First Regular Session

Sixty-first General Assembly

LLS NO. 97­0194.01 MN SENATE BILL 97­097

STATE OF COLORADO

BY SENATOR Feeley;

also REPRESENTATIVE Snyder.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING WELFARE REFORM.

Bill Summary

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

Enacts a new program to replace Aid to Families with Dependent Children (AFDC) and related programs. The following numbers refer to sections of the new law:

701. Short title. Identifies the Act as the "New opportunity for work program" (NOW).

702. Legislative declaration. Summarizes the impact of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" on the state. Identifies the purpose of and implementation model for the NOW program.

703. Definitions. Establishes definitions for the NOW program.

704. General provisions of NOW. Requires the NOW program to be established with minimum services and benefits available in all counties. Authorizes the boards of county commissioners of each county to provide additional services. Requires eligibility standards to be fair and equitable and allows applicants and recipients to appeal adverse decisions.

705. Program design. Requires the state board of human services to promulgate rules and to develop policies to implement the NOW program. Requires the state department of human services to develop procedures to implement the NOW program and to comply with federal reporting requirements.

706. No entitlement. States that nothing in the NOW program shall create an entitlement to services or benefits.

707. Target populations. Outlines who may receive services or benefits of the NOW program and who shall be ineligible to receive such services or benefits.

708. Implementation. Directs the state board of human services to develop conversion policies for treating AFDC recipients as of June 30, 1997, as NOW recipients. Requires assessments of all such recipients by December 31, 1997.

709. Services and benefits. Identifies services and benefits NOW recipients may receive. Provides that NOW recipients shall receive either a cash assistance grant in an amount established by the state board of human services or services in lieu of such a grant if the family has income that meets or exceeds the amount of the grant.

710. Assessment, individual responsibility plan, work. Requires certain recipients to receive an assessment within 30 days after approval of their application for assistance. Allows county departments to determine if or when a recipient is required to complete an individual responsibility plan. Specifies work requirements for recipients and sanctions for noncompliance. Allows sanctioned recipients to appeal. Requires the state department to provide for exemptions from program requirements for victims of domestic violence.

711. County work requirements. Mandates that the state department of human services establish work participation rates for each county. Specifies allowable work activities.

712. Individual development account (IDA). Allows counties to exercise the option to allow recipients to establish IDAs.

713. Boards of county commissioners. Requires the board of county commissioners of each county to enter into a performance contract with the state department of human services annually. Specifies provisions that must be included in the performance contract. Authorizes the state department of human services to transfer operation of a county's NOW program to another entity if the board of county commissioners and the state department of human services cannot agree to the terms of a performance contract. Allows counties to contract all or part of the NOW program to private or public agencies.

714. Overpayments and underpayments. Specifies that overpayments shall be recovered with interest and that underpayments shall be remitted to a family.

The following are the duties and authority of the state board of human services under the NOW program:

$ Set minimum statewide services and benefit levels.

$ Promulgate rules to implement the program.

$ Set income and resource levels for the program.

$ Set sanctions for failure to work, failure to cooperate with child support enforcement, and failure to comply with an individual responsibility plan.

$ Develop policies for converting AFDC recipients to the NOW program as of June 30, 1997.

The following are the duties and authority of the state department of human services under the NOW program:

$ Comply with federal reporting requirements and provide training and automated support services.

$ Establish good cause exemptions for the 5­year lifetime limit on receipt of welfare benefits.

$ Define minimum content of the assessment and the individual responsibility plan.

$ Establish work participation rates for each county.

$ Negotiate and enter into the performance contract with the board of county commissioners of each county for the implementation of the program.

The following are the duties and authority of the counties under the NOW program:

$ Boards of county commissioners (herein "BOCC") may provide additional services and increase the benefit levels for the program.

$ County departments shall determine who shall have an individual responsibility plan and what services or benefits the person shall receive.

$ The county shall establish good cause for not participating in work activities.

$ The county may allow for creation of individual development accounts.

$ BOCC shall negotiate and enter into the performance contract with the state department of human services for the implementation of the program.

$ BOCC may contract with private or public agencies for the implementation of the program.

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

SECTION 1.  Article 2 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

26­2­701.  Short title. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "NEW OPPORTUNITY FOR WORK PROGRAM ACT".

26­2­702.  Legislative declaration. (1)  Impact of federal law. THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(a)  THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193, REDEFINES THE SOCIAL SAFETY NET FROM THAT OF AN ENTITLEMENT PROGRAM BASED UPON A RECIPIENT'S DOCUMENTED NEEDS TO A SAFETY NET THAT MAY SHRINK IF NEEDS OF RECIPIENTS EXCEED A CAPPED APPROPRIATION OF FEDERAL DOLLARS FOR FEDERAL FISCAL YEARS THROUGH 2002;

(b)  FEDERAL WELFARE REFORM LEGISLATION REMOVES FIFTY­FOUR BILLION FEDERAL DOLLARS FROM THE NATIONAL SAFETY NET FOR FEDERAL FISCAL YEARS THROUGH 2002;

(c)  THIS REDUCTION IN FEDERAL DOLLARS MOST HEAVILY IMPACTS THREE POPULATIONS THAT NOW RECEIVE PUBLIC ASSISTANCE: FOOD STAMP RECIPIENTS, LEGAL IMMIGRANTS, AND THE DISABLED;

(d)  THE CHALLENGE FOR THE STATE OF COLORADO IN ACCEPTING THE CAPPED FEDERAL BLOCK GRANTS IS TO REPLACE WELFARE WITH WORK, REDESIGN THE SAFETY NET SO THAT IT IS TEMPORARY BUT WOVEN TIGHTLY ENOUGH TO RECOGNIZE POVERTY WHERE IT EXISTS, AND AVOID SHIFTING WELFARE COSTS TO MORE EXPENSIVE SOCIAL PROGRAMS OR SYSTEMS SUCH AS FOSTER CARE, CRIMINAL JUSTICE, AND EMERGENCY HEALTH CARE.

(2)  Purpose. THE PURPOSE OF THIS LEGISLATION IS TO PROVIDE TEMPORARY ASSISTANCE TO NEEDY FAMILIES SO THAT:

(a)  SUCH FAMILIES CAN ACHIEVE LONG­TERM ECONOMIC SELF­SUFFICIENCY;

(b)  CHILDREN CAN BE CARED FOR IN THEIR OWN HOMES;

(c)  JOB PREPARATION, WORK, AND MARRIAGE CAN REDUCE DEPENDENCY AND NEGLECT AMONG THE CHILDREN OF THE STATE;

(d)  OUT­OF­WEDLOCK PREGNANCIES CAN BE PREVENTED; AND

(e)  THE FORMATION AND MAINTENANCE OF TWO­PARENT FAMILIES IS ENCOURAGED.

(3)  Creation of the new opportunity for work program. THE GENERAL ASSEMBLY HEREBY FINDS AND DETERMINES THAT:

(a)  CREATION OF THE NEW OPPORTUNITY FOR WORK (NOW) PROGRAM TO REPLACE THE AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), THE JOB OPPORTUNITIES AND BASIC SKILLS (JOBS), AND THE TITLE IV­A EMERGENCY ASSISTANCE PROGRAMS WILL ENHANCE THE STATE'S ABILITY TO MEET THE GOAL OF PROVIDING TEMPORARY ASSISTANCE TO NEEDY FAMILIES;

(b)  THE NOW PROGRAM STRESSES SELF­SUFFICIENCY THROUGH EMPLOYMENT AND REQUIRES THAT ADULTS BE RESPONSIBLE FOR FULFILLING THEIR INDIVIDUAL RESPONSIBILITY PLANS, WHILE REQUIRING THE STATE AND COUNTIES TO SUPPORT TARGET POPULATIONS IN THEIR EFFORTS TO SECURE AND RETAIN EMPLOYMENT;

(c)  THE CENTRAL EXPECTATION OF THE NOW PROGRAM IS THAT EVERY ABLE­BODIED ADULT WILL PURSUE WORK RATHER THAN RECEIVE PUBLIC ASSISTANCE. THE CENTRAL OUTCOME MEASURE OF THE NOW PROGRAM IS TO INCREASE THE ECONOMIC SELF­SUFFICIENCY OF FAMILIES WITHIN THE TWO­YEAR AND FIVE­YEAR TIME LIMITS AND IN ACCORDANCE WITH COUNTY PERFORMANCE CONTRACTS.

(d)  USING THE PRESERVATION OF THE FAMILY AND THE PROTECTION OF CHILDREN AS CRITICAL REFERENCE POINTS FOR WELFARE REFORM, THE NOW PROGRAM RECOGNIZES THAT CHILDREN WHO GROW UP IN POVERTY FACE A MUCH MORE DIFFICULT FUTURE THAN CHILDREN WHO DO NOT;

(e)  THESE REFERENCE POINTS DICTATE THAT CRITICAL STRATEGIES FOR SUCCESSFUL WELFARE REFORM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

(I)  REASONABLE ACCESS TO QUALITY, AFFORDABLE CHILD CARE ESPECIALLY IN THE AREAS OF INFANT CARE AND PRE­SCHOOL CARE;

(II)  ACCESS TO QUALITY, AFFORDABLE HEALTH CARE;

(III)  TEEN PREGNANCY PREVENTION INCLUDING, BUT NOT LIMITED TO, PREPREGNANCY FAMILY PLANNING SERVICES AND SECOND PREGNANCY PREVENTION SERVICES;

(IV)  PARENTAL COUNSELING SERVICES IN CONJUNCTION WITH REQUIREMENTS FOR TEEN PARENTS TO LIVE IN ADULT­SUPERVISED SETTINGS AND TO FINISH HIGH SCHOOL OR EQUIVALENT EDUCATIONAL PROGRAMS;

(V)  ELIGIBILITY STANDARDS FOR TWO­PARENT FAMILIES THAT PROMOTE FAMILY STABILITY;

(VI)  CHILD SUPPORT ENFORCEMENT TECHNIQUES THAT ENFORCE FINANCIAL OBLIGATIONS OF NONCUSTODIAL PARENTS, WHILE ENCOURAGING THE PRESENCE OF NONCUSTODIAL PARENTS IN THEIR CHILDREN'S LIVES; AND

(VII)  COORDINATION OF WELFARE REFORM EFFORTS WITH PUBLIC AND PRIVATE RESOURCES THAT PROVIDE SAFE AND AFFORDABLE HOUSING.

(4)  Local flexibility.  THE GENERAL ASSEMBLY FINDS AND DETERMINES THAT THE IMPLEMENTATION AND ADMINISTRATION OF THE NOW PROGRAM IS OF CRITICAL IMPORTANCE TO THE SUCCESS OF THE PROGRAM, IN THE FOLLOWING RESPECTS:

(a)  THE KEY IMPLEMENTATION FEATURE OF THE NOW PROGRAM IS MAXIMUM LOCAL FLEXIBILITY TO REFORM WELFARE;

(b)  WHILE IMPLEMENTATION NEED NOT BE DONE IN A UNIFORM MANNER STATEWIDE, IT MUST BE SUBJECT TO OBJECTIVE CRITERIA THAT ARE FAIR AND EQUITABLE. MINIMUM STATEWIDE ELIGIBILITY AND CASH ASSISTANCE STANDARDS ARE CENTRAL TO MEETING THE STANDARDS OF FAIRNESS AND EQUITY.

(c)  THE IMPLEMENTATION MODEL WILL BE A COUNTY­ADMINISTERED AND STATE­SUPERVISED MODEL IN WHICH BOARDS OF COUNTY COMMISSIONERS WILL BE MEASURED AGAINST A PERFORMANCE CONTRACT THAT ALLOWS FOR UNIQUE DIFFERENCES BETWEEN COUNTIES AND ASSURES ADEQUATE AND EFFECTIVE EMPLOYMENT AND SUPPORT SERVICES TO THE TARGET POPULATIONS RESULTING IN PERMANENT EMPLOYMENT AS AN ALTERNATIVE TO PUBLIC ASSISTANCE.

(5)  Simplified administration.  THE GENERAL ASSEMBLY FINDS THAT THE STATE DEPARTMENT SHOULD ADMINISTER THE NOW PROGRAM THROUGH SIMPLIFIED ADMINISTRATION AND STREAMLINED RULES THAT FOCUS ON EMPLOYMENT RESULTS FOR RECIPIENTS.

(6) Self­sufficiency.  THEREFORE, THE GENERAL ASSEMBLY DECLARES ITS INTENT TO IMPLEMENT A STATEWIDE WELFARE REFORM PROGRAM DESIGNED TO MOVE RECIPIENTS PERMANENTLY FROM WELFARE TO SELF­SUFFICIENCY WHILE PRESERVING THE INTEGRITY OF THE FAMILY AND PROTECTING CHILDREN.

26­2­703.  Definitions. AS USED IN THIS PART 7, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "APPLICANT" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 26­2­103 (1).

(2)  "CARETAKER RELATIVE" MEANS A PARENT OR OTHER PERSON RELATED TO THE CHILDREN IN THE FAMILY WITHIN THE FIFTH DEGREE OF RELATIONSHIP WHO HAS THE CARE AND CONTROL OF THE CHILDREN.

(3)  "CASH ASSISTANCE GRANT" MEANS A CASH GRANT ESTABLISHED BY RULES OF THE STATE BOARD OF HUMAN SERVICES.

(4)  "CHILD" MEANS A PERSON WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS, OR WHO HAS NOT ATTAINED THE AGE OF NINETEEN YEARS IF A FULL­TIME STUDENT IN A SECONDARY SCHOOL OR IN THE EQUIVALENT LEVEL OF VOCATIONAL OR TECHNICAL TRAINING.

(5)  "FAMILY" MEANS ONE OR MORE PARENTS OR OTHER CARETAKER RELATIVES AND CHILDREN, INCLUDING SIBLINGS AND HALF­SIBLINGS, WHO LIVE TOGETHER. CARETAKER RELATIVES WHO ARE NOT RESPONSIBLE FOR THE SUPPORT OF THE CHILDREN IN THE HOME ARE NOT REQUIRED TO BE A PART OF THE FAMILY BUT MAY BE INCLUDED IN THE FAMILY AT THE DISCRETION OF THE FAMILY.

(6)  "INCOME" MEANS THE MONTHLY AMOUNT OF EARNED OR UNEARNED INCOME FROM ANY SOURCE, INCLUDING IN­KIND INCOME, THAT IS AVAILABLE TO A FAMILY TO MEET ITS CURRENT LIVING EXPENSES AS DETERMINED BY THE STATE BOARD.

(7)  "MINOR" MEANS A PERSON UNDER THE AGE OF EIGHTEEN YEARS WHO IS NOT LEGALLY EMANCIPATED.

(8)  "MINOR PARENT" MEANS A PERSON UNDER THE AGE OF EIGHTEEN YEARS WHO HAS CARE AND CONTROL OF HIS OR HER CHILD.

(9)  "NOW" MEANS THE NEW OPPORTUNITY FOR WORK PROGRAM ESTABLISHED PURSUANT TO THIS PART 7.

(10)  "PARENT" MEANS AN INDIVIDUAL WHO HAS CARE AND CONTROL OF HIS OR HER NATURAL OR ADOPTIVE CHILD IN HIS OR HER PHYSICAL CUSTODY.

(11)  "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT" OR "FEDERAL LAW" MEANS THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996".

(12)  "RECIPIENT" MEANS A PERSON OR FAMILY WHO HAS BEEN FOUND ELIGIBLE FOR NOW SERVICES OR BENEFITS.

(13)  "SERVICES AND BENEFITS" MEANS A CASH ASSISTANCE GRANT, SUPPORTIVE SERVICES, OR ANY OTHER ASSISTANCE RECEIVED THROUGH THE NOW PROGRAM.

26­2­704.  NOW created ­ general provisions. (1)  THE NEW OPPORTUNITY FOR WORK (NOW) PROGRAM SHALL BE ESTABLISHED IN ALL COUNTIES. SUBJECT TO THE PROVISIONS OF THIS PART 7, THE STATE BOARD SHALL ESTABLISH BY RULE MINIMUM STATEWIDE SERVICES AND BENEFITS THAT SHALL BE AVAILABLE IN ALL COUNTIES.

(2)  BOARDS OF COUNTY COMMISSIONERS MAY OPT TO PROVIDE ADDITIONAL SERVICES AND BENEFITS THAT ARE CONSISTENT WITH FEDERAL LAW AND THIS PART 7.

(3)  ALL RECIPIENTS AND APPLICANTS SHALL BE TREATED FAIRLY, HAVE THEIR ELIGIBILITY BASED ON OBJECTIVE STANDARDS THAT ARE FAIR AND EQUITABLE, AND HAVE RIGHTS TO APPEAL ADVERSE DECISIONS PURSUANT TO THE PROVISIONS OF SECTION 26­1­106.

26­2­705.  Program design. (1)  THE STATE BOARD SHALL PROMULGATE RULES TO BE EFFECTIVE JULY 1, 1997, AND AS NEEDED THEREAFTER, TO MEET THE REQUIREMENTS OF THIS PART 7.

(2) (a)  THE STATE DEPARTMENT SHALL SUBMIT A PLAN TO THE SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES NO LATER THAN THAT IS CONSISTENT WITH THE PROVISIONS OF THIS PART 7 AND FEDERAL LAW.

(b)  THE STATE DEPARTMENT IS AUTHORIZED TO TAKE ACTION CONSISTENT WITH STATE AND FEDERAL LAW TO DEVELOP POLICIES AND PROCEDURES FOR THE NOW PROGRAM.

(3)  THE STATE DEPARTMENT SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL FEDERAL REPORTING REQUIREMENTS, PROVIDING TRAINING TO ANY PERSON OR ENTITY DELIVERING SERVICES UNDER THE NOW PROGRAM, AND DEVELOPING AND MAINTAINING NECESSARY AUTOMATED SUPPORT SYSTEMS.

26­2­706.  Entitlement. NOTHING IN THIS PART 7 SHALL BE INTERPRETED TO IMPLY THAT ANY PERSON OR FAMILY IS ENTITLED TO ANY SERVICE OR BENEFIT PROVIDED BY THE NOW PROGRAM.

26­2­707.  Target populations. (1)  FAMILIES THAT INCLUDE THE FOLLOWING PERSONS SHALL CONSTITUTE TARGET POPULATIONS FOR THE NOW PROGRAM AND, SUBJECT TO THE PROVISIONS OF SUBSECTION (2) OF THIS SECTION AND EXCEPT AS PROVIDED IN SUBSECTIONS (4) AND (5) OF THIS SECTION, MAY RECEIVE SERVICES AND BENEFITS OF THE NOW PROGRAM:

(a)  CHILDREN LIVING WITH A CARETAKER RELATIVE;

(b)  PREGNANT WOMEN.

(2) (a)  TARGET POPULATIONS MAY ONLY BE SERVED IN THE NOW PROGRAM IF THE PERSON OR FAMILY MEETS INCOME AND RESOURCE LEVELS AS ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (2).

(b)  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, MAXIMUM INCOME LEVELS FOR PARTICIPATION SHALL BE ESTABLISHED BY THE STATE BOARD BY RULE AND MAY BE CHANGED AS NEEDED BASED ON POLICY OR BUDGETARY CONSIDERATIONS.

(c)  UNLESS EXEMPTED AND EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, ALL ASSETS OWNED BY THE PERSONS IN THE FAMILY SHALL BE CONSIDERED IN DETERMINING PARTICIPATION IN THE NOW PROGRAM IF SUCH ASSETS ARE AVAILABLE TO THE FAMILY. A STEPPARENT SHALL HAVE HIS OR HER INCOME DEEMED AVAILABLE TO HIS OR HER SPOUSE ACCORDING TO RULES ESTABLISHED BY THE STATE BOARD. EXEMPTED ASSETS SHALL INCLUDE HOMESTEAD PROPERTY, THE VALUE OF ONE CAR, AND ANY AMOUNTS IN AN INDIVIDUAL DEVELOPMENT ACCOUNT AUTHORIZED PURSUANT TO SECTION 26­2­712. THE MAXIMUM RESOURCE LEVEL SHALL BE ESTABLISHED BY THE STATE BOARD BY RULE AND SHALL NOT BE LESS THAN ONE THOUSAND DOLLARS PER FAMILY AND NOT GREATER THAN TWO THOUSAND DOLLARS PER FAMILY OR THE RESOURCE LEVEL FOR THE FOOD STAMP PROGRAM, WHICHEVER IS GREATER.

(3)  THE COUNTY MAY PROVIDE OPTIONAL SERVICES OR BENEFITS NECESSARY TO ALLOW AN INDIVIDUAL TO GAIN OR RETAIN EMPLOYMENT WITHOUT REGARD TO PARAGRAPHS (b) AND (c) OF SUBSECTION (2) OF THIS SECTION.

(4)  THE FOLLOWING PERSONS OR FAMILIES SHALL NOT RECEIVE SERVICES OR BENEFITS OF THE NOW PROGRAM:

(a)  A DEPENDENT CHILD NOT LIVING IN THE HOME OF THE CARETAKER RELATIVE FOR A PERIOD GREATER THAN FORTY­FIVE DAYS UNLESS SUCH CHILD IS EXEMPTED FOR GOOD CAUSE BY RULES ESTABLISHED BY THE STATE DEPARTMENT;

(b)  A CHILD IN FOSTER CARE EITHER UNDER A COURT ORDER OR NINETY DAYS AFTER PLACEMENT, WHICHEVER IS EARLIER;

(c)  A CARETAKER RELATIVE WHO FAILS TO REPORT THE ABSENCE OF A DEPENDENT CHILD WITHIN FIVE DAYS AFTER THE ABSENCE, IF THE CHILD IS EXPECTED TO BE OUT OF THE HOME FOR A PERIOD GREATER THAN FORTY­FIVE DAYS;

(d)  A PERSON CONVICTED OF A DRUG­RELATED FELONY OFFENSE UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, OR THE FEDERAL GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS PART 7, UNLESS SUCH PERSON IS DETERMINED BY THE COUNTY DEPARTMENT TO HAVE TAKEN ACTION TOWARD REHABILITATION SUCH AS, BUT NOT LIMITED TO, PARTICIPATION IN A DRUG TREATMENT PROGRAM;

(e)  A FUGITIVE FELON, PAROLE VIOLATOR, OR PROBATION VIOLATOR UNDER THE LAWS OF THIS STATE, ANY OTHER STATE, OR THE FEDERAL GOVERNMENT ON OR AFTER THE EFFECTIVE DATE OF THIS PART 7;

(f)  A PERSON WHO FALSELY DECLARES RESIDENCE IN TWO OR MORE STATES TO QUALIFY FOR BENEFITS IN BOTH STATES. SUCH PERSON SHALL NOT RECEIVE SERVICES OR BENEFITS FOR A PERIOD OF TEN YEARS AFTER THE DATE OF CONVICTION UNDER THE LAWS OF THIS STATE , ANY OTHER STATE, OR THE FEDERAL GOVERNMENT.

(g)  A PARENT WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS WHO IS NOT MARRIED, HAS A MINOR CHILD AT LEAST TWELVE WEEKS OF AGE, HAS NOT COMPLETED HIGH SCHOOL OR SUCCESSFULLY COMPLETED A GENERAL EDUCATIONAL DEVELOPMENT TEST (GED), AND IS NOT ATTENDING HIGH SCHOOL, PURSUING A GED HIGH SCHOOL EQUIVALENCY CERTIFICATE, OR PARTICIPATING IN A TRAINING PROGRAM APPROVED BY THE COUNTY;

(h)  A PARENT WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS WHO IS NOT MARRIED AND DOES NOT RESIDE WITH A PARENT, OTHER ADULT RELATIVE, OR IN AN ADULT­SUPERVISED HOME APPROVED BY THE COUNTY;

(i)  A PERSON WHO FAILS TO ASSIGN ANY RIGHT TO SPOUSAL OR CHILD SUPPORT TO THE STATE; OR

(j)  A PERSON WHO HAS RECEIVED ASSISTANCE UNDER ANY STATE PROGRAM FUNDED BY PART A OF TITLE IV OF THE FEDERAL "SOCIAL SECURITY ACT" ATTRIBUTABLE TO FUNDS PROVIDED BY THE FEDERAL GOVERNMENT AS AN ADULT FOR A PERIOD IN EXCESS OF SIXTY MONTHS, UNLESS EXEMPTED FOR GOOD CAUSE PURSUANT TO RULES PROMULGATED BY THE STATE DEPARTMENT; BUT NO MORE THAN TWENTY PERCENT OF THE NOW CASELOAD MAY BE EXEMPTED FOR GOOD CAUSE.

(5)  A PERSON WHO FAILS TO COOPERATE WITH WORK PARTICIPATION REQUIREMENTS OR CHILD SUPPORT ENFORCEMENT REQUIREMENTS SHALL BE SANCTIONED AND MAY BE DENIED A CASH ASSISTANCE GRANT IN ACCORDANCE WITH RULES ESTABLISHED BY THE STATE BOARD.

(6)  A RECIPIENT'S ELIGIBILITY FOR THE NOW PROGRAM SHALL BE REDETERMINED NO LESS FREQUENTLY THAN EVERY TWELVE MONTHS.

26­2­708.  Implementation ­ conversion policies. THE STATE BOARD SHALL:

(1)  ENSURE THAT AFDC RECIPIENTS AS OF JUNE 30, 1997, BECOME RECIPIENTS OF THE NOW PROGRAM UNLESS OTHERWISE EXCLUDED OR INELIGIBLE;

(2)  DEVELOP CONVERSION POLICIES FOR THE AFDC PROGRAM INCLUDING BUT NOT LIMITED TO DEFINING TREATMENT OF SANCTIONED INDIVIDUALS, RECOVERY OF OVERPAYMENTS, PAYMENT OF UNDERPAYMENTS, AND TREATMENT OF DISQUALIFIED INDIVIDUALS;

(3)  ESTABLISH DEADLINES FOR COMPLETION OF ASSESSMENTS FOR ALL RECIPIENTS BY DECEMBER 31, 1997.

26­2­709.  Program features ­ assistance and services provided. (1) (a)  SUBJECT TO THE PROVISIONS OF THIS PART 7 AND WITHIN AVAILABLE APPROPRIATIONS, TARGET POPULATIONS WHO MAY RECEIVE ASSISTANCE FROM THE NOW PROGRAM SHALL RECEIVE ONE OF THE FOLLOWING:

(I)  A CASH ASSISTANCE GRANT IN AN AMOUNT ESTABLISHED BY THE STATE BOARD;

(II)  SERVICES IN LIEU OF A CASH ASSISTANCE GRANT OR SERVICES IN COMBINATION WITH A CASH ASSISTANCE GRANT AT THE DISCRETION OF THE COUNTY BASED UPON AN ASSESSMENT PURSUANT TO SECTION 26­2­710 SO LONG AS THE FAMILY'S INCOME MEETS OR EXCEEDS THE AMOUNT OF THE MONTHLY CASH ASSISTANCE GRANT AS ESTABLISHED BY THE STATE BOARD.

(b)  A COUNTY MAY INCREASE THE AMOUNT OF THE CASH ASSISTANCE GRANT, WITHIN AVAILABLE APPROPRIATIONS, BASED ON OBJECTIVE CRITERIA THAT ARE FAIR AND EQUITABLE AND THAT ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS.

(2) (a)  THE STATE BOARD SHALL IDENTIFY MINIMUM SERVICES THAT SHALL BE AVAILABLE IN ALL COUNTIES IN ORDER TO PROVIDE TARGET POPULATIONS OPPORTUNITIES TO ACHIEVE SELF­SUFFICIENCY AND TO MEET OTHER REQUIREMENTS OF FEDERAL OR STATE LAW. SUCH SERVICES SHALL INCLUDE SERVICES DESIGNED TO PROMOTE JOB PLACEMENT AND JOB RETENTION.

(b)  SUBJECT TO THE PROVISIONS OF THIS PART 7 AND WITHIN AVAILABLE APPROPRIATIONS, A COUNTY MAY PROVIDE SERVICES AND BENEFITS IN ADDITION TO THOSE PROVIDED UNDER SUBSECTION (1) OF THIS SECTION BASED ON OBJECTIVE CRITERIA THAT ARE FAIR AND EQUITABLE. SUCH SERVICES AND BENEFITS MAY INCLUDE BUT ARE NOT LIMITED TO EMERGENCY ASSISTANCE, FAMILY PRESERVATION SERVICES, EDUCATION AND TRAINING OF CLIENTS, SUPPORTIVE SERVICES, AND JOB SEARCH SERVICES.

26­2­710.  Program features ­ assessment, individual responsibility plan, and work. (1)  A RECIPIENT WHO HAS ATTAINED THE AGE OF EIGHTEEN YEARS, WHO HAS NOT COMPLETED HIGH SCHOOL AND IS NOT ATTENDING SECONDARY SCHOOL, AND WHO APPLIES FOR OR RECEIVES BENEFITS UNDER THE NOW PROGRAM SHALL BE ASSESSED WITHIN THIRTY DAYS AFTER THE DATE OF THE APPROVAL OF THE APPLICATION AS TO THE NEED FOR SERVICES OR BENEFITS AND THE TYPE OF SERVICES OR BENEFITS HE OR SHE SHOULD RECEIVE. THE ASSESSMENT SHALL INCLUDE JOB SKILLS, PRIOR WORK EXPERIENCE, EMPLOYABILITY, AND NEED FOR REFERRAL TO SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE.

(2) (a)  A COUNTY DEPARTMENT SHALL COMPLETE AN INDIVIDUAL RESPONSIBILITY PLAN (IRP) WITH ANY RECIPIENT REQUIRED BY THE COUNTY TO BE ENGAGED IN A WORK ACTIVITY IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION AND ANY RECIPIENT RECEIVING SERVICES IN LIEU OF A CASH ASSISTANCE GRANT IN ACCORDANCE WITH SECTION 26­2­709 (1) (a) (II).

(b)  THE ASSESSMENT SHALL BE THE BASIS FOR AN IRP FOR SELF­SUFFICIENCY, WHICH SHALL INCLUDE THE RESPONSIBILITIES OF THE COUNTY AND THE RECIPIENT.

(c)  THE IRP FOR SELF­SUFFICIENCY SHALL IDENTIFY GOALS, INCLUDING WORK ACTIVITIES FOR THE RECIPIENT, AND TIME FRAMES FOR ACHIEVING SELF­SUFFICIENCY AND SHALL IDENTIFY THE MEANS REQUIRED TO MEET THESE BENCHMARKS INCLUDING NECESSARY SUPPORTIVE SERVICES.

(d)  THE STATE DEPARTMENT SHALL DEFINE THE MINIMUM CONTENT OF THE ASSESSMENT AND THE IRP. THE STATE DEPARTMENT SHALL INCLUDE CRITERIA FOR DETERMINING WHICH VICTIMS OF DOMESTIC VIOLENCE MAY BE REFERRED TO COUNSELING AND SUPPORTIVE SERVICES.

(3) (a)  EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (3) AND SUBSECTIONS (4), (5), AND (6) OF THIS SECTION, A PARENT OR CARETAKER RELATIVE RECEIVING ASSISTANCE UNDER THE NOW PROGRAM SHALL BE REQUIRED TO ENGAGE IN WORK WHEN THE COUNTY DETERMINES THAT THE RECIPIENT IS READY FOR SUCH WORK BASED ON AN ASSESSMENT.

(b)  A RECIPIENT WHO HAS RECEIVED ASSISTANCE UNDER THE NOW PROGRAM FOR TWENTY­FOUR MONTHS, WHETHER OR NOT CONSECUTIVE, SHALL BE REQUIRED TO PARTICIPATE IN WORK.

(c)  RECIPIENTS SHALL BE CONSIDERED TO BE ENGAGED IN WORK IF THEY ARE PARTICIPATING IN WORK ACTIVITIES AS DESCRIBED IN SECTION 26­2­711 OR IF THEY ARE PARTICIPATING IN OTHER WORK ACTIVITIES DESIGNED TO LEAD TO SELF­SUFFICIENCY AS DETERMINED BY THE COUNTY AND AS OUTLINED IN THEIR IRP.

(4)  A SINGLE CUSTODIAL PARENT CARING FOR A CHILD WHO HAS NOT ATTAINED TWELVE MONTHS OF AGE SHALL NOT BE REQUIRED TO ENGAGE IN WORK; EXCEPT THAT A PARENT WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS, WHO IS NOT MARRIED, WHO HAS A MINOR CHILD AT LEAST TWELVE WEEKS OF AGE, AND WHO HAS NOT COMPLETED HIGH SCHOOL OR OBTAINED A GED HIGH SCHOOL EQUIVALENCY CERTIFICATE SHALL BE REQUIRED TO ATTEND HIGH SCHOOL, PURSUE A GED HIGH SCHOOL EQUIVALENCY CERTIFICATE, OR PARTICIPATE IN A TRAINING PROGRAM APPROVED BY THE COUNTY.

(5)  PURSUANT TO RULES PROMULGATED BY THE STATE BOARD, VICTIMS OF DOMESTIC VIOLENCE MAY BE EXEMPT FROM THE TIME REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION AND ANY REQUIREMENTS TO COOPERATE IN CHILD SUPPORT ENFORCEMENT.

(6)  IN ACCORDANCE WITH FEDERAL LAW, NO OTHER PARTICIPATION EXEMPTIONS WILL BE ALLOWED. HOWEVER, A PERSON SHALL NOT BE REQUIRED TO PARTICIPATE IN WORK ACTIVITIES IF GOOD CAUSE EXISTS AS DETERMINED BY THE COUNTY. GOOD CAUSE INCLUDES, BUT IS NOT LIMITED TO, ILLNESS, ILLNESS OF ANOTHER MEMBER OF THE FAMILY SERIOUS ENOUGH TO REQUIRE THE ATTENTION OF THE RECIPIENT, UNAVAILABILITY OF CHILD CARE, UNSAFE WORKING CONDITIONS, LACK OF WORKERS' COMPENSATION INSURANCE, OR THE INABILITY OF THE RECIPIENT TO CONTINUE IN THE EMPLOYMENT OR TRAINING BASED UPON THE PERSON'S PHYSICAL OR MENTAL CAPACITY.

(7) (a)  ANY RECIPIENT WHO FAILS TO COMPLY WITH THE TERMS OF AN IRP WITHOUT GOOD CAUSE SHALL BE SUBJECT TO SANCTIONS AS DETERMINED BY THE STATE BOARD.

(b)  NO SANCTION SHALL TAKE EFFECT UNTIL A PERSON HAS BEEN GIVEN AN OPPORTUNITY FOR A FAIR HEARING IN ACCORDANCE WITH SECTION 26­1­106.

(8)  A RECIPIENT REQUIRED TO HAVE AN IRP UNDER THIS PART 7 MAY APPEAL THE FEASIBILITY OF THE IRP BASED UPON THE ASSESSMENT. A PERSON MAY RECEIVE A CASH ASSISTANCE GRANT DURING THE PENDENCY OF AN APPEAL UNDER THIS PART 7, REGARDLESS OF THE BASIS FOR THE APPEAL.

(9)  A COUNTY SHALL NOT REDUCE OR TERMINATE ASSISTANCE BASED UPON THE REFUSAL OF A RECIPIENT TO WORK IF THE RECIPIENT IS A SINGLE CUSTODIAL PARENT CARING FOR A CHILD WHO HAS NOT ATTAINED SIX YEARS OF AGE AND THE PERSON DEMONSTRATES AN INABILITY TO OBTAIN CHILD CARE; EXCEPT THAT NOTHING IN THIS SUBSECTION (9) SHALL BE INTERPRETED AS PROVIDING AN EXEMPTION FROM THE REQUIREMENT THAT A PARENT WHO HAS NOT YET ATTAINED THE AGE OF EIGHTEEN YEARS, WHO IS NOT MARRIED, WHO HAS A MINOR CHILD AT LEAST TWELVE WEEKS OF AGE, AND WHO HAS NOT COMPLETED HIGH SCHOOL OR OBTAINED A GED HIGH SCHOOL EQUIVALENCY CERTIFICATE SHALL ATTEND HIGH SCHOOL, PURSUE A GED HIGH SCHOOL EQUIVALENCY CERTIFICATE, OR PARTICIPATE IN A TRAINING PROGRAM APPROVED BY THE COUNTY.

(10) (a)  THE GENERAL ASSEMBLY FINDS AND DECLARES THAT A PHENOMENON REFERRED TO AS THE "CLIFF EFFECT" OCCURS WHEN EMPLOYMENT EARNINGS ARE INSUFFICIENT TO COVER THE COSTS OF HEALTH INSURANCE, CHILD CARE, AND HOUSEHOLD EXPENSES DUE TO THE LOSS OF ELIGIBILITY FOR CERTAIN FORMS OF PUBLIC ASSISTANCE. THEREFORE, AN EFFECTIVE STATE PROGRAM TO IMPLEMENT THE FEDERAL LAW SHOULD PROVIDE FOR SUPPORT SYSTEMS TO ENSURE THAT RECIPIENTS WILL BE ABLE TO MOVE SUCCESSFULLY FROM DEPENDENCY ON PUBLIC ASSISTANCE TO LONG­TERM SELF­SUFFICIENCY.

(b)  A RECIPIENT MAY EARN AND RETAIN MONTHLY INCOME IN AN AMOUNT TO BE ESTABLISHED BY THE STATE BOARD WITHOUT BECOMING INELIGIBLE FOR ASSISTANCE UNDER THE NOW PROGRAM.

(11)  NO PERSON IN A WORK ACTIVITY DESCRIBED IN SECTION 26­2­711 (3) SHALL BE EMPLOYED BY, OR ASSIGNED TO, AN EMPLOYER IF ANY OTHER PERSON IS ON LAYOFF FROM THE SAME OR ANY SUBSTANTIALLY EQUIVALENT JOB WITH SUCH EMPLOYER OR IF SUCH EMPLOYER HAS TERMINATED THE EMPLOYMENT OF ANY REGULAR EMPLOYEE OR OTHERWISE CAUSED AN INVOLUNTARY REDUCTION OF THE WORKFORCE IN ORDER TO FILL THE VACANCY WITH A NOW RECIPIENT. A GRIEVANCE PROCEDURE FOR RESOLVING COMPLAINTS OF ALLEGED VIOLATIONS OF DISPLACEMENTS SHALL BE ESTABLISHED BY EACH COUNTY.

26­2­711. Program features ­ work requirements for counties. (1)  THE STATE DEPARTMENT SHALL ESTABLISH WORK PARTICIPATION RATES FOR EACH COUNTY BASED UPON OBJECTIVE CRITERIA IN ORDER TO MEET THE MINIMUM FEDERAL WORK PARTICIPATION REQUIREMENTS FOR THE STATE.

(2)  EACH COUNTY SHALL BE RESPONSIBLE FOR ACHIEVING WORK PARTICIPATION RATES FOR RECIPIENTS AS ESTABLISHED BY THE STATE DEPARTMENT PURSUANT TO FEDERAL LAW.

(3) (a)  A COUNTY SHALL MEET WORK PARTICIPATION RATES BY PLACING AND MAINTAINING RECIPIENTS IN ANY OF THE FOLLOWING WORK ACTIVITIES PURSUANT TO FEDERAL LAW:

(I)  UNSUBSIDIZED EMPLOYMENT;

(II)  SUBSIDIZED PRIVATE SECTOR EMPLOYMENT;

(III)  SUBSIDIZED PUBLIC SECTOR EMPLOYMENT;

(IV)  WORK EXPERIENCE, INCLUDING WORK ASSOCIATED WITH THE

REFURBISHING OF PUBLICLY ASSISTED HOUSING, IF SUFFICIENT PRIVATE SECTOR EMPLOYMENT IS NOT AVAILABLE;

(V)  ON­THE­JOB TRAINING;

(VI)  JOB SEARCH AND JOB READINESS ASSISTANCE;

(VII)  COMMUNITY SERVICE PROGRAMS;

(VIII)  VOCATIONAL EDUCATIONAL TRAINING, NOT TO EXCEED TWELVE MONTHS WITH RESPECT TO ANY RECIPIENT;

(IX)  THE PROVISION OF CHILD CARE SERVICES TO A RECIPIENT IN A COMMUNITY SERVICE PROGRAM.

(b)  A COUNTY MAY MEET WORK PARTICIPATION RATES BY PLACING AND MAINTAINING RECIPIENTS IN ANY OF THE FOLLOWING ACTIVITIES IF THE RECIPIENT IS ALSO ENGAGED IN ANY OF THE ACTIVITIES IN PARAGRAPH (a) OF THIS SUBSECTION (3) PURSUANT TO FEDERAL LAW:

(I)  JOB SKILLS TRAINING DIRECTLY RELATED TO EMPLOYMENT;

(II)  EDUCATION DIRECTLY RELATED TO EMPLOYMENT, IN THE CASE OF A RECIPIENT WHO HAS NOT RECEIVED A HIGH SCHOOL DIPLOMA OR A GED CERTIFICATE OF HIGH SCHOOL EQUIVALENCY;

(III)  SATISFACTORY ATTENDANCE AT SECONDARY SCHOOL OR IN A COURSE OF STUDY LEADING TO A GED CERTIFICATE OF HIGH SCHOOL EQUIVALENCY, IN THE CASE OF A RECIPIENT WHO HAS NOT COMPLETED SECONDARY SCHOOL OR RECEIVED SUCH A CERTIFICATE.

(c)  "WORK" OR "WORK ACTIVITIES" ALSO MEANS MAINTENANCE OF SATISFACTORY ATTENDANCE AT SECONDARY SCHOOL OR THE EQUIVALENT OR PARTICIPATION IN EDUCATION DIRECTLY RELATED TO EMPLOYMENT FOR AT LEAST THE MINIMUM AVERAGE NUMBER OF HOURS PER WEEK SPECIFIED BY THE STATE DEPARTMENT FOR A RECIPIENT WHO IS THE HEAD OF A HOUSEHOLD AND HAS NOT ATTAINED TWENTY YEARS OF AGE.

26­2­712.  Individual development accounts ­ county option. (1)  A COUNTY MAY ESTABLISH AN OPTIONAL PROGRAM TO ALLOW RECIPIENTS TO ESTABLISH INDIVIDUAL DEVELOPMENT ACCOUNTS FOR POSTSECONDARY EDUCATION, FIRST HOME PURCHASE, OR BUSINESS CAPITALIZATION.

(2)  AN INDIVIDUAL DEVELOPMENT ACCOUNT MUST BE ESTABLISHED IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS.

(3)  ANY COUNTY THAT IMPLEMENTS THE OPTION UNDER THIS SECTION SHALL EVALUATE THE EFFECTIVENESS OF THE ACCOUNTS AND PROVIDE AN ANNUAL REPORT TO THE STATE DEPARTMENT.

26­2­713.  Boards of county commissioners. (1) (a)  ON OR BEFORE JANUARY 1, 1998, AND EVERY YEAR THEREAFTER, THE STATE DEPARTMENT AND EACH BOARD OF COUNTY COMMISSIONERS SHALL NEGOTIATE AND ENTER INTO A PERFORMANCE CONTRACT FOR THE PROVISION OF SERVICES TO BE FUNDED UNDER THE NOW PROGRAM. EACH PERFORMANCE CONTRACT SHALL INCLUDE, BUT NOT BE LIMITED TO, AN EXPLANATION OF FUNDING REQUIREMENTS UNDER APPLICABLE STATE AND FEDERAL LAW, IDENTIFICATION OF WORK PARTICIPATION REQUIREMENTS, AN ASSURANCE THAT NATIVE AMERICANS WILL HAVE EQUAL ACCESS TO THE PROGRAM, A PLAN TO REDUCE OUT­OF­WEDLOCK PREGNANCIES, A PLAN TO MEET WORK PARTICIPATION REQUIREMENTS, BENEFITS TO BE OFFERED, IDENTIFICATION OF ADMINISTRATIVE COSTS, AND OTHER PROVISIONS OF STATE AND FEDERAL LAW. IN THE EVENT THAT NO CONTRACT AGREEMENT IS REACHED, THE STATE DEPARTMENT MAY AUTHORIZE A DESIGNEE OR AGENT TO OPERATE THE NOW PROGRAM IN THAT COUNTY.

