NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 09-1353
      
      
      BY REPRESENTATIVE(S) Miklosi, Apuan, Fischer, Frangas, Green,
      Hullinghorst, Kagan, Kefalas, Labuda, Levy, Pace, Riesberg, Ryden, Todd,
      Vigil;
      also SENATOR(S) Foster, Newell, Boyd, Groff.
      
      
      Concerning legal immigrants' eligibility for public medical
           benefits.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  25.5-5-101 (2) (b), Colorado Revised Statutes, is
      amended to read:
      
           25.5-5-101.  Mandatory provisions - eligible groups.  (2) (b) (I)  A
      qualified alien who entered the United States on or after August 22, 1996,
      shall not be eligible for benefits under this article or article 4 or 6 of this
      title, except as provided in section 25.5-5-103 (3), for five years after the
      date of entry into the United States unless he or she meets the exceptions
      described in the federal "Personal Responsibility and Work Opportunity
      Reconciliation Act of 1996", Public Law 104-193, as amended.
      
           (II)  Notwithstanding the five-year waiting period
      established in subparagraph (I) of this paragraph (b), but subject
      to the availability of sufficient appropriations and the receipt of
      federal financial participation, the state department may provide
      benefits under this article and articles 4 and 6 of this title to a
      pregnant woman who is a qualified alien and a child under
      nineteen years of age who is a qualified alien so long as such
      woman or child meets eligibility criteria other than citizenship.
      
           SECTION 2.  25.5-5-201 (2), Colorado Revised Statutes, is
      amended to read:
      
           25.5-5-201.  Optional provisions - optional groups.  (2) (a)  A
      qualified alien, who entered the United States on or after August 22, 1996,
      shall not be eligible for benefits under this article and articles 4 and 6 of this
      title, except as provided in section 25.5-5-103 (3), for five years after the
      date of entry into the United States unless he or she meets the exceptions
      described in the federal "Personal Responsibility and Work Opportunity
      Reconciliation Act of 1996", Public Law 104-193, as amended.  After five
      years, such qualified alien shall be eligible for benefits under this article and
      articles 4 and 6 of this title but shall have sponsor income and resources
      deemed to the individual or family under rules established by the state board
      of human services pursuant to section 26-2-137, C.R.S.
      
           (b)  Notwithstanding the five-year waiting period
      established in paragraph (a) of this subsection (2), but subject to
      the availability of sufficient appropriations and the receipt of
      federal financial participation, the state department may provide
      benefits under this article and articles 4 and 6 of this title to a
      pregnant woman who is a qualified alien and a child under
      nineteen years of age who is a qualified alien so long as such
      woman or child meets eligibility criteria other than citizenship.
      
           SECTION 3.  25.5-8-109, Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW SUBSECTION to read:
      
           25.5-8-109.  Eligibility - children - pregnant women - legal
      immigrants - repeal.  (6)  Notwithstanding any other provision of
      law, but subject to the availability of sufficient appropriations
      and the receipt of federal financial participation, the department
      may provide benefits under this article to a pregnant woman who
      is a qualified alien and a child under nineteen years of age who is
      a qualified alien so long as such woman or child meets eligibility
      criteria other than citizenship.
      
           SECTION 4.  Act subject to petition - effective date.  (1)  This act
      shall take effect July 1, 2010.
      
           (2)  However, if a referendum petition is filed against this act or an
      item, section, or part of this act during the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution, then the act, item, section, or part, shall not take effect unless
      approved by the people at a biennial regular general election and shall take
      effect on the date specified in subsection (1) of this section or on the date
      of the official declaration of the vote thereon by proclamation of the
      governor, whichever is later.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO