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2002. During the 2002 Legislative Session HB 11 and SB 129 were passed, identical bills that allow for the State to opt out of the provision in PRWORA to prohibit TANF funded cash assistance to an individual convicted of a drug related felony. Governor Gary Johnson signed both bills into law on March 1, 2002. In compliance with the law, the NMW program does not disqualify, from participation, any individual who has been convicted of a drug-related felony effective May 15, 2002.

2003. During the 2003 Legislative Session, several amendments were passed to the NMWA. The amendments allow for expanded eligibility using state funds for certain circumstances: 1. Individuals in school who receive special education services. 2. Individuals with an SSI application only if the individual is also waived from the NMW work requirement based on disability (an extension of TANF under hardship). 3. An exclusion of all vehicles used for transportation to/from work, school, or other daily living activities; and 4. Removed the requirement of applying non-reporting sanctions or payment reductions when an adult fails to report that a dependent child is not in compliance with school attendance requirements.

The Legislature also passed the state funded EWA, which revised the EWP. It remains a time-limited program based on attendance in an institution of higher education.

2005. The 2005 TANF State Plan was amended to include the recovery of benefits from dormant EBT accounts after 180 days and clarify those benefits removed do not count toward the individual’s 60-month lifetime limit and to allow early childhood development programs to include pre-kindergarten children programs at 185% of FPG. 2006. The US Department of Health and HHS ACF clarified that under the FLSA, TANF participants cannot be required to participate in non-paid work activities beyond their TANF cash assistance benefit divided by the federal minimum wage. However, the USDA and FNS provides a solution under their SFSP. During the 2006 Legislative Special Session, funds were appropriated to increase the payment standard for the month of August. The clothing allowance payment standard for eligible benefit groups was increased to $100 from $44 for each school-age child included in the benefit group.

2007. During the 2007 Legislative Session, HB 140 was passed, which clarified and expanded the eligibility requirements, delineating allowable uses of and the treatment of resources, creating the IDA Program and aligned the NMW regulations.

During the same Legislative Session HB 342 was passed clarifying work program activities, countable hours of participation, waivers, and treatment of CSED payment disregards. Regulations were aligned with said bill by incorporating a limited participation waiver which mandates that disabled individuals who cannot meet work participation hours must still be actively involved in activities specific to their conditions and circumstances. The goal is to eliminate as many barriers as possible to prepare the individual to meet the standard work participation requirements.

During the same Legislative Session HB 1280 was enacted to improve the effectiveness of the workforce service and delivery system. HB 1280 combined all functions and staff of the Governor’s Office of Workforce Training and Development with the functions and staff of the New Mexico Department of Labor to create DWS. In conjunction with DWS, HSD is working toward the objectives of the WIOA. The TANF State Plan is a part of the Combined WIOA State Plan. You can access it via link: