HOUSE BILL 981082
BY REPRESENTATIVES Lawrence, K. Alexander, Epps, Hagedorn, Morrison, Paschall, Lamborn, and Young;
also SENATORS Coffman, Wham, Congrove, and Powers.
CONCERNING CHARGING A FEE FOR A REPLACEMENT ELECTRONIC
BENEFITS TRANSFER CARD.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 262104
(2) (a), Colorado Revised Statutes, is amended to read:
262104. Public assistance
programs electronic benefits transfer service rules.
(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 part 3
of 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. THE STATE DEPARTMENT MAY AUTHORIZE COUNTY DEPARTMENTS
OF SOCIAL SERVICES TO CHARGE A FEE TO A CLIENT TO COVER THE COSTS
RELATED TO ISSUING A REPLACEMENT ELECTRONIC BENEFITS TRANSFER
CARD.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO