HB1398: relative to relief and maintenance provided to certain non-residents.

HB 1398-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-2329

05/10

HOUSE BILL 1398-FN-LOCAL

AN ACT relative to relief and maintenance provided to certain non-residents.

SPONSORS: Rep. Brundige, Hills 58; Rep. N. Johnson, Straf 68; Sen. O'Hearn, Dist 12

COMMITTEE: Municipal and County Government

ANALYSIS

This bill describes a municipality's obligation to provide assistance to certain non-residents. The bill also provides that a municipality may seek reimbursement for such assistance from the municipality in which the person most recently resided.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2329

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to relief and maintenance provided to certain non-residents.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Sections; Liability for Support in Town of Most Recent Residence; Notice to Town of Most Recent Residence. Amend RSA 165 by inserting after section 19 the following new sections:

165:19-a Liability for Support in Town of Most Recent Residence.

I. Any municipality which provides support and maintenance pursuant to RSA 165:1, I to a person who has not resided or been present in the municipality for 30 days, may recover from the municipality in which the person most recently resided, all assistance provided to the person during his or her first 30 days in the assisting municipality. For the purpose of this chapter, the municipality in which the person most recently resided refers to the municipality in which a person most recently either:

(a) Was a lawful tenant or lawful member of a tenant household within the 6-month period immediately preceding the initial grant of assistance by the assisting municipality. Occupants of property set forth in RSA 540:1-a, IV and RSA 540-B:1, and occupants of emergency shelters for homeless persons shall not be considered tenants or members of tenant households for the purpose of this section.

(b) Resided in a home which was either:

(1) Owned by the recipient or his or her spouse or a member of their household within the 6-month period immediately preceding the initial grant of assistance by the assisting municipality.

(2) Owned by the parents of the recipient or his or her spouse within the 6-month period immediately preceding the initial grant of assistance by the assisting municipality.

II. A municipality that provides support and maintenance to a person who occupies an emergency shelter for homeless persons may recover from the municipality of most recent residence all assistance provided while the person resides in such shelter.

III. Notwithstanding paragraphs I and II, the municipality of most recent residence shall not be liable if the assisted person was denied assistance or has been suspended by the municipality of most recent residence for the time period covered by the assistance furnished by the assisting municipality. In order to be relieved of liability pursuant to this paragraph, the municipality of most recent residence shall have issued a lawful written notice of denial, termination, or suspension of assistance to the recipient, a copy of which shall be furnished to the assisting municipality upon request.

IV. The fact that the recipient did not initially seek assistance from the municipality of most recent residence shall not be a basis to deny recovery to the assisting municipality pursuant to this section.

165:19-b Notice to Town of Most Recent Residence. In order to recover assistance from another municipality pursuant to RSA 165:19-a, the assisting municipality shall provide to the welfare office in the municipality of most recent residence written notice of the name of the recipient and the type and amount of assistance provided. Notice shall be sufficient if postmarked 72 hours from each grant of assistance for which the assisting municipality seeks recovery.

2 Local Assistance; Who Entitled. Amend RSA 165:1, I to read as follows:

I. Whenever a person in any town is poor and unable to support himself or herself, [he] the person shall be relieved and maintained by the overseers of public welfare of such town, whether or not he or she has residence there. [For the purposes of this chapter the term "residence" shall have the same definition as in RSA 21:6-a].

3 Emergency Shelter Program; Residency; Effect on Obligation to Provide Local Assistance. Amend RSA 126-A:30 to read as follows:

126-A:30 Residency.

I. Persons receiving short-term emergency housing under this subdivision shall continue to maintain their legal residence as it existed at the time of entering the emergency shelter.

II. This section shall not affect the obligation of a municipality to relieve and maintain non-residents who are poor and unable to support themselves pursuant to RSA 165:1 and RSA 165:1-c except that an assisting municipality may seek recovery of all assistance provided while a recipient occupies such a shelter from the municipality of most recent residence as defined in RSA 165:19-a.

4 New Paragraph; Aid to Assisted Persons; Disqualification for Noncompliance with Guidelines; Effect of Ineligibility or Suspension of Assistance. Amend RSA 165:1-b by inserting after paragraph IV the following new paragraph:

V. Any person who has been lawfully found ineligible or suspended by a municipality pursuant to this section shall not be eligible for local welfare assistance from another municipality during the period of ineligibility or suspension; provided, however, that:

(a) The municipality that has found the applicant ineligible or has suspended the recipient provides a copy of a lawful notice of ineligibility or suspension to the welfare office from which the person is currently seeking assistance.

(b) In the case of an ongoing suspension, the applicant is given an opportunity to establish before the municipality where he or she is seeking assistance that he or she has come into compliance with the guidelines that were the basis of the suspension, including the opportunity for a fair hearing.

5 Repeal. RSA 165:1-a, relative to the definition of an assisted person, is repealed.

6 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-2329

12/19/03

HB 1398-FN-LOCAL - FISCAL NOTE

AN ACT relative to relief and maintenance provided to certain non-residents.

FISCAL IMPACT:

The New Hampshire Municipal Association states this bill will have an indeterminable fiscal impact on local revenue and expenditures in FY 2004 and each year thereafter. There will be no fiscal impact on state and county revenue or expenditures.

METHODOLOGY:

The Association states this bill would allow a municipality providing local welfare assistance to a recipient who has not been a resident for 30 days to obtain reimbursement from the recipient's municipality of most recent residence for the first 30 days of assistance provided to the recipient. Establishing local welfare responsibility for a municipality of most recent residence is a new financial obligation imposed on municipalities. However, this legislation would also provide the opportunity for municipalities to be reimbursed for the amount of assistance provided to recipients who have been residents for less than 30 days. The amount of new financial obligation and the amount of reimbursement is not possible to determine as it will vary with the nature of the recipients who receive local welfare assistance in each municipality.