113	113	to receive and manage the benefits of a beneficiary who is
114	114	unable to manage those benefits or any of the beneficiary's own
115	115	.230236.3SA
116	116	- 2 - underscored material = new
117	117	[bracketed material] = delete
118	118	1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142	25
143	143	finances."
144	144	SECTION 3. A new section of the Children's Code is
145	145	enacted to read:
146	146	"[NEW MATERIAL] FEDERAL SOCIAL SECURITY BENEFITS--
147	147	BENEFICIARY--ELIGIBLE BENEFICIARY--DEPARTMENT REPRESENTATIVE
148	148	PAYEE APPOINTMENT.--
149	149	A. The department shall take the steps necessary to
150	150	be appointed as the representative payee by the federal social
151	151	security administration for each child in the department's
152	152	custody who is a beneficiary or an eligible beneficiary.
153	153	B. If a child in the department's custody is a
154	154	beneficiary, the department shall request to be appointed as
155	155	the beneficiary's representative payee by application to the
156	156	federal social security administration, including providing a
157	157	plan indicating how the beneficiary's funds will be used to
158	158	meet the beneficiary's needs, as well as any other supportive
159	159	information necessary or appropriate.
160	160	C. If a child in the department's custody is an
161	161	eligible beneficiary, the department shall apply to the federal
162	162	social security administration for benefits on behalf of that
163	163	child and shall at that same time apply to be appointed as the
164	164	child's representative payee, including providing a plan
165	165	indicating how the beneficiary's funds will be used to meet the
166	166	beneficiary's needs, as well as any other supportive
167	167	information necessary or appropriate.
168	168	.230236.3SA
169	169	- 3 - underscored material = new
170	170	[bracketed material] = delete
171	171	1
172	172	2
173	173	3
174	174	4
175	175	5
176	176	6
177	177	7
178	178	8
179	179	9
180	180	10
181	181	11
182	182	12
183	183	13
184	184	14
185	185	15
186	186	16
187	187	17
188	188	18
189	189	19
190	190	20
191	191	21
192	192	22
193	193	23
194	194	24
195	195	25
196	196	D. Within thirty days of being appointed as a
197	197	representative payee, the department shall provide notice of
198	198	the appointment to the beneficiary and the beneficiary's parent
199	199	or guardian."
200	200	SECTION 4. A new section of the Children's Code is
201	201	enacted to read:
202	202	"[NEW MATERIAL] BENEFICIARY FUNDS--BENEFITS ACCOUNT--
203	203	DEPARTMENT MANAGEMENT--DUTIES--ACCOUNTING.--
204	204	A. The department shall establish a no-cost
205	205	benefits account at a financial institution in this state for
206	206	each beneficiary for whom the department is appointed as
207	207	representative payee. If a beneficiary for whom the department
208	208	is a representative payee has funds from benefits credited to
209	209	the beneficiary in another account established prior to the
210	210	department being appointed as representative payee, those funds
211	211	shall be transferred to the department for deposit into the
212	212	beneficiary's benefits account along with any lump-sum
213	213	retroactive benefits due and paid on behalf of the beneficiary.
214	214	B. Each benefit payment received by the department
215	215	on behalf of a beneficiary shall be deposited into the
216	216	beneficiary's benefits account as established pursuant to
217	217	Subsection A of this section, and the department shall
218	218	administer, maintain and manage the benefits account only to
219	219	the benefit of that beneficiary.
220	220	C. In administering and managing benefits accounts,
221	221	.230236.3SA
222	222	- 4 - underscored material = new
223	223	[bracketed material] = delete
224	224	1
225	225	2
226	226	3
227	227	4
228	228	5
229	229	6
230	230	7
231	231	8
232	232	9
233	233	10
234	234	11
235	235	12
236	236	13
237	237	14
238	238	15
239	239	16
240	240	17
241	241	18
242	242	19
243	243	20
244	244	21
245	245	22
246	246	23
247	247	24
248	248	25
249	249	the department shall:
250	250	(1) maintain an internal system whereby each
251	251	beneficiary's benefits account is tracked and maintained as
252	252	separate and distinct from any other beneficiary's benefits
253	253	account;
254	254	(2) provide a process by which the beneficiary
255	255	of a benefits account or the parent or guardian of that
256	256	beneficiary may request an accounting of the beneficiary's
257	257	benefits account;
258	258	(3) create an annual statement for each
259	259	benefits account that includes an accounting of all deposits
260	260	and disbursements from the account and provide the annual
261	261	statement to each beneficiary and each beneficiary's parent or
262	262	legal guardian; and
263	263	(4) update the permanency plan as needed of a
264	264	beneficiary to indicate that the child is receiving benefits as
265	265	a beneficiary and the department is the beneficiary's
266	266	representative payee."
