First Regular Session

Sixty-first General Assembly

LLS NO. 97­0391.01 MN SENATE BILL 97­116

STATE OF COLORADO

BY SENATOR Matsunaka;

also REPRESENTATIVE Romero.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE IMPLEMENTATION OF WELFARE REFORM, AND, IN CONNECTION THEREWITH, ESTABLISHING POLICIES RELATING TO THE FUNDING THEREOF AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

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

Enacts measures for the financing of the new program that replaces aid to families with dependent children (AFDC) and related programs. The following numbers refer to sections of the new law:

701. Legislative declaration. States that, with the passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", the state has the opportunity to develop successor programs to AFDC, JOBS, and the Title IV­A emergency assistance program. Declares that the primary purpose of the statutory part is to establish a funding mechanism for state and county governments to provide a safety net for needy families while assisting them to become job ready.

702. Definitions. Defines relevant terms.

703. State TANF program. Requires the state department of human services to promulgate rules to implement the federal law.

704. Maintenance of effort. States that the state department and each board of county commissioners are responsible for:

• Maintaining spending levels on the state TANF program at an amount equal to or greater than combined expenditures for fiscal year 1993­94 for AFDC, Title IV­A emergency assistance, JOBS, and Title IV­A child care;

• Maintaining state and county expenditures for the Colorado child care assistance program at the fiscal year 1996­97 level.

705. Entitlement. Indicates that no person or family is entitled to any benefit or service of the state TANF program. Requires the state board of human services and each board of county commissioners to take actions consistent with state and federal law to keep the rate of expenditures for the state TANF program and for county services within available appropriations or funds.

706. Use and allocation of funds. Delineates the manner in which state TANF program funds are to be expended.

707. Allocation of funds to the boards of county commissioners. Indicates that the state department shall determine the annual allocation for each county's discretionary fund and for each county's maintenance of effort requirements.

708. Performance contracts. Requires the state department to enter into a performance contract with each board of county commissioners to assure the availability of the state TANF program and administration in accordance with state and federal law.

709. Contracts. Authorizes a board of county commissioners, or the county department if so delegated, to contract for any service or administrative function related to the state TANF program.

710. Transfer of funds. Authorizes the state department to transfer funds from the TANF program to the child care and development block grant and to the Title XX social services block grant to be used for specified purposes.

711. Roll forward of funds. Allows federal funds for the state TANF program that were appropriated but not expended to be rolled forward and spent in subsequent fiscal years.

712. Reductions in federal funds due to penalties or other causes. Indicates that the state department shall allocate reductions in federal funds as appropriate and resulting increases in state and local funds as appropriate.

713. Administrative costs. Requires the state department to determine in each performance contract allowable administrative costs for the state TANF program in each county.

714. Rules. Authorizes the state board to promulgate rules necessary for implementation and administration of the statutory provisions concerning funding for the state TANF program.

Makes conforming amendments.

Makes an appropriation.

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.  Legislative declaration. (1)  THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(a)  PASSAGE OF THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193, GIVES THE STATE AN OPPORTUNITY TO DEVELOP SUCCESSOR PROGRAMS TO THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM, THE JOB OPPORTUNITY AND BASIC SKILLS TRAINING PROGRAM, AND THE TITLE IV­A EMERGENCY ASSISTANCE PROGRAM FOR CHILDREN;

(b)  SINCE NATIONAL CENSUS DATA REVEAL THAT GOVERNMENT SAFETY NET PROGRAMS SUCH AS FOOD STAMPS, SUBSIDIZED HOUSING AND HOUSING ASSISTANCE, SCHOOL LUNCH PROGRAMS, AND EARNED INCOME TAX CREDITS PREVENTED TWENTY­SEVEN MILLION PEOPLE FROM FALLING INTO POVERTY IN 1995, AND SINCE SECURING AND MAINTAINING EMPLOYMENT IS THE BEST WAY TO ACHIEVE LONG­TERM ECONOMIC SELF­SUFFICIENCY, THE PRIMARY PURPOSE OF THIS PART 7 IS TO ESTABLISH A FUNDING MECHANISM FOR STATE AND COUNTY GOVERNMENTS TO ENSURE A BASIC FINANCIAL SAFETY NET FOR NEEDY FAMILIES WHILE ASSISTING THOSE FAMILIES TO BECOME JOB READY.

(2)  THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT IT NEEDS TO ESTABLISH A FUNDING PROCESS, WITHIN THE FRAMEWORK OF RELATED STATE LAWS CONCERNING THE ADMINISTRATION AND IMPLEMENTATION OF OTHER PUBLIC ASSISTANCE PROGRAMS, FOR THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM THAT REFLECTS THE FOLLOWING POLICIES AND GOALS:

(a)  TO MAINTAIN OVERSIGHT AND CONTROL OF SPENDING FOR THE PROGRAM AND TO PREVENT IMPOSITION OF UNFUNDED STATE AND FEDERAL MANDATES ON THE COUNTIES;

(b)  TO END THE INDIVIDUAL ENTITLEMENT TO SERVICES OR BENEFITS UNDER THE PROGRAM AND TO TAKE ADVANTAGE OF THE UNIQUE OPPORTUNITY THE STATE AND COUNTIES HAVE TO DEVELOP ALTERNATIVES TO PUBLIC ASSISTANCE PROGRAMS THAT HAVE HISTORICALLY BEEN ENTITLEMENT PROGRAMS;

(c)  TO REPLACE THE CURRENT FUNDING PROCESS FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM, THE JOB OPPORTUNITY AND BASIC SKILLS TRAINING PROGRAM, THE TITLE IV­A EMERGENCY ASSISTANCE PROGRAM, AND THE AT­RISK CHILD CARE, TRANSITIONAL CHILD CARE, AND JOBS CHILD CARE PROGRAMS WITH A NEW FUNDING PROCESS BASED UPON STATE AND COUNTY MAINTENANCE OF EFFORT REQUIREMENTS; AND

(d)  TO REQUIRE THE STATE AND COUNTIES TO MAINTAIN A MINIMUM MAINTENANCE OF EFFORT AT ONE HUNDRED PERCENT OF CERTAIN HISTORIC SPENDING LEVELS.

(3)  THEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE FUNDING POLICIES FOR THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM SET FORTH IN THIS PART 7 ARE SPECIFICALLY DESIGNED TO MOVE RECIPIENTS FROM DEPENDENCY TO SELF­SUFFICIENCY.

26­2­702.  Definitions. AS USED IN THIS PART 7, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AFDC" MEANS THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM IMPLEMENTED PURSUANT TO STATE AND FEDERAL LAW, AS THAT PROGRAM WAS IN EFFECT ON JUNE 30, 1997.

