Colorado § 26-2-111.8 - Eligibility of noncitizens for public assistance.

§ 26-2-111.8. Eligibility of noncitizens for public assistance.

(1) (a) The general assembly hereby finds and declares that passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, requires the states to make certain decisions concerning qualified aliens and their eligibility for certain types of public assistance.

(b) The goal of this section is to recognize that foreign-born legal residents of the state of Colorado contribute to our society by working in our communities, supporting local businesses, and paying taxes and should receive certain types of public assistance for certain types of situations. Moreover, the state goal is to provide the types of assistance that will enhance the state's ability to receive federal financial participation, thereby reducing the ultimate burden on the state and local government for emergency health and welfare needs.

(c) This section is also intended to encourage and support efforts to help foreign-born legal residents of the state of Colorado to become citizens of the United States.

(2) (a) Entry requirements. A qualified alien who entered the United States before August 22, 1996, and who meets the eligibility criteria specified for a particular public assistance program shall be eligible to receive public assistance under the following programs as described in this article:

(I) The Colorado works program;

(II) The old age pension;

(III) Aid to the needy disabled; or

(IV) Aid to the blind.

(b) Five-year bar on receipt of benefits. A qualified alien who entered the United States on or after August 22, 1996, shall be barred from receiving the benefits described in paragraph (a) of this subsection (2) for a period of five years after the date of entry into the United States, unless he or she meets the exceptions set forth in the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, as amended.

(c) Deeming of sponsor income and resources. After five years, a qualified alien described in paragraph (b) of this subsection (2) shall be eligible for benefits under this article, but shall have sponsor income and resources deemed to the individual or family under rules established by the state department pursuant to section 26-2-137 (2).

(3) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 952, § 2, effective July 1, 2010.)

(3.5) For benefits provided on and after January 1, 2014, the state department may pursue repayment from the qualified alien's sponsor for old age pension benefits provided to the qualified alien during the time that the sponsorship affidavit of support is in effect as determined by United States citizenship and immigration services, or its successor agency.

(4) A qualified alien may receive benefits under section 26-2-122.3 pursuant to rules promulgated by the state department.

(5) Repealed.

(5.5) The county departments responsible for administering benefits programs under the department of health care policy and financing and the department of human services shall identify and review all current county guidance materials, including forms, training materials, websites, and any other materials that reference a prohibition on sponsorship as a condition of eligibility for benefits and shall remove all such references from verbal and digital communications and from all physical materials currently provided to applicants or beneficiaries.

(6) The state department shall encourage a qualified alien who is eligible to submit an application for citizenship to submit such an application.

Source: L. 97: Entire section added, p. 1252, § 3, effective July 1. L. 2010: (1), (2), (3), (4), and (5) amended, (HB 10-1384), ch. 218, p. 952, § 2, effective July 1; (4) amended, (HB 10-1422), ch. 419, p. 2116, § 154, effective August 11; (3.5) added, (HB 10-1384), ch. 218, p. 955, § 5, effective January 1, 2014. L. 2017: (3.5) amended, (SB 17-294), ch. 264, p. 1410, § 94, effective May 25. L. 2023: (5) repealed and (5.5) added, (HB 23-1117), ch. 65, p. 232, § 4, effective August 7.

Editor's note: (1) Subsection (4) was amended in House Bill 10-1422, effective August 11, 2010. However, those amendments were superseded by the amendment of subsection (4) in House Bill 10-1384, effective July 1, 2010.

(2) Section 7 of chapter 218, Session Laws of Colorado 2010, provides that subsection (3.5) is effective upon the earlier of January 1, 2014, or the date upon which the revisor of statutes receives certain notification from the executive director of the department of health care policy and financing. The revisor of statutes did not receive the notification; therefore, subsection (3.5) took effect January 1, 2014.

Cross references: For the legislative declaration in HB 23-1117, see section 1 of chapter 65, Session Laws of Colorado 2023.