(1)
(a) The state department is hereby designated as the single state agency to administer or
supervise the administration of public assistance programs in this state in cooperation with the
federal government pursuant to the social security act and this article. The state department shall
establish public assistance programs consisting of assistance payments and social services to be
made available to eligible individuals, including but not limited to old age pensions, the
Colorado works program, aid to the needy disabled, and aid to the blind.
(b) The state department may review any decision of a county department and may
consider any application upon which a decision has not been made by the county department
within a reasonable time to determine the propriety of the action or failure to take timely action
on an application for public assistance. The state department shall make such additional
investigation as it deems necessary and shall, after giving the county department an opportunity
to rebut any findings or conclusions of the state department that the action or delay in taking
action was a violation of or contrary to state department rules, make such decision as to the
granting of assistance payments and the amount thereof as in its opinion is justifiable pursuant to
the provisions of this article and the rules of the state department. Applicants or recipients
affected by such decisions of the state department, upon request, shall be given reasonable notice
and opportunity for a fair hearing by the state department.
(c) (I) Notwithstanding any other provision of law, a state, local, or tribal government
may use any data or information in its possession to automatically enroll, or send a notice of
potential eligibility to enroll to, any individual or household regarding any benefit program.
(II) Notwithstanding any other provision of law, a state, local, or tribal government may
request an individual or household attest to receiving support from a benefit program or
otherwise provide proof of the individual's or household's enrollment in any benefit program
with the same or more restrictive enrollment requirements as evidence to enroll an individual or
household in any other benefit program.
(III) For the purposes of this subsection (1)(c), unless the context otherwise requires:
(A) "Benefit program" means any federally, state, or locally funded program intended to
provide assistance or support to an individual or household. "Benefit program" does not include
monetary assistance or support that is claimed by an individual or household when filing an
income tax return.
(B) "State, local, or tribal government" means the state, a municipality, county, city and
county, or federally recognized tribal nation with land inside of the state.
(2) (a) (I) 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 allows clients eligible for food stamps access to food items through the
use of point-of-sale terminals at retail outlets.
(II) Only those businesses that offer products or services related to the purpose of the
public assistance benefits are 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:
(A) Licensed gaming establishments as defined in section 44-30-103 (18), in-state
simulcast facilities as defined in section 44-32-102 (11), tracks for racing as defined in section
44-32-102 (24), or commercial bingo facilities as defined in section 24-21-602 (11);
(B) Stores or establishments in which the principal business is the sale of firearms;
(C) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to
part 3 of article 3 of title 44; except that the prohibition in this subsection (2)(a)(II)(C) does not
apply to establishments licensed as liquor-licensed drugstores under section 44-3-410;
(D) Establishments licensed to sell medical marijuana or medical marijuana products or
retail marijuana or retail marijuana products pursuant to article 10 of title 44; except that the
prohibition for these establishments does not take effect until sixty days after May 1, 2015; or
(E) Establishments that provide adult-oriented entertainment in which performers
disrobe or perform in an unclothed state for entertainment; except that the prohibition for these
establishments does not take effect until sixty days after May 1, 2015.
(II.5) As soon as possible after May 1, 2015, the state department shall notify the
establishments described in sub-subparagraphs (D) and (E) of subparagraph (II) of this
paragraph (a) of the prohibition contained in those sub-subparagraphs.
(III) 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 is 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 2. 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 must 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 must 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 human or social services to charge a fee to a client to cover the costs related to issuing a
replacement electronic benefits transfer card.
(IV) When the owner of an automated teller machine located in an establishment
described in subparagraph (II) of this paragraph (a) moves the machine to a location not so
described, the owner shall reprogram the machine to allow public assistance recipients to access
the machine.
(b) The state board is authorized to promulgate rules necessary to implement and
administer the electronic benefits transfer service created in this subsection (2). Such rules shall
be promulgated in accordance with article 4 of title 24, C.R.S.
(c) The state department is authorized to request federal waivers as necessary to
administer the electronic benefits transfer service.
(d) to (f) Repealed.
(g) On or before January 1, 2016, the state department shall adopt rules pursuant to the
"State Administrative Procedure Act", article 4 of title 24, C.R.S., to enforce the prohibition of
clients accessing benefits at an automated teller machine located in an establishment described in
paragraph (a) of this subsection (2) or any other establishment in which a client is prohibited
from accessing benefits by federal law. The rules must include increasing penalties for multiple
violations.
(h) (I) On or before January 1, 2016, the department of revenue shall adopt rules
pursuant to the "State Administrative Procedure Act", article 4 of title 24, that relate to a client's
use of automated teller machines at locations where the use is prohibited. The rules must apply
to the following establishments:
(A) Licensed gaming establishments as defined in section 44-30-103 (18); in-state
simulcast facilities as defined in section 44-32-102 (11); and tracks for racing as defined in
section 44-32-102 (24);
(B) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to
part 3 of article 3 of title 44, excluding establishments licensed as liquor-licensed drugstores
under section 44-3-410;
(C) Establishments licensed to sell medical marijuana or medical marijuana products or
retail marijuana or retail marijuana products pursuant to article 10 of title 44; and
(D) Any other establishments regulated by the department of revenue at which a client is
prohibited from accessing public benefits pursuant to federal law.
(II) The rules adopted pursuant to subparagraph (I) of this paragraph (h) must include:
(A) A requirement that the operator of any establishment described in subparagraph (I)
of this paragraph (h) at which an automated teller machine is located post a sign on or near the
automated teller machine notifying clients that this section prohibits the use of an electronic
benefits service transfer card at the machine. The sign must contain the following statement:
The use of an electronic benefits transfer service ("EBT") card to access public benefits at this
machine is prohibited by Colorado law, section 26-2-104, Colorado Revised Statutes.
(B) A requirement that the operator of any establishment described in subparagraph (I)
of this paragraph (h) at which an automated teller machine is located take measures to prevent a
client from using an electronic benefits transfer service card to access moneys from such an
automated teller machine;
(C) Methods to enforce the requirement of sub-subparagraph (B) of this subparagraph
(II) against the operator of the establishment including increasing penalties for multiple
violations; and
(D) A provision that any establishment described in subparagraph (I) of this paragraph
(h) is exempt from the requirements of the rules adopted pursuant to sub-subparagraphs (A) to
(C) of this subparagraph (II) if the establishment provides to the department of revenue a
statement from the owner or operator of each automated teller machine located within the
establishment verifying that the machine does not accept electronic benefits transfer service
cards; except that, if one or more violations of subparagraph (II) of paragraph (a) of this
subsection (2) occur at any such establishment, the department of revenue may take measures to
prevent future violations, including increasing penalties for multiple violations, not to exceed
one hundred dollars per violation.‹ Prev All Colorado sections Next ›
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