(2)  "CHILD CARE AND DEVELOPMENT FUND" MEANS CHILD CARE PROVISIONS UNDER TITLE VI OF THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193.

(3)  "COLORADO CHILD CARE ASSISTANCE PROGRAM" MEANS EMPLOYMENT­RELATED CHILD CARE FOR LOW­INCOME AND PUBLIC ASSISTANCE FAMILIES THAT ARE EMPLOYED OR IN TRAINING PROGRAMS.

(4)  "COUNTY DISCRETIONARY FUND" MEANS THE FUND ALLOCATED TO THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 26­2­707.

(5)  "JOBS" MEANS THE JOB OPPORTUNITY AND BASIC SKILLS TRAINING PROGRAM IMPLEMENTED PURSUANT TO STATE AND FEDERAL LAW, AS THAT PROGRAM WAS IN EFFECT ON JUNE 30, 1997.

(6)  "TANF" MEANS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.

(7)  "TANF PROGRAM" OR "STATE TANF PROGRAM" MEANS THE SUCCESSOR STATE PROGRAM OR PROGRAMS TO THE AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM, THE JOB OPPORTUNITY AND BASIC SKILLS TRAINING PROGRAM, AND THE TITLE IV­A EMERGENCY ASSISTANCE PROGRAM THAT IS INTENDED TO PROVIDE TEMPORARY ASSISTANCE TO NEEDY FAMILIES FUNDED BY BLOCK GRANTS PURSUANT TO THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193.

(8)  "TITLE IV­A CHILD CARE" MEANS THE AT­RISK, THE TRANSITIONAL, AND THE JOBS CHILD CARE PROGRAMS IMPLEMENTED PURSUANT TO FEDERAL LAW AS THE PROGRAMS WERE IN EFFECT ON SEPTEMBER 30, 1996.

(9)  "TITLE IV­A EMERGENCY ASSISTANCE" MEANS THE EMERGENCY ASSISTANCE PROGRAM IMPLEMENTED PURSUANT TO FEDERAL LAW AND SECTIONS 26­2­122.5 AND 26­5.3­103, AS THAT PROGRAM EXISTED ON JUNE 30, 1997.

(10)  "TITLE XX SOCIAL SERVICES BLOCK GRANT" MEANS FUNDS AVAILABLE TO THE STATE PURSUANT TO TITLE XX OF THE "SOCIAL SECURITY ACT".

26­2­703.  State TANF program. THE STATE DEPARTMENT SHALL PROMULGATE RULES TO IMPLEMENT A PROGRAM OF TEMPORARY ASSISTANCE TO NEEDY FAMILIES PURSUANT TO THE PROVISIONS OF THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193.

26­2­704.  Maintenance of effort. (1)  IN RECOGNITION OF THE FACT THAT SIGNIFICANT EFFORT WILL BE REQUIRED OF ALL PUBLIC AND PRIVATE ENTITIES INVOLVED IN THE IMPLEMENTATION OF COLORADO'S TANF PROGRAM IN ORDER TO PROVIDE THE NECESSARY TRAINING AND SUPPORT SERVICES TO MOVE FAMILIES TO SELF­SUFFICIENCY WITHIN THE TWO­YEAR AND FIVE­YEAR TIME LIMITS AND TO ASSURE COLORADO'S ELIGIBILITY FOR FEDERAL DISCRETIONARY FUNDING, THE STATE AND THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY SHALL BE RESPONSIBLE FOR MAINTAINING LEVELS OF SPENDING ON THE STATE TANF PROGRAM THAT MEET OR EXCEED ONE HUNDRED PERCENT OF THEIR COMBINED EXPENDITURES FOR FEDERAL FISCAL YEAR 1993­94 FOR AFDC, TITLE IV­A EMERGENCY ASSISTANCE, JOBS, AND TITLE IV­A CHILD CARE.

(2)  IN RECOGNITION OF THE IMPORTANCE OF CHILD CARE TO THE SUCCESSFUL IMPLEMENTATION OF THE STATE TANF PROGRAM, THE STATE DEPARTMENT AND THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY SHALL BE RESPONSIBLE FOR MAINTAINING STATE AND COUNTY EXPENDITURES FOR THE COLORADO CHILD CARE ASSISTANCE PROGRAM THAT MEET OR EXCEED THE AMOUNTS APPROPRIATED FOR STATE FISCAL YEAR 1996­97.

26­2­705.  Entitlement. (1)  NOTHING IN THIS PART 7 SHALL BE INTERPRETED TO IMPLY THAT ANY PERSON OR FAMILY IS ENTITLED TO ANY BENEFIT OR SERVICE PROVIDED PURSUANT TO THE STATE TANF PROGRAM.

(2)  THE STATE BOARD SHALL TAKE ACTIONS CONSISTENT WITH STATE AND FEDERAL LAW TO KEEP THE RATE OF ALL EXPENDITURES FOR THE STATE TANF PROGRAM WITHIN AVAILABLE APPROPRIATIONS. SUCH ACTIONS MAY INCLUDE BUT ARE NOT LIMITED TO CHANGING ELIGIBILITY REQUIREMENTS, CHANGING AVAILABLE BENEFITS OR SERVICES, CHANGING BENEFIT AMOUNTS, AND ESTABLISHING WAITING LISTS.

(3)  A BOARD OF COUNTY COMMISSIONERS MAY TAKE ACTIONS CONSISTENT WITH STATE AND FEDERAL LAW TO KEEP THE RATE OF EXPENDITURES FOR COUNTY SERVICES WITHIN AVAILABLE FUNDS. SUCH ACTIONS MAY INCLUDE BUT ARE NOT LIMITED TO CHANGING AVAILABLE BENEFITS OR SERVICES AND ESTABLISHING WAITING LISTS FOR COUNTY OPTIONAL SERVICES.

(4)  ACTIONS TAKEN BY THE STATE BOARD OR A BOARD OF COUNTY COMMISSIONERS UNDER THIS SECTION MUST BE BASED UPON FAIR AND OBJECTIVE CRITERIA.

