Section 26-2-104 - Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules(1)(a) The state department is hereby designated as the single state agency to administer or supervise the administration of public assistance programs in this state in cooperation with the federal government pursuant to the social security act and this article. The state department shall establish public assistance programs consisting of assistance payments and social services to be made available to eligible individuals, including but not limited to old age pensions, the Colorado works program, aid to the needy disabled, and aid to the blind.(b) The state department may review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for public assistance. The state department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the state department that the action or delay in taking action was a violation of or contrary to state department rules, make such decision as to the granting of assistance payments and the amount thereof as in its opinion is justifiable pursuant to the provisