§ 26-2-137 — Noncitizens programs

(1) Emergency assistance. (a) (I) A
general assistance fund is hereby established that shall consist of state general
funds appropriated thereto by the general assembly. Moneys in the fund shall be
used only for the purpose of providing emergency assistance pursuant to the
provisions of this subsection (1) and shall be subject to annual appropriation by the
general assembly.

(II) The state department shall allocate moneys in the fund described in
subparagraph (I) of this paragraph (a) to the counties for the implementation of the
emergency assistance program pursuant to the provisions of this subsection (1) and
rules of the state department.

(b) The state department shall promulgate rules for the delivery of
emergency assistance to a person who:

(I) Is a legal immigrant and a resident of the state of Colorado;

(II) Is not a citizen of the United States; and

(III) Meets the eligibility requirements for public assistance under this article
other than citizen status and is not receiving any other public assistance under this
article.

(c) Such emergency assistance may include but need not be limited to the
following forms of assistance:

(I) Housing;

(II) Food;

(III) Short-term cash assistance; and

(IV) Clothing and social services for children.

(2) Sponsor responsibility policies. (a) The general assembly finds and
declares that sponsors shall be expected to meet their moral and financial
commitments to the immigrants whom they sponsor and for whom they sign
affidavits of support.

(b) The state department shall promulgate rules consistent with this section
and federal law to enforce sponsor commitments for noncitizen applicants for or
recipients of public assistance or medical assistance.

(c) Enforcement mechanisms shall include but not be limited to the
following:

(I) Income assignment;

(II) State income tax refund offset;

(III) State lottery winnings offset; and

(IV) Administrative lien and attachment.

(d) A recipient shall assign rights to any support under affidavits of support
to the state of Colorado as a condition of receipt of public assistance or medical
assistance under this title.

(e) To the extent not preempted by federal law, the state department shall
commence a proceeding or an action to enforce duties under an affidavit of support
within a period of time to be determined by the state board after a recipient for
whom an affidavit of support has been signed has been approved for public
assistance or medical assistance under this title.

Legislative History

Source: L. 97: Entire section added, p. 1252, � 3, effective July 1.