HOUSE BILL 22-1259
BY REPRESENTATIVE(S) Duran and Jodeh, Froelich, Lontine, Amabile,
Bacon, Bernett, Bird, Boesenecker, Esgar, Exum, Gonzales-Gutierrez,
Herod, Kipp, Lindsay, McCluskie, Michaelson Jenet, Mullica, Sirota,
Titone, Valdez A., Benavidez, Hooton;
also SENATOR(S) Moreno, Story, Fields, Gonzales, Hansen, Lee,
Pettersen, Rodriguez, Winter.
C
ONCERNING MODIFICATIONS TO THE COLORADO WORKS PROGRAM , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) "Temporary Assistance for Needy Families" (TANF), known as
the "Colorado Works Program" (works program), provides financial
assistance and work supports to families living far below the federal poverty
level. The works program should promote family safety, stability, and
self-sufficiency by assisting with job preparation and supporting career
goals and employment. As of fiscal year 2021-22, a parent with two
children must make less than $421 per month in income to qualify for a
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. basic cash assistance grant under the works program. The COVID-19
pandemic brought unprecedented hardships and changes to both families
and the works program. Even before the COVID-19 pandemic, families
enrolled in the works program were facing the greatest barriers to financial
security and well-being.
(b) Families enrolled in the works program are eligible to receive
cash assistance to help meet the family's ongoing basic needs, such as
diapers, food, bus passes, and school supplies. Cash assistance payments
were not adequate at the start of the works program in 1996 and since
payments have not adjusted for inflation, cash assistance has eroded even
further and failed to keep up with the cost of living in Colorado. In 1996,
the amount of Colorado's cash assistance was 32.9% of the federal poverty
level, but by 2021 it had fallen to 27.8% with the maximum amount of cash
assistance for a parent with two children at $508 per month.
(c) Families can often face a "cliff effect" when the family receives
more income through employment or a raise and then abruptly has its public
assistance reduced or discontinued. Too often families are left without
supports right when they begin to get their feet underneath them. Reducing
the "cliff effect" will incentivize work, help parents stay employed, and
create a smoother off-ramp toward employment, self-sufficiency, and
economic security.
(d) Families can be better supported in the works program by
reducing punitive sanctions and overly burdensome work requirements.
While sanctions and work requirements are required by the federal
government, states have some discretion on how to administer those
requirements. Colorado has made some strides in easing these requirements
and can do more to be responsive to families' circumstances and needs.
Sanctions, or financial penalties that are issued when a participant does not
meet the work requirements of the works program, are disproportionately
applied to certain families, including families of color, do not achieve the
intended outcome of connecting families to sustainable employment, and
increase the administrative burden on case managers and counties.
Moreover, families who receive sanctions face the most significant barriers
to employment and economic security, such as a child being hospitalized,
domestic violence, lack of a vehicle, or less work experience.
(e) Colorado receives federal TANF funds each year and the state
PAGE 2-HOUSE BILL 22-1259 is permitted to retain a certain amount of unexpended funds for future use
in the event of an economic downturn or caseload growth. Colorado has two
sets of TANF reserves: A state TANF long-term reserve and a TANF
reserve in each county. Although there was severe economic downturn,
including historic unemployment, during the COVID-19 pandemic, the
amount of money in the reserves actually increased in Colorado. The
beginning fiscal year 2021-22 balance of all county TANF reserves was
$61.2 million and the balance in the state TANF long-term reserve, which
has a mandatory floor of $33 million, was $76.2 million. In total, there was
more than $137 million in TANF reserves in Colorado at the end of the
2020-21 fiscal year.
(f) To support the economic recovery from the COVID-19
pandemic, the department of human services may receive additional money
to support subsidized training and employment. The money may be used to
support current Colorado works participants and individuals who are
eligible for short-term non-recurrent assistance and other assistance, as
defined by the state board of human services, whose income does not
exceed 200% of the federal poverty level.
(2) Therefore, the general assembly declares that Colorado must
prioritize strategies and investments to remove barriers to employment and
economic security for families and children experiencing extreme poverty
in the state. Colorado should ensure a basic cash assistance amount
sufficient enough to lift families out of extreme poverty and ensure that it
keeps with the rising cost of living; make improvements in the way the
works program serves families, including reducing the "cliff effect"; elevate
family voices in the works program; and improve outreach and
communication about the works program.
(3) The general assembly further finds and declares that the increase
in basic cash assistance grants and funding for subsidized employment
established in this act are critical government services.
SECTION 2. In Colorado Revised Statutes, 26-2-705, amend (2)(a)
and (2)(e) as follows:
26-2-705. Works program - purposes. (2) The purposes of the
works program are to:
PAGE 3-HOUSE BILL 22-1259 (a) Assist participants to terminate their dependence on government
benefits TOWARD SELF-SUFFICIENCY, ECONOMIC MOBILITY, AND FAMILY
SAFETY AND STABILITY
by promoting job preparation, work, and marriage;
(e) Develop strategies and policies that focus on
SUPPORTING
PARTICIPANTS IN THE PARTICIPANTS
' EMPLOYMENT AND CAREER GOALS ,
REMOVING BARRIERS TO EMPLOYMENT FOR PARTICIPANTS , AND ensuring that
participants are in work activities as soon as possible so that
the state is able
to meet or exceed work participation rates specified in the federal law; and
SECTION 3. In Colorado Revised Statutes, 26-2-706, amend (3)
and (4); and add (2)(c) as follows:
26-2-706. Target populations. (2) (c) I
N DETERMINING THE INCOME
REQUIREMENTS PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION, THE
STATE DEPARTMENT SHALL USE AN INCOME CONVERSION RATIO FOR
CONVERTING WEEKLY AND BIWEEKLY INCOME TO A MONTHLY AMOUNT
USING THE LOWEST RATIO OR METHODOLOGY THAT RESULTS IN THE LOWEST
MONTHLY INCOME AMOUNT ALLOWABLE UNDER FEDERAL LAW
.
(3) A person convicted of a drug-related felony offense under the
laws of this state, any other state, or the federal government on or after June
3, 1997, shall not be
IS eligible for assistance under the works program.
unless such person is determined by the county department to have taken
action toward rehabilitation such as, but not limited to, participation in a
drug treatment program.
(4) The state board shall promulgate rules to simplify the
requirements relating to determination and verification of eligibility criteria.
E
LIGIBILITY PROCESSES FROM OTHER PUBLIC ASSISTANCE OR ENTITLEMENT
PROGRAMS MAY BE USED WHEN REDETERMINING AND VERIFYING
ELIGIBILITY
. WHEN POSSIBLE, THE STATE BOARD IS STRONGLY ENCOURAGED
TO ALIGN REDETERMINATION AND VERIFICATION TIMELINES WITH OTHER
PUBLIC ASSISTANCE OR ENTITLEMENT PROGRAMS
. Nothing in this subsection
(4) shall authorize AUTHORIZES the state board to amend or delete eligibility
criteria for participation in the works program that the board is not
otherwise authorized to amend or delete.
SECTION 4. In Colorado Revised Statutes, 26-2-706.5, add (4) as
follows:
PAGE 4-HOUSE BILL 22-1259 26-2-706.5. Restrictions on length of participation - rules. (4) N O
LATER THAN
JULY 1, 2023, THE STATE BOARD SHALL PROMULGATE RULES :
(a) E
STABLISHING STATEWIDE STANDARDS AND PROCEDURES THAT
REQUIRE COUNTIES TO OFFER EXTENSIONS BEYOND THE SIXTY
-MONTH
LIFETIME MAXIMUM FOR ALL HOUSEHOLDS THAT DEMONSTRATE GOOD
CAUSE
, WHICH INCLUDES, BUT IS NOT LIMITED TO, AN APPLICANT OR
PARTICIPANT WHO IS
:
(I) A
CHILD-ONLY CASE;
(II) T
HE HEAD OF A SINGLE PARENT HOUSEHOLD UNIT AND HAS A
CHILD UNDER ONE YEAR OF AGE
; OR
(III) EXPERIENCING HARDSHIP, AS DEFINED IN RULES PROMULGATED
BY THE STATE BOARD
; AND
(b) TO ADDRESS HOW THE STATE WILL MONITOR EXTENSIONS IN
RELATION TO REQUIREMENTS UNDER THE FEDERAL LAW
.
SECTION 5. In Colorado Revised Statutes, 26-2-708, add (5.3) as
follows:
26-2-708. Assistance - assessment - individual responsibility
contract - waivers for domestic violence - rules. (5.3) (a) N
O LATER
THAN
JULY 1, 2023, THE STATE BOARD SHALL PROMULGATE RULES :
(I) E
STABLISHING STATEWIDE STANDARDS AND PROCEDURES THAT
REQUIRE COUNTIES TO INFORM AND NOT PENALIZE ANY APPLICANT OR
HOUSEHOLD THAT DEMONSTRATES GOOD CAUSE FOR AN EXEMPTION FROM
WORK REQUIREMENTS
, WHICH INCLUDES, BUT IS NOT LIMITED TO, AN
APPLICANT OR PARTICIPANT WHO IS
:
(A) T
HE HEAD OF A SINGLE-PARENT HOUSEHOLD UNIT AND HAS A
CHILD UNDER ONE YEAR OF AGE
; OR
(B) EXPERIENCING HARDSHIP, AS DEFINED IN RULES PROMULGATED
BY THE STATE BOARD
; AND
(II) ENSURING EQUAL ACCESS TO TANF SERVICES FOR THOSE
PAGE 5-HOUSE BILL 22-1259 EXEMPTED WHO WISH TO PARTICIPATE ON A VOLUNTARY BASIS .
(b) W
HEN PROMULGATING RULES PURSUANT TO THIS SUBSECTION
(5.3), THE STATE BOARD SHALL CONSIDER COMPLIANCE WITH THE FEDERAL
LAW IN RELATION TO THE CALCULATION OF THE STATE
'S WORK
PARTICIPATION RATES SPECIFIED IN THE FEDERAL LAW
.
SECTION 6. In Colorado Revised Statutes, 26-2-709, amend (1)(a)
introductory portion, (1)(a)(III), (1)(b), and (1.3); and add (1)(f) as follows:
26-2-709. Benefits - cash assistance - programs - rules - repeal.
