As used in this article 2 and article 1 of this title 26, unless the context otherwise requires:
(1) Activities of daily living means the basic self-care activities, including eating, bathing, dressing, transferring from bed to chair, bowel and bladder control, and independent ambulation.
(1.3) Applicant means any individual or family who individually or through a designated representative or someone acting responsibly for the individual or family has applied for benefits under the programs of public assistance administered or supervised by the state department pursuant to this article 2.
(1.5) Repealed.
(2) Assistance payments means financial assistance (other than medical assistance covered by the Colorado Medical Assistance Act) provided pursuant to rules and regulations adopted by the state department and includes pensions, grants, and other money payments to or on behalf of recipients.
(3) Blind means any individual who has not more than ten percent visual acuity in the better eye with correction, or not more than 20/200 central visual acuity in the better eye with correction, or a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
(4) Dependent child means:
(a) A needy child under the age of eighteen who has been deprived of parental support or care by reason of the death, the continued absence from the home, the physical or mental incapacity, or the unemployment of a parent, as determined under standards prescribed by the state department through rules and regulations, and who is living with a person related to such child within the fifth degree in a place of residence maintained by one or more of such relatives as his, her, or their own home, and whose relatives or other person liable under the law for the child's support are not able to provide adequate care and support of such child without assistance payments under a program for aid to families with dependent children; or
(b) A needy child who would meet the requirements of paragraph (a) of this subsection (4) except for his removal from a home of a relative specified in said paragraph (a) by a judicial determination that continued residence in such home would be contrary to the best interests of such child, when all of the following conditions are present:
(I) The placement and care of such child are the responsibility of the state department or a county department;
(II) Such child has been placed in a foster care home or child care institution as a result of such judicial determination;
(III) Assistance payments for such child were received under this article in or for the month in which court proceedings leading to such determination were initiated, or such payments would have been received for such month if application had been made therefor, or, in the case of a child who had been living with a relative specified in paragraph (a) of this subsection (4) within six months prior to the month in which such proceedings were initiated, such payments would have been received in or for such month if in such month he had been living with and removed from the home of such relative and application had been made therefor; or
(c) A person otherwise meeting the requirements of paragraph (a) of this subsection (4) who is under the age of nineteen years and a full-time student in regular attendance at a secondary school or enrolled in an equivalent level of vocational or technical training designed to train him for gainful employment and who is reasonably expected to complete the program of such secondary school or such technical or vocational training before reaching the age of nineteen.
(5) Essential person means a person who resides with a recipient of assistance payments under a program for aid to the blind or aid to the needy disabled and, pursuant to rules and regulations adopted by the state department, is determined to be rendering a service to the recipient which, if the recipient were living alone, would have to be provided for him.
(5.3) Instrumental activities of daily living means home management and independent living activities such as cooking, cleaning, using a telephone, shopping, doing laundry, providing transportation, and managing money.
(5.5) (Deleted by amendment, L. 97, p. 1230, � 14, effective July 1, 1997.)
(5.7) Legal immigrant means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the immigration and naturalization service, or any successor agency, as an actual or prospective permanent resident or whose extended physical presence in the United States is known to and allowed by the immigration and naturalization service, or any successor agency.
(6) (Deleted by amendment, L. 2006, p. 1504, � 47, effective June 1, 2006.)
(7) Public assistance means assistance payments, food stamps, and social services provided to or on behalf of eligible recipients through programs administered or supervised by the state department, either in cooperation with the federal government or independently without federal aid, pursuant to this article 2. Public assistance includes programs for old age pensions, except for the old age pension health and medical care program, and also includes the Colorado works program, aid to the needy disabled, aid to the blind, child welfare services, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121, and funeral and final disposition expenses as described in section 26-2-129.
(7.5) Qualified alien shall have the meaning ascribed to that term in section 431 (b) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended.
(8) Recipient means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of this article.
(9) Resident means any individual who is living, other than temporarily, within the state of Colorado, or a particular county therein, voluntarily and with the intention of making his home there. Resident includes any unemancipated child whose parents, or other person entitled to custody, live within such state or county. Temporary absences from such state or county shall not cause an individual to lose his status as a resident if he has an intent to return and has not abandoned his residence.
(10) Social security act means the federal Social Security Act and amendments thereto.
(11) (a) Social services means services and payments for services available, directly or indirectly, through the staff of the state department of human services and county departments of human or social services or through state designated agencies, where applicable, for the benefit of eligible persons. The services are provided pursuant to rules adopted by the state board. Social services may include day care, homemaker services, foster care, and other services to individuals or families for the purpose of attaining or retaining capabilities for maximum self-care, self-support, and personal independence and services to families or members of families for the purpose of preserving, rehabilitating, reuniting, or strengthening the family. At such time as Title XX of the social security act becomes effective with respect to federal reimbursements, social services may include child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services, and appropriate combinations of services designed to meet the special needs of children, persons who are elderly, persons with intellectual and developmental disabilities, persons who are blind, persons with behavioral or mental health disorders, persons with a physical disability, and persons with substance use disorders.
