(1) Emergency assistance. (a) (I) A general assistance fund is hereby established that shall consist of state general funds appropriated thereto by the general assembly. Moneys in the fund shall be used only for the purpose of providing emergency assistance pursuant to the provisions of this subsection (1) and shall be subject to annual appropriation by the general assembly.
(II) The state department shall allocate moneys in the fund described in subparagraph (I) of this paragraph (a) to the counties for the implementation of the emergency assistance program pursuant to the provisions of this subsection (1) and rules of the state department.
(b) The state department shall promulgate rules for the delivery of emergency assistance to a person who:
(I) Is a legal immigrant and a resident of the state of Colorado;
(II) Is not a citizen of the United States; and
(III) Meets the eligibility requirements for public assistance under this article other than citizen status and is not receiving any other public assistance under this article.
(c) Such emergency assistance may include but need not be limited to the following forms of assistance:
(I) Housing;
(II) Food;
(III) Short-term cash assistance; and
(IV) Clothing and social services for children.
(2) Sponsor responsibility policies. (a) The general assembly finds and declares that sponsors shall be expected to meet their moral and financial commitments to the immigrants whom they sponsor and for whom they sign affidavits of support.
(b) The state department shall promulgate rules consistent with this section and federal law to enforce sponsor commitments for noncitizen applicants for or recipients of public assistance or medical assistance.
(c) Enforcement mechanisms shall include but not be limited to the following:
(I) Income assignment;
(II) State income tax refund offset;
(III) State lottery winnings offset; and
(IV) Administrative lien and attachment.
(d) A recipient shall assign rights to any support under affidavits of support to the state of Colorado as a condition of receipt of public assistance or medical assistance under this title.
(e) To the extent not preempted by federal law, the state department shall commence a proceeding or an action to enforce duties under an affidavit of support within a period of time to be determined by the state board after a recipient for whom an affidavit of support has been signed has been approved for public assistance or medical assistance under this title.
Source: L. 97: Entire section added, p. 1252, � 3, effective July 1.
26-2-138. Refugee services program - state plan - rules - definitions - repeal. (Repealed)
Source: L. 2019: Entire section added, (SB 19-230), ch. 297, p. 2755, � 2, effective August 2. L. 2021: (4) amended, (HB 21-1150), ch. 350, p. 2278, � 3, effective September 7. L. 2023: (7) added by revision, (HB 23-1283), ch. 293, pp. 1766, 1767 �� 5, 10.
Editor's note: Subsection (7) provided for the repeal of this section, effective October 1, 2024. (See L. 2023, pp. 1766, 1767.)
26-2-139. Food pantry assistance grant program - created - timeline and criteria - grants - definitions. (Repealed)
Source: L. 2020: Entire section added, (HB 20-1422), ch. 116, p. 485, � 2, effective June 22. L. 2020, 1st Ex. Sess.: (1)(b), (2), (3)(b), IP(4)(a), (4)(b), (4)(c), and (5) amended, (HB 20B-1003), ch. 6, p. 35, � 2, effective December 7. L. 2021: (2), (3), and IP(4)(a) amended and (4.5) added, (SB 21-027), ch. 431, p. 2852, � 3, effective July 6. L. 2022: (1)(b)(I), (2), and (4)(c)(I) amended, (4)(d) and (6) added, and (5) repealed, (HB 22-1364), ch. 377, p. 2678, � 1, effective June 3. L. 2024: Entire section repealed, (HB 24-1407), ch. 81, p. 274, � 3, effective July 1.
26-2-140. Colorado diaper distribution program - diapering essentials - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Diaper distribution center means a community-based diaper bank or distribution center operating in Colorado, a public health agency created pursuant to section 25-1-506, or a Colorado nonprofit organization with a minimum of three years' experience distributing baby or toddler products.
(b) Diapering essentials includes diapers, wipes, and diaper creams.
(c) Eligible individual means a parent, guardian, or family member of a child who wears diapers and resides in Colorado.
