CO Code § 26-1-122 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 1 - Department of Human Services|Part 1 - General Provisions|§ 26-1-122. County Appropriations and Expenditures - Advancements - Procedures

     Except as provided in subsection (6) of this section and section 26-1-122.5, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as shall be necessary to defray the county department's twenty percent share of the overall cost of providing the assistance payments, food stamps (except the value of food stamp coupons), and social services activities delivered in the county, including the costs allocated to the administration of each, and shall include in the tax levy for such county the sums appropriated for that purpose. Such appropriation shall be based upon the county social services budget prepared by the county department pursuant to section 26-1-124, after taking into account state advancements provided for in this section.    In the case of a district department, each county forming a part of said district shall appropriate the funds necessary to defray its proportionate share of the costs of assistance payments, food stamps (except the value of food stamp coupons), and social services activities of such individual county based on the ratio set out in paragraph (a) of this subsection (1).    Additional funds shall be made available by the board of county commissioners if the county funds so appropriated prove insufficient to defray the county department's twenty percent share of actual costs for assistance payments, food stamps (except the value of food stamp coupons), and social services activities, including the administrative costs of each.    Under no circumstances shall any county expend county funds in an amount to exceed its twenty percent share of actual costs for assistance payments, food stamps (except the value of food stamp coupons), and social services activities, including the administrative costs of each, except as provided in paragraph (i) of subsection (4) of this section.         The county boards, in accordance with the rules of the state department, shall file requests with the state department for advancement of funds for the program costs of assistance payments, food stamps (except the value of food stamp coupons), and social services and for the administrative costs of each. The state department shall determine the requirements of each county for such program costs and administrative costs, taking into consideration available funds and all pertinent facts and circumstances, and shall certify by voucher to the controller the amounts to be paid to each county. The amounts so certified shall be paid from the state treasury upon voucher of the state department and warrant of the controller and shall be credited by the county treasurer to the county social services fund in accordance with the law and rules of the state department.    For purposes of operating the electronic benefits transfer service as authorized in section 26-2-104 once the service has been fully developed and implemented in any county, the state department shall determine the program costs and administrative costs related to assistance payments and food stamps for each county. Upon implementation of the electronic benefits transfer service in any county, the county share of the program and administrative costs shall either be billed to the county or deducted from appropriate advances to the county or from the county block grant allocation for implementation of the Colorado works program pursuant to part 7 of article 2 of this title. The cost of administering the electronic benefits transfer service shall not exceed the proportional cost per client that would have been paid by counties to issue benefits through the nonelectronic benefits system for the same fiscal year. Any savings that result from the use of the electronic benefits transfer service shall be shared among the state and local governments in proportion to such entities' contribution to the electronic benefits transfer service.         County departments shall keep such records and accounts in relation to the costs of administering assistance payments, the costs of administering food stamps, and the costs of administering social services as the state department shall prescribe by rules. Except as provided in subsection (6) of this section, all administrative costs shall be allocated, under rules of the state department, to either the performance of assistance payments functions, the performance of food stamp functions, or the performance of social services functions.    Except as provided in subsection (6) of this section and section 26-1-122.5, if the county departments are administered in accordance with the policies and rules of the state department for the administration of county departments, eighty percent of the costs of administering assistance payments, food stamps, and social services in the county departments shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose, upon authorization of the state department, but in no event shall the state department authorize expenditures greater than the annual appropriation by the general assembly for the state's share of such administrative costs of the county departments. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.    