(b) Social services does not include medicaid services unless those services are delegated to the state department. Social services does not include medical services covered by the old age pension health and medical care program, or the children's basic health plan. Social services does not include child care assistance provided through the Colorado child care assistance program pursuant to part 1 of article 4 of title 26.5.
(12) and (13) Repealed.
(14) (a) Total disability, for the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act, means a physical or mental impairment which is disabling and which, because of other factors such as age, training, experience, and social setting, substantially precludes the person having such disability from engaging in a useful occupation as a homemaker or as a wage earner in any employment which exists in the community for which he has competence.
(b) For the purpose of the state-funded supplement to persons receiving federal financial benefits pursuant to Title XVI of the social security act, federal definitions promulgated pursuant to the said Title XVI shall apply.
Source: L. 73: R&RE, p. 1178, � 2. C.R.S. 1963: � 119-3-3. L. 75: (11) amended, p. 898, � 1, effective June 26; (6) amended, p. 889, � 4, effective July 28. L. 77: (6) amended, p. 1343, � 1, effective May 26; (1.5), (12), and (13) added, p. 1339, � 2, effective July 1. L. 79: (7) amended, p. 1086, � 11, effective July 1. L. 82: (4)(c) amended, p. 426, � 1, effective July 1. L. 84: (4)(a) amended, p. 793, � 1, effective March 1, 1985. L. 85: (13) amended, p. 348, � 2, effective April 5. L. 89, 1st Ex. Sess.: (1.5), (12), and (13) amended and (5.5) added, p. 38, � 4, effective July 25. L. 90: (4)(a) amended, p. 1358, � 1, effective October 1. L. 91: (11) amended, p. 1896, � 7, effective July 1. L. 93: (11) amended, p. 1665, � 74, effective July 1. L. 94: (4)(a) amended, p. 451, � 1, effective March 29; (11) amended, p. 2703, � 260, effective July 1. L. 97: (5.5) and (7) amended, p. 1230, � 14, effective July 1; (5.7) and (7.5) added, p. 1251, � 1, effective July 1. L. 2003: (7) and (11) amended, p. 2585, � 8, effective July 1. L. 2006: (6) amended and (14) added, p. 1504, � 47, effective June 1; (11) amended, p. 1996, � 26, effective July 1. L. 2011: (5.7) amended, (HB 11-1303), ch. 264, p. 1169, � 71, effective August 10; (7) and (11)(b) amended, (SB 11-210), ch. 187, p. 722, � 10, effective July 15, 2012. L. 2017: IP and (11)(a) amended, (HB 17-1046), ch. 50, p. 160, � 15, effective March 16; (11)(a) amended, (SB 17-242), ch. 263, p. 1332, � 216, effective May 25. L. 2021: (7) amended, (SB 21-006), ch. 123, p. 497, � 27, effective September 7; (1) amended and (1.3) and (5.3) added, (HB 21-1187), ch. 83, p. 344, � 49, effective July 1, 2024. L. 2022: (11)(b) amended, (HB 22-1295), ch. 123, p. 856, � 92, effective July 1. L. 2024: (11)(b) amended, (HB 24-1399), ch. 76, p. 259, � 31, effective July 1, 2025.
Editor's note: (1) Title XX of the social security act became effective with respect to federal reimbursements on October 1, 1975.
(2) Subsection (12)(b) provided for the repeal of subsection (12), effective January 1, 1990. (See L. 89, 1st Ex. Sess., p. 38.) Subsections (1.5)(b) and (13)(b) provided for the repeal of subsections (1.5) and (13), respectively, effective October 1, 1992. (See L. 89, 1st Ex. Sess., p. 38.)
Cross references: (1) (a) For the legislative declaration contained in the 1994 act amending subsection (11), see section 1 of chapter 345, Session Laws of Colorado 1994.
(b) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
(2) For the Colorado Medical Assistance Act, see articles 4, 5, and 6 of title 25.5.
26-2-104. Public assistance programs - automatic enrollment - electronic benefits transfer service - joint reports with department of revenue - signs - rules - definitions. (1) (a) The state department is hereby designated as the single state agency to administer or supervise the administration of public assistance programs in this state in cooperation with the federal government pursuant to the social security act and this article. The state department shall establish public assistance programs consisting of assistance payments and social services to be made available to eligible individuals, including but not limited to old age pensions, the Colorado works program, aid to the needy disabled, and aid to the blind.
(b) The state department may review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for public assistance. The state department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the state department that the action or delay in taking action was a violation of or contrary to state department rules, make such decision as to the granting of assistance payments and the amount thereof as in its opinion is justifiable pursuant to the provisions of this article and the rules of the state department. Applicants or recipients affected by such decisions of the state department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the state department.
(c) (I) Notwithstanding any other provision of law, a state, local, or tribal government may use any data or information in its possession to automatically enroll, or send a notice of potential eligibility to enroll to, any individual or household regarding any benefit program.
(II) Notwithstanding any other provision of law, a state, local, or tribal government may request an individual or household attest to receiving support from a benefit program or otherwise provide proof of the individual's or household's enrollment in any benefit program with the same or more restrictive enrollment requirements as evidence to enroll an individual or household in any other benefit program.
(III) For the purposes of this subsection (1)(c), unless the context otherwise requires:
(A) Benefit program means any federally, state, or locally funded program intended to provide assistance or support to an individual or household. Benefit program does not include monetary assistance or support that is claimed by an individual or household when filing an income tax return.
(B) State, local, or tribal government means the state, a municipality, county, city and county, or federally recognized tribal nation with land inside of the state.
(2) (a) (I) The state department is authorized to implement an electronic benefits transfer service for administering the delivery of public assistance payments and food stamps to recipients. The electronic benefits transfer service shall be designed to allow clients access to cash benefits through automated teller machines or similar electronic technology. The electronic benefits transfer service allows clients eligible for food stamps access to food items through the use of point-of-sale terminals at retail outlets.
(II) Only those businesses that offer products or services related to the purpose of the public assistance benefits are allowed to participate in the electronic benefits transfer service through the use of point-of-sale terminals. Clients shall not be allowed to access cash benefits through the electronic benefits transfer service from automated teller machines in this state located in:
(A) Licensed gaming establishments as defined in section 44-30-103 (18), in-state simulcast facilities as defined in section 44-32-102 (11), tracks for racing as defined in section 44-32-102 (24), or commercial bingo facilities as defined in section 24-21-602 (11);
(B) Stores or establishments in which the principal business is the sale of firearms;
(C) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44; except that the prohibition in this subsection (2)(a)(II)(C) does not apply to establishments licensed as liquor-licensed drugstores under section 44-3-410;
(D) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015; or
(E) Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015.
(II.5) As soon as possible after May 1, 2015, the state department shall notify the establishments described in sub-subparagraphs (D) and (E) of subparagraph (II) of this paragraph (a) of the prohibition contained in those sub-subparagraphs.
(III) In the development and implementation of the service, the state department shall consult with representatives of those persons, agencies, and organizations that will use or be affected by the electronic benefits transfer service, including program clients, to assure that the service is as workable, effective, and efficient as possible. The electronic benefits transfer service is applicable to the public assistance programs described in subsection (1) of this section and to food stamps as described in part 3 of this article 2. The state department shall contract in accordance with state purchasing requirements with any entity for the development and administration of the electronic benefits transfer service. In order to ensure the integrity of the electronic benefits transfer service, the system developed pursuant to this section must use, but is not limited to, security measures such as individual personal identification numbers, photo identification, or fingerprint identification. The security method or methods selected must be those that are most efficient and effective. The state board shall establish by rule a policy and procedure to limit losses to a client after the client reports that the electronic benefits transfer card or benefits have been lost or stolen. The state department may authorize county departments of human or social services to charge a fee to a client to cover the costs related to issuing a replacement electronic benefits transfer card.
(IV) When the owner of an automated teller machine located in an establishment described in subparagraph (II) of this paragraph (a) moves the machine to a location not so described, the owner shall reprogram the machine to allow public assistance recipients to access the machine.
(b) The state board is authorized to promulgate rules necessary to implement and administer the electronic benefits transfer service created in this subsection (2). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
(c) The state department is authorized to request federal waivers as necessary to administer the electronic benefits transfer service.
(d) to (f) Repealed.
(g) On or before January 1, 2016, the state department shall adopt rules pursuant to the State Administrative Procedure Act, article 4 of title 24, C.R.S., to enforce the prohibition of clients accessing benefits at an automated teller machine located in an establishment described in paragraph (a) of this subsection (2) or any other establishment in which a client is prohibited from accessing benefits by federal law. The rules must include increasing penalties for multiple violations.
(h) (I) On or before January 1, 2016, the department of revenue shall adopt rules pursuant to the State Administrative Procedure Act, article 4 of title 24, that relate to a client's use of automated teller machines at locations where the use is prohibited. The rules must apply to the following establishments:
(A) Licensed gaming establishments as defined in section 44-30-103 (18); in-state simulcast facilities as defined in section 44-32-102 (11); and tracks for racing as defined in section 44-32-102 (24);
(B) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44, excluding establishments licensed as liquor-licensed drugstores under section 44-3-410;
(C) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; and
(D) Any other establishments regulated by the department of revenue at which a client is prohibited from accessing public benefits pursuant to federal law.
(II) The rules adopted pursuant to subparagraph (I) of this paragraph (h) must include:
(A) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located post a sign on or near the automated teller machine notifying clients that this section prohibits the use of an electronic benefits service transfer card at the machine. The sign must contain the following statement:
The use of an electronic benefits transfer service (EBT) card to access public benefits at this machine is prohibited by Colorado law, section 26-2-104, Colorado Revised Statutes.
(B) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located take measures to prevent a client from using an electronic benefits transfer service card to access moneys from such an automated teller machine;
(C) Methods to enforce the requirement of sub-subparagraph (B) of this subparagraph (II) against the operator of the establishment including increasing penalties for multiple violations; and
(D) A provision that any establishment described in subparagraph (I) of this paragraph (h) is exempt from the requirements of the rules adopted pursuant to sub-subparagraphs (A) to (C) of this subparagraph (II) if the establishment provides to the department of revenue a statement from the owner or operator of each automated teller machine located within the establishment verifying that the machine does not accept electronic benefits transfer service cards; except that, if one or more violations of subparagraph (II) of paragraph (a) of this subsection (2) occur at any such establishment, the department of revenue may take measures to prevent future violations, including increasing penalties for multiple violations, not to exceed one hundred dollars per violation.
Source: L. 73: R&RE, p. 1180, � 2. C.R.S. 1963: � 119-3-4. L. 95: Entire section amended, p. 593, � 3, effective May 22. L. 96: (2) amended, p. 138, � 1, effective April 2. L. 97: (1) amended, p. 1230, � 15, effective July 1; (1) amended, p. 1320, � 3, effective July 1; (2)(a) amended, p. 303, � 17, effective July 1. L. 98: (2)(a) amended, p. 80, � 1, effective March 23. L. 2003: (2)(d) added, p. 1593, � 1, effective May 2. L. 2005: (2)(d) repealed, p. 568, � 1, effective July 1. L. 2006: (2)(e) added, p. 336, � 1, effective April 4. L. 2015: (2)(a) amended, (SB 15-065), ch. 148, p. 445, � 2, effective May 1; (2)(f), (2)(g), and (2)(h) added, (HB 15-1255), ch. 149, pp. 448, 450, �� 1, 3, effective May 1. L. 2016: (2)(h)(II)(B) and (2)(h)(II)(D) amended, (SB 16-189), ch. 210, p. 774, � 70, effective June 6. L. 2017: (2)(a)(II)(C), IP(2)(h)(I), and (2)(h)(I)(B) amended, (HB 17-1365), ch. 383, p. 1991, � 1, effective August 9; (2)(f) amended, (SB 17-234), ch. 154, p. 522, � 9, effective August 9; (2)(f) amended, (HB 17-1137), ch. 45, p. 134, � 5, effective August 9. L. 2018: (2)(a)(III) amended, (SB 18-092), ch. 38, p. 447, � 117, effective August 8; (2)(a)(II)(A), IP(2)(h)(I), and (2)(h)(I)(A) amended, (SB 18-034), ch. 14, p. 249, � 43, effective October 1; (2)(a)(II)(D) and (2)(h)(I)(C) amended, (HB 18-1023), ch. 55, p. 590, � 21, effective October 1; (2)(a)(II)(A) amended, (HB 18-1024), ch. 26, p. 323, � 18, effective October 1; (2)(a)(II)(C) and (2)(h)(I)(B) amended, (HB 18-1025), ch. 152, p. 1080, � 14, effective October 1. L. 2019: (2)(a)(II)(D) and (2)(h)(I)(C) amended, (SB 19-224), ch. 315, p. 2941, � 27, effective January 1, 2020. L. 2024: (1)(c) added, (HB 24-1288), ch. 173, p. 944, � 3, effective August 7.
Editor's note: (1) Amendments to subsection (1) by House Bill 97-1344 and Senate Bill 97-120 were harmonized.
(2) Subsection (2)(e)(II) provided for the repeal of subsection (2)(e), effective January 1, 2007. (See L. 2006, p. 336.)
(3) Section 4 of chapter 149 (HB 15-1255), Session Laws of Colorado 2015, provides that subsection (2)(h) takes effect only if SB 15-065 becomes law. SB 15-065 became law and took effect May 1, 2015.
(4) Amendments to subsection (2)(a)(II)(A) by SB 18-034 and HB 18-1024 were harmonized.
(5) Subsection (2)(f)(II) provided for the repeal of subsection (2)(f), effective January 2, 2019. (See L. 2017, p. 522.)
Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 1 of chapter 161, Session Laws of Colorado 1995. For the legislative declaration in SB 15-065, see section 1 of chapter 148, Session Laws of Colorado 2015. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.