(d) Program means the Colorado diaper distribution program created in subsection (2) of this section.
(2) There is created in the state department the Colorado diaper distribution program to provide diapering essentials to eligible individuals.
(3) (a) No later than thirty days after July 6, 2021, the state department shall solicit interest and cost distribution proposals from diaper distribution centers to administer the program. Upon the state department's approval, the diaper distribution centers may subcontract money received pursuant to this section to their partners as necessary to serve eligible individuals. The selected diaper distribution centers must be operational no later than thirty days after entering into a contract with the state department. The selection process described in this subsection (3) is not subject to the Procurement Code, articles 101 to 112 of title 24.
(b) Notwithstanding the requirement in subsection (3)(a) of this section, the selected diaper distribution centers may operate for not more than twelve months after which the state department must commence a selection process that complies with the Procurement Code, articles 101 to 112 of title 24.
(4) The state department may promulgate rules for the implementation of this section.
(5) For the 2021-22 state fiscal year, the state department shall submit a preliminary report, and beginning in state fiscal year 2022-23, and each fiscal year thereafter, the state department shall report to the public through the annual hearing, pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2. At a minimum, the report must include:
(a) The total number of diaper distribution centers contracted with the state department pursuant to subsection (3) of this section, including any subcontractors;
(b) The total amount of money awarded to each diaper distribution center;
(c) The location of each diaper distribution center and the counties served; and
(d) The total number of eligible individuals who received diapering essentials each year, disaggregated by each month.
(6) For state fiscal year 2021-22, the general assembly shall appropriate two million dollars from the general fund to the state department for use by the diaper distribution centers for the implementation of this section. The state department may use up to one hundred thousand dollars or seven and a half percent of any money appropriated by the general assembly for administrative costs incurred by the state department pursuant to this section.
Source: L. 2021: Entire section added, (SB 21-027), ch. 431, p. 2850, � 2, effective July 6.
Cross references: For the legislative declaration in SB 21-027, see section 1 of chapter 431, Session Laws of Colorado 2021.
26-2-141. High-quality work management system - implementation - funding - repeal. (1) Beginning July 1, 2022, the state department shall begin work in partnership with counties toward implementation of a high-quality county work management system from joint state and county decisions informed by the joint agency interoperability system study. The work management system must be designed to provide a unified approach to efficiently and effectively serve county departments and clients of the state department. The state department shall provide a centralized process for county departments to request changes or customization in the work management system. If a county department's change or customization is approved, the state department shall have a mechanism to fulfill that request. The purpose of the work management system is to reduce administrative cost, streamline the application process for various benefit programs, and provide more time for better case management and improved access to program services that assist low-income households in purchasing healthy food, paying for medical expenses, and achieving economic stability.
(2) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate three million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the state department for the purposes of implementing this section. Upon full utilization or expiration of the money appropriated from the economic recovery and relief cash fund pursuant to this subsection (2) for the work management system, the state department shall consider ongoing costs to operate and maintain the work management system.
(b) The use of money appropriated pursuant to this subsection (2) must conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as amended. The state department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(3) The state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(4) This section is repealed, effective September 1, 2027.
Source: L. 2022: Entire section added, (HB 22-1380), ch. 375, p. 2662, � 2, effective June 3. L. 2024: (2)(b) amended, (HB 24-1466), ch. 429, p. 2942, � 30, effective June 5.
Cross references: For the legislative declaration in HB 22-1380, see section 1 of chapter 375, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
26-2-142. Colorado teen parent driver's license program - report - rules - definitions - appropriation. (1) As used in this section, unless the context otherwise requires:
(a) Eligible individual means an individual who is:
(I) Fifteen years of age or older and under twenty years of age; and
(II) A parent.
(b) Program means the teen parent driver's license program created in subsection (2) of this section.
(2) There is created in the state department the Colorado teen parent driver's license program to provide financial assistance for the cost of driver's education school training for eligible individuals and the cost to obtain a driver's license or permit.
(3) (a) The state department shall solicit interest and cost distribution proposals from teen parent organizations to administer the program. Upon the state department's approval, the teen parent organizations may subcontract with and pay money received pursuant to this section to the providers of the services as necessary to serve eligible individuals. The selected teen parent organizations must be operational no later than thirty days after entering into a contract with the state department.
(b) For purposes of selecting a teen parent organization before July 1, 2023, to administer the program, the selection process described in subsection (3)(a) of this section is not subject to the Procurement Code, articles 101 to 112 of title 24. For purposes of selecting a teen parent organization on or after July 1, 2023, the state department shall commence a selection process that complies with the Procurement Code, articles 101 to 112 of title 24.
(4) The state department may promulgate rules for the implementation of this section.
(5) For the 2022-23 state fiscal year, the state department shall submit a preliminary report, and beginning in state fiscal year 2023-24 and each fiscal year thereafter, shall report to the public through the annual hearing pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2. At a minimum, the report must include:
(a) The total number of teen parent organizations contracted with the state department pursuant to subsection (3) of this section, including any subcontractors;
(b) The total amount of money awarded to each teen parent organization;
(c) The location of each teen parent organization and the counties served;
(d) The total number of eligible individuals who received driver's licenses each year, disaggregated by each month; and
(e) The total number of eligible individuals who received training from a driver's education school, disaggregated by each month.
(6) (a) For state fiscal year 2022-23, the general assembly shall appropriate one hundred thousand dollars from the general fund to the state department for use by the state department to implement this section. For the 2023-24 state fiscal year and each state fiscal year thereafter, the general assembly may appropriate money from the general fund to the state department for use by the state department to implement this section.
(b) The state department may use up to seven and one-half percent of any money appropriated by the general assembly for administrative costs incurred by the state department pursuant to this section.
Source: L. 2022: Entire section added, (HB 22-1042), ch. 283, p. 2033, � 1, effective May 31.
26-2-143. Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Eligible entity means a county public health agency, a district public health agency, a county department of human or social services, or a food bank that has a contract with the state department, but does not include a hunger-relief charitable organization, as defined in section 39-22-536 (1).
(b) Food bank means a charitable organization, exempt from federal income taxation under the federal Internal Revenue Code of 1986, as amended, that acquires and distributes food and nonfood essentials to other hunger-relief programs.
(c) Grant program means the Colorado commodity supplemental food grant program created in subsection (2) of this section.
(d) Qualifying low-income older Colorado adult means an adult who is sixty years of age or older and whose household income is not more than one hundred thirty percent of the federal poverty level.
(2) There is created in the state department the Colorado commodity supplemental food grant program. The purpose of the grant program is to provide money to eligible entities for the cost of adding additional food to food packages and the cost of storing, transporting, and distributing food packages to qualifying low-income older Colorado adults.
(3) The state department shall administer the grant program. Subject to available appropriations, the state department shall pay grants out of money annually appropriated to the state department for the grant program pursuant to subsection (4) of this section. The state board shall adopt rules as necessary to implement the grant program, including:
(a) Timelines for application for, consideration of, and awarding grants;
(b) Criteria for awarding grants; and
(c) Any other matters necessary for successful operation of the grant program.
(4) For the 2023-24 state fiscal year, the general assembly shall appropriate one million dollars from the general fund to the state department for the grant program. Any unexpended or unencumbered money appropriated pursuant to this subsection (4) remains available for expenditure for the same purpose in the 2024-25 state fiscal year without further appropriation.
Source: L. 2023: Entire section added, (HB 23-1158), ch. 424, p. 2494, � 2, effective June 7.
Cross references: For the legislative declaration in HB 23-1158, see section 1 of chapter 424, Session Laws of Colorado 2023.
26-2-144. Food bank assistance grant program - creation - rules - definition. (Repealed)
Source: L. 2023: Entire section added, (HB 23-1158), ch. 424, p. 2495, � 3, effective June 7. L. 2024: Entire section repealed, (HB 24-1407), ch. 81, p. 274, � 4, effective July 1.
