First Regular Session
Sixty-second General Assembly
LLS NO. 99-0146.01 Jennifer Gilroy SENATE BILL 99-007
STATE OF COLORADO
BY SENATOR Weddig
HEALTH, ENVIRONMENT, WELFARE & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING ADULT ASSISTANCE PROGRAMS THAT ARE NOT FEDERALLY
102 FUNDED.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Adds the requirement that an applicant for the old age pension
must be a resident of the state of Colorado for at least one year
immediately preceding the application for an old age pension. Provides
that such requirement is to allow a period of time to permit the agencies
that administer the old age pension funds to process applications for the
benefits and to assure that those who apply for the benefits meet the
qualifications for eligibility.
Specifies that persons moving to Colorado from other states shall
be exempt from the residency requirement if the person was receiving a
similar state-funded general assistance benefit in the other state.
Applies the savings, if any, to the aid to the needy disabled
program.
Applies such residency requirement to persons applying for the old
age pension on or after the effective date of the act.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 26-2-111 (2), Colorado Revised Statutes, is
3 amended to read:
4 26-2-111. Eligibility for public assistance - legislative
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 declaration. (2) Old age pension. (a) (I) THE GENERAL ASSEMBLY
2 HEREBY FINDS AND DECLARES THAT IT IS APPROPRIATE TO ALLOW ONE
3 YEAR FOR THE ADMINISTRATIVE AGENCIES TO ASCERTAIN THAT THOSE
4 INDIVIDUALS WHO HAVE APPLIED FOR OLD AGE PENSION BENEFITS ARE
5 PROPERLY QUALIFIED AND TO ENSURE THAT THE AGENCIES HAVE
6 SUFFICIENT TIME TO PROCESS THE OLD AGE PENSION APPLICATIONS.
7 (II) FURTHERMORE, THE GENERAL ASSEMBLY HEREBY DETERMINES
8 THAT IT IS APPROPRIATE AND DESIRABLE TO EQUALIZE, TO THE EXTENT
9 POSSIBLE, THOSE PUBLIC BENEFITS AVAILABLE TO THE CITIZENS OF THE
10 STATE OF COLORADO WHO ARE SIMILARLY SITUATED, IN ORDER TO AVOID
11 INEQUITY AMONG PUBLIC ASSISTANCE RECIPIENTS. TO THAT END, IT IS THE
12 INTENT OF THE GENERAL ASSEMBLY THAT ANY SAVINGS RESULTING FROM
13 THE ONE-YEAR RESIDENCY REQUIREMENT SET FORTH IN THIS SECTION
14 SHALL BE APPLIED TO THE AID TO THE NEEDY DISABLED PROGRAM IN AN
15 ATTEMPT TO REDUCE THE INEQUITIES BETWEEN THESE TWO CLASSES OF
16 RECIPIENTS.
17 (a) (b) Except as provided in paragraph (d) (e) of this subsection
18 (2), public assistance in the form of the old age pension shall be granted
19 to any person who meets the requirements of subsection (1) of this
20 section, WHO HAS BEEN A RESIDENT OF THE STATE OF COLORADO FOR AT
21 LEAST ONE YEAR IMMEDIATELY PRECEDING THE APPLICATION FOR AN OLD
22 AGE PENSION, OR WHO HAS RESIDED IN THE STATE OF COLORADO FOR LESS
23 THAN ONE YEAR IMMEDIATELY PRECEDING THE APPLICATION FOR AN OLD
24 AGE PENSION BUT WHO RESIDED DURING THAT PERIOD OF TIME IN ANOTHER
25 STATE AND WAS RECEIVING A SIMILAR STATE-FUNDED GENERAL
26 ASSISTANCE BENEFIT FROM THAT OTHER STATE, and WHO MEETS any one
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1 of the following requirements:
2 (I) The person has attained the age of sixty years or more and
3 meets the resource eligibility requirements of the federal supplemental
4 security income program; or
5 (II) Repealed.
6 (III) The person is an inmate of an institution, not penal in
7 character, maintained by the state or by a municipality therein or county
8 thereof, and the person has attained the age of sixty years or more. The
9 period of confinement as a patient in such institution shall be considered
10 as residence in the state of Colorado.
11 (b) (c) No person otherwise qualified shall be denied the old age
12 pension by reason of the fact that relatives may be financially able to
13 contribute to his OR HER support and maintenance, but income and
14 property of the spouse of an applicant or recipient of the old age pension
15 shall be considered in determining eligibility pursuant to rules and
16 regulations of the state department, which rules and regulations shall be
17 based upon and relate to the need of the applicant or recipient.
18 (c) (d) No alien who has resided in the United States for less than
19 three years shall be granted public assistance under the provisions of this
20 subsection (2) unless it is shown that the person, other than a relative,
21 who sponsored the alien's entry into the United States and who satisfied
22 sponsorship financial requirements at the time of initial sponsorship now
23 has insufficient income, property, or other resources to meet the needs of
24 the alien as determined pursuant to rules and regulations of the state
25 department.
26 (d) (e) (I) No person who is a member of a household which THAT
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1 is receiving public assistance under the aid to families with dependent
2 children program set forth in this article shall be eligible to receive public
3 assistance pursuant to this subsection (2). For the purposes of this
4 paragraph (d) (e), "household" has the same meaning as "assistance unit"
5 as used in 45 C.F.R. 205.40 (a) (1) 45 C.F.R. 206.10, as amended.
6 (II) (A) The provisions of subparagraph (I) of this paragraph (d)
7 (e) notwithstanding, on and after January 1, 1992, a supplemental
8 payment funded by state and county funds shall be paid to households
9 which THAT have received public assistance payments for the month of
10 December 1991, under both the aid to families with dependent children
11 program set forth in this article and the old age pension program set forth
12 in this subsection (2). Such supplemental payment shall be in an amount
13 as will maintain the household's total income at the same level as in
14 December 1991.
15 (B) Such supplemental payment shall be paid only if the
16 household remains continuously eligible to receive public assistance
17 under both the aid to families with dependent children program set forth
18 in this article and the old age pension program set forth in this subsection
19 (2).
20 SECTION 2. Effective date - applicability. (1) This act shall
21 take effect September 1, 1999, unless a referendum petition is filed during
22 the ninety-day period after final adjournment of the general assembly that
23 is allowed for submitting a referendum petition pursuant to article V,
24 section 1 (3) of the state constitution. If such a referendum petition is
25 filed against this act or an item, section, or part of this act within such
26 period, then the act, item, section, or part, if approved by the people, shall
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1 take effect on the date of the official declaration of the vote thereon by
2 proclamation of the governor.
3 (2) This act shall apply to persons applying for the old age
4 pension on or after the applicable effective date.