First Regular Session

Sixty-first General Assembly

LLS NO. 97P0524.REV MN HOUSE BILL 97­1263

STATE OF COLORADO

BY REPRESENTATIVES Kreutz, Agler, and Schauer;

also SENATOR Ament.

REREVISED

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING BENEFIT LIMITATIONS FOR CERTAIN FORMS OF PUBLIC ASSISTANCE.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Provides that, after July 1, 1997, if an additional child is born into a household that is receiving aid to families with dependent children or assistance under a successor program funded by federal block grant moneys under the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104­193, the household or the recipient shall not be considered eligible for any incremental increase in the cash assistance that would otherwise be granted to the household or the recipient.

Allows a single custodial parent who does not receive additional assistance for the birth of such a child to receive the total value of all child support payments due and collected for such child. Allows the value of such payments to be excluded from income for the purposes of determining eligibility for aid to families with dependent children or for assistance under a successor program funded by federal block grant moneys under the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104­193.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  26­2­111.1, Colorado Revised Statutes, 1989 Repl. Vol., is RECREATED AND REENACTED, WITH AMENDMENTS, to read:

26­2­111.1.  Eligibility for assistance ­ family cap. (1)  ON AND AFTER JULY 1, 1997, AND EXCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS SECTION, IF AN ADDITIONAL CHILD IS BORN INTO A HOUSEHOLD THAT IS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN OR ASSISTANCE UNDER A SUCCESSOR PROGRAM FUNDED BY FEDERAL BLOCK GRANT MONEYS UNDER THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193, THE HOUSEHOLD OR THE PARTICIPANT SHALL NOT BE CONSIDERED ELIGIBLE FOR ANY INCREMENTAL INCREASE IN THE CASH ASSISTANCE THAT WOULD OTHERWISE BE GRANTED TO THE HOUSEHOLD OR THE PARTICIPANT.

(2)  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WITH RESPECT TO A DEPENDENT CHILD OR CHILDREN BORN INTO A HOUSEHOLD AS A RESULT OF A PREGNANCY EXISTING ON JULY 1, 1997.

(3)  A SINGLE CUSTODIAL PARENT WHO DOES NOT RECEIVE ADDITIONAL ASSISTANCE FOR THE BIRTH OF A CHILD BASED UPON THE PROVISIONS OF THIS SECTION SHALL RECEIVE THE TOTAL VALUE OF ALL CHILD SUPPORT PAYMENTS DUE AND COLLECTED FOR SUCH CHILD, AND THE VALUE OF SUCH PAYMENTS SHALL NOT BE COUNTED AS INCOME FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER AID TO FAMILIES WITH DEPENDENT CHILDREN OR FOR ASSISTANCE UNDER A SUCCESSOR PROGRAM FUNDED BY FEDERAL BLOCK GRANT MONEYS UNDER THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193.

(4)  A COUNTY THAT IS ADMINISTERING A SUCCESSOR PROGRAM TO AID TO FAMILIES WITH DEPENDENT CHILDREN FUNDED BY FEDERAL BLOCK GRANT MONEYS UNDER THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193, SHALL BE AUTHORIZED TO ISSUE VOUCHERS FOR THE PURPOSE OF PROVIDING ASSISTANCE FOR THE BENEFIT OF ANY ADDITIONAL CHILDREN BORN INTO A HOUSEHOLD DESCRIBED IN SUBSECTION (1) OF THIS SECTION.

SECTION 2.  Effective date.  This act shall take effect July 1, 1997.

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.