26-2-145. Community food assistance provider grant program - creation - grants - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Colorado agricultural products means all fruits, vegetables, grains, meats, and dairy products grown or raised in Colorado and minimally processed products or value-added processed products that meet the standards for the Colorado proud designation established by the state department of agriculture.
(b) (I) Eligible entity means either a food bank or food pantry.
(II) Eligible entity includes a faith-based organization.
(c) Food bank means a nonprofit charitable organization that is exempt from federal income taxation pursuant to the federal Internal Revenue Code of 1986, as amended, whose primary purpose is to procure food from retailers, manufacturers, farmers and agricultural producers, individual donors, grocery stores, restaurants, and government channels and to store, transport, and distribute the procured food to other nonprofit charitable hunger relief organizations, including food pantries and hunger relief partner agencies in a defined geographic service area.
(d) Food pantry means a nonprofit charitable organization that is exempt from federal income taxation pursuant to the federal Internal Revenue Code of 1986, as amended, whose primary purpose is to distribute food at no cost directly to individuals in need in the food pantry's local community and that typically receives most or all of its food from a partner food bank, including nonprofit partner agencies such as soup kitchens and homeless shelters.
(e) Grant program means the community assistance provider grant program created in subsection (2) of this section.
(2) There is created in the state department the community food assistance provider grant program. The purpose of the grant program is to aid eligible entities in the procurement and distribution of nutritious foods that meet the needs of the eligible entity's clientele.
(3) (a) The state department may contract with a third-party vendor to solicit, vet, award, and monitor grants. The selection of any vendor pursuant to this subsection (3)(a) is exempt from the requirements of the Procurement Code, articles 101 to 112 of title 24.
(b) The state department is authorized to use up to five percent of the total funds appropriated to the grant program for the direct and indirect costs of administering and monitoring the grant program.
(4) (a) The state department or a third-party vendor shall award one or more grants to eligible entities as soon as practicable after July 1, 2024, using money appropriated to the grant program. In awarding grants, the state department shall, at a minimum, consider:
(I) Providing money to a wide array of eligible entities of different types and sizes;
(II) Ensuring that money goes directly to eligible entities that operate in a variety of regions throughout the state;
(III) The ability of each eligible entity to responsibly distribute the grant money in a timely manner;
(IV) The eligible entity's willingness to administer a client-needs survey as a vehicle for collecting input on the efficacy of its grant award; and
(V) The ability of the eligible entity to solicit and accept feedback from the state department to inform implementation of the grant program in the future.
(b) Grant awards, including those to joint applicants, must be at least two thousand five hundred dollars.
(c) (I) To the extent practicable, food purchased by a grant recipient using grant money may be either:
(A) A Colorado agricultural product; or
(B) An agricultural product that holds cultural significance for Indigenous people, or for other cultures or subcultural groups, including the ways in which those agricultural products are produced.
(II) A grant recipient may use up to ten percent of the grant award to cover the direct expenses associated with the distribution of food, including:
(A) Transportation;
(B) Food delivery;
(C) Staff costs;
(D) Refrigeration; and
(E) Storage.
(III) A grant recipient shall not resell or apply other associated fees to the distribution of products purchased with money made available through a grant.
(5) Beginning in state fiscal year 2024-25, and each state fiscal year thereafter, the state department shall include as part of its SMART Act hearing required by section 2-7-203 a report that includes, at a minimum:
(a) The total number of eligible entities that applied for grants pursuant to this section;
(b) The total number of eligible entities that received a grant pursuant to this section;
(c) The total amount of money awarded to each eligible entity that received a grant pursuant to this section;
(d) The geographic locations of the eligible entities that received a grant pursuant to this section; and
(e) The estimated amount of food purchased and distributed to clientele for each eligible entity that received a grant pursuant to this section.
(6) This section is repealed, effective September 1, 2029.
Source: L. 2024: Entire section added, (HB 24-1407), ch. 81, p. 271, � 1, effective July 1.