For purposes of this article, and except as otherwise provided in subsection (6) of this section, under rules of the state department, administrative costs shall include: Salaries of the county director and employees of the county department staff engaged in the performance of assistance payments, food stamps, and social services activities; the county's payments on behalf of such employees for old age and survivors' insurance or pursuant to a county officers' and employees' retirement plan and for any health insurance plan, if approved by the state department; the necessary travel expenses of the county board and the administrative staff of the county department in the performance of their duties; necessary telephone and telegraph; necessary equipment and supplies; necessary payments for postage and printing, including the printing and preparation of county warrants required for the administration of the county department; and such other administrative costs as may be approved by the state department; but advancements for office space, utilities, and fixtures may be made from state funds only if federal matching funds are available.         County departments shall keep such records and accounts in relation to assistance payments program costs and social services program costs as the state department shall prescribe by rules and as may be required in part 7 of article 2 of this title. All program costs shall be allocated, under rules of the state department, to either assistance payments or social services.    Except as provided in paragraph (d) of this subsection (4) and subsection (6) of this section, eighty percent of the amount expended for assistance payments program costs and social services program costs or the amount equal to the state's share of the amount expended as determined pursuant to section 26-1-122.5 shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose upon authorization of the state department pursuant to the provisions of this title. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.    For purposes of this article 1 and except as otherwise provided in subsection (6) of this section, under rules of the state department, program costs shall include: Amounts expended for assistance payments and social services (except for items enumerated in subsection (3)(c) of this section) under programs for aid to the needy disabled, aid to the blind, and child welfare services; expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121; funeral and final disposition expenses as described in section 26-2-129; and state supplementation under part 2 of article 2 of this title 26.    Whenever any county, by reason of an emergency or other temporary condition, shall be unable to meet its necessary financial obligations for other public assistance purposes, and at the same time meet its requirements for assistance payments and social services under the program for aid to the needy disabled, the state department may in its discretion, upon consideration of the conditions and requirements of this title, reimburse such county in excess of eighty percent of the amount expended for assistance payments and social services under such program. The state department shall determine the amount of such excess reimbursement and the period of time during which such excess reimbursement shall be made. For such purpose, the state department may use not to exceed five percent of the total amount allocated to it by the state for administrative and program costs for assistance payments and social services under the program for which the excess reimbursement is provided.    When a county department provides or purchases certain specialized social services for public assistance applicants, recipients, or others to accomplish self-support, self-care, or better family life, including day care, homemaker services, foster care, and services to persons with intellectual and developmental disabilities, in accordance with applicable rules, the state may advance funds to the county department at a rate in excess of eighty percent within available appropriations, but not to exceed the amount expended by the county department for such services. The county department contribution for the period from January 1, 1981, through June 30, 1981, is ten percent, and beginning July 1, 1981, is five percent for the aid to the needy disabled home care program, the special needs of the disabled program, aid to the blind home care program, the special needs of the blind program, the adult foster care program, and other programs providing public assistance in the form of social services required by the federal “Social Security Act”, as amended, for the purpose of establishing services that promote self-sufficiency for adult clients. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes. The expenses of training personnel to provide these services as determined and approved by the state department shall be paid from whatever state and federal funds are available for such training purposes.    County departments shall provide or contract to provide a central information and referral service for all available services in the county which may prevent or reduce inappropriate institutional care through the use of community-based or home-based care.    