Colorado § 8-3.7-108 - Refugee services program - transfer to ONA - state plan - rules.

§ 8-3.7-108. Refugee services program - transfer to ONA - state plan - rules.

(1) (a) (I) On and after October 1, 2024, the rights, powers, duties, and functions regarding the Colorado refugee services program vested in the department of human services prior to said date are transferred from the department of human services to the ONA, and the ONA shall execute, administer, perform, and enforce the rights, powers, duties, and functions regarding the CRSP on and after said date. By April 1, 2024, the department of labor and employment and the department of human services shall enter into an interagency agreement to facilitate the logistics of contracting and the transfer of the CRSP to the ONA.

(II) (A) As of October 1, 2024, employees of the department of human services prior to said date whose powers, duties, and functions concerned the powers, duties, and functions regarding the Colorado refugee services program that are assumed by the ONA pursuant to subsection (1)(a)(I) of this section and whose employment in the ONA is deemed necessary by the director of the ONA to carry out the purposes of the CRSP are transferred to the ONA and become employees of the ONA.

(B) Any employees transferred to the ONA pursuant to this subsection (1)(a)(II) who are classified employees in the state personnel system retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their service is deemed to have been continuous. Any transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.

(III) As of October 1, 2024, all items of real and personal property of the department of human services, including office furniture and fixtures, books, documents, and records, pertaining to the duties and functions of the CRSP transferred pursuant to this section are transferred to the ONA and become the property of the ONA.

(IV) As of October 1, 2024, whenever the department of human services or department is referred to or designated by any contract or other document in connection with the duties and functions transferred to the ONA, such reference or designation is deemed to apply to the ONA. All contracts entered into by the department of human services prior to October 1, 2024, in connection with the duties and functions transferred to the ONA are hereby validated, with the ONA succeeding to all rights and obligations under such contracts. As of October 1, 2024, any cash funds, custodial funds, trusts, grants, and appropriations of funds from prior state fiscal years open to satisfy obligations incurred under such contracts are transferred and appropriated to the department for allocation to the ONA for the payment of such obligations. In the event the federal department of health and human services will not transfer contracts that are open as of October 1, 2024, the department of human services shall continue to administer those contracts through an interagency agreement with the ONA until the contract period is concluded or funds are liquidated, whichever occurs first.

(V) On and after October 1, 2024, unless otherwise specified, whenever any provision of law refers to the department of human services in connection with the duties and functions transferred to the ONA, such law must be construed as referring to the ONA.

(VI) As of October 1, 2024, all rules and orders of the department of human services adopted in connection with the powers, duties, and functions transferred to the ONA continue to be effective until revised, amended, repealed, or nullified pursuant to law.

(b) The ONA shall administer the Colorado refugee services program in accordance with the state plan approved by the federal office of refugee resettlement within the federal department of health and human services pursuant to the federal act.

(2) The ONA is the single state agency responsible for the development, review, and administration of the state plan.

(3) The CRSP must provide the following, in accordance with the federal act and the state plan:

(a) Refugee cash assistance;

(b) Refugee medical assistance;

(c) Refugee social services, which may include employment services, employability assessments, English language instruction, vocational training, skills recertification, and case management services related to employment; and

(d) Any other services or assistance consistent with the federal act.

(4) The CRSP may provide other services or assistance to support refugee resettlement and integration.

(5) The ONA shall adopt rules, in accordance with article 4 of title 24, to implement this section.

(6) The general assembly may appropriate funds to the ONA for the administration of the CRSP.

Source: L. 2023: Entire section added with relocations, (HB 23-1283), ch. 293, p. 1764, § 4, effective October 1, 2024.

Editor's note: Subsection (1) is similar to former § 26-2-138 (2)(a); subsection (2) is similar to former § 26-2-138 (2)(b); subsection (3) is similar to former § 26-2-138 (3); subsection (4) is similar to former § 26-2-138 (4); subsection (5) is similar to former § 26-2-138 (5); and subsection (6) is similar to former § 26-2-138 (6), as those sections existed prior to 2023.

Cross references: For the legislative declaration in HB 23-1283, see section 1 of chapter 293, Session Laws of Colorado 2023.

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