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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0328.01 MKH SENATE BILL 98­039

STATE OF COLORADO

BY SENATOR Phillips

FINANCE

A BILL FOR AN ACT

CONCERNING INCREASES IN ASSISTANCE GRANTS FOR THE ELDERLY AND DISABLED.

Bill Summary

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

For grants claimed for years commencing after December 31, 1997, increases the amount of the property tax and rent assistance grant from $500 to $600 and reduces the amount of the phaseout percentage from 20% to 10%. For grants claimed for years commencing after December 31, 1997, increases the amount of the heat or fuel expense assistance grant from $160 to $192 and reduces the amount of the phaseout percentage from 6.4% to 3.2%. Directs the finance committees of the senate and the house of representatives to review the grant amounts and reduction percentages every 2 years beginning in 2000, considering the federal poverty guidelines and other relevant information, and to determine whether they should be modified.

Makes conforming amendments to set the maximum income levels consistent with the increased grant amounts.

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

SECTION 1.  39­31­101 (2) (a), (2) (b), and (3) (b), Colorado Revised Statutes, are amended, and the said 39­31­101 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

39­31­101.  Real property tax assistance ­ eligibility ­ applicability. (2)  Such grant shall be the amount of the general property taxes actually paid on the residence or the amount of taxes actually paid on a mobile home, plus any tax­equivalent payments computed pursuant to subsection (4) of this section, with respect to the rent of a trailer space during the year for which such grant is claimed, the amount of the specific ownership tax actually paid on a trailer coach, or the amount of the tax­equivalent payments, computed pursuant to subsection (4) of this section, actually made during the year for which such grant is claimed, but in no event may it exceed:

(a)  In the case of an individual:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR BEFORE DECEMBER 31, 1997, five hundred dollars reduced by twenty percent of the amount by which his THE INDIVIDUAL'S income exceeds five thousand dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING AFTER DECEMBER 31, 1997, SIX HUNDRED DOLLARS REDUCED BY TEN PERCENT OF THE AMOUNT BY WHICH THE INDIVIDUAL'S INCOME EXCEEDS FIVE THOUSAND DOLLARS;

(b)  In the case of a husband and wife:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR BEFORE DECEMBER 31, 1997, five hundred dollars reduced by twenty percent of their income over eight thousand seven hundred dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING AFTER DECEMBER 31, 1997, SIX HUNDRED DOLLARS REDUCED BY TEN PERCENT OF THEIR INCOME OVER EIGHT THOUSAND SEVEN HUNDRED DOLLARS.

(2.5)  IN 2000 AND IN EVERY EVEN­NUMBERED YEAR THEREAFTER, THE FINANCE COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL EXAMINE THE GRANT AMOUNTS AND REDUCTION PERCENTAGES SET FORTH IN SUBSECTION (2) OF THIS SECTION, AND THE INCOME LEVELS SET FORTH IN SUBSECTION (3) OF THIS SECTION, CONSIDERING THE LEVELS ESTABLISHED IN THE FEDERAL POVERTY GUIDELINES FOR THE FORTY­EIGHT CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR SINGLE PERSONS FOR SUCH YEAR, AND SUCH OTHER RELEVANT INFORMATION AS IS AVAILABLE TO THE COMMITTEES, AND SHALL DETERMINE WHETHER SAID AMOUNTS, PERCENTAGES, OR INCOME LEVELS SHOULD BE MODIFIED.

(3)  Such grant shall be allowed to such persons as described in subsection (1) of this section who meet the following requirements:

(b)  Have income from all sources for the taxable year of less than seven thousand five hundred ELEVEN THOUSAND dollars if single or, in the case of a husband and wife, less than eleven thousand two hundred FOURTEEN THOUSAND SEVEN HUNDRED dollars including, but not limited to, for this purpose, alimony, support money, cash public assistance and relief, pension or annuity benefits, federal social security benefits, veterans' benefits (except those specific veterans' benefits that are service­connected disability compensation payments), nontaxable interest, workers' compensation, and unemployment compensation benefits but not including outright gifts. "Service­connected disability compensation payments" means those payments made for permanent disability, which disability shall be limited to loss of or loss of use of both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; loss of use of both hands; blindness in both eyes, including such blindness with only light perception; or loss of one lower extremity together with residuals or organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair.

SECTION 2.  39­31­104 (2) (a), (2) (b), and (3) (b), Colorado Revised Statutes, are amended, and the said 39­31­104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

39­31­104.  Heat or fuel expenses assistance ­ eligibility ­ applicability. (2)  Such grant shall be as follows:

(a)  In the case of an individual:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR BEFORE DECEMBER 31, 1997, one hundred sixty dollars reduced by six and four­tenths percent of the amount by which his THE INDIVIDUAL'S income exceeds five thousand dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING AFTER DECEMBER 31, 1997, ONE HUNDRED NINETY­TWO DOLLARS REDUCED BY THREE AND TWO­TENTHS PERCENT OF THE AMOUNT BY WHICH THE INDIVIDUAL'S INCOME EXCEEDS FIVE THOUSAND DOLLARS;

(b)  In the case of a husband and wife:

(I)  FOR GRANTS CLAIMED FOR YEARS COMMENCING ON OR BEFORE DECEMBER 31, 1997, one hundred sixty dollars reduced by six and four­tenths percent of their income over eight thousand seven hundred dollars;

(II)  FOR GRANTS CLAIMED FOR YEARS COMMENCING AFTER DECEMBER 31, 1997, ONE HUNDRED NINETY­TWO DOLLARS REDUCED BY THREE AND TWO­TENTHS PERCENT OF THEIR INCOME OVER EIGHT THOUSAND SEVEN HUNDRED DOLLARS.

(2.5)  IN 2000 AND EVERY EVEN­NUMBERED YEAR THEREAFTER, THE FINANCE COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL EXAMINE THE GRANT AMOUNTS AND REDUCTION PERCENTAGES SET FORTH IN SUBSECTION (2) OF THIS SECTION, AND THE INCOME LEVELS SET FORTH IN SUBSECTION (3) OF THIS SECTION, CONSIDERING THE LEVELS ESTABLISHED IN THE FEDERAL POVERTY GUIDELINES FOR THE FORTY­EIGHT CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR SINGLE PERSONS FOR SUCH YEAR, IN THE AND SUCH OTHER INFORMATION AS IS AVAILABLE TO THE COMMITTEES, AND SHALL DETERMINE WHETHER SAID AMOUNTS, PERCENTAGES, OR INCOME LEVELS SHOULD BE MODIFIED.

(3)  Such grant shall be allowed to such persons as described in subsection (1) of this section who meet the following requirements:

(b)  Have income from all sources for the taxable year of less than seven thousand five hundred ELEVEN THOUSAND dollars if single or, in the case of a husband and wife, less than eleven thousand two hundred FOURTEEN THOUSAND SEVEN HUNDRED dollars including, but not limited to, for this purpose, alimony, support money, cash public assistance and relief, pension or annuity benefits, federal social security benefits, veterans' benefits (except those specific veterans' benefits that are service­connected disability compensation payments), nontaxable interest, workers' compensation, and unemployment compensation benefits but not including outright gifts. "Service­connected disability compensation payments", as used in this paragraph (b), means those payments made for permanent disability, which disability shall be limited to loss of or loss of use of both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; loss of use of both hands; blindness in both eyes, including such blindness with only light perception; or loss of one lower extremity together with residuals or organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.