§ 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) Beginning with fiscal year 2025-26, before making the appropriation
described in subsection (2)(a) of this section, the general assembly shall consider,
but is not required to appropriate amounts included in, the results of the public
assistance programs funding model described in section 26-1-121.5.

(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.

Legislative History

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.