House Bill 1319

AN ACT TO AMEND SECTIONS 43-1-7, 43-12-37 AND 43-19-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT APPLICANTS FOR OR RECIPIENTS OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS SHALL NOT BE REQUIRED TO COOPERATE WITH THE DEPARTMENT OF HUMAN SERVICES IN DETERMINING PATERNITY FOR THE PURPOSES OF ENFORCING CHILD SUPPORT OBLIGATIONS IN ORDER TO BE ELIGIBLE FOR THOSE BENEFITS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-1-7, Mississippi Code of 1972, is amended as follows:

43-1-7. (1) The Department of Human Services may establish family resource centers to help families who are receiving or are eligible to receive assistance from government agencies to facilitate their access to services and resources that will lead to increased family independence.

(2) The department shall carry out an intense public information campaign to inform low-income workers, and especially public assistance recipients, of the availability of and application rules for the federal Earned Income Tax Credit (EITC), in order to maximize the refund of federal income tax withheld from those persons. The information campaign shall include publishing and circulating bulletins or notices to recipients of Temporary Assistance for Needy Families (TANF) benefits and other public assistance that publicize and explain the EITC and the criteria for family eligibility for the EITC. The department also shall carry out an intense information campaign to inform employers of the availability of and the criteria for eligibility for the Work Opportunity Tax Credit (WOTC), which offers employers a credit against their federal tax liability for hiring people from certain target groups, including TANF recipients, and to inform employers of the availability of and the criteria for eligibility for the state income tax credit for employers who hire persons receiving TANF benefits as authorized under Section 27-7-22.1.

(3) The department shall establish and maintain a statewide incoming wide area telephone service hot line for the purpose of reporting suspected cases of welfare eligibility fraud, * * *~~food stamp~~ Supplemental Nutrition Assistance Program (SNAP) fraud and Medicaid fraud. The department is authorized, subject to the extent of appropriations available, to offer financial incentives to individuals for reporting such suspected cases of public assistance fraud.

(4) Any applicant for or recipient of TANF benefits * * *~~or Food Stamps~~ shall be required to agree that, as a condition of eligibility for those benefits, the person will cooperate with the department in determining paternity for the purposes of enforcing child support obligations. Applicants for or recipients of SNAP benefits shall not be required to cooperate with the department in determining paternity for the purposes of enforcing child support obligations in order to be eligible for those benefits. The department shall utilize methods and procedures provided for by state or federal law in determining paternity and enforcing child support obligations.

SECTION 2. Section 43-12-37, Mississippi Code of 1972, is amended as follows:

43-12-37. Noncompliance with Supplemental Nutrition Assistance Program rules. (1) The Department of Human Services shall set disqualification periods for all instances of noncompliance with any SNAP requirement, unless expressly prohibited by federal law. This section shall not apply to applicants for or recipients of SNAP benefits who do not cooperate with the department in determining paternity for the purposes of enforcing child support obligations.

(2) The department shall institute a three-month, full-household disqualification period for the first instance of noncompliance, unless expressly prohibited by federal law.

(3) The department shall institute a six-month, full-household disqualification period for the second instance of noncompliance, unless expressly prohibited by federal law.

(4) The department shall institute a permanent disqualification period for the third instance of noncompliance, unless expressly prohibited by federal law.

(5) If a recipient is subject to a disqualification period under subsection (4) of this section, the department shall institute a six-month disqualification period for the recipient's entire household, unless expressly prohibited by federal law.

(6) Unless expressly prohibited by federal law, recipients shall be subject to disqualification for failure to perform actions required by other federal, state, or local means-tested public assistance programs.

SECTION 3. Section 43-19-39, Mississippi Code of 1972, is amended as follows:

43-19-39. (1) All child support payments collected by the child support unit pursuant to Section 43-19-35 shall be distributed in the manner as prescribed by the federal Social Security Act and any amendments adopted thereto. Nothing contained herein shall preclude the child support unit in processing a paternity or support action for and on behalf of a child or children receiving * * * Temporary Assistance for Needy Families (TANF) benefits in which the applicant or recipient has refused cooperation. If a parent of any child receiving public assistance fails or refuses to cooperate with the local county department or child support unit in locating and securing support from the nonsupporting responsible parent, this parent may be cited to appear before the judge of any court having jurisdiction over such matter and compelled to disclose such information under oath. Any parent who, having been cited to appear before a judge of the court having jurisdiction over such matter, fails or refuses to appear or fails or refuses to provide the information requested may be found to be in contempt of * * *~~said~~ the court and may be fined not more than One Hundred Dollars ($100.00) or imprisoned not more than six (6) months or both. This subsection shall not apply to applicants for or recipients of SNAP benefits who do not cooperate with the local county department or child support unit in determining paternity for the purposes of enforcing child support obligations.

(2) In a manner which is consistent with the federal Social Security Act, any amendments thereto and its implementing regulations, the child support unit is * * *~~hereby~~ authorized to withhold from distribution any payment or portion thereof which it may receive on behalf of a child or children for whom it is providing services if reimbursement is needed for any payments which may have been mistakenly or erroneously advanced on behalf of that child or children. The child support unit shall adopt policies that minimize any hardship that is caused by withholding from distribution any current support payments to reimburse past mistaken or erroneous advancements.

SECTION 4. This act shall take effect and be in force from and after July 1, 2020.