(1) Standard of need - basic cash assistance grant. (a) The state
department shall promulgate rules determining the standard of need for
eligibility for a basic cash assistance grant, whether an applicant or
participant meets the standard of need, and the amount of the basic cash
assistance grant. T
HE STATE DEPARTMENT SHALL ANNUALLY REVIEW AND
PROMULGATE RULES AS NECESSARY TO UPDATE THE STANDARD OF NEED TO
ENSURE THE STANDARD OF NEED IS EQUITABLE
, PROMOTES ECONOMIC
MOBILITY AND SELF
-SUFFICIENCY, AND REFLECTS THE CURRENT ECONOMIC
SITUATIONS IN THE STATE
. In addition to any other rules necessary for the
implementation of this part 7, the state department's rules shall:
(III) N
O LATER THAN JULY 1, 2023, establish the calculation for
determining the amount of an eligible applicant's or participant's basic cash
assistance grant, which calculation shall
MUST include an earned income
disregard which shall be THAT IS applied to the gross countable earned
income of an applicant or participant who is employed
AND A GRADUAL
STEP DOWN OF THE AMOUNT OF INCOME DISREGARDED FOLLOWING THE
INITIAL EARNED INCOME DISREGARD
. The INITIAL earned income disregard
shall
AND GRADUAL STEP DOWN MUST promote work and self-sufficiency,
BE RESPONSIVE TO FAMILY CIRCUMSTANCES AND NEED , and shall benefit the
applicant or participant by reducing the unintended economic consequences
of becoming employed. The rules promulgated by the state department
pursuant to this subparagraph (III) shall
SUBSECTION (1)(a)(III) MUST not
establish an earned income disregard that results in an applicant or
participant having fewer financial resources available to him or her
THE
APPLICANT OR PARTICIPANT
than a similarly situated applicant or participant
would have had under the earned income disregard pursuant to section
26-2-709 as it existed on July 1, 2009; and
PAGE 6-HOUSE BILL 22-1259 (b) (I) In establishing the calculation for determining the amount of
an eligible applicant's or participant's basic cash assistance grant, the state
department shall ensure that the amount of the basic cash assistance grant
that a participant or applicant receives
FOR THE STATE FISCAL YEAR
COMMENCING
JULY 1, 2022, is equal to or exceeds one hundred two percent
of the need standard for a participant in a similarly sized household on
January 1, 2008. The state department is encouraged to establish a
calculation for determining the amount of a basic cash assistance grant that
results in a basic cash assistance grant that is equal to or exceeds one
hundred twelve percent of the need standard for a participant in a similarly
sized household on January 1, 2008, ONE HUNDRED PERCENT OF THE
AMOUNT OF BASIC CASH ASSISTANCE IN
2021, PLUS TEN PERCENT. FOR THE
STATE FISCAL YEAR COMMENCING
JULY 1, 2024, AND EACH STATE FISCAL
YEAR THEREAFTER
, THE AMOUNT OF BASIC CASH ASSISTANCE MUST BE
EQUAL TO OR EXCEED THE AMOUNT OF BASIC CASH ASSISTANCE FOR THE
PREVIOUS STATE FISCAL YEAR PLUS A TWO PERCENT COST OF LIVING
ADJUSTMENT OR A COST OF LIVING ADJUSTMENT THAT IS EQUAL TO THE
AVERAGE OF THE FEDERAL SOCIAL SECURITY ADMINISTRATION
'S COST OF
LIVING ADJUSTMENT FOR THAT FISCAL YEAR PLUS THE PREVIOUS TWO FISCAL
YEARS
, WHICHEVER IS GREATER.
(II) (A) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
TWENTY
-ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE
ECONOMIC RECOVERY AND RELIEF CASH FUND
, CREATED IN SECTION
24-75-228, TO THE COLORADO LONG-TERM WORKS RESERVE TO COVER ANY
INCREASE IN BASIC CASH ASSISTANCE PURSUANT TO THIS SECTION ABOVE
THE AMOUNT OF BASIC CASH ASSISTANCE
IN STATE FISCAL YEAR 2021-22.
(B) T
HE MONEY TRANSFERRED PURSUANT TO SUBSECTION
(1)(b)(II)(A) OF THIS SECTION MUST BE EXPENDED NO LATER THAN
DECEMBER 30, 2026.
(C) T
HIS SUBSECTION (1)(b)(II) IS REPEALED, EFFECTIVE JULY 1,
2027.
(III) (A) B
EGINNING STATE FISCAL YEAR 2023-24, AND EACH STATE
FISCAL YEAR THEREAFTER
, TO COVER ANY INCREASE IN BASIC CASH
ASSISTANCE PURSUANT TO THIS SECTION ABOVE THE TOTAL SPENDING OF
BASIC CASH ASSISTANCE IN STATE FISCAL YEAR
2021-22, THE STATE
DEPARTMENT SHALL FIRST EXPEND ANY MONEY REMAINING THAT IS
PAGE 7-HOUSE BILL 22-1259 TRANSFERRED TO THE COLORADO LONG-TERM WORKS RESERVE PURSUANT
TO SUBSECTION
(1)(b)(II) OF THIS SECTION. THE STATE DEPARTMENT SHALL
THEN EXPEND MONEY IN AN AMOUNT EQUAL TO ONE
-THIRD OF THE AMOUNT
NECESSARY TO COVER ANY SUCH INCREASE IN BASIC CASH ASSISTANCE FROM
AVAILABLE
TANF FUNDS, WHICH MUST INCLUDE FUNDS IN THE COLORADO
LONG
-TERM WORKS RESERVE AND THE TOTAL STATEWIDE COUNTY TANF
RESERVE, AND AN AMOUNT E QUAL TO TWO -THIRDS OF THE AMOUNT
NECESSARY TO COVER ANY SUCH INCREASE IN BASIC CASH ASSISTANCE THAT
THE GENERAL ASSEMBLY APPROPRIATES TO THE STATE DEPARTMENT FROM
THE STATE GENERAL FUND OR ANY OTHER AVAILABLE FUND
, INCLUDING THE
COLORADO LONG-TERM WORKS RESERVE, IN ACCORDANCE WITH SECTION
26-2-721 (5). THE STATE DEPARTMENT AND COUNTIES SHALL IDENTIFY AN
EQUITABLE PORTION OF THE
COLORADO LONG-TERM WORKS RESERVE AND
TOTAL STATEWIDE COUNTY
TANF RESERVE FOR THE IMPLEMENTATION OF
THIS SUBSECTION
(1)(b)(III)(A). THE GENERAL ASSEMBLY SHALL
APPROPRIATE MONEY TO THE STATE DEPARTMENT FOR THE IMPLEMENTATION
OF THIS SUBSECTION
(1)(b)(III)(A).
(B) I
F THE TOTAL STATEWIDE COUNTY TANF RESERVE FALLS BELOW
FIFTEEN PERCENT OF THE COUNTY BLOCK GRANT AMOUNT
, THE GENERAL
ASSEMBLY SHALL APPROPRIATE MONEY FROM THE
COLORADO LONG-TERM
WORKS RESERVE TO THE COUNTY BLOCK GRANT UNTIL THE BALANCE OF THE
TOTAL STATEWIDE COUNTY
TANF RESERVE EXCEEDS FIFTEEN PERCENT OF
THE COUNTY BLOCK GRANT AMOUNT OR UNTIL THE
COLORADO LONG-TERM
WORKS RESERVE FALLS BELOW TWENTY
-FIVE PERCENT OF THE STATE BLOCK
GRANT AMOUNT
.
(C) I
F THE COLORADO LONG-TERM WORKS RESERVE FALLS BELOW
TWENTY
-FIVE PERCENT OF THE STATE BLOCK GRANT AMOUNT AND THE
TOTAL STATEWIDE COUNTY
TANF RESERVE EXCEEDS FIFTEEN PERCENT OF
THE COUNTY BLOCK GRANT AM OUNT
, THE COUNTIES SHALL FUND THE TANF
PROGRAM FROM AVAILABLE TANF FUNDS UNTIL THE TOTAL STATEWIDE
COUNTY
TANF RESERVE FALLS BELOW FIFTEEN PERCENT OF THE COUNTY
BLOCK GRANT AMOUNT
. COUNTIES ARE ONLY REQUIRED TO SPEND
AVAILABLE
TANF MONEY, INCLUDING COUNTY TANF RESERVES AND THE
MAINTENANCE OF EFFORT
, FOR THE COLORADO WORKS PROGRAM .
(IV) B
EGINNING JANUARY 2023, AND EACH JANUARY THEREAFTER,
THE JOINT BUDGET COMMITTEE SHALL AT LEAST ANNUALLY REVIEW THE
BALANCE OF THE
COLORADO LONG-TERM WORKS RESERVE AND THE TOTAL
PAGE 8-HOUSE BILL 22-1259 STATEWIDE COUNTY TANF RESERVE, AND, IF THE JOINT BUDGET COMMITTEE
DETERMINES THAT THE BALANCE OF THE
COLORADO LONG-TERM WORKS
RESERVE WILL FALL BELOW TWENTY
-FIVE PERCENT OF THE STATE BLOCK
GRANT AMOUNT AND THE BALANCE OF THE TOTAL STATEWIDE COUNTY
TANF RESERVE WILL FALL BELOW FIFTEEN PERCENT OF THE COUNTY BLOCK
GRANT AMOUNT IN THE CURRENT OR NEXT STATE FISCAL YEAR
, THE
GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM THE STATE GENERAL
FUND OR THE UNCLAIMED PROPERTY TRUST FUND TO COVER ANY INCREASE
IN BASIC CASH ASSISTANCE ABOVE THE AMOUNT OF BASIC CASH ASSISTANCE
IN STATE FISCAL YEAR
2021-22 UNTIL THE BALANCE OF THE COLORADO
LONG
-TERM WORKS RESERVE EXCEEDS TWENTY -FIVE PERCENT OF THE STATE
BLOCK GRANT AMOUNT AND THE TOTAL STATEWIDE COUNTY
TANF
RESERVE EXCEEDS FIFTEEN PERCENT OF THE COUNTY BLOCK GRANT
AMOUNT
.
(V) T
HE STATE DEPARTMENT AND A COUNTY DEPARTMENT THAT
RECEIVES MONEY FROM THE STATE DEPARTMENT PURSUANT TO THIS
SECTION SHALL COMPLY WITH THE COMPLIANCE
, REPORTING,
RECORD-KEEPING, AND PROGRAM EVALUATION REQUIREMENTS ESTABLISHED
BY THE OFFICE OF STATE PLANNING AND BUDGETING AND THE STATE
CONTROLLER IN ACCORDANCE WITH SECTION
24-75-226 (5).
(1.3) Redetermination of eligibility for persons receiving cash
assistance. The
STATE BOARD SHALL PROMULGATE RULES THAT REQUIRE
county department shall
DEPARTMENTS TO perform an annual A
redetermination of eligibility for all assistance units receiving cash
assistance. E
LIGIBILITY PROCESSES FROM OTHER PUBLIC ASSISTANCE OR
ENTITLEMENT PROGRAMS MAY BE USED WHEN REDETERMINING ELIGIBILITY
.
W
HEN POSSIBLE, THE STATE BOARD IS STRONGLY ENCOURAGED TO ALIGN
REDETERMINATION TIMELINES WITH OTHER PUBLIC ASSISTANCE OR
ENTITLEMENT PROGRAMS
.
SECTION 7. In Colorado Revised Statutes, amend 26-2-709.5 as
follows:
26-2-709.5. Exit interviews and follow-up interviews of
participants. (1) In order to follow the legislative intent declared in section
26-2-702 (1)(a), a county department is strongly encouraged to
CONTACT
EACH PARTICIPANT USING EACH METHOD OF COMMUNICATION PROVIDED BY
THE PARTICIPANT IN ORDER TO
conduct exit and follow-up interviews upon
PAGE 9-HOUSE BILL 22-1259 case closure, either in person or by telephone, with all participants of the
Colorado works program, including participants who are or have been
receiving short-term assistance payments pursuant to section 26-2-706.6.
The interviews shall be
CONDUCTED IN ACCORDANCE WITH STATE
DEPARTMENT GUIDANCE
for the purpose of:
(a) E
VALUATING THE PARTICIPANT'S EXPERIENCE WITH THE WORKS
PROGRAM
;
(b) E
VALUATING HOW WELL THE WORKS PROGRAM MET THE
PARTICIPANT
'S NEEDS AND ASSISTED THE PA RTICIPANT IN MEETING THE
PARTICIPANT
'S GOALS;
(c) I
NFORMING THE STATE DEPARTMENT OF ANY CHANGES TO RULES
THAT ARE NEEDED TO IMPROVE THE PARTICIPANT
'S EXPERIENCE; AND
(d) Providing information to the participant and offering assistance
with applications for or continuance of assistance under medicaid, food
stamps, the Colorado child care assistance program, the earned income tax
credit, or other programs such as welfare-to-work or other county benefits
or services.
(2) Repealed.
IF THE STATE DEPARTMENT, IN CONSULTATION WITH
COUNTIES
, IDENTIFIES ADDITIONAL NEED FOR FUNDING TO ADMINISTER THE
WORKS PROGRAM
, THE STATE DEPARTMENT IS STRONGLY ENCOURAGED TO
REQUEST STATE GENERAL FUND MONEY OR
, IF THE BALANCE OF THE STATE
TANF RESERVE IS GREATER THAN THE MANDATORY FLOOR , APPROPRIATE
ADDITIONAL STATE
TANF MONEY TO FUND COUNTIES' ADMINISTRATION OF
THE WORKS PROGRAM
.
(3) B
EGINNING JANUARY 2023, AND EACH JANUARY THEREAFTER,
THE STATE DEPARTMENT SHALL SUBMIT A REPORT TO THE HOUSE OF
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES
COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE
,
OR THEIR SUCCESSOR COMMITTEES , AS PART OF ITS "STATE MEASUREMENT
FOR
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
G
OVERNMENT ACT" PRESENTATION REQUIRED BY SECTION 2-7-203, ON THE
EFFECTIVENESS OF THE WORKS PROGRAM
. TO THE EXTENT PRACTICABLE,
THE STATE DEPARTMENT MAY REQUEST A COUNTY DEPARTMENT TO PROVIDE
ANY INFORMATION AND DATA THAT MAY BE NECESSARY TO DEVELOP THE
PAGE 10-HOUSE BILL 22-1259 REPORT, INCLUDING INFORMATION AND DATA FROM EXIT INTERVIEWS
CONDUCTED BY THE COUNTY DEPARTMENTS PURSUANT TO SUBSECTION
(1)
OF THIS SECTION. ANY DATA USED MUST PROTECT PERSONAL IDENTIFYING
INFORMATION OF THE PARTICIPANTS AND THE PARTICIPANTS
' FAMILY
MEMBERS
. AT A MINIMUM, THE REPORT MUST INCLUDE:
(a) T
HE TOTAL NUMBER OF PARTICIPANTS ENROLLED IN THE WORKS
PROGRAM IN THE PREVIOUS FISCAL YEAR
, DISAGGREGATED BY CASE TYPE ,
RACE, AND ETHNICITY;
(b) T
HE TOTAL NUMBER OF PARTICIPANTS WHO EXITED AND
RE
-ENROLLED IN THE WORKS PROGRAM ONE OR MORE TIMES IN THE
PREVIOUS FISCAL YEAR
, DISAGGREGATED BY CASE TYPE , RACE, AND
ETHNICITY
;
(c) T
HE TOTAL NUMBER OF INSTANCES A PARTICIPANT EXITED AND
RE
-ENROLLED IN THE WORKS PROGRAM ONE OR MORE TIMES IN THE
PREVIOUS FISCAL YEAR
, DISAGGREGATED BY CASE TYPE , RACE, AND
ETHNICITY
;
(d) T
HE TOTAL NUMBER OF MONTHS EACH PARTICIPANT REMAINED
ENROLLED IN THE WORKS PROGRAM IN THE PREVIOUS FISCAL YEAR
,
DISAGGREGATED BY CASE TYPE , RACE, AND ETHNICITY; AND
(e) TO THE EXTENT PRACTICABLE , DATA GATHERED THROUGH
SURVEYS AND EXIT INTERVIEWS WITH PARTICIPANTS IN THE WORKS
PROGRAM REGARDING PARTICIPANTS
' EXPERIENCE WITH THE PROGRAM ,
BELIEFS ABOUT THE GOALS OF THE PROGRAM , PERCEPTIONS OF HOW
PARTICIPATION IN THE PROGRAM CONTRIBUTED TO THE FAMILY GOALS
,
REASONS FOR LEAVING THE PROGRAM , CURRENT EMPLOYMENT STATUS AND
WAGE RATE
, AND SUPPORTIVE SERVICES PROVIDED AND WHETHER THOSE
SERVICES HAVE BEEN IMPACTED BY INCREASES IN BASIC CASH ASSISTANCE
.
(4) T
HE STATE DEPARTMENT MAY REVIEW AND CONSIDER
INFORMATION TECHNOLOGY SOLUTIONS FOR THE IMPLEMENTATION OF THIS
SECTION
.
SECTION 8. In Colorado Revised Statutes, 26-2-711, amend (1)(a)
introductory portion, (1)(a)(II), and (1)(a)(III) as follows:
PAGE 11-HOUSE BILL 22-1259 26-2-711. Works program - sanctions against participants -
rules. (1) (a) The state board shall promulgate rules for the imposition of
sanctions affecting the basic cash assistance grant as described in section
26-2-709 (1). The rules shall
MUST require:
(II) A percentage reduction in the basic CASH assistance grant upon
the first imposition of a sanction affecting such A basic CASH assistance
grant, with the percentage AMOUNT to be specified in the rules but not less
than twenty-five percent TO EXCEED ONE DOLLAR;
(III) Specific reductions in the basic
CASH assistance grant for
second and subsequent sanctions affecting the basic
CASH assistance grant;
SECTION 9. In Colorado Revised Statutes, 26-2-714, amend (2);
and add (11) as follows:
26-2-714. County block grants formula - use of moneys - rules.
(2) Subject to available appropriations, in state fiscal year 2009-10 and in
each fiscal year thereafter, the state department, with input from the works
allocation committee, shall set the amount of the county block grants based
on demographic and economic factors within the counties,
INCLUDING THE
AMOUNT A COUNTY SPENDS ON BASIC CASH ASSISTANCE GRANTS AND THE
COUNTY
'S TANF RESERVE BALANCE.
(11) T
HE WORKS ALLOCATION COMMITTEE SHALL :
(a) R
EVIEW, AT LEAST QUARTERLY, THE BALANCE OF THE COLORADO
LONG
-TERM WORKS RESERVE , THE BALANCE OF THE TOTAL STATEWIDE
COUNTY
TANF RESERVE, AND THE AMOUNT OF BASIC CASH ASSISTANCE
GRANTS PROVIDED TO PARTICIPANTS TO MONITOR WHETHER THE BALANCE
OF THE
COLORADO LONG-TERM WORKS RESERVE WILL FALL BELOW
TWENTY
-FIVE PERCENT OF THE STATE BLOCK GRANT AMOUNT , AND
WHETHER THE BALANCE OF THE TOTAL STATEWIDE COUNTY
TANF RESERVE
WILL FALL BELOW FIFTEEN PERCENT OF THE COUNTY BLOCK GRANT AMOUNT
;
(b) S
UBMIT A WRITTEN REPORT TO THE JOINT BUDGET COMMITTEE
DETAILING THE CURRENT
COLORADO LONG-TERM WORKS RESERVE LEVEL ,
THE TOTAL STATEWIDE COUNTY TANF RESERVE LEVEL AS A WHOLE AND BY
COUNTY
, AND ANY PROJECTIONS REGARDING DEFICITS IN THE RESERVES ;
AND
PAGE 12-HOUSE BILL 22-1259 (c) ESTABLISH A MITIGATION FUND FOR COUNTIES WHOSE TANF
RESERVES FALL BELOW FIFTEEN PERCENT OF THE COUNTY 'S BLOCK GRANT
AMOUNT
.
SECTION 10. In Colorado Revised Statutes, 26-2-720.5, amend
(3) as follows:
26-2-720.5. County block grant support fund - created. (3) (a) A
county that meets the criteria established by the state department and the
works allocation committee pursuant to subsection (2) of this section may
request moneys
MONEY from the county block grant support fund. Priority
shall be given to any county that exhausts all moneys MONEY available in
the county's block grant for the Colorado works program for that fiscal year.
(b) A
COUNTY THAT IS PROJECTED TO EXHAUST ALL MONEY
AVAILABLE IN THE COUNTY
'S TANF RESERVE AND FACES A LOCAL OR
STATEWIDE NATURAL DISASTER OR OTHER EMERGENCY MAY REQUEST
MONEY FROM THE COUNTY BLOCK GRANT SUPPORT FUND
. THE STATE
DEPARTMENT
, WITH INPUT FROM THE WORKS ALLOCATION COMMITTEE ,
SHALL DEVELOP CRITERIA AND PROCEDURES TO INCLUDE USE OF THE FUND
IN CIRCUMSTANCES OF A NATURAL DISASTER OR OTHER EMERGENCY
.
SECTION 11. In Colorado Revised Statutes, 26-2-721, amend (1)
and (3); and add (5) as follows:
26-2-721. Colorado long-term works reserve - creation - use.
(1) There is hereby created the Colorado long-term works reserve, referred
to in this section as the "reserve", that shall consist
CONSISTS of
unappropriated TANF block grant moneys MONEY, state general fund
moneys MONEY appropriated thereto by the general assembly, INCLUDING
AMOUNTS APPROPRIATED PURSUANT TO SUBSECTION
(5) OF THIS SECTION,
and moneys
MONEY transferred thereto pursuant to sections 26-2-714 (5)(a),
26-2-716 (4)(b), 26-2-720.5 (1), and 26-2-721.3 (1). A county's excess
unspent TANF reserves that are transferred to another county pursuant to
section 26-2-714 (5)(a)(I)(B) or (5)(a)(I)(C) shall not be considered
unappropriated TANF block grant moneys for purposes of this section. Any
excess unspent TANF reserves for state fiscal year 2009-10 shall be
IS
excluded from the Colorado long-term works reserve and shall be IS
available for transfer to a county pursuant to section 26-2-714 (5)(a)(I)(B).
PAGE 13-HOUSE BILL 22-1259 (3) Prior to requesting any appropriations from the reserve
PURSUANT TO SUBSECTION (2) OF THIS SECTION for the purpose of making
transfers, the state department shall consult with counties and provide
information to the joint budget committee for the purposes of ensuring that
all transfers of TANF funds do not exceed the federal limits for transfers
and ensuring that the needs of counties to make transfers authorized
pursuant to section 26-2-714 (7) and (9) are considered.
(5) (a) N
OTWITHSTANDING ANY PROVISION OF SECTION 38-13-801,
BEGINNING STATE FISCAL YEAR 2023-24, THE GENERAL ASSEMBLY MAY
APPROPRIATE MONEY FROM THE UNCLAIMED PROPERTY TRUST FUND
,
CREATED IN SECTION 38-13-801, TO THE RESERVE IF, BASED ON THE MOST
RECENT FORECAST
, THE STATE IS NOT PROJECTED TO EXCEED THE STATE
FISCAL YEAR SPENDING LIMIT IMPOSED BY SECTION
20 OF ARTICLE X OF THE
STATE CONSTITUTION FOR THE STATE FISCAL YEAR
. THE AMOUNT
APPROPRIATED FOR A STATE FISCAL YEAR SHALL NOT EXCEED THE AMOUNT
NECESSARY TO COVER TWO
-THIRDS OF THE AMOUNT NECESSARY TO COVER
THE INCREASE IN BASIC CASH ASSISTANCE SPECIFIED IN SECTION
26-2-709
(1)(b)(III)(A). T
HE MONEY APPROPRIATED TO THE RESERVE UNDER THIS
SUBSECTION
(5)(a) SHALL NOT BE APPROPRIATED FOR THE PURPOSES SET
FORTH IN SUBSECTION
(2) OF THIS SECTION.
(b) N
OTWITHSTANDING SUBSECTION (2) OF THE SECTION, THE
GENERAL ASSEMBLY MAY APPROPRIATE MONEY FROM THE RESERVE THAT
WAS APPROPRIATED THERETO UNDER SUBSECTION
(5)(a) OF THIS SECTION
TO THE STATE DEPARTMENT FOR THE PURPOSE OF COVERING TWO
-THIRDS OF
THE AMOUNT OF THE INCREASE IN BASIC CASH ASSISTANCE SPECIFIED IN
SECTION
26-2-709 (1)(b)(III)(A).
(c) O
N MARCH 1, 2024, AND MARCH 1 OF EACH YEAR THEREAFTER,
THE STATE TREASURER SHALL NOTIFY THE JOINT BUDGET COMMITTEE OF THE
AMOUNT AVAILABLE IN THE UNCLAIMED PROPERTY TRUST FUND THAT IS
PROJECTED TO BE AVAILABLE IN THE NEXT STATE FISCAL YEAR
.
(d) A
S USED IN SUBSECTION (5)(a) OF THIS SECTION, "MOST RECENT
FORECAST
" MEANS THE MOST RECENT ECONOMIC AND REVENUE FORECAST
PREPARED BY LEGISLATIVE COUNCIL STAFF AS OF THE DATE OF THE
INTRODUCTION OF A BILL THAT APPROPRIATES MONEY TO THE DEPARTMENT
OF HUMAN SERVICES PURSUANT TO THIS SECTION FROM THE UNCLAIMED
PROPERTY TRUST FUND CREATED IN SECTION
38-13-801.
PAGE 14-HOUSE BILL 22-1259 SECTION 12. In Colorado Revised Statutes, add 26-2-725 as
follows:
26-2-725. Outreach and engagement plan - family voice
participation. (1) N
O LATER THAN SEPTEMBER 30, 2022, THE STATE
DEPARTMENT SHALL DEVELOP AN OUTREACH AND ENGAGEMENT PLAN TO
PROMOTE ACCESS TO THE
COLORADO WORKS PROGRAM FOR ELIGIBLE
PERSONS
.
(2) T
HE STATE DEPARTMENT SHALL PARTNER WITH COUNTIES AND
NONPROFIT ORGANIZATIONS WHEN DEVELOPING AND IMPLEMENTING THE
OUTREACH AND ENGAGEMENT PLAN AND SHALL INCORPORATE FEEDBACK
FROM CURRENT AND FORMER PARTICIPANTS TO ENSURE PARTICIPANTS ARE
INFLUENTIAL STAKEHOLDERS IN THE PROCESS
.
(3) A
T A MINIMUM, THE OUTREACH AND ENGAGEMENT PLAN MUST
INCLUDE SPECIFIC STRATEGIES FOR
:
(a) O
UTREACH TO MONOLINGUAL , NON-ENGLISH SPEAKING
COMMUNITIES AND FAMILIES
, INCLUDING A LINGUISTICALLY DIVERSE
WEBSITE AND TRANSLATION OF OTHER MATERIALS THAT INCLUDE
INFORMATION ABOUT THE WORKS PROGRAM IN THE SEVEN MOST COMMON
LANGUAGES SPOKEN IN EACH COUNTY OF THE STATE
;
(b) D
EVELOPING CULTURALLY APPROPRIATE MESSAGING ;
(c) S
HARING INFORMATION ABOUT THE SERVICES AND SUPPORTS
AVAILABLE AND PARTICIPANTS
' RIGHTS AND RESPONSIBILITIES UNDER THE
WORKS PROGRAM
;
(d) H
OW TO APPEAL IF REDETERMINATION IS DENIED ;
(e) C
ONFIDENTIALITY PROTECTIONS FOR APPLICANTS AND
PARTICIPANTS
; AND
(f) OUTREACH THROUGH A VARIETY OF SETTINGS , INCLUDING BUT
NOT LIMITED TO
SOCIAL MEDIA, SCHOOLS, CHILD CARE CENTERS, FOOD
BANKS
, LIBRARIES, FEDERALLY QUALIFIED HEALTH CENTERS, HOME VISITING
PROGRAMS
, MOBILE HOME PARKS, HEAD START AND EARLY HEAD START
CENTERS
, AND MOBILE SITES.
PAGE 15-HOUSE BILL 22-1259 (4) THE STATE DEPARTMENT SHALL :
(a) R
EQUIRE THAT COUNTY STAFF WORKING WITH APPLICANTS AND
PARTICIPANTS RECEIVE COMPREHENSIVE TRAINING REGARDING THE WORKS
PROGRAM
. THE TRAINING MUST INCLUDE TRAUMA -INFORMED APPROACHES
TO INTERACTING WITH PARTICIPANTS
, CONSISTENCY IN COMMUNICATING
INFORMATION ABOUT CHILD CARE ACCESS AND ASSISTANCE
, THE ALIGNMENT
OF A PARTICIPANT
'S WORK REQUIREMENTS WITH CHILD CARE ACCESS AND
FAMILY MEDICAL NEEDS
, THE FULL SCOPE OF OPTIONS FOR THE PARTICIPANT
TO MEET WORK AND EDUCATION REQUIREMENTS IN ALIGNMENT WITH THE
PARTICIPANT
'S GOALS, AND THE AVAILABILITY OF SUPPORT SERVICES FOR
FAMILIES
.
(b) D
EVELOP TOOLKITS, MANUALS, AND OTHER MATERIALS FOR
COUNTY STAFF
, APPLICANTS, AND PARTICIPANTS THAT INCLUDE
INFORMATION ABOUT CHILD CARE ACCESS AND ASSISTANCE
, THE ALIGNMENT
OF A PARTICIPANT
'S WORK REQUIREMENTS WITH CHILD CARE ACCESS , THE
FULL SCOPE OF OPTIONS FOR THE PARTICIPANT TO MEET WORK AND
EDUCATION REQUIREMENTS IN ALIGNMENT WITH THE PARTICIPANT
'S GOALS,
AND THE AVAILABILITY OF SUPPORT SERVICES FOR FAMILIES ;
(c) P
ARTNER WITH COUNTIES, NONPROFIT ORGANIZATIONS , AND
PARTICIPANTS TO DEVELOP CULTURALLY
AND LINGUISTICALLY APPROPRIATE
MESSAGING AND ENSURE THAT APPLICANTS AND PARTICIPANTS HAVE ACCESS
TO SUFFICIENT SUPPORTS AND COMMUNICATION IN THE SEVEN MOST
COMMON LANGUAGES SPOKEN IN EACH C OUNTY OF THE STATE
, OR, IN THE
INSTANCE OF A MONOLINGUAL SPEAKER OF A LANGUAGE OTHER THAN THE
SEVEN MOST COMMON LANGUAGES
, USE BEST EFFORTS TO PROVIDE
SUPPORTS AND COMMUNICATION IN THE LANGUAGE SPOKEN BY THE
INDIVIDUAL
;
(d) E
NSURE ADEQUATE AND MEANINGFUL REPRESENTATION BY ,
FEEDBACK FROM , OR ENGAGEMENT WITH CURRENT AND FORMER
PARTICIPANTS WHEN MAKING DECISIONS AND RECOMMENDATIONS
REGARDING THE WORKS PROGRAM
, INCLUDING DURING ANY RULE-MAKING
OR REGULATORY PROCESS AND OTHER POLICY CHANGES THAT IMPACT
RECIPIENTS
. TO THE EXTENT POSSIBLE, THE STATE DEPARTMENT SHALL
ENSURE THAT PARTICIPANTS INVOLVED PURSUANT TO THIS SUBSECTION
(4)(d) ARE DIVERSE WITH REGARD TO RACE , ETHNICITY, AGE, ABILITY,
SEXUAL ORIENTATION, GENDER IDENTITY, AND GEOGRAPHY AND THAT
PAGE 16-HOUSE BILL 22-1259 PARTICIPANT FEEDBACK HAS A GENUINE OPPORTUNITY TO INFLUENCE
SUBSTANTIAL CHANGES TO THE WORKS PROGRAM
. THE STATE DEPARTMENT
MAY UTILIZE ANY ESTABLISHED COUNCILS AT THE STATE AND LOCAL LEVEL
THAT HAVE CURRENT AND FORMER PARTICIPANTS REPRESENTED OR
APPOINTED TO COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION
(4)(d). TO THE EXTENT POSSIBLE, THE STATE DEPARTMENT SHALL CONSIDER
REIMBURSING PARTICIPANTS INVOLVED PURSUANT TO THIS SUBSECTION
(4)(d) FOR TRAVEL EXPENSES AND A TTENDANT AND DEPE NDENT CARE .
(5) B
EGINNING JANUARY 2023, AND EACH JANUARY THEREAFTER,
THE STATE DEPARTMENT SHALL INCLUDE INFORMATION ON THE
IMPLEMENTATION OF THE REQUIREMENTS IN THIS SECTION IN ITS REPORT TO
THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND
HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN
SERVICES COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES , AS PART OF ITS
"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
TRANSPARENT (SMART) GOVERNMENT ACT" PRESENTATION REQUIRED BY
SECTION
2-7-203.
(6) T
HE STATE DEPARTMENT MAY REVIEW AND CONSIDER
INFORMATION TECHNOLOGY SOLUTIONS FOR THE IMPLEMENTATION OF THIS
SECTION
.
SECTION 13. In Colorado Revised Statutes, 38-13-801, amend
(2)(d)(III) and (2)(d)(IV); and add (2)(d)(V) as follows:
38-13-801. Unclaimed property trust fund - creation - payments
- interest - appropriations - records - rules. (2) (d) The following
amounts constitute fiscal year spending for purposes of section 20 of article
X of the state constitution:
(III) Any money that is credited to the housing development grant
fund created in section 24-32-721 (1) as required by subsection (3.5) of this
section; and
(IV) Any money that is transferred to the general fund as required
by subsection (5) of this section;
AND
(V) ANY MONEY APPROPRIATED TO THE COLORADO LONG-TERM
WORKS RESERVE CREATED IN SECTION
26-2-721 IN ACCORDANCE WITH
PAGE 17-HOUSE BILL 22-1259 SUBSECTION (5) OF THE SECTION.
SECTION 14. Appropriation. For the 2022-23 state fiscal year,
$3,500,000 is appropriated to the department of human services for use by
the office of economic security. This appropriation is from the economic
recovery and relief cash fund created in section 24-75-228, C.R.S., and is
of money the state received from the federal coronavirus state fiscal
recovery fund. To implement this act, the office may use this appropriation
for the employment opportunities with wages program. Any money
appropriated in this section not expended prior to July 1, 2023, is further
appropriated to the office from July 1, 2023, through December 30, 2024,
for the same purpose.
SECTION 15. Appropriation. (1) For the 2022-23 state fiscal
year, $9,849,303 is appropriated to the department of human services. This
appropriation is from the Colorado long-term works reserve created in
section 26-2-721 (1), C.R.S. To implement this act, the department may use
this appropriation as follows:
(a) $382,903 for use by the office of economic security for
administration related to the employment and benefits division, which
amount is based on an assumption that the division will require an
additional 5.0 FTE;
(b) $8,400,000 for use by the office of economic security for county
block grants; and
(c) $1,066,400 for use by the office of economic security for
operating and contract expenses related to the Colorado benefits
management system.
(2) For the 2022-23 state fiscal year, $1,066,400 is appropriated to
the office of the governor for use by the office of information technology.
This appropriation is from reappropriated funds received from the
department of human services under subsection (1)(c) of this section. To
implement this act, the office may use this appropriation to provide
information technology services for the department of human services.
SECTION 16. Safety clause. The general assembly hereby finds,
PAGE 18-HOUSE BILL 22-1259 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 19-HOUSE BILL 22-1259