26­2­706.  Use and allocation of funds. (1)  FOR STATE FISCAL YEAR 1997­98, FUNDS APPROPRIATED TO THE STATE DEPARTMENT FOR THE IMPLEMENTATION OF THE STATE TANF PROGRAM SHALL BE EXPENDED FOR THE FOLLOWING PURPOSES:

(a)  CASH ASSISTANCE TO NEEDY FAMILIES THAT SHALL BE ADMINISTERED ON A STATEWIDE BASIS PURSUANT TO RULES PROMULGATED BY THE STATE BOARD;

(b)  COUNTY DISCRETIONARY FUNDS ALLOCATED BY THE STATE DEPARTMENT TO THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY PURSUANT TO SUBSECTION (3) OF THIS SECTION;

(c)  OPERATIONS OF THE STATE DEPARTMENT, INCLUDING:

(I)  STATEWIDE TRAINING;

(II)  STATE DEPARTMENT FUNCTIONS NECESSARY FOR THE OPERATION OF THE STATE TANF PROGRAM; AND

(III)  AUTOMATED SUPPORT SYSTEMS;

(d)  EMERGENCY ENERGY ASSISTANCE THROUGH THE LOW­INCOME ENERGY ASSISTANCE PROGRAM PURSUANT TO SECTION 26­2­122.5 AND EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT­OF­HOME PLACEMENT PURSUANT TO ARTICLE 5.3 OF THIS TITLE.

(2)  FOR STATE FISCAL YEAR 1998­99 AND EACH STATE FISCAL YEAR THEREAFTER, THE STATE DEPARTMENT SHALL, AS PART OF ITS ANNUAL BUDGET PROCESS, MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR APPROPRIATIONS FOR THE PURPOSES IDENTIFIED IN SUBSECTION (1) OF THIS SECTION.

(3)  THE STATE DEPARTMENT SHALL ALLOCATE THE COUNTY DISCRETIONARY FUNDS TO THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY BASED UPON FAIR AND OBJECTIVE CRITERIA.

(4)  THE STATE DEPARTMENT IS AUTHORIZED TO ALLOCATE EXPENDITURES OF THE TANF PROGRAM TO FEDERAL FUNDS OR TO STATE AND COUNTY MAINTENANCE OF EFFORT FUNDS IN ORDER TO MAXIMIZE THE USE OF FEDERAL FUNDS, TO REDUCE STATE COSTS, TO ASSURE THAT MAINTENANCE OF EFFORT REQUIREMENTS ARE MET, AND TO REDUCE THE RISK OF FEDERAL PENALTIES.

26­2­707.  Allocation of funds to the boards of county commissioners. (1)  THE STATE DEPARTMENT SHALL DETERMINE THE ANNUAL ALLOCATION FOR EACH COUNTY'S COUNTY DISCRETIONARY FUND BASED UPON FAIR AND OBJECTIVE CRITERIA.

(2)  THE STATE DEPARTMENT SHALL DETERMINE THE ANNUAL ALLOCATION FOR EACH COUNTY'S MAINTENANCE OF EFFORT REQUIREMENTS FOR THE STATE TANF PROGRAM AND THE COLORADO CHILD CARE PROGRAM BASED UPON FAIR AND OBJECTIVE CRITERIA.

26­2­708.  Performance contracts. (1)  THE STATE DEPARTMENT SHALL ENTER INTO A PERFORMANCE CONTRACT WITH EACH BOARD OF COUNTY COMMISSIONERS TO ASSURE THAT THE STATE TANF PROGRAM IS AVAILABLE IN ALL JURISDICTIONS IN THE STATE AND IS ADMINISTERED IN ACCORDANCE WITH FEDERAL AND STATE LAWS AND REGULATIONS.

(2)  IN THE EVENT THAT A BOARD OF COUNTY COMMISSIONERS DOES NOT ENTER INTO A PERFORMANCE CONTRACT, THE DEPARTMENT MAY OPERATE, OR DESIGNATE AN AGENT TO OPERATE, THE STATE TANF PROGRAM IN THAT COUNTY. ANY FEDERAL OR STATE FUNDS ALLOCATED TO THAT COUNTY SHALL BE DIRECTED TO THE AGENCY OR AGENCIES RESPONSIBLE FOR OPERATION OF THE STATE TANF PROGRAM IN THAT COUNTY.

(3)  FAILURE TO ENTER INTO A CONTRACT PURSUANT TO THIS SECTION SHALL NOT RELIEVE THE COUNTY FROM THE OBLIGATION TO MEET MAINTENANCE OF EFFORT REQUIREMENTS.

26­2­709.  Contracts. A BOARD OF COUNTY COMMISSIONERS MAY DELEGATE AUTHORITY TO THE COUNTY DEPARTMENT OR MAY CONTRACT WITH ANY OTHER PUBLIC AGENCY OR ANY PRIVATE OR NONPROFIT ORGANIZATION FOR ANY SERVICE OR ADMINISTRATIVE FUNCTION RELATED TO THE STATE TANF PROGRAM PURSUANT TO FEDERAL AND STATE STATUTES AND REGULATIONS.

26­2­710.  Transfer of funds. (1)  THE STATE DEPARTMENT MAY PROPOSE TRANSFERS OF FUNDS FROM THE TANF PROGRAM TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT AND TO THE TITLE XX SOCIAL SERVICES BLOCK GRANT AND SHALL REPORT ANY SUCH TRANSFERS IN ITS ANNUAL BUDGET REQUEST.

(2)  THE STATE DEPARTMENT SHALL ASSURE THAT FUNDS TRANSFERRED TO THE TITLE XX SOCIAL SERVICES BLOCK GRANT SHALL BE USED FOR FAMILIES WITH INCOMES BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND AS ALLOWED BY FEDERAL LAW.

(3)  THE STATE DEPARTMENT SHALL HAVE THE AUTHORITY TO USE FUNDS APPROPRIATED FOR THE PURPOSES SET FORTH IN SECTION 26­2­706 (1) (a) AND (1) (c) FOR THE PURPOSES STATED IN SECTION 26­2­706 (1) (b).

26­2­711.  Roll forward of funds. (1)  EFFICIENT OPERATION OF THE TANF PROGRAM SHALL BE ENCOURAGED BY ALLOWING FEDERAL FUNDS APPROPRIATED FOR THE STATE TANF PROGRAM BUT NOT EXPENDED TO BE ROLLED FORWARD AND SPENT IN SUBSEQUENT FISCAL YEARS.

(2)  EACH BOARD OF COUNTY COMMISSIONERS SHALL BE AUTHORIZED TO ROLL FORWARD UNEXPENDED FEDERAL FUNDS THAT WERE ALLOCATED FOR THE COUNTY'S DISCRETIONARY FUND TO BE SPENT IN SUBSEQUENT FISCAL YEARS.

26­2­712.  Reductions in federal funds due to penalties or other causes. (1)  THE STATE DEPARTMENT SHALL ALLOCATE ANY REDUCTIONS IN FEDERAL FUNDS DUE TO PENALTIES OR OTHER CAUSES TO STATE OR COUNTY AGENCIES, AS APPROPRIATE.

(2)  IF THE REDUCTION IN FEDERAL FUNDS RESULTS IN A REQUIREMENT TO INCREASE STATE AND LOCAL FUNDS, THE STATE DEPARTMENT SHALL ALLOCATE SUCH INCREASES TO THE STATE OR LOCAL AGENCY RESPONSIBLE FOR SUCH REQUIRED INCREASE, AS APPROPRIATE.

26­2­713.  Administrative costs. THE STATE DEPARTMENT SHALL IDENTIFY THE AMOUNT OF ALLOWABLE ADMINISTRATIVE COSTS FOR THE STATE TANF PROGRAM FOR EACH COUNTY IN THE COUNTY'S PERFORMANCE CONTRACT THAT SHALL BE BASED UPON FAIR AND OBJECTIVE CRITERIA. ADMINISTRATIVE COSTS SHALL BE ALLOCATED AMONG THE STATE AND THE COUNTIES IN ACCORDANCE WITH FAIR AND OBJECTIVE CRITERIA.

26­2­714.  Rules. THE STATE BOARD IS AUTHORIZED TO PROMULGATE RULES NECESSARY TO IMPLEMENT AND ADMINISTER THIS PART 7.

SECTION 2.  26­1­111, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­1­111.  Activities of the state department under the supervision of the executive director. (1)  The state department, under the supervision of the executive director, is charged with the administration or supervision of all the public assistance and welfare activities of the state, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging and for veterans, which activities as enumerated are declared to be state as well as county purposes.

(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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM, 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;

(b)  Administer or supervise the establishment, extension, and strengthening of child welfare services and other social services in cooperation with the federal department of health, education, and welfare and other state or federal agencies;

(c)  Administer the establishment, extension, and strengthening of rehabilitation programs and services, programs and services for the aging, and veterans' affairs activities in cooperation with the federal department of health, education, and welfare and other state or federal agencies;

(d) (I)  Provide services to county governments including the organization and supervision of county departments for the effective administration of public assistance and welfare functions as set out in the rules of the executive director and the rules of the state board pursuant to section 26­1­107 as to program scope and content, including assistance payments, food stamps, and social services, and compilation of statistics and necessary information relative to assistance payments, food stamps, social services, child welfare services, including out­of­home placement services, rehabilitation, programs for the aging, and veterans' programs throughout the state, and obtaining federal reimbursement moneys available under the Title IV­E program created under the federal "Social Security Act", as amended, based on out­of­home placements and alternative care treatment by county departments of children eligible for Title IV­E federal assistance, which moneys shall be allocated to counties to help defray the costs of performing its functions; except that nothing in this paragraph (d) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government.

(II) (A)  For the fiscal year beginning July 1, 1991, the state department shall pay to each county an amount equal to all federal earnings paid to the state pursuant to Title IV­E of the federal "Social Security Act", as amended, which exceed the amount necessary to fully fund program, training, and administrative costs that are reimbursed under Title IV­E for eligible services for the fiscal year beginning July 1, 1990, plus an amount necessary to fully fund the state foster care review program for the fiscal year beginning July 1, 1991.

(B)  For each fiscal year after the fiscal year beginning July 1, 1991, the amount set aside from federal earnings paid to the state in accordance with sub­subparagraph (A) of this subparagraph (II) to fully fund Title IV­E eligible services and the costs of the state foster care review program shall be adjusted annually by the general assembly to reflect rate changes, workload, federal financial participation, and any other factor determined as necessary to maintain a comparable level of said services and costs as for the respective fiscal years described in sub­subparagraph (A) of this subparagraph (II).

(C)  After the amounts described in sub­subparagraph (A) or (B) of this subparagraph (II) are set aside, the total amount of moneys available for counties pursuant to this subparagraph (II) shall be distributed to each county in proportion to the Title IV­E eligible caseload in the county. The moneys so distributed shall be expended for child welfare services directed toward early intervention, placement prevention, and family preservation.

(e)  Prescribe the form of blanks necessary for applications, reports, affidavits, and such other forms as it may deem necessary and advisable;

(f)  Designate child placement agencies licensed pursuant to article 6 of this title or county departments to act as agents of the state department for the purpose of authorizing child care placement as set forth in section 26­1­107 (6) (e) and county departments to serve as agents of the state department in the performance of certain public assistance and welfare and related activities in the county;

(g)  Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this title;

(h)  Act as the agent of the federal government in public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging, in matters of mutual concern in conformity with this title and in the administration of any federal funds granted to the state to aid in the furtherance of any functions of the state department;

(i)  Administer such additional public assistance and welfare activities and functions as may be vested in it pursuant to law;

(j) and (k)  (Deleted by amendment, L. 93, p. 1111, ' 24, effective July 1, 1994.)

(l)  Repealed.

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

(n) and (o)  (Deleted by amendment, L. 93, p. 1111, ' 24, effective July 1, 1994.)

(p)  Carry out the duties prescribed in article 11.7 of title 16, C.R.S.;

(q)  Promulgate rules in accordance with section 19­3­308 (1), C.R.S., for determining the risk of harm to a child who is the subject of a child abuse and neglect report setting forth the appropriate response by the county departments to such risks;

(r)  Adopt standards for conducting videotaped child abuse interviews in accordance with section 19­3­308.5 (1) (e), C.R.S.;

(s)  Promulgate rules in accordance with section 19­3­211, C.R.S., for establishing a conflict resolution process for resolving grievances against the county departments concerning responses to reports of child abuse and neglect and the performance of duties pursuant to article 3 of title 19, C.R.S. Such rules shall take into account and allow for any subsequent locally developed grievance procedures that apply to a locally restructured human services system to ensure consistency within the system.

(3)  (Deleted by amendment, L. 93, p. 1111, ' 24, effective July 1, 1994.)

(4) (a)  The state department shall establish a statewide adoption resource registry which shall serve authorized or licensed child placement agencies, including, but not limited to, any agency, official, or court of the state or any of its political subdivisions authorized to place children and any other organizations or individuals whose purpose is to seek or assist in the adoptive placement of children who are listed or who may be listed in the adoption resource registry. As a means of recruiting adoptive families for children who have been legally freed for adoption by the termination of all parent­child legal relationships, including residual parental rights and responsibilities, and who are waiting for adoption in this state, such agencies and other organizations and individuals whose purpose is to seek or assist in the adoption of waiting children shall utilize any appropriate means to publicize the availability of such children. The statewide adoption resource registry shall include the age, sex, race or ethnic background of each child, a photograph of the child, and the child's social and medical history, psychological and emotional status, and known physical and mental impairments. It may also include any special services a child may need and physical descriptions, educational backgrounds, and known medical and emotional conditions of the child's parents and other relatives which may have developmental significance to the child. The statewide adoption resource registry shall be updated monthly.

(b)  (Deleted by amendment, L. 93, p. 1111, ' 24, effective July 1, 1994.)

(c)  Unless otherwise exempted pursuant to rules adopted by the state board, each authorized or licensed child placement agency shall refer to the statewide adoption resource registry within ninety days of the termination of the parent­child legal relationship the name and a photograph and description of each child in its care, as required by regulations of the state board, who has been legally freed for adoption by the termination of the parent­child legal relationship and for whom no adoptive home has been found. The state board, in accordance with section 26­1­107 (6) (f), shall establish criteria by which an authorized or licensed child placement agency may determine that a child need not be listed with the registry. Such a child's name shall be forwarded to the state department by the authorized or licensed child placement agency, with reference to the specific reason for which the child was not placed with the registry. The state board shall establish procedures for periodic review of the status of such children in accordance with section 26­1­107 (6) (f). If the state department, in accordance with the criteria established by the state board, determines that adoption would be appropriate for a child not placed with the registry, the agency shall forthwith list the child. Each authorized or licensed child placement agency may voluntarily refer any child who has been legally freed for adoption.

(d)  Expenditures by a county department for the care and maintenance of a child who has not been referred to the statewide adoption resource registry in accordance with the requirements of this section shall not be subject to state reimbursement.

(5)  The state department, through the division of alcohol and drug abuse, shall administer alcohol and drug abuse programs set forth in parts 2, 3, and 11 of article 1 of title 25, C.R.S., and applicable provisions of article 22 of title 12, C.R.S.

(6)  The state department shall cooperate with the department of health care policy and financing in administering the delivery of medical assistance by county departments of social services or any other public or private entities participating in the delivery of medical assistance pursuant to article 4 of this title.

SECTION 3.  26­1­121, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­1­121.  Appropriations. (1) (a)  For carrying out the duties and obligations of the state department of human services, the state department of health care policy and financing, and county departments under the provisions of this title and for matching such federal funds as may be available for public assistance and welfare activities in the state, including but not limited to assistance payments, food stamps (except the value of food stamp coupons), social services, medical assistance, child welfare services, rehabilitation, programs for the aging and for veterans, and related activities, the general assembly, in accordance with the constitution and laws of the state of Colorado, shall make adequate appropriations for the payment of such costs, pursuant to the budget prepared by the respective executive director.

(b)  Subject to the provisions of section 26­1­109 (2), if the federal law shall provide federal funds, in cash or in another form such as food stamps, for public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, medical assistance, and child welfare services, not otherwise provided for in this title, the appropriate state department is authorized to make such payments or offer such services in accordance with the requirements accompanying said federal funds within the limits of available state appropriations.

(c)  When the executive director determines that adequate appropriations for the payment of the costs described in paragraph (a) of this subsection (1) have not been made and that an overexpenditure of an appropriation will occur based upon the state department's estimates, the state board may take actions consistent with state and federal law to bring the rate of expenditure into line with available funds. The general assembly declares that, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, case load and utilization based on medical necessity are legitimate reasons for supplemental funding.

(2)  There shall be appropriated by the general assembly from the general fund for the costs of administering the assistance payments, food stamps, social services, and other public assistance and welfare functions of the state department and the state's share of the costs of administering such functions by the county departments amounts sufficient for the proper and efficient performance of the duties imposed upon them by law, including a legal advisor appointed by the attorney general AND THE STATE'S MAINTENANCE OF EFFORT FOR THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM. The general assembly shall make two separate appropriations, one for the administrative costs of the state department and another for the administrative costs of the county departments. Any applicable matching federal funds shall be apportioned in accordance with the federal regulations accompanying such funds. Any unobligated and unexpended balances of such state funds so appropriated remaining at the end of each fiscal year shall be credited to the state general fund.

(3)  The expenses of training personnel for special skills relating to public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, medical assistance, child welfare services, rehabilitation, and programs for the aging, as such expenses shall be determined and approved by the appropriate state department, may be paid from whatever state and federal funds are available for such training purposes.

SECTION 4.  26­1­122, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­1­122.  County appropriations and expenditures ­ advancements ­ procedures. (1) (a)  Except as provided in SUBSECTION (6) OF THIS SECTION AND section 26­1­122.5, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as shall be necessary to defray the county department's twenty percent share of the overall cost of providing the assistance payments, food stamps (except the value of food stamp coupons), and social services activities delivered in the county, including the costs allocated to the administration of each, and shall include in the tax levy for such county the sums appropriated for that purpose. Such appropriation shall be based upon the county social services budget prepared by the county department pursuant to section 26­1­124, after taking into account state advancements provided for in this section.

(b)  In the case of a district department, each county forming a part of said district shall appropriate the funds necessary to defray its proportionate share of the costs of assistance payments, food stamps (except the value of food stamp coupons), and social services activities of such individual county based on the ratio set out in paragraph (a) of this subsection (1).

(c)  Additional funds shall be made available by the board of county commissioners if the county funds so appropriated prove insufficient to defray the county department's twenty percent share of actual costs for assistance payments, food stamps (except the value of food stamp coupons), and social services activities, including the administrative costs of each.

(d)  Under no circumstances shall any county expend county funds in an amount to exceed its twenty percent share of actual costs for assistance payments, food stamps (except the value of food stamp coupons), and social services activities, including the administrative costs of each, except as provided in paragraph (i) of subsection (4) of this section.

(2) (a)  The county boards, in accordance with the rules and regulations of the state department, shall file requests with the state department for advancement of funds for the program costs of assistance payments, food stamps (except the value of food stamp coupons), and social services and for the administrative costs of each. The state department shall determine the requirements of each county for such program costs and administrative costs, taking into consideration available funds and all pertinent facts and circumstances, and shall certify by voucher to the controller the amounts to be paid to each county. The amounts so certified shall be paid from the state treasury upon voucher of the state department and warrant of the controller and shall be credited by the county treasurer to the county social services fund in accordance with the law and rules of the state department.

(b)  For purposes of operating the electronic benefits transfer service as authorized in section 26­2­104 once the service has been fully developed and implemented in any county, the state department shall determine the program costs and administrative costs related to assistance payments and food stamps for each county. Upon implementation of the electronic benefits transfer service in any county, the county share of the program and administrative costs shall either be billed to the county or deducted from appropriate advances to the county. The cost of administering the electronic benefits transfer service shall not exceed the proportional cost per client that would have been paid by counties to issue benefits through the nonelectronic benefits system for the same fiscal year. Any savings that result from the use of the electronic benefits transfer service shall be shared among the state and local governments in proportion to such entities' contribution to the electronic benefits transfer service.

