First Regular Session

Sixty-second General Assembly

LLS NO. R99­0869.01 Debbie Haskins

STATE OF COLORADO

BY SENATORS Weddig, Andrews, Dyer, Hernandez, Martinez, Tebedo, Lacy, and Matsunaka;

also REPRESENTATIVE Mace.

FINANCE

APPROPRIATIONS

SENATE CONCURRENT RESOLUTION 99-002

CONCERNING THE SUBMISSION TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO OF AN AMENDMENT TO ARTICLE XXIV OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE RECOVERY OF DUPLICATIVE ASSISTANCE PAYMENTS FOR PERSONS RECEIVING THE OLD AGE PENSION, AND, IN CONNECTION THEREWITH, PROVIDING AN ADDITIONAL FUNDING SOURCE FOR THE AID TO THE NEEDY DISABLED PROGRAM BY DIRECTING THAT ANY MONEYS SO RECOVERED BE TRANSFERRED TO THE AID TO THE NEEDY DISABLED PROGRAM AND SPECIFYING THAT SUCH RECOVERED MONEYS ARE NOT SUBJECT TO LIMITATIONS ON REVENUE OR SPENDING.

Resolution Summary

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

Refers to the voters a constitutional amendment that provides an additional funding source for the aid to the needy disabled program by amending the provisions governing the old age pension program to allow the state to be reimbursed for old age pension payments made to a pensioner during the interim period while the pensioner is applying for benefits under the federal supplemental security income program (SSI), thus preventing the payment of dual benefits. Directs that moneys recovered through this provision be transferred to the aid to the needy disabled program. States that any moneys recovered are not subject to limitations on revenue or spending.

Be It Resolved by the Senate of the Sixty­second General Assembly of the State of Colorado, the House of Representatives concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Section 3 of article XXIV of the constitution of the state of Colorado is amended to read:

Section 3.  Persons entitled to receive old age pensions. (1)  From and after January 1, 1957, 2000, every citizen of the United States who has been a resident of the state of Colorado for such period as the general assembly may determine, who has attained the age of sixty years or more, and who qualifies under the laws of Colorado to receive a pension, shall be entitled to receive the same; provided, A PENSION; however, that no person otherwise qualified shall be denied a pension by reason of the fact that he SUCH PERSON is the owner of real estate occupied by him THE PERSON as a residence; nor for the reason that relatives may be financially able to contribute to his OR HER support and maintenance; nor shall any person be denied a pension for the reason that he SUCH PERSON owns personal property which by law is exempt from execution or attachment; nor shall any person be required, in order to receive a pension, to repay, or promise to repay, the state of Colorado any money paid to him SUCH PERSON as an old age pension; EXCEPT THAT THE STATE MAY RECOUP INTERIM ASSISTANCE PAYMENTS MADE TO A PERSON WHO QUALIFIES FOR FEDERAL SUPPLEMENTAL SECURITY INCOME BENEFITS, OR BENEFITS UNDER ANY SUCCESSOR PROGRAM. ANY MONEYS SO RECOVERED SHALL BE TRANSFERRED TO THE AID TO THE NEEDY DISABLED PROGRAM FOR THE PURPOSE OF EQUALIZING THE BENEFITS BETWEEN THE OLD AGE PENSION PROGRAM AND THE AID TO THE NEEDY DISABLED PROGRAM.

(2)  ANY MONEYS RECOVERED PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL NOT BE SUBJECT TO ANY LIMITATIONS ON STATE REVENUE OR SPENDING OR TO ANY LIMITATIONS ON FISCAL YEAR SPENDING IMPOSED BY SECTION 20 OF ARTICLE X OF THIS CONSTITUTION.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE XXIV OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE RECOVERY OF DUPLICATIVE ASSISTANCE PAYMENTS FOR PERSONS RECEIVING THE OLD AGE PENSION, AND, IN CONNECTION THEREWITH, PROVIDING AN ADDITIONAL FUNDING SOURCE FOR THE AID TO THE NEEDY DISABLED PROGRAM BY DIRECTING THAT ANY MONEYS SO RECOVERED BE TRANSFERRED TO THE AID TO THE NEEDY DISABLED PROGRAM AND SPECIFYING THAT SUCH RECOVERED MONEYS ARE NOT SUBJECT TO LIMITATIONS ON REVENUE OR SPENDING."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.