(b)  THE BOARD OF COUNTY COMMISSIONERS SHALL IDENTIFY THE AGENCY OR AGENCIES RESPONSIBLE FOR ADMINISTRATION OF THE NOW PROGRAM IN THE PERFORMANCE CONTRACT.

(2) (a)  A BOARD OF COUNTY COMMISSIONERS OR ITS AGENTS MAY CONTRACT WITH PRIVATE OR PUBLIC AGENCIES FOR THE OPERATION OF ALL OR PART OF THE NOW PROGRAM. COUNTIES SHALL BE RESPONSIBLE FOR ASSURING THAT ALL CONTRACTORS MEET ALL PROGRAM REQUIREMENTS.

(b)  IF A BOARD OF COUNTY COMMISSIONERS CONTRACTS WITH A RELIGIOUS ORGANIZATION AND AN APPLICANT OR A RECIPIENT OBJECTS TO THE RELIGIOUS CHARACTER OF THE ORGANIZATION, THE BOARD OF COUNTY COMMISSIONERS SHALL OFFER AN ALTERNATIVE MEANS FOR THE PROVISION OF SERVICES.

(3)  A COUNTY SHALL OPERATE THE NOW PROGRAM IN ACCORDANCE WITH ALL REQUIREMENTS OF FEDERAL AND STATE LAW.

26­2­714.  Overpayments ­ underpayments. (1)  ALL CASH AND VENDOR PAYMENTS OF THE NOW PROGRAM RECEIVED BY A FAMILY FOR WHICH THE FAMILY IS NOT ELIGIBLE SHALL BE RECOVERED. RECOVERY METHODS MAY INCLUDE BUT ARE NOT LIMITED TO: RECOUPMENT FROM FUTURE GRANTS, GARNISHMENT, TAX INTERCEPTS, REPAYMENT AGREEMENTS, AND LIENS ON PROPERTY. INTEREST SHALL BE CHARGED ON ALL RECOVERIES AT THE CURRENT RATE ESTABLISHED BY THE STATE DEPARTMENT.

(2)  UNDERPAYMENTS SHALL BE REMITTED TO THE FAMILY WITHIN THIRTY DAYS AFTER THE UNDERPAYMENT IS IDENTIFIED.

SECTION 2.  26­4­201 (1) (a), (1) (b), and (1) (d), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended, and the said 26­4­201 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

26­4­201.  Mandatory provisions ­ eligible groups. (1)  In order to participate in the medicaid program, the federal government requires the state to provide medical assistance to certain eligible groups. Pursuant to federal law, any person who is eligible for medical assistance under the mandated groups specified in this section shall receive both the mandatory services that are specified in sections 26­4­202 and 26­4­203 and the optional services that are specified in sections 26­4­302 and 26­4­303. Subject to the availability of federal financial aid funds, the following are the individuals or groups which are mandated under federal law to receive benefits under this article:

(a)  Individuals who are receiving aid to families with dependent children; INDIVIDUALS WHO MEET THE ELIGIBILITY CRITERIA FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM PURSUANT TO RULES THAT WERE IN EFFECT ON JULY 16, 1996;

(b)  Families who have been terminated from aid to families with dependent children because of increased earnings or increased hours of employment whose eligibility is specified for a period of time by the federal government; FAMILIES WHO MEET THE ELIGIBILITY CRITERIA FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM ESTABLISHED IN RULES THAT WERE IN EFFECT ON JULY 16, 1996, AND WHO SUBSEQUENTLY WOULD HAVE BECOME INELIGIBLE UNDER SUCH ELIGIBILITY CRITERIA BECAUSE OF INCREASED EARNINGS OR INCREASED HOURS OF EMPLOYMENT WHOSE ELIGIBILITY IS SPECIFIED FOR A PERIOD OF TIME BY THE FEDERAL GOVERNMENT;

(d)  Individuals who would be eligible for aid to families with dependent children except for an increase in old­age, survivors, and disability insurance income under P.L. 92­336;

(q)  PERSONS WHO ARE ELIGIBLE FOR CASH ASSISTANCE UNDER THE NOW PROGRAM, PURSUANT TO SECTION 26­2­707.

SECTION 3.  26­4­508 (3) (a) (I), (3) (a) (II) (A), and (3) (c) (I), Colorado Revised Statutes, 1995 Repl. Vol., as amended, are amended to read:

26­4­508.  Baby and kid care program ­ creation ­ eligibility. (3) (a)  On and after April 1, 1990, children under the age of six years and pregnant women shall be eligible for benefits under the baby and kid care program; except that, for the purpose of eligibility under this subsection (3) only:

(I)  Such individual's family income shall exceed the eligibility threshold used in determining eligibility for aid to families with dependent children assistance PURSUANT TO RULES IN EFFECT ON JULY 16, 1996, pursuant to section 26­2­118, but shall not exceed the equivalent of the percentage level of the federal poverty line that is specified pursuant to paragraph (b) of this subsection (3);

(II) (A)  Except as otherwise provided in sub­subparagraph (B) of this subparagraph (II), children under six years of age shall meet the income and resource standard used to determine eligibility for aid to families with dependent children assistance PURSUANT TO RULES IN EFFECT ON JULY 16, 1996, except as provided in this subsection (3).

(c) (I)  On and after July 1, 1991, children born after September 30, 1983, who have attained age six but have not attained age nineteen shall be eligible for benefits under the baby and kid care program; except that, for the purpose of eligibility under this paragraph (c) only, such individual's family income shall exceed the eligibility threshold used in determining eligibility for aid to families with dependent children assistance PURSUANT TO RULES IN EFFECT ON JULY 16, 1996, pursuant to section 26­2­118, but shall not exceed the equivalent of the percentage level of the federal poverty line that is specified pursuant to subparagraph (II) of this paragraph (c).

SECTION 4.  26­1­109 (4) (c) and (5), Colorado Revised Statutes, 1989 Repl. Vol., are amended to read:

26­1­109.  Cooperation with federal government ­ grants­in­aid. (4)  In administering any funds appropriated or made available to the state department for public assistance and welfare activities, the state department has the power to:

(c)  Undertake forthwith the administration of any or all public assistance and food stamp activities within any county of this state which has had any or all of its grants­in­aid terminated pursuant to paragraph (b) of this subsection (4); but the county shall continue to meet the requirements of paragraph (a) of this subsection (4);

(5)  The rules and regulations of the state department may include provisions to accommodate requirements of contracts entered into between the state department and the federal department of health, education, and welfare for studies of guaranteed annual income or other forms of income maintenance research projects; and for such purpose the requirements of this title as to eligibility for public assistance shall not apply for the term of and in accordance with the contract for such purpose. No program shall be initiated or carried out under the authorization contained in this subsection (5) in a manner which will increase the welfare burden upon any county or city and county, and, if such a program is conducted in the Denver area, it shall be conducted within an area no smaller than the Denver S.M.S.A. (standard metropolitan statistical area) as defined by the United States bureau of the census.

SECTION 5.  26­1­109.5, Colorado Revised Statutes, 1989 Repl. Vol., is repealed as follows:

26­1­109.5.  Treatment of restitution payments under this title ­ declaration ­ exclusion from financial determinations. (1)  The general assembly finds that restitution payments made to Japanese Americans pursuant to the "Civil Liberties Act" (P.L. 100­383) were intended to redress the injustice done to United States citizens and resident aliens of Japanese ancestry who were incarcerated during World War II. The general assembly also finds that pursuant to such federal law, such payments are already excluded from state social service programs described in 31 U.S.C. sec. 3803 (c)(2)(c) which are funded by federal moneys.

(2)  The state department shall exclude from consideration, when determining income or resources for purposes of determining eligibility or benefit amounts in any state­funded program under this title, moneys paid to eligible individuals pursuant to the "Civil Liberties Act" (P.L. 100­383).

SECTION 6.  26­1­111 (2) (a) and (2) (m), Colorado Revised Statutes, 1989 Repl. Vol., are amended to read:

26­1­111.  Activities of the state department under the supervision of the executive director. (2)  The state department, under the supervision of the executive director, shall:

(a)  Administer or supervise all forms of public assistance and welfare, including but not limited to assistance payments, food stamps, and social services under programs for old age pensions, aid to families with dependent children THE NEW OPPORTUNITY FOR WORK, aid to the blind, aid to the needy disabled, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, and such other public assistance and welfare activities as may be vested in the state department pursuant to law;

(m)  Administer the state JOBS program in compliance with the "Family Support Act of 1988" (P.L. 100­485) and any federal regulations promulgated thereunder.

SECTION 7.  26­1­112 (3) (b), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­1­112.  Locating violators ­ recoveries. (3) (b)  Whenever a county department, a county board A BOARD OF COUNTY COMMISSIONERS, a district attorney, or a state department on behalf of the county recovers any amount of public assistance payments or medical assistance funds which were obtained through unintentional client error, the federal government shall be entitled to a share proportionate to the amount of federal funds paid, unless a different amount is provided for by federal law, the state shall be entitled to a share proportionate to seventy­five percent of the amount of state funds paid, the county shall be entitled except for the aid to families with dependent children program, to a share proportionate to the amount of county funds paid, if any, and, in addition, a share proportionate to twenty­five percent of the amount of state funds paid. In the aid to dependent children program, the county shall be entitled to a share proportionate to the amount of county funds paid and, in addition, a share proportionate to one­half the amount of state funds paid.

SECTION 8.  26­1­118 (2.5), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­1­118.  Duties of county departments, county directors, and district attorneys. (2.5)  Upon implementation of the JOBS program in the county as required under section 26­2­406, the county department shall submit to the state department an action plan which outlines implementation of the JOBS program in the county. Such action plan shall meet the criteria set forth in section 26­2­406.

SECTION 9.  26­1­122 (4) (c) and (4) (d), Colorado Revised Statutes, 1989 Repl. Vol., are amended to read:

26­1­122.  County appropriations and expenditures ­ advancements ­ procedures. (4) (c)  For purposes of this article, under rules of the state department, program costs shall include: Amounts expended for assistance payments and social services (except for items enumerated in subsection (3) (c) of this section) under programs for aid to families with dependent children THE NEW OPPORTUNITY FOR WORK, aid to the needy disabled, aid to the blind, child welfare services, expenses of treatment to prevent blindness or restore eyesight as defined in section 26­2­121, funeral and burial expenses as defined in section 26­2­129, and state supplementation under part 2 of article 2 of this title.

(d)  Whenever any county, by reason of an emergency or other temporary condition, shall be unable to meet its necessary financial obligations for other public assistance purposes, and at the same time meet its requirements for assistance payments and social services under the program for aid to the needy disabled or the program for aid to families with dependent children THE NEW OPPORTUNITY FOR WORK PROGRAM, the state department may in its discretion, upon consideration of the conditions and requirements of this title, reimburse such county in excess of the state's share as determined pursuant to subparagraph (II) of paragraph (b) of subsection (3) of this section of the amount expended for assistance payments and social services under such program. The state department shall determine the amount of such excess reimbursement and the period of time during which such excess reimbursement shall be made. For such purpose, the state department may use not to exceed five percent of the total amount allocated to it by the state for administrative and program costs for assistance payments and social services under the program for which the excess reimbursement is provided.

SECTION 10.  26­1­127 (1) and (1.5), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended to read:

26­1­127.  Fraudulent acts. (1)  Any person who obtains or any person who willfully aids or abets another to obtain public assistance or vendor payments or medical assistance as defined in this title to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, commits the crime of theft, which crime shall be classified in accordance with section 18­4­401 (2), C.R.S., and which crime shall be punished as provided in section 18­1­105, C.R.S., if the crime is classified as a felony, or section 18­1­106, C.R.S., if the crime is classified as a misdemeanor. To the extent not otherwise prohibited by state or federal law, any person violating the provisions of this subsection (1) is disqualified from participation in any public assistance program under article 2 of this title for six months ONE YEAR for a first offense, one year TWO YEARS for a second offense, and permanently for a third or subsequent offense. Such disqualification is mandatory and is in addition to any other penalty imposed by law.

(1.5)  To the extent not otherwise prohibited by state or federal law, any person against whom a county department of social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain public assistance or vendor payments or medical assistance as defined in this title to which the person is not entitled or in an amount greater than that to which the person is justly entitled or payment of any forfeited installment grants or benefits to which the person is not entitled or in a greater amount than that to which the person is entitled, by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device, is disqualified from participation in any public assistance program under article 2 of this title for six months ONE YEAR for a first incident, one year TWO YEARS for a second incident, and permanently for a third or subsequent incident. Such disqualification is mandatory and is in addition to any other remedy available to a judgment creditor.

SECTION 11.  26­2­103 (4), (5.5), and (7), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended to read:

26­2­103.  Definitions. As used in this article, unless the context otherwise requires:

(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 full­time 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.

(5.5)  "JOBS program" means the employment, training, and education program set forth in part 4 of this article.

(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 the provisions of this article. Public assistance includes programs for old age pensions, aid to families with dependent children THE NEW OPPORTUNITY FOR WORK, 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 26­2­121, and funeral and burial expenses as defined in section 26­2­129.

SECTION 12.  26­2­104 (1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­104.  Public assistance programs ­ electronic benefits transfer service ­ rules. (1)  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, aid to families with dependent children THE NEW OPPORTUNITY FOR WORK PROGRAM CREATED IN PART 7 OF THIS ARTICLE, aid to the needy disabled, and aid to the blind.

SECTION 13.  26­2­106 (4) (a), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­106.  Applications for public assistance. (4) (a)  If the public assistance sought is aid to families with dependent children PURSUANT TO THE NEW OPPORTUNITY FOR WORK PROGRAM, the application shall be made by the parent or other eligible relative with whom the dependent child is living. One application may be made for several children of the same family if they reside with the same person.

SECTION 14.  26­2­107 (1) (a) (I), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­107.  Verification ­ record. (1) (a) (I)  Whenever a county department receives an application for public assistance, it shall promptly make a record concerning the circumstances of the applicant to verify the facts supporting the application and shall examine all pertinent records and shall make a diligent effort to examine all records prior to granting assistance. Such records shall include, IF APPROPRIATE, but shall not be limited to, the following:

(A)  Records of the division of employment and training, including unemployment compensation records;

(B)  School attendance records;

(C)  Vital statistics records;

(D)  Records of the motor vehicle division of the department of revenue.

SECTION 15.  26­2­108 (1) (b), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­108.  Granting of assistance and social services. (1) (b)  In determining the amount of assistance payments to be granted, due account shall be taken of any income or property available to the applicant and any support, either in cash or in kind, which he THE APPLICANT may receive from other sources, pursuant to rules and regulations of the state department. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.

SECTION 16.  26­2­110, Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­110.  Repayment not required. (1)  No person shall be required, in order to receive public assistance, to repay or promise to repay the state of Colorado any money properly paid to him OR HER as public assistance pursuant to the provisions of this article and the rules and regulations of the state department; except that the state may recoup:

(a)  Interim assistance authorized under section 26­2­206, concerning blind and disabled individuals.

(b)  Conditional payments provided pursuant to the aid to families with dependent children program, which payments are conditional upon a written agreement by the recipient to make a good faith effort to dispose of real property not used as a home, which property would otherwise render the recipient ineligible.

SECTION 17.  26­2­111, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­111.  Eligibility for public assistance. (1)  No person shall be granted public assistance in the form of assistance payments under this article unless such person meets all of the following requirements:

(a)  The person is a resident of the state of Colorado. or, if a dependent child, the parent or other relatives with whom said child is living is a resident of the state of Colorado;

(b)  The person has insufficient income, property, or other resources to meet his or her needs as determined pursuant to rules and regulations of the state department; except that resource eligibility for the program of aid to the needy disabled shall be as specified in paragraph (d) of subsection (4) of this section, resource eligibility for the program of aid to the blind shall be as specified in subparagraph (III) of paragraph (a) of subsection (5) of this section, and resource eligibility requirements for the old age pension program shall be as specified in paragraph (a) of subsection (2) of this section.

(c) (I)  The person has not made a voluntary assignment or transfer of property without fair and valuable consideration for the purpose of rendering himself or herself eligible for public assistance under this article at any time within thirty­six months immediately prior to the filing of application for such assistance pursuant to the provisions of this article; or, in the case of a person already receiving public assistance under this article, the person has not made any such transfer during the time the person has been receiving such public assistance; but, if any such assignment or transfer is made during such thirty­six month period or during such time that public assistance is being received, there is a rebuttable presumption that the assignment or transfer was made for such purpose; but, within such period of time, a person may assign or transfer the ownership of real property owned and used as a residence by such person if:

(A)  The transfer or assignment is made for reasons other than to become or remain eligible for public assistance under this article;

(B)  The primary purpose of the transfer or assignment is not to acquire moneys or profit but is for some other legitimate reason such as estate planning.

(II)  Nothing in this paragraph (c) shall be construed to prohibit a person from selling, transferring, or assigning his or her real estate in a bona fide transaction for good and valuable consideration.

(d)  The person is not an inmate of a public institution, except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; but the provisions of this paragraph (d) shall not be applicable to or in any way affect the class of old age pension recipients provided for in subsection (2) (a) (III) of this section.

(2)  Old age pension. (a)  Except as provided in paragraph (d) of this subsection (2), public assistance in the form of the old age pension shall be granted to any person who meets the requirements of subsection (1) of this section and any one of the following requirements:

(I)  The person has attained the age of sixty years or more and meets the resource eligibility requirements of the federal supplemental security income program; or

(II)  Repealed.

(III)  The person is an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, and the person has attained the age of sixty years or more. The period of confinement as a patient in such institution shall be considered as residence in the state of Colorado.

(b)  No person otherwise qualified shall be denied the old age pension by reason of the fact that relatives may be financially able to contribute to his THE PERSON'S support and maintenance, but income and property of the spouse of an applicant or recipient of the old age pension shall be considered in determining eligibility pursuant to rules and regulations of the state department, which rules and regulations shall be based upon and relate to the need of the applicant or recipient.

(c)  No alien who has resided in the United States for less than three years shall be granted public assistance under the provisions of this subsection (2) unless it is shown that the person, other than a relative, who sponsored the alien's entry into the United States and who satisfied sponsorship financial requirements at the time of initial sponsorship now has insufficient income, property, or other resources to meet the needs of the alien as determined pursuant to rules and regulations of the state department.

(d) (I)  No person who is a member of a household which is receiving public assistance under the aid to families with dependent children NEW OPPORTUNITY FOR WORK program set forth in PART 7 OF this article shall be eligible to receive public assistance pursuant to this subsection (2). For the purposes of this paragraph (d), "household" has the same meaning as "assistance unit" as used in 45 C.F.R. 205.40 (a) (1), as amended.

(II) (A)  The provisions of subparagraph (I) of this paragraph (d) notwithstanding, on and after January 1, 1992, a supplemental payment funded by state and county funds shall be paid to households which have received public assistance payments for the month of December 1991, under both the aid to families with dependent children program set forth in this article and the old age pension program set forth in this subsection (2). Such supplemental payment shall be in an amount as will maintain the household's total income at the same level as in December 1991.

(B)  Such supplemental payment shall be paid only if the household remains continuously eligible to receive public assistance under both the aid to families with dependent children program set forth in this article and the old age pension program set forth in this subsection (2).

(3)  Aid to families with dependent children. (a)  Except as provided in paragraph (c) of this subsection (3), public assistance in the form of aid to families with dependent children shall be granted to or on behalf of any dependent child who meets the requirements of subsection (1) of this section and is living in a place of residence with relatives as defined in section 26­2­103 (4) (a) or is under foster care under conditions prescribed in section 26­2­103 (4) (b).

(b)  Notwithstanding any provision to the contrary, aid to families with dependent children may be granted under this article, pursuant to rules and regulations of the state department, to any expectant mother beginning with the sixth month of the mother's pregnancy, if a determination has been made that, if said child were born at the time of making application, it would be a dependent child and the pregnancy and the estimated date of delivery have been medically verified.

(c) to (f)  Repealed.

(g) (I)  A person by signing an application for aid to families with dependent children assigns, by operation of law, to the state department, all rights the applicant may have to support from any other person on his own behalf or on behalf of any other family member for whom application is made. For the purposes of this paragraph (g), the assignment:

(A)  Is effective for both current and accrued support;

(B)  Takes effect upon a determination that the applicant is eligible for aid to families with dependent children; and

(C)  Shall remain in effect with respect to the amounts of any unpaid support obligation accrued under the assignment that was owed prior to the termination of aid to families with dependent children to a recipient.

(II)  The application shall contain a statement explaining this assignment.

(h)  Aid to families with dependent children based on the unemployment of the principal wage earner shall be granted for a period of time which is not to exceed six months in any twelve­month period.

(3.5) (a)  Repealed.

(b)  On and after October 1, 1992, all applicants and recipients of aid to families with dependent children shall be required to participate in the JOBS program set forth in part 4 of this article unless participation is exempt pursuant to the provisions of section 26­2­408.

(4)  Aid to the needy disabled. Public assistance in the form of aid to the needy disabled shall be granted to any person who meets the requirements of subsection (1) of this section and all of the following requirements:

(a)  He or she has a total disability, as defined by section 26­2­103 (6) and the rules and regulations of the state department that has lasted or can be expected to last for a period of six months or more or he or she is determined to be disabled and eligible for social security disability insurance benefits under Title II of the social security act.

(b)  He or she is eighteen years of age or older.

(b.5)  He or she has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown.

(c) (I)  The person is not a member of a household receiving public assistance under the aid to families with dependent children NEW OPPORTUNITY FOR WORK program set forth in PART 7 OF this article. For the purposes of this paragraph (c), "household" has the same meaning as "assistance unit" as used in 45 C.F.R. 205.40 (a) (1), as amended.

(II) (A)  The provisions of subparagraph (I) of this paragraph (c) notwithstanding, on and after January 1, 1992, a supplemental payment funded by state and county funds shall be paid to households that have received public assistance payments for the month of December 1991, under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4). The supplemental payment shall be in an amount as will maintain the household's total income at the same level as in December 1991.

(B)  The supplemental payment shall be paid only if the household remains continuously eligible to receive public assistance under both the aid to families with dependent children NEW OPPORTUNITY FOR WORK program set forth in PART 7 OF this article and the aid to the needy disabled program set forth in this subsection (4).

(d)  He or she meets the resource eligibility requirements of the federal supplemental security income program.

(e)  If the applicant is disabled as a result of a primary diagnosis of alcoholism or a controlled substance addiction, he or she, as conditions of eligibility, shall be required to:

(I)  Participate in treatment services approved by the division of alcohol and drug abuse in the state department; and

(II)  Demonstrate on a periodic and random basis that he or she remains free of the use of alcohol or any nonprescribed controlled substance on a form verified by the treatment program. Any person whose random test results are positive two times in any three­month period shall be denied eligibility.

(f)  A person who is disabled as a result of a primary diagnosis of alcoholism or a controlled substance addiction shall not be eligible for aid to the needy disabled based upon that primary diagnosis if the person has received aid to the needy disabled based upon such diagnosis for any cumulative twelve­month period in the person's lifetime.

(5)  Aid to the blind. (a)  For the purpose of providing public assistance to those not receiving federal financial benefits pursuant to Title XVI of the social security act, public assistance in the form of aid to the blind shall be granted to any person who meets the requirements of subsection (1) of this section and who:

(I)  Is blind as defined by section 26­2­103 (3) or is determined to be blind and eligible for social security disability insurance benefits under Title II of the social security act; except that any person who is a member of a household that is receiving public assistance under the aid to families with dependent children NEW OPPORTUNITY FOR WORK program set forth in PART 7 OF this article shall not be eligible to receive public assistance pursuant to this subsection (5);

(II)  Has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown; and

(III)  Meets the resource eligibility requirements of the federal supplemental security program.

(b)  For the purposes of this subsection (5), "household" has the same meaning as "assistance unit" as used in 45 C.F.R. 205.40 (a) (1), as amended.

SECTION 18.  26­2­118, Colorado Revised Statutes, 1989 Repl. Vol., is repealed as follows:

26­2­118.  Amount of assistance payments ­ aid to families with dependent children. (1)  Assistance payments under a program for aid to families with dependent children shall include:

(a)  Assistance payments with respect to or on behalf of a dependent child, with due consideration given to the budgetary needs of the eligible relative with whom such child resides; and

(b)  Assistance payments or other financial assistance for or on behalf of a dependent child receiving foster care pursuant to rules and regulations of the state department.

(2)  The amount of assistance payments which shall be granted to a recipient under the program for aid to families with dependent children shall be on the basis of budgetary need as determined by the county department, with due regard to any income, property, or other resources available to the recipient, within available appropriations, and in accordance with rules and regulations of the state department which may include the use of statistics, averages, tables, standards, and other criteria with respect to such determination of budgetary need.

(3)  Any special payment by the federal government in the form of a one­time­only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.

SECTION 19.  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:

26­2­102.5  Foster care ­ Title IV­E of the Social Security Act. (1)  ELIGIBILITY OF A CHILD FOR TITLE IV­E FOSTER CARE SHALL BE BASED ON THE AFDC RULES IN EFFECT ON JUNE 1, 1995.

(2)  SUCH CHILD SHALL MEET ALL OF THE FOLLOWING CONDITIONS:

(a)  THE PLACEMENT AND CARE OF SUCH CHILD ARE THE RESPONSIBILITY OF THE STATE DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF SOCIAL SERVICES;

(b)  SUCH CHILD HAS BEEN PLACED IN A FOSTER HOME OR CHILD CARE INSTITUTION AS A RESULT OF A JUDICIAL DETERMINATION;

(c)  COURT PROCEEDINGS LEADING TO THE JUDICIAL DETERMINATION WERE INITIATED IN A MONTH IN WHICH SUCH CHILD WOULD HAVE BEEN ELIGIBLE TO RECEIVE AFDC UNDER THE RULES IN EFFECT ON JUNE 1, 1995, OR WOULD HAVE BEEN ELIGIBLE EXCEPT THAT SUCH CHILD WAS NOT LIVING WITH A CARETAKER RELATIVE. IF SUCH CHILD LIVED WITH A CARETAKER RELATIVE WITHIN SIX MONTHS PRIOR TO THE MONTH IN WHICH COURT PROCEEDINGS WERE INITIATED, SUCH CHILD SHALL BE ELIGIBLE.

SECTION 20.  26­2­122 (4), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­122.  Public assistance in the form of social services. (4)  The state department shall prepare and submit to the secretary of health, education, and welfare SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES a state plan for services that meets the requirements of the social security act, federal regulations, and this section. The state department shall administer the program for services in accordance with the social security act, federal regulations, and this section.

SECTION 21.  26­2­122.5, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­122.5.  Acceptance of available moneys to finance the low­income energy assistance program ­ rules. (1)  The general assembly hereby finds, determines, and declares that federal moneys are available to the state pursuant to the federal "Emergency Assistance Program" under Title IV of the "Social Security Act"; that an appropriate use of such funds is to supplement the state low­income energy assistance program; that such moneys can be maximized when matched by moneys that are available for low­income energy assistance pursuant to section 40­8.5­104, C.R.S.; and that it is appropriate to enact this section authorizing the executive director of the state department to accept private contributions or federal grants to be expended for the low­income energy assistance program.

(2)  The executive director of the state department, or said director's designee, is hereby authorized to accept any private contributions, including contributions from the fund created in section 40­8.5­104, C.R.S., and any federal grants, and to expend the same, subject to appropriation, for the purpose of increasing available funds under the low­income energy assistance program. Under no circumstances shall state general funds be used to match the funds received pursuant to this section.

(3)  Notwithstanding the availability of additional moneys pursuant to subsections (1) and (2) of this section, the low­income energy assistance program shall be administered within the staffing structure, in existence on July 1, 1991, of the state department of human services and county departments of social services, without additional FTE.

SECTION 22.  26­2­123, Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­123.  Removal to another county. (1)  Any recipient who becomes a resident of another county in this state shall be entitled to receive all forms of public assistance that are provided in the county to which he THE RECIPIENT transfers and for which he OR SHE is eligible , and the county department of the county from which he THE RECIPIENT has moved shall transfer all necessary records relating to the recipient to the county department of the county to which he OR SHE has moved, pursuant to the rules and regulations of the state department.

(2)  THE COUNTY TO WHICH A RECIPIENT MOVES IS REQUIRED TO PROVIDE ONLY THOSE SERVICES AND BENEFITS UNDER THE NOW PROGRAM CREATED IN PART 7 OF THIS ARTICLE AS ARE STIPULATED IN THE RECEIVING COUNTY'S PERFORMANCE CONTRACT.

SECTION 23.  26­2­125, Colorado Revised Statutes, 1989 Repl. Vol., is repealed as follows:

26­2­125.  AFDC cases ­ vendor payments. The county department, upon reconsideration in cases involving aid to families with dependent children as provided in section 26­2­124, may authorize direct payment to vendors of the portion of the assistance grant budgeted for essential services and subsistence items for the children, if evidence has been accumulated that the relative payee is using that portion of the grant provided for the care, maintenance, and welfare of the children for other purposes.

SECTION 24.  26­2­127, Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­127.  Appeals. (1) (a) (I)  EXCEPT AS OTHERWISE PROVIDED FOR IN THE NEW OPPORTUNITY FOR WORK PROGRAM IN SECTION 26­2­710 (8), if an application for assistance payments is not acted upon by the county department within a reasonable time after filing of the same, or if an application is denied in whole or in part, or if a grant of assistance payments is suspended, terminated, or modified, the applicant or recipient, as the case may be, may appeal to the state department in the manner and form prescribed by the rules and regulations of the state department. A hearing need not be granted when either state or federal law requires or results in an automatic grant adjustment for classes of recipients, unless the reason for an individual appeal is incorrect grant computation.

(II)  Upon receipt of an appeal, the state department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with rules and regulations of the state department. Any such fair hearing shall comply with section 24­4­105, C.R.S., and the state department's administrative law judge shall preside.

(III)  The appellant shall have an opportunity to examine all applications and pertinent records concerning said appellant which constitute a basis for the denial, suspension, termination, or modification of assistance payments.

(IV)  The appellant may represent himself or he may be represented by legal counsel, or by a relative, friend, or other spokesman, and such representation by nonlawyers shall not be considered to be the practice of law.

(b)  The state department, by its rules and regulations, may provide for fair hearings and appeals for applicants for and recipients of social services.

(c)  Upon its own motion, 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. The state department may make such additional investigation as it deems necessary and shall 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 and regulations 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.

(2)  All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.

SECTION 25.  The introductory portion to 26­2­128 (1) and 26­2­128 (3), (4), and (5) (a), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended to read:

26­2­128.  Recovery from recipient ­ estate. (1)  If, at any time during the continuance of public assistance, the recipient thereof becomes possessed of any property having a value in excess of that amount set pursuant to the provisions of section 26­2­109 and the rules and regulations of the state department or receives any increase in income, it shall be the duty of the recipient to notify the county department of the possession of such property or receipt of such income, and the county department may, after investigation, either terminate the public assistance or alter the amount of assistance payments in accordance with the circumstances and the rules and regulations of the state department. To the extent not otherwise prohibited by state or federal law, if the recipient is found to have committed an intentional program violation, the recipient is disqualified from participation in any public assistance program under this article for six months ONE YEAR for the first incident, one year TWO YEARS for a second incident, and permanently for a third or subsequent incident. Such disqualification is mandatory and is in addition to any other penalty imposed by law. Except as provided in subsections (3) and (4) of this section, any previously paid excess public assistance to which the recipient was not entitled shall be recoverable by the county as a debt due to the state and the county in proportion to the amount of public assistance paid by each respectively; except that any fraudulently obtained public assistance or fraudulently obtained overpayments shall be recoverable and payable in proportionate shares as provided in section 26­1­112 (2) (b), and interest shall be charged and paid to the county department on any sum fraudulently obtained calculated at the legal rate and calculated from the date the recipient obtained such sum to the date such sum is recovered. The following remedies apply for the enforcement and collection of a debt for fraudulently obtained public assistance or fraudulently obtained overpayments:

(3)  Except FOR NEW OPPORTUNITY FOR WORK PROGRAM (NOW) RECIPIENTS AND as provided in subsection (4) of this section, when a recipient was ineligible for assistance payments solely because of property in excess of that permitted by state department rules and regulations adopted pursuant to section 26­2­109, the amount for which he THE RECIPIENT shall be liable shall be the amount by which his OR HER property exceeded the amount allowable under such rules and regulations or the total amount of assistance payments thus received by him THE RECIPIENT, whichever is the lesser amount. Actions for the recovery of such sums shall be prosecuted by the county or state department in any court of record having jurisdiction thereof.

(4)  Notwithstanding subsections (1), (2), and (3) of this section, in any assistance case other than one in which a grant for aid to families with dependent children A CASH ASSISTANCE GRANT PURSUANT TO THE NEW OPPORTUNITY FOR WORK PROGRAM CREATED IN PART 7 OF THIS ARTICLE has been made, in which more than the correct amount of payment has been made, there shall be no adjustment of payments to the county or state department or recovery by the county or state department from any person who is without fault and who has reported to the state department any increase in income or changes in resources or property, if such adjustment or recovery would deprive a person of income required for ordinary and necessary living expenses or would be against equity and good conscience. Overpayments in all cases involving a grant of aid to families with dependent children OR A NOW GRANT shall be recovered regardless of fault.

