Colorado § 26-1-102 - Legislative declaration.

§ 26-1-102. Legislative declaration.

(1) The general assembly declares that state and local policymakers and health and human services administrators recognize that the management of and the delivery system for health and human services have become complex, fragmented, and costly and that the health and human services delivery system in this state should be restructured to adequately address the needs of Colorado citizens.

(2) The general assembly further finds and declares that a continuing budget crisis makes it unlikely that funding sources will keep pace with the increasing demands of health and human services.

(3) Therefore, the general assembly finds that it is appropriate to restructure the principal departments responsible for overseeing the delivery of health and human services and to reform the state's health and human services delivery system, using guiding principles and within the time frames set forth in article 1.7 of title 24, C.R.S. It is the general assembly's intent that the departments of public health and environment, health care policy and financing, and human services be operational, effective July 1, 1994.

Source: L. 73: R&RE, p. 1160, § 1. C.R.S. 1963: § 119-1-2. L. 77: Entire section amended, p. 1321, § 1, effective July 1. L. 79: (1) amended, p. 1080, § 1, effective July 1. L. 91: Entire section amended, p. 1895, § 3, effective July 1. L. 93: Entire section amended, p. 1103, § 17, effective July 1, 1994.

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.

ANNOTATION

Code funding scheme constitutional. The counties retain sufficient control over the funds raised by levy under the code to be deemed the taxing authorities so that, since the levies fall uniformly upon the same class of property within each county, the funding scheme does not violate the constitutional provision requiring uniformity of taxation. State Dept. of Soc. Servs. v. Bd. of County Comm'rs, 697 P.2d 1 (Colo. 1985).

Financing provisions of social services code not violative of equal protection because a rational relationship exists between the requirement that local entities must support a portion of the costs of programs serving the disadvantaged within their localities and the purposes of the code. State Dept. of Soc. Servs. v. Bd. of County Comm'rs, 697 P.2d 1 (Colo. 1985).

The social services system is a matter of statewide concern, rather than local or municipal concern. Dempsey v. City & County of Denver, 649 P.2d 726 (Colo. App. 1982).

County is agent of state board. The legislative scheme embodied in the Colorado social services code contemplates the county being an agent of the state board of social services rather than a separate entity of sufficient independent identity to qualify as a "party". Bd. of County Comm'rs v. State Bd. of Soc. Servs., 186 Colo. 435, 528 P.2d 244 (1974).

For discussion of history of Colorado welfare programs and current public assistance financing scheme, see State Dept. of Soc. Servs. v. Bd. of County Comm'rs, 697 P.2d 1 (Colo. 1985).

Applied in Nadeau v. Merit Sys. Council for County Depts. of Soc. Servs., 36 Colo. App. 362, 545 P.2d 1061 (1975); Dodge v. State Dept. of Soc. Servs., 657 P.2d 969 (Colo. App. 1982).