(3) (a)  County departments shall keep such records and accounts in relation to the costs of administering assistance payments, the costs of administering food stamps, and the costs of administering social services as the state department shall prescribe by rules and regulations. All administrative costs shall be allocated, under rules of the state department, to either the performance of assistance payments functions, the performance of food stamp functions, or the performance of social services functions.

(b)  Except as provided in SUBSECTION (6) OF THIS SECTION AND section 26­1­122.5, if the county departments are administered in accordance with the policies and rules of the state department for the administration of county departments, eighty percent of the costs of administering assistance payments, food stamps, and social services in the county departments shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose, upon authorization of the state department, but in no event shall the state department authorize expenditures greater than the annual appropriation by the general assembly for the state's share of such administrative costs of the county departments. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.

(c)  For purposes of this article, EXCEPT AS OTHERWISE PROVIDED IN SECTION 26­2­713, under rules of the state department, administrative costs shall include: Salaries of the county director and employees of the county department staff engaged in the performance of assistance payments, food stamps, and social services activities; the county's payments on behalf of such employees for old age and survivors' insurance or pursuant to a county officers' and employees' retirement plan and for any health insurance plan, if approved by the state department; the necessary travel expenses of the county board and the administrative staff of the county department in the performance of their duties; necessary telephone and telegraph; necessary equipment and supplies; necessary payments for postage and printing, including the printing and preparation of county warrants required for the administration of the county department; and such other administrative costs as may be approved by the state department; but advancements for office space, utilities, and fixtures may be made from state funds only if federal matching funds are available.

(4) (a)  County departments shall keep such records and accounts in relation to assistance payments program costs and social services program costs as the state department shall prescribe by rules and regulations. All program costs shall be allocated, under rules of the state department, to either assistance payments or social services.

(b)  Except as provided in paragraph (d) of this subsection (4) AND SUBSECTION (6) OF THIS SECTION, eighty percent of the amount expended for assistance payments program costs and social services program costs or the amount equal to the state's share of the amount expended as determined pursuant to section 26­1­122.5 OR PART 7 OF ARTICLE 2 OF THIS TITLE shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose upon authorization of the state department pursuant to the provisions of this title. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.

(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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM, 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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES program, for aid to families with dependent children, 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.

(e)  When a county department provides or purchases certain specialized social services for public assistance applicants, recipients, or others to accomplish self­support, self­care, or better family life, including but not limited to day care, homemaker services, foster care, and services to mentally retarded persons, in accordance with applicable rules, the state may advance funds to such county department at a rate in excess of eighty percent within available appropriations, but not to exceed the amount expended by the county department for such services. The county department contribution shall be for the period from January 1, 1981, through June 30, 1981, ten percent, and beginning July 1, 1981, five percent for the aid to the needy disabled home care program, the special needs of the disabled program, aid to the blind home care program, the special needs of the blind program, the adult foster care program, and other programs providing public assistance in the form of social services required by the federal "Social Security Act", as amended, for the purpose of establishing services which promote self­sufficiency for adult clients. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes. The expenses of training personnel to provide these services as determined and approved by the state department shall be paid from whatever state and federal funds are available for such training purposes.

(f)  County departments shall provide or contract to provide a central information and referral service for all available services in the county which may prevent or reduce inappropriate institutional care through the use of community­based or home­based care.

(g)  The state department is authorized to provide not more than ten additional homemaker positions to be located in Adams, Larimer, Garfield, Otero, and Morgan counties. Reimbursement to each county for one hundred percent homemaker costs shall be based on a minimum case load of ten clients per reimbursed position which clients are currently in or would be admitted to skilled or intermediate care facilities or hospitals and who would not otherwise be served by current county staffing. Reports shall be provided monthly to the joint budget committee.

(h)  Notwithstanding any other provision of this article, the county department may spend in excess of the applicable county department share of actual costs as determined pursuant to subparagraph (II) of paragraph (a) of subsection (1) of this section for the purpose of matching federal funds for the administration of the child support enforcement program or for the administrative costs of activities involving food stamp, public assistance, or medical assistance fraud investigations or prosecutions.

(i)  Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled by reason of the county's expenditures in excess of the twenty percent required by subsection (1) of this section for any social services activity that has been approved by the department as an activity that is eligible for reimbursement under any federal program. Acceptance and expenditure of such federal funds shall in no way affect the state's share of and contribution to such payments, and the county shall be solely responsible for the provision of the nonfederal share that is in excess of the twenty percent.

(5)  If in any fiscal year the annual appropriation by the general assembly for the state's share, together with any available federal funds for any income maintenance or social services program, or the administration of either, is not sufficient to advance to the counties the full applicable state share of costs, said program or the administration thereof shall be temporarily reduced by the state board so that all available state and federal funds shall continue to constitute eighty percent of the costs.

(6) (a)  THE BOARD OF COUNTY COMMISSIONERS IN EACH COUNTY OF THIS STATE SHALL ANNUALLY APPROPRIATE AS PROVIDED BY LAW SUCH FUNDS AS SHALL BE NECESSARY TO DEFRAY THE COUNTY'S MINIMUM MAINTENANCE OF EFFORT REQUIREMENT FOR THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM AS DESCRIBED IN SECTION 26­2­707 AND THE COLORADO CHILD CARE ASSISTANCE PROGRAM AND SHALL INCLUDE IN THE TAX LEVY FOR SUCH COUNTY THE SUMS APPROPRIATED FOR THOSE PURPOSES. THE COUNTY'S MINIMUM MAINTENANCE OF EFFORT REQUIREMENT FOR THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM SHALL BE CONSIDERED PART OF THE COUNTY'S SHARE UNDER SECTION 26­2­122.5 (2).

(b)  ADDITIONAL FUNDS SHALL BE MADE AVAILABLE BY THE BOARD OF COUNTY COMMISSIONERS IF THE COUNTY FUNDS SO APPROPRIATED PROVE INSUFFICIENT TO DEFRAY THE COUNTY'S MAINTENANCE OF EFFORT REQUIREMENTS FOR THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM AND THE COLORADO CHILD CARE ASSISTANCE PROGRAM.

(c)  IF THE BOARD OF COUNTY COMMISSIONERS OPERATES THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM IN ACCORDANCE WITH THE RULES OF THE STATE DEPARTMENT AND THE PERFORMANCE CONTRACT WITH THE BOARD OF COUNTY COMMISSIONERS, A PORTION OF EACH COUNTY'S ANNUAL ALLOCATION OF FUNDS SHALL BE ADVANCED TO THE COUNTY BY THE STATE TREASURER, UPON AUTHORIZATION OF THE STATE DEPARTMENT, BUT IN NO EVENT SHALL THE STATE DEPARTMENT AUTHORIZE EXPENDITURES GREATER THAN THE ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY. AS FUNDS ARE ADVANCED, ADJUSTMENT SHALL BE MADE FROM SUBSEQUENT MONTHLY PAYMENTS FOR THOSE PURPOSES.