The state department is authorized to provide not more than ten additional homemaker positions to be located in Adams, Larimer, Garfield, Otero, and Morgan counties. Reimbursement to each county for one hundred percent homemaker costs shall be based on a minimum case load of ten clients per reimbursed position which clients are currently in or would be admitted to skilled or intermediate care facilities or hospitals and who would not otherwise be served by current county staffing. Reports shall be provided monthly to the joint budget committee.    Notwithstanding any other provision of this article, the county department may spend in excess of twenty percent of actual costs for the purpose of matching federal funds for the administration of the child support enforcement program or for the administrative costs of activities involving food stamp, public assistance, or medical assistance fraud investigations or prosecutions.    Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled by reason of the county's expenditures in excess of the twenty percent required by subsection (1) of this section for any social services activity that has been approved by the department as an activity that is eligible for reimbursement under any federal program. Acceptance and expenditure of such federal funds shall in no way affect the state's share of and contribution to such payments, and the county shall be solely responsible for the provision of the nonfederal share that is in excess of the twenty percent.    Repealed.      Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled based on the county's certification of public expenditures made by other entities within the county, which expenditures: (k) (I) Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled based on the county's certification of public expenditures made by other entities within the county, which expenditures:   Are from sources other than the county social services fund;    Are in excess of the twenty percent required by subsection (1) of this section; and    Are for a social services activity that has been approved by the state department as an activity that is eligible for reimbursement under a federal program.       Acceptance and expenditure of federal funds pursuant to subparagraph (I) of this paragraph (k) shall not affect the state's share of and contribution to the assistance payments program costs and social services program costs. The county shall be solely responsible for certifying the nonfederal share that is in excess of the county's twenty-percent share. The state department may retain up to five percent of any federal funds received by a county department pursuant to this paragraph (k). In addition, the state, in accordance with the provisions of section 26-1-109 (4)(d), shall recover any federal funds received by the county through the certification of public expenditures that are subsequently determined to be ineligible for federal reimbursement.          Except as otherwise provided in subsection (6) of this section, if in any fiscal year the annual appropriation by the general assembly for the state's share, together with any available federal funds for any income maintenance or social services program, or the administration of either, is not sufficient to advance to the counties the full applicable state share of costs, said program or the administration thereof shall be temporarily reduced by the state board so that all available state and federal funds shall continue to constitute eighty percent of the costs.      Notwithstanding any other provision of this section, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as shall be necessary to defray the county's maintenance of effort requirement for the Colorado works program, created in part 7 of article 2 of this title, and the Colorado child care assistance program, created in part 8 of article 2 of this title, including the costs allocated to the administration of each, and shall include in the tax levy for such county the sums appropriated for that purpose. The county's maintenance of effort requirement for the Colorado works program for state fiscal year 1997-98 and for state fiscal years thereafter shall be the targeted spending level identified in section 26-2-714 (6). Such appropriation shall be based upon the county social services budget prepared by the county department pursuant to section 26-1-124, after taking into account state advancements provided for in this section.    Additional funds shall be made available by the board of county commissioners if the county funds so appropriated prove insufficient to defray the county department's maintenance of effort requirements for the Colorado works program and the Colorado child care assistance program, including the costs allocated to the administration of each.    The state department shall establish rules concerning what shall constitute administrative costs and program costs for the Colorado works program. The state treasurer shall make advancements to county departments for the costs of administering the Colorado works program and the Colorado child care assistance program from funds appropriated or made available for such purpose, upon authorization of the state department; except that in no event shall the state department authorize expenditures greater than the annual appropriation by the general assembly for such administrative costs of the county departments. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.        History. Source: L. 73: R&RE, p. 1173, § 1. C.R.S. 1963: § 119-1-21. L. 75: (4)(c) amended, p. 888, § 2, effective July 28. L. 76: (4)(f) and (4)(g) added, p. 667, § 1, effective May 10. L. 77: (1)(a), (1)(b), (2), (3)(b), (3)(c), (4)(b), (4)(e), and (5) amended and (1)(c), (1)(d), and (4)(h) added, p. 1322, § 2, effective July 1. L. 79: (1) to (3) amended, p. 1084, § 8, effective July 1. L. 80: (4)(e) amended, p. 642, § 2, effective July 1. L. 85: (4)(h) amended, p. 938, § 2, effective May 16. L. 87: (1)(d) amended and (4)(i) added, p. 1155, § 2, effective June 16. L. 93: (1)(a), (3)(b), and (4)(b) amended, p. 1116, § 26, effective July 1; (4)(e) amended, p. 1146, § 85, effective July 1, 1994. L. 94: (4)(i) amended, p. 636, § 1, effective April 14. L. 95: (2) amended, p. 592, § 2, effective May 22. L. 97: Entire section amended, p. 1222, § 8, effective July 1. L. 98: (6)(a) amended, p. 1197, § 4, effective June 1. L. 2000: (6)(a) amended, p. 283, § 7, effective March 31. L. 2008: (4)(j) added, p. 1518, § 2, effective May 28. L. 2009: (4)(j) amended,(SB 09-267), ch. 206, p. 939, § 1, effective May 1. L. 2011: (4)(k) added,(HB 11-1196), ch. 160, p. 554, § 5, effective August 10. L. 2017: (4)(e) amended,(HB 17-1046), ch. 50, p. 159, § 14, effective March 16. L. 2021: (4)(c) amended,(SB 21-006), ch. 123, p. 497, § 26, effective September 7. History. Source: L. 73: R&RE, p. 1173, § 1. C.R.S. 1963: § 119-1-21. L. 75: (4)(c) amended, p. 888, § 2, effective July 28. L. 76: (4)(f) and (4)(g) added, p. 667, § 1, effective May 10. L. 77: (1)(a), (1)(b), (2), (3)(b), (3)(c), (4)(b), (4)(e), and (5) amended and (1)(c), (1)(d), and (4)(h) added, p. 1322, § 2, effective July 1. L. 79: (1) to (3) amended, p. 1084, § 8, effective July 1. L. 80: (4)(e) amended, p. 642, § 2, effective July 1. L. 85: (4)(h) amended, p. 938, § 2, effective May 16. L. 87: (1)(d) amended and (4)(i) added, p. 1155, § 2, effective June 16. L. 93: (1)(a), (3)(b), and (4)(b) amended, p. 1116, § 26, effective July 1; (4)(e) amended, p. 1146, § 85, effective July 1, 1994. L. 94: (4)(i) amended, p. 636, § 1, effective April 14. L. 95: (2) amended, p. 592, § 2, effective May 22. L. 97: Entire section amended, p. 1222, § 8, effective July 1. L. 98: (6)(a) amended, p. 1197, § 4, effective June 1. L. 2000: (6)(a) amended, p. 283, § 7, effective March 31. L. 2008: (4)(j) added, p. 1518, § 2, effective May 28. L. 2009: (4)(j) amended,(SB 09-267), ch. 206, p. 939, § 1, effective May 1. L. 2011: (4)(k) added,(HB 11-1196), ch. 160, p. 554, § 5, effective August 10. L. 2017: (4)(e) amended,(HB 17-1046), ch. 50, p. 159, § 14, effective March 16. L. 2021: (4)(c) amended,(SB 21-006), ch. 123, p. 497, § 26, effective September 7.    Editor's note:    Subsection (4)(j)(II) provided for the repeal of subsection (4)(j), effective January 1, 2010. (SeeL. 2009, p. 939.)    Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.     Cross references:    For the legislative declaration contained in the 1993 act amending subsections (1)(a), (3)(b), and (4)(b), see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1995 act amending this section, see section 1 of chapter 161, Session Laws of Colorado 1995.    For the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see section 20 of article X of the Colorado constitution.     ANNOTATION   Law reviews. For note, “Aid to Families with Dependent Children -- A Study of Welfare Assistance”, see 44 Den. L.J. 102 (1967).   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).   Counties must produce their 20 percent of aid to dependent children whether it be from contingency funds, an excess levy, registered warrants, sales tax, or otherwise. State Bd. of Soc. Servs. v. Billings, 175 Colo. 380 , 487 P.2d 1110 (1971).   The state department of social services must require as a condition for a county to receive grants-in-aid that the county shall bear the proportion of the total expense of furnishing aid as fixed by law. State Bd. of Soc. Servs. v. Billings, 175 Colo. 380 , 487 P.2d 1110 (1971).   County commissioners lack discretion to determine aid recipients. The county commissioners do not have discretion to decide who is going to receive aid to dependent children benefits, nor how much each person will receive, nor to rescind the benefits awarded to a person. State Bd. of Soc. Servs. v. Billings, 175 Colo. 380 , 487 P.2d 1110 (1971).   County's share of payments under this section are not a “subsidy.” Attempted turnback by county of its responsibilities under human services code pursuant to art. X, § 20(9), of the state constitution was invalid because when a county (itself a political subdivision of the state) attempts to subsidize the state, the state, through the county, contributes to itself. Romer v. Bd. of County Comm'rs, Weld County, 897 P.2d 779 (Colo. 1995).   Passage of art. X, § 20, of the state constitution did not change the mixed state and local character of social services. Romer v. Bd. of County Comm'rs, Weld County, 897 P.2d 779 (Colo. 1995).   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 Evert v. Ouren, 37 Colo. App. 402, 549 P.2d 791 (1976); Martin v. District Court, 191 Colo. 107 , 550 P.2d 864 (1976).