(5) (a)  When a recipient, during or because of continuance of public assistance, receives excess assistance through fraudulent acts, the county department shall make regular deductions consistent with federal regulations BASED ON RULES OF THE STATE DEPARTMENT from said recipient's monthly grant until the excess payment is fully recovered.

SECTION 26.  26­2­129 (3), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­129.  Funeral ­ burial ­ cremation expenses ­ death reimbursement. (3)  Subject to available appropriations, a death reimbursement covering reasonable funeral expenses or reasonable cremation or burial expenses or any combination thereof shall be paid by the county department for a decedent if the estate of the deceased is insufficient to pay such reasonable expenses and if the persons legally responsible for the support of the deceased are unable to pay such reasonable expenses. The county department shall be reimbursed eighty percent of the amount of the death reimbursement paid for recipients of aid to the needy disabled and aid to families with dependent children THE NEW OPPORTUNITY FOR WORK PROGRAM (NOW) SERVICES OR BENEFITS and shall be reimbursed one hundred percent of the amount of the death reimbursement for recipients of old age pensions. If the state department determines that the level of appropriation is insufficient to meet the demand for death reimbursements, the state department shall reduce the amount of the death reimbursement level to meet the amount appropriated by the general assembly for death reimbursements. In the event that such a reduction is made, the county department shall have no additional responsibility beyond the reimbursement level as defined in the state department's rules.

SECTION 27.  26­2­133 (5), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­2­133.  State income tax refund offset. (5)  The home addresses and social security numbers of persons subject to the income tax refund offset, provided to the state department by the department of revenue, shall be sent to the respective county department of social services. or the state district food stamp office.

SECTION 28.  26­2­305 (1) and (1.5), Colorado Revised Statutes, 1989 Repl. Vol., as amended, are amended to read:

26­2­305.  Fraudulent acts ­ penalties. (1) (a)  Any person who obtains, or any person who aids or abets another to obtain, food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card­type device through which food stamp benefits may be delivered to which the person is not entitled, or food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card­type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program commits the crime of theft, which crime shall be classified in accordance with section 18­4­401 (2), C.R.S., and which crime shall be punished as provided in section 18­1­105, C.R.S., if the crime is classified as a felony, or section 18­1­106, C.R.S., if the crime is classified as a misdemeanor. Any person violating the provisions of this subsection (1) is disqualified from participation in the food stamp program for six months ONE YEAR for a first offense, one year TWO YEARS for a second offense, and permanently for a third or subsequent offense. ANY PERSON CONVICTED OF TRAFFICKING IN FOOD STAMP COUPONS AS DESCRIBED IN THIS SUBSECTION (1) HAVING A VALUE OF FIVE HUNDRED DOLLARS OR MORE SHALL BE PERMANENTLY DISQUALIFIED FROM THE FOOD STAMP PROGRAM.

(b)  ANY PERSON FOUND BY THE AGENCY OR CONVICTED IN A COURT OF LAW OF HAVING MADE A FRAUDULENT STATEMENT OR REPRESENTATION WITH RESPECT TO THE IDENTITY OR PLACE OF RESIDENCE OF THE PERSON IN ORDER TO RECEIVE MULTIPLE BENEFITS SIMULTANEOUSLY UNDER THE FOOD STAMP PROGRAM SHALL BE DISQUALIFIED FROM PARTICIPATING FOR A TEN­YEAR PERIOD.

(c)  ANY PERSON FOUND GUILTY BY A COURT OF LAW OF PURCHASING CONTROLLED SUBSTANCES SHALL BE DISQUALIFIED FROM PARTICIPATION IN THE FOOD STAMP PROGRAM FOR TWO YEARS FOR A FIRST OFFENSE AND PERMANENTLY DISQUALIFIED FOR THE SECOND OFFENSE.

(d)  ANY PERSON WHO IS FOUND GUILTY BY A COURT OF LAW OF TRADING AMMUNITION OR EXPLOSIVES FOR FOOD STAMP COUPONS IS DISQUALIFIED PERMANENTLY FROM PARTICIPATING IN THE FOOD STAMP PROGRAM.

(e)  A STATE OR FEDERAL COURT MAY EXTEND A DISQUALIFICATION FOR UP TO AN ADDITIONAL EIGHTEEN MONTHS. Such disqualification is DISQUALIFICATIONS ARE mandatory and is ARE in addition to any other penalty imposed by law.

(1.5)  Any person against whom a county department of social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card­type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program, is disqualified from participation in the food stamp program for six months ONE YEAR for a first incident, one year TWO YEARS for a second incident, and permanently for a third or subsequent incident. Such disqualification is DISQUALIFICATIONS ARE mandatory and is ARE in addition to any other remedy available to a judgment creditor.

SECTION 29.  Repeal. Parts 4 and 5 of article 2 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, are repealed.

SECTION 30.  26­2­603 (2) (c) (I), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­603.  Neighbors program ­ pilot established ­ awards. (2)  Training and education programs that may be qualified to receive a grant pursuant to the provisions of this section shall demonstrate the following features:

(c)  Participant recruitment. The training and education program shall recruit persons who are eighteen years of age or older and who are recipients of one or more of the following forms of public assistance:

(I)  Aid to families with dependent children, as described in part 1 of THIS article 2 of this title OR ASSISTANCE UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM, AS DESCRIBED IN PART 7 OF THIS ARTICLE;

SECTION 31.  1­1­104 (33.5) (d), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:

1­1­104.  Definitions. As used in this code, unless the context otherwise requires:

(33.5)  "Public assistance" includes, but is not necessarily limited to, assistance provided under the following programs:

(d)  Aid to families with dependent children THE NEW OPPORTUNITY FOR WORK PROGRAM, as provided in PART 7 OF article 2 of title 26, C.R.S.

SECTION 32.  14­10­115 (7) (a) (I) (B), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

14­10­115.  Child support ­ guidelines ­ schedule of basic child support obligations. (7)  Determination of income. (a)  For the purposes of the guideline specified in subsections (3) to (14) of this section, "income" means actual gross income of a parent, if employed to full capacity, or potential income, if unemployed or underemployed. Gross income of each parent shall be determined according to the following guidelines:

(I) (B)  "Gross income" does not include benefits received from means­tested public assistance programs, including but not limited to aid to families with dependent children ANY ASSISTANCE PROVIDED UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, C.R.S., supplemental security income, food stamps, and general assistance.

SECTION 33.  14­14­104 (5) and (9), Colorado Revised Statutes, 1987 Repl. Vol., as amended, are amended to read:

14­14­104.  Recovery for child support debt. (5)  No child support debt under this section shall be created in the case of, or at any time collected from, a parent who receives aid to families with dependent children on behalf of his or her dependent child or children, pursuant to section 26­2­111, C.R.S., for the period such parent is eligible for and receiving such assistance ASSISTANCE UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM, CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, C.R.S., unless by order of a court of competent jurisdiction.

(9)  A copy of the computer printout obtained from the state department of human services of the record of payments of aid to families with dependent children ASSISTANCE UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM, CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, C.R.S., made on behalf of a child whose custodian has been receiving child support enforcement services pursuant to section 26­13­106, C.R.S., shall be admissible into evidence as proof of such payments in any proceeding to establish child support debt and shall be prima facie evidence of the amount of child support debt owing on behalf of said child.

SECTION 34.  14­14­106, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended to read:

14­14­106.  Interest. Interest per annum at four percent greater than the statutory rate set forth in section 5­12­101, C.R.S., on any arrearages and child support debt due and owing may be compounded monthly and may be collected by the judgment creditor; however, such interest may be waived by the judgment creditor, and such creditor shall not be required to maintain interest balance due accounts. In cases in which the delegate child support enforcement unit is providing support enforcement services pursuant to section 26­13­106, C.R.S., interest collected on arrearages and child support debt shall be treated as a child support collection and distributed in accordance with federal regulations. Interest collected on obligations due recipients receiving aid to families with dependent children ASSISTANCE UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM, CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, C.R.S., shall be deposited in the county social services fund and shall be distributed in accordance with the provisions of section 26­13­108, C.R.S.

SECTION 35.  25.5­1­202 (3) (d), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

25.5­1­202.  Birth­related cost recovery program ­ legislative declaration ­ waiver ­ duties of state department ­ repeal. (3) (d)  The following obligations of the noncustodial parent shall have priority over the debt prescribed by subparagraph (II) of paragraph (a) of subsection (2) of this section: Current monthly child support obligations; child support debt; maintenance obligations; child support arrearages; insurance premiums to purchase insurance covering the health of the noncustodial parent's children; payments to reimburse the state for AFDC benefits ASSISTANCE received UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, C.R.S.; and payments to reimburse the state for medical assistance costs, other than birth­related costs, expended pursuant to article 4 of title 26, C.R.S.

SECTION 36.  26­4­106 (3), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­4­106.  Application ­ verification of eligibility. (3)  The state department shall promulgate rules and regulations to simplify the processing of applications in order that medical benefits are furnished to recipients as soon as possible, including rules that provide for initial processing of applications for medical assistance only at locations other than the county departments or locations used for processing applications for aid to families with dependent children ASSISTANCE UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF THIS TITLE. Said rules and regulations may make provision for the payment of medical benefits for a period not to exceed three months prior to the date of application in cases where the applicant did not make application prior to his OR HER need for said medical benefits. Adequate safeguards shall be established by the state department to insure that only eligible persons receive benefits under this article.

SECTION 37.  26­5­103, Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­5­103.  Coordination with other programs. The program of child welfare services established pursuant to this article shall be coordinated with other social services and assistance payments programs for children of this state and shall be rendered in complement of, and not in duplication of or contrary to, legal processes provided by the "Colorado Children's Code" and services rendered under any public assistance law or other law for the benefit of children, including aid to families with dependent children THE NEW OPPORTUNITY FOR WORK PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF THIS TITLE.

SECTION 38.  26­5.3­103 (1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­5.3­103.  Definitions. As used in this article, unless the context otherwise requires:

(1)  "AFDC" means the federal "Aid to Families with Dependent Children Program".

SECTION 39.  26­12­304 (1), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:

26­12­304.  Vacancies ­ additional admissions. (1)  In the event that vacancies occur in the center and there are no applications for admission from persons eligible under section 26­12­303, the center shall be open for temporary occupancy in accordance with the rules and regulations of the state board to all persons, male or female, who are citizens of the state of Colorado and who are receiving categorical assistance under programs supervised and controlled by the state department. with the exception of recipients of aid to families with dependent children under this title. Recipients of said categorical assistance shall be eligible for occupancy in the center without meeting any further requirements; except that they shall be ambulatory, physically and mentally able to care for themselves upon being admitted to the center, and financially able, with said categorical assistance, to pay the sum determined applicable by rules and regulations of the state board promulgated pursuant to section 26­12­305.

SECTION 40.  30­11­107 (1) (v), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:

30­11­107.  Powers of the board. (1)  The board of county commissioners of each county has power at any meeting:

(v)  To provide a job diversion program directing persons making application for or receiving aid to families with dependent children ASSISTANCE UNDER THE NEW OPPORTUNITY FOR WORK PROGRAM CREATED IN PART 7 OF ARTICLE 2 OF TITLE 26, C.R.S., into bona fide public or private sector employment;

SECTION 41.  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.