Colorado § 26-1-121 - Appropriations - food distribution programs.

§ 26-1-121. Appropriations - food distribution programs.

(1) (a) For carrying out the duties and obligations of the state department and county departments pursuant to this title 26 and for matching federal funds or meeting maintenance of effort requirements as may be available for public assistance and welfare activities in the state, including but not limited to assistance payments, food stamps (except the value of food stamp coupons), social services, child welfare services, rehabilitation, programs for the aging and for veterans, and related activities, the general assembly, pursuant to the constitution and laws of the state of Colorado, shall make adequate appropriations for the payment of the costs, pursuant to the budget prepared by the executive director.

(b) Subject to the provisions of section 26-1-109 (2), if the federal law shall provide federal funds, in cash or in another form such as food stamps, for public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, and child welfare services, not otherwise provided for in this title, the state department is authorized to make such payments or offer such services in accordance with the requirements accompanying said federal funds within the limits of available state appropriations.

(c) When the executive director determines that adequate appropriations for the payment of the costs described in paragraph (a) of this subsection (1) have not been made and that an overexpenditure of an appropriation will occur based upon the state department's estimates, the state board may take actions consistent with state and federal law to bring the rate of expenditure into line with available funds. The general assembly declares that case load and utilization based on medical necessity are legitimate reasons for supplemental funding.

(2) (a) The general assembly shall appropriate from the general fund for the costs of administering assistance payments, food stamps, social services, and other public assistance and welfare functions of the state department and the state's share of the costs of administering those functions by the county departments amounts sufficient for the proper and efficient performance of the duties imposed upon them by law, including a legal advisor appointed by the attorney general. The general assembly shall make two separate appropriations, one for the administrative costs of the state department and another for the administrative costs of the county departments. Any applicable matching federal funds must be apportioned in accordance with the federal regulations accompanying the funds. Any unobligated and unexpended balances of state funds so appropriated remaining at the end of each fiscal year must be credited to the state general fund.

(b) Repealed.

(3) The expenses of training personnel for special skills relating to public assistance and welfare activities, including, but not limited to, assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging, as the expenses are determined and approved by the state department, may be paid from whatever state and federal funds are available for training purposes.

(4) (a) The state department is authorized to charge an administrative fee for commodities delivered to agencies that receive these commodities through food distribution programs authorized by the United States department of agriculture pursuant to 7 CFR 250.1 et seq., as amended, including the "National School Lunch Program", the "Child and Adult Care Food Program", and the "Summer Food Service Program". The department shall collect the administrative fee authorized pursuant to this subsection (4) at least once every calendar year, or when an agency's account reaches a balance of one hundred dollars or more, from agencies that receive commodities from such programs.

(b) All administrative fees collected from agencies pursuant to paragraph (a) of this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the food distribution program service fund, which fund is hereby created and referred to in this paragraph (b) as the "fund". The moneys in the fund shall be continuously appropriated to the state department to defray the cost of administering the food distribution programs specified in paragraph (a) of this subsection (4). Any moneys in the fund not expended for the purpose of administering the food distribution programs specified in paragraph (a) of this subsection (4) may be invested by the state as provided in section 24-36-113, C.R.S. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The fund balances shall comply with any applicable federal laws or regulations. At the end of each fiscal year, any unexpended and unencumbered moneys in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

Source: L. 73: R&RE, p. 1173, § 1. C.R.S. 1963: § 119-1-20. L. 79: Entire section amended, p. 1083, § 7, effective July 1. L. 84: (1)(c) added, p. 792, § 1, effective May 11. L. 93: (1)(a), (1)(b), and (3) amended, p. 1145, § 84, effective July 1, 1994. L. 97: (1)(a) amended, p. 1221, § 7, effective July 1. L. 2005: (4) added, p. 743, § 1, effective June 1. L. 2006: (1)(a), (1)(b), and (3) amended, p. 1991, § 17, effective July 1. L. 2020: (1)(a), (2), and (3) amended, (HB 20-1422), ch. 116, p. 487, § 3, effective June 22. L. 2022: (2) amended, (SB 22-235), ch. 409, p. 2894, § 2, effective June 7; (4)(a) amended, (HB 22-1334), ch. 130, p. 896, § 1, effective August 10. L. 2024: (1)(a), (2)(a), and (3) amended, (HB 24-1407), ch. 81, p. 274, § 2, effective July 1. L. 2026: (2)(b) repealed, (HB 26-1375), ch. 243, p. 1386, § 3, effective May 29.

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. For the legislative declaration in HB 20-1422, see section 1 of chapter 116, Session Laws of Colorado 2020.

ANNOTATION

Former provision held unconstitutional. A requirement that any balances remaining in the administrative account at the end of the biennium commencing July 1, 1937, should be disbursed as the general assembly should direct, to the extent that such balances contained unused money arising from the five percent of the pension fund to be used in payment of administrative expenses, was unconstitutional and void. Davis v. Pensioners Protective Ass'n, 110 Colo. 380, 135 P.2d 142 (1943).

Budget need not describe every medical procedure eligible for reimbursement. Colorado's constitution requires neither the general assembly nor the department of social services to prepare or adopt a budget describing each or any particular medical procedure eligible for reimbursement under the Colorado medical assistance act (article 4 of this title). Dodge v. State Dept. of Soc. Servs., 657 P.2d 969 (Colo. App. 1982).

Applied in Burciaga v. Shea, 187 Colo. 78, 530 P.2d 508 (1974); Rodgers v. Atencio, 43 Colo. App. 268, 608 P.2d 813 (1979).