267	267	SECTION 5. A new section of the Children's Code is
268	268	enacted to read:
269	269	"[NEW MATERIAL] BENEFICIARY--AGE SEVENTEEN--OTHER EVENTS
270	270	IMPACTING BENEFITS ACCOUNT--ACCOUNT CLOSURE--DEPARTMENT
271	271	ASSISTANCE.--
272	272	A. For a beneficiary who has reached the age of
273	273	seventeen and is receiving benefits, the department shall
274	274	.230236.3SA
275	275	- 5 - underscored material = new
276	276	[bracketed material] = delete
277	277	1
278	278	2
279	279	3
280	280	4
281	281	5
282	282	6
283	283	7
284	284	8
285	285	9
286	286	10
287	287	11
288	288	12
289	289	13
290	290	14
291	291	15
292	292	16
293	293	17
294	294	18
295	295	19
296	296	20
297	297	21
298	298	22
299	299	23
300	300	24
301	301	25
302	302	determine whether, upon turning eighteen years of age, the
303	303	beneficiary will require a representative payee to assist in
304	304	managing the beneficiary's benefits as follows:
305	305	(1) if the department determines that the
306	306	beneficiary requires a representative payee, the department
307	307	shall identify an appropriate representative payee, who shall
308	308	comply with the representative payee responsibilities set forth
309	309	in 20 CFR Section 404.2035, as amended; and
310	310	(2) if the department determines that the
311	311	beneficiary does not require a representative payee, the
312	312	department shall provide assistance to the beneficiary with
313	313	managing the beneficiary's benefits. The assistance may
314	314	include education about maintaining eligibility for benefits
315	315	and establishing and maintaining a bank account for purposes of
316	316	electronic direct deposit of benefits.
317	317	B. The department shall disburse any remaining
318	318	funds in a beneficiary's benefits account as permitted by
319	319	federal guidelines and rules adopted by the department when a
320	320	beneficiary is no longer in the custody of the department
321	321	because the beneficiary:
322	322	(1) has aged out of foster care;
323	323	(2) is reunited with the beneficiary's family;
324	324	or
325	325	(3) is legally granted a permanent guardian or
326	326	adoptive parent.
327	327	.230236.3SA
328	328	- 6 - underscored material = new
329	329	[bracketed material] = delete
330	330	1
331	331	2
332	332	3
333	333	4
334	334	5
335	335	6
336	336	7
337	337	8
338	338	9
339	339	10
340	340	11
341	341	12
342	342	13
343	343	14
344	344	15
345	345	16
346	346	17
347	347	18
348	348	19
349	349	20
350	350	21
351	351	22
352	352	23
353	353	24
354	354	25
355	355	C. A benefits account from which the department has
356	356	disbursed the remaining funds as provided in Subsection B of
357	357	this section shall be closed and the department shall provide
358	358	the beneficiary and, if the beneficiary is younger than
359	359	eighteen years of age, the beneficiary's parent or guardian
360	360	with an audited closing statement of the benefits account. "
361	361	SECTION 6. A new section of the Children's Code is
362	362	enacted to read:
363	363	"[NEW MATERIAL] BENEFITS ACCOUNTS--CONFIDENTIALITY.--
364	364	Benefits accounts shall be confidential. Account balances and
365	365	activities in a benefits account shall only be disclosed to the
366	366	beneficiary, to the beneficiary's parent or guardian, to a
367	367	court-appointed guardian ad litem, to the beneficiary's youth
368	368	attorney or by order of a court of competent jurisdiction."
369	369	SECTION 7. A new section of the Children's Code is
370	370	enacted to read:
371	371	"[NEW MATERIAL] LIMITATION OF DEPARTMENT LIABILITY.--The
372	372	department shall not be liable for any delays by the federal
373	373	social security administration in processing and disbursing a
374	374	beneficiary's benefits and shall not be required to take steps
375	375	to recoup losses as a result of those delays. The department
376	376	shall be responsible for maintaining and managing only the
377	377	benefits received by the department on behalf of a beneficiary
378	378	during the time that the department is the beneficiary's
379	379	representative payee."
380	380	.230236.3SA
381	381	- 7 - underscored material = new
382	382	[bracketed material] = delete
383	383	1
384	384	2
385	385	3
386	386	4
387	387	5
388	388	6
389	389	7
390	390	8
391	391	9
392	392	10
393	393	11
394	394	12
395	395	13
396	396	14
397	397	15
398	398	16
399	399	17
400	400	18
401	401	19
402	402	20
403	403	21
404	404	22
405	405	23
406	406	24
407	407	25
408	408	SECTION 8. A new section of the Children's Code is
409	409	enacted to read:
410	410	"[NEW MATERIAL] RULES--DEPARTMENT OF FINANCE AND
411	411	ADMINISTRATION POLICIES--PROMULGATION AND ADOPTION.--By October
412	412	1, 2025, the department shall, in collaboration with the
413	413	department of finance and administration, adopt rules in
414	414	accordance with the State Rules Act for the implementation and
415	415	administration of the provisions of the Children's Benefits
416	416	Account Act."
417	417	SECTION 9. EFFECTIVE DATE.--The effective date of the
418	418	provisions of this act is July 1, 2025.
419	419	- 8 -
420	420	.230236.3SA