HOUSE BILL 971065
BY REPRESENTATIVES Pankey, Dean, Epps, Lamborn, and Sullivant;
also SENATORS Coffman and Blickensderfer.
CONCERNING PERSONAL IDENTIFICATION SYSTEMS FOR RECIPIENTS
OF PUBLICLY FUNDED ASSISTANCE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative
declaration. The general assembly hereby finds that welfare
fraud has a negative effect on the people of Colorado as well
as on the individuals who need and qualify for public assistance
and medical assistance. The general assembly also finds that the
passage at the federal level of welfare reform legislation provides
an opportunity for states to reassess their eligibility verification
processes for persons applying for public assistance and medical
assistance. The general assembly, therefore, enacts this bill
to study and propose improvements to strengthen the security measures
used to prevent and detect welfare fraud and duplicate participation.
SECTION 2. Part
1 of article 2 of title 26, Colorado Revised Statutes, 1989 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
262136. Personal identification
systems for public assistance and medical assistance committee
to select methods repeal. (1) (a) THERE
IS HEREBY ESTABLISHED THE PERSONAL IDENTIFICATION COMMITTEE FOR
THE PURPOSE OF EVALUATING AND RECOMMENDING THE SECURITY METHODS
TO BE USED BY THE STATE DEPARTMENT FOR VERIFICATION OF ELIGIBILITY
WHEN A PERSON APPLIES FOR PUBLIC ASSISTANCE AND BY THE DEPARTMENT
OF HEALTH CARE POLICY AND FINANCING FOR VERIFICATION OF ELIGIBILITY
WHEN A PERSON APPLIES FOR MEDICAL ASSISTANCE. THE COMMITTEE SHALL
BE COMPRISED OF TEN MEMBERS. FIVE MEMBERS SHALL BE APPOINTED JOINTLY
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT
OF THE SENATE AND FIVE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR.
OF THE MEMBERS OF THE COMMITTEE JOINTLY APPOINTED BY THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE,
ONE SHALL BE A REPRESENTATIVE OF A COUNTY, ONE SHALL BE A BANKER
FAMILIAR WITH AUTOMATED TECHNOLOGY, AND ONE SHALL BE A REPRESENTATIVE
OF LAW ENFORCEMENT FAMILIAR WITH METHODS OF SECURITY IDENTIFICATION.
OF THE MEMBERS OF THE COMMITTEE APPOINTED BY THE GOVERNOR, ONE
SHALL BE A REPRESENTATIVE OF THE BUSINESS COMMUNITY, ONE SHALL
BE AN EMPLOYEE OF THE DEPARTMENT OF HUMAN SERVICES, ONE SHALL
BE AN EMPLOYEE OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING,
ONE SHALL BE A PROGRAM RECIPIENT, AND ONE SHALL BE A MEMBER OF
THE COMMUNITY. APPOINTMENTS SHALL BE MADE WITHIN THIRTY DAYS AFTER
THE EFFECTIVE DATE OF THIS SECTION OR NO LATER THAN JULY 1, 1997,
WHICHEVER OCCURS FIRST. THE COMMITTEE SHALL SELECT A CHAIRPERSON
AND A VICECHAIRPERSON FROM AMONG ITS MEMBERS. ALL MEMBERS
OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION. THE COMMITTEE
SHALL SUBMIT A REPORT ON ITS FINDINGS TO THE GENERAL ASSEMBLY,
THE STATE DEPARTMENT, AND THE DEPARTMENT OF HEALTH CARE POLICY
AND FINANCING WITHIN ONE HUNDRED TWENTY DAYS AFTER THE SIGNING
OF THIS ACT. SUCH REPORT SHALL CONTAIN ANY LEGISLATIVE OR BUDGET
RECOMMENDATIONS NEEDED TO IMPLEMENT THE RECOMMENDATIONS.
(b) THIS SUBSECTION (1) IS REPEALED, EFFECTIVE
JULY 1, 1998.
(2) THE PERSONAL IDENTIFICATION COMMITTEE
SHALL STUDY AND RECOMMEND WHAT SECURITY MEASURES, SUCH AS INDIVIDUAL
PERSONAL IDENTIFICATION NUMBERS, PHOTO IDENTIFICATION, FINGERPRINT
IDENTIFICATION, OR RETINAL SCANNING, SHOULD BE USED TO IDENTIFY
APPLICANTS FOR PURPOSES OF DETERMINING WHETHER A PERSON APPLYING
FOR PUBLIC ASSISTANCE OR MEDICAL ASSISTANCE IS ELIGIBLE TO RECEIVE
SUCH BENEFITS. IN MAKING SUCH RECOMMENDATIONS, THE COMMITTEE SHALL
CONSIDER THE EXTENT OF THE SECURITY PROBLEM, THE COST OF POSSIBLE
SECURITY MEASURES, WHICH MEASURES, IF ANY, WILL BE MOST COSTEFFECTIVE,
AND WHICH WILL BE THE MOST SUCCESSFUL AT PREVENTING AND DETECTING
FRAUD AND DUPLICATE PARTICIPATION. THE STATE DEPARTMENT AND THE
DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, WITHIN NINETY
DAYS AFTER RECEIVING THE COMMITTEE'S REPORT, SHALL REPORT TO THE
HOUSE AND SENATE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
COMMITTEES OF THE GENERAL ASSEMBLY ON THEIR RECOMMENDATIONS ON
IMPLEMENTING THE COMMITTEE'S RECOMMENDATIONS. THE GENERAL ASSEMBLY
SHALL BY BILL DETERMINE WHAT RECOMMENDATIONS, IF ANY, TO IMPLEMENT.
(3) IN ADDITION TO THE SECURITY MEASURES
SELECTED PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE STATE
DEPARTMENT AND THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING
SHALL USE SOCIAL SECURITY NUMBERS TO THE EXTENT POSSIBLE AS A
METHOD OF PERSONAL IDENTIFICATION FOR EVERY PERSON APPLYING FOR
PUBLIC ASSISTANCE OR MEDICAL ASSISTANCE.
SECTION 3. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO