Revision: March 22, 2013, midnight
HB 481-FN – AS AMENDED BY THE HOUSE
20Mar2013… 0778h
2013 SESSION
05/01
HOUSE BILL 481-FN
AN ACT limiting the state’s authority to seek reimbursement for public assistance.
SPONSORS: Rep. Hackel, Hills 29
COMMITTEE: Health, Human Services and Elderly Affairs
This bill removes the state’s ability under RSA 167:2 to recover public assistance from the recipient’s child and stepparent and limits parental liability to children under the age of 18 or for so long as the department of health and human services is mandated to recover support under Title IV of the Social Security Act. The bill also revises RSA 546-A, relative to civil liability for support, by removing a child’s obligation to support his or her parents and limiting a parent’s liability to support his or her children.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20Mar2013… 0778h
13-0763
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT limiting the state’s authority to seek reimbursement for public assistance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Liability for Support. Amend RSA 167:2 to read as follows:
167:2 Liability for Support; Recovery. Assistance rendered under this chapter or RSA 161 to anyone having a father, mother, [stepfather, stepmother, son, daughter,] husband or wife, whose weekly income or other resources are more than sufficient to provide a reasonable subsistence compatible with decency and health, may be recovered in an appropriate proceeding in the superior court brought by the commissioner of health and human services, in the name of the state, from either a father, mother, [stepfather, stepmother, son, daughter,] husband, or wife, who are declared jointly and severally liable for such assistance. A parent may be liable under this section only for assistance provided to a child under the age of 18, or for so long as the department of health and human services is mandated to recover support under Title IV of the Social Security Act. Such action shall be brought by the attorney general or the county attorney for the county in which any such relative resides when so requested by the commissioner of health and human services. Nothing in this section shall affect assistance eligibility or the amount of services that an applicant or recipient may be eligible for.
2 Uniform Civil Liability for Support; Liability. Amend RSA 546-A:2 to read as follows:
546-A:2 Liability. Every person whose income or other resources are more than sufficient to provide for his or her reasonable subsistence compatible with decency or health owes a duty to support or contribute to the support of the following persons when in need: his or her wife, husband, or child[, father or mother when in need] under the age of 18 or for so long as the department of health and human services is mandated to recover support for the child under Title IV of the Social Security Act.
3 Effective Date. This act shall take effect January 1, 2014.
LBAO
13-0763
Amended 03/21/13
HB 481 FISCAL NOTE
AN ACT limiting the state’s authority to seek reimbursement for public assistance.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as amended by the House (Amendment #2013-0778h), as it is awaiting information from the Department of Health and Human Services. When completed, the fiscal note will be forwarded to the House Clerk's Office.