SECTION 5.  26­1­126, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­1­126.  County contingency fund ­ creation. (1)  There is hereby created a county contingency fund which shall be expended to supplement county expenditures for public assistance as provided in this section.

(2)  Notwithstanding the provisions of section 26­1­125 (1), and subject to available appropriations, the state department of human services or the state department of health care policy and financing shall make an advancement, in addition to that provided in section 26­1­122, out of the county contingency fund to any county if moneys equivalent to those raised by a levy as determined pursuant to subsection (2.1) of this section on the property valued for assessment in the county are less than twenty percent of the amount expended for administrative costs and program costs of public assistance, medical assistance, and food stamps. THE COUNTY'S OBLIGATION PURSUANT TO SECTION 26­1­122 (1) (a).

(2.1) (a)  If the total valuation for assessment of property in a county changes as of January 1, 1987, commencing on January 1, 1988, the mill levy used to determine eligibility for an advancement from the county contingency fund shall be changed from three mills to the number of mills determined by the following formula: Divide the total valuation for assessment for the calendar year two years preceding of those counties which were entitled to advancements from the county contingency fund for the fiscal year ending June 30 of the preceding year by the total valuation for assessment of those same counties for the preceding calendar year, multiply by three mills, and round the resulting figure to the nearest one­hundredth of a mill.

(b)  For the calendar year beginning January 1, 1989, and for each calendar year thereafter, the mill levy used to determine eligibility for an advancement from the county contingency fund during such calendar year shall be changed to the number of mills determined by the following formula: Divide the total valuation for assessment for the calendar year two years preceding such calendar year of those counties which were entitled to advancements from the county contingency fund during all or part of said second preceding calendar year by the total valuation for assessment of those same counties for the first calendar year preceding such calendar year, multiply the quotient by the number of mills used to determine eligibility for the preceding calendar year, and round the resulting figure to the nearest one­hundredth of a mill.

(3)  Subject to available appropriations, the amount of the additional advancement for each county for each month commencing on or after July 1, 1975, shall be fifty percent of the difference between the following:

(a)  Twenty percent of the monthly amount expended for the purposes named in subsection (2) of this section, minus; THE COUNTY'S OBLIGATION PURSUANT TO SUBSECTION (2) OF THIS SECTION, MINUS;

(b)  The moneys equivalent to those raised by a levy of the number of mills determined pursuant to paragraph (b) of subsection (2.1) of this section on the property valued for assessment in the county divided by twelve.

(4)  In the event appropriations are insufficient to cover advancements provided for in this section, all advancements shall be prorated on the basis of total claims submitted in proportion to funds available. As funds are advanced, any adjustments shall be made from subsequent monthly payments for this purpose.

(5)  Each county eligible for county contingency funds pursuant to this section shall only be responsible for an amount equal to the county's pro rata share of the general assembly's appropriation to the county contingency fund. If state and county appropriations are insufficient to meet the administrative and program costs of public assistance and the administrative costs of medical assistance and food stamps, then the executive director of the department of human services, the executive director of the department of health care policy and financing, and the state board of human services shall act pursuant to sections 26­1­121 (1) (c) and 26­1­122 (5) to reduce the rate of expenditure so that it matches the available funds.

SECTION 6.  26­2­103, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

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

(1)  "Applicant" means any individual or family who individually or through a designated representative or someone acting responsibly for him THE APPLICANT has applied for benefits under the programs of public assistance administered or supervised by the state department pursuant to the provisions of this article.

(1.5)  Repealed.

(2)  "Assistance payments" means financial assistance (other than medical assistance covered by the "Colorado Medical Assistance Act") provided pursuant to rules and regulations adopted by the state department and includes pensions, grants, and other money payments to or on behalf of recipients.

(3)  "Blind" means any individual who has not more than ten percent visual acuity in the better eye with correction, or not more than 20/200 central visual acuity in the better eye with correction, or a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.

(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 THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES program DESCRIBED IN PART 7 OF THIS ARTICLE; 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 OR HER 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 THE CHILD 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 THE PERSON 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)  "Essential person" means a person who resides with a recipient of assistance payments under a program for aid to the blind or aid to the needy disabled and, pursuant to rules and regulations adopted by the state department, is determined to be rendering a service to the recipient which, if the recipient were living alone, would have to be provided for him.

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

(6) (a)  "Total disability", for the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act, means a physical or mental impairment which is disabling and which, because of other factors such as age, training, experience, and social setting, substantially precludes the person having such disability from engaging in a useful occupation as a homemaker or as a wage earner in any employment which exists in the community for which he THE PERSON has competence.

(b)  For the purpose of the state­funded supplement to persons receiving federal financial benefits pursuant to Title XVI of the social security act, federal definitions promulgated pursuant to the said Title XVI shall apply.

(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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM DESCRIBED IN PART 7 OF THIS ARTICLE, 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.

(8)  "Recipient" means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of this article.

(9)  "Resident" means any individual who is living, other than temporarily, within the state of Colorado, or a particular county therein, voluntarily and with the intention of making his OR HER home there. "Resident" includes any unemancipated child whose parents, or other person entitled to custody, live within such state or county. Temporary absences from such state or county shall not cause an individual to lose his OR HER status as a resident if he OR SHE has an intent to return and has not abandoned his OR HER residence.

(10)  "Social security act" means the federal "Social Security Act" and amendments thereto.

(11)  "Social services" means services and payments for services (other than medical services covered by the "Colorado Medical Assistance Act") available, directly or indirectly, through the staff of the state department of human services and county departments of social services or through state designated agencies, where applicable, for the benefit of eligible persons, which services are provided pursuant to rules and regulations adopted by the state department. "Social services" may include but need not be limited to day care, homemaker services, foster care, and other services to individuals or families for the purpose of attaining or retaining capabilities for maximum self­care, self­support, and personal independence and services to families or members of families for the purpose of preserving, rehabilitating, reuniting, or strengthening the family. At such time as Title XX of the social security act becomes effective with respect to federal reimbursements, "social services" may include but need not be limited to child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services, and appropriate combinations of services designed to meet the special needs of children, the aged, the mentally retarded, the blind, the emotionally disturbed, persons with physical disabilities, and alcoholics and drug addicts.

(12) and (13)  Repealed.

SECTION 7.  26­2­104, 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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM DESCRIBED IN PART 7 OF THIS ARTICLE, aid to the needy disabled, and aid to the blind.

(2) (a)  The state department is authorized to implement an electronic benefits transfer service for administering the delivery of public assistance payments and food stamps to recipients. The electronic benefits transfer service shall be designed to allow clients access to cash benefits through automated teller machines or similar electronic technology. The electronic benefits transfer service shall allow clients eligible for food stamps access to food items through the use of point of sale terminals at retail outlets. Only those businesses that offer products or services related to the purpose of the public assistance benefits shall be allowed to participate in the electronic benefits transfer service through the use of point of sale terminals. Clients shall not be allowed to access cash benefits through the electronic benefits transfer service from automated teller machines in this state located in licensed gaming establishments as defined in section 12­47.1­103 (15), C.R.S., in­state simulcast facilities as defined in section 12­60­102 (14), C.R.S., tracks for racing as defined in section 12­60­102 (26), C.R.S., commercial bingo facilities as defined in section 12­9­102 (2.3), C.R.S., stores or establishments in which the principal business is the sale of firearms, or retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to article 47 of title 12, C.R.S. In the development and implementation of the service, the state department shall consult with representatives of those persons, agencies, and organizations that will use or be affected by the electronic benefits transfer service, including program clients, to assure that the service is as workable, effective, and efficient as possible. The electronic benefits transfer service shall be applicable to the public assistance programs described in subsection (1) of this section and to food stamps as described in part 3 of this article. The state department shall contract in accordance with state purchasing requirements with any entity for the development and administration of the electronic benefits transfer service. In order to ensure the integrity of the electronic benefits transfer service, the system developed pursuant to this section shall use, but is not limited to, security measures such as individual personal identification numbers, photo identification, or fingerprint identification. The security method or methods selected shall be those that are most efficient and effective. The state board shall establish by rule a policy and procedure to limit losses to a client after the client reports that the electronic benefits transfer card or benefits have been lost or stolen.

(b)  The state board is authorized to promulgate rules necessary to implement and administer the electronic benefits transfer service created in this subsection (2). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.

(c)  The state department is authorized to request federal waivers as necessary to administer the electronic benefits transfer service.

SECTION 8.  26­2­106, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­106.  Applications for public assistance. (1)  Any individual wishing to make application for any of the public assistance programs administered or supervised by the state department under this article shall have the opportunity to do so, and such public assistance shall be furnished with reasonable promptness to each eligible individual in accordance with rules of the state department. The county department shall consider an application for public assistance to be for any category of public assistance for which the applicant may be eligible.

(1.5)  All applications for public assistance shall contain the citizenship of the applicant, the number of years the applicant has resided in the United States, and, if the applicant is an alien, the name and the social security number or federal tax number of the person, or persons or organization, if any, who sponsored the applicant's entry into the United States.

(2)  The rules of the state department may provide for a simplified application in order that public assistance may be furnished to eligible persons as soon as possible and shall provide adequate safeguards and controls to insure that only eligible persons receive public assistance under this article.

(3)  Applications and requests for public assistance under this article shall be made to the county department of the county or the state designated agency, where applicable, for the county in which the applicant is a resident. The state department by its rules and regulations shall prescribe the form and procedure for applications or requests for social services. The application for assistance payments shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department, shall contain the name, age, and residence of the applicant, the category or type of assistance payments sought, a statement of the amount of property, both real and personal, in which the applicant has an interest and of all income which he OR SHE may have at the time of the filing of the application, and such other information as may be required by rules of the state department, and shall be verified by the signature of the applicant or his THE APPLICANT'S legally appointed guardian.

(4) (a)  If the public assistance sought is aid to families with dependent children, THE STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM DESCRIBED IN PART 7 OF THIS ARTICLE, 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.

(b)  If the public assistance sought is aid to the needy disabled or aid to the blind, the application shall be signed by the applicant and his OR HER natural guardian or legally appointed guardian, if any.

(5)  For the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act:

(a)  No application for aid to the blind shall be approved until the applicant has been examined by an ophthalmologist duly licensed to practice in this state and actively engaged in the treatment of diseases of the human eye or by an optometrist duly licensed to practice in this state. The examining ophthalmologist or optometrist shall certify in writing upon forms prescribed by the state department as to diagnosis, prognosis, and visual acuity of the applicant.

(b)  Determination of blindness shall be made by the county department in accordance with the provisions of section 26­2­103 (3) and state department rules and regulations.

(c)  The county department shall fix the fees to be paid for examination of applicants for and reexamination of recipients of aid to the blind. Such fees shall be allowed and paid to the vendor in the same manner as assistance payments under the program for aid to the blind, pursuant to the rules and regulations of the state department. Payments to such vendors shall be subject to reimbursement by the state in the same manner as said assistance payments for aid to the blind.

(6) (a)  No application for aid to the needy disabled shall be approved until the applicant has been examined by a doctor of medicine or a doctor of osteopathy. The examining doctor shall certify in writing upon forms prescribed by the state department as to the diagnosis, prognosis, and other relevant medical or mental factors relating to the disability of the applicant. No applicant disabled as a result of a primary diagnosis of alcoholism or a controlled substance addiction shall be approved for aid to the needy disabled except as provided in section 26­2­111 (4) (d).

(b)  Determination of the existence of total disability shall be made by the county department after consideration of the factors under the provisions of section 26­2­103 (6) and on the basis of the medical examination or from medical and social data collected and verified by the county departments under the rules and regulations of the state department.

(c)  The county department shall fix the fees to be paid to competent medical personnel for examination of applicants for and reexamination of recipients of aid to the needy disabled and for special medical examinations when deemed necessary by the state department pursuant to rules and regulations of the state department. Such fees shall be allowed and paid to the medical vendor in the same manner as assistance payments under the program for aid to the needy disabled, pursuant to the rules and regulations of the state department. Payments to such vendors shall be subject to reimbursement by the state in the same manner as said assistance payments for aid to the needy disabled.

SECTION 9.  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 OR HER 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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES program set forth in PART 7 OF 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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 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 STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 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 10.  26­2­118, Colorado Revised Statutes, 1989 Repl. Vol., as amended, 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 11.  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" "TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 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 12.  26­2­125, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­125.  State temporary assistance for needy families cases ­ vendor payments. The county department, upon reconsideration in cases involving aid to families with dependent children STATE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 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 13.  Repeal. Parts 4 and 5 of article 2 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, are repealed.

SECTION 14.  Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the ____________ fund not otherwise appropriated, to the department of _____________ for allocation to the division of ____________ , for the fiscal year beginning July 1, ____, the sum of _________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.

SECTION 15.  Effective date. This act shall take effect July 1, 1997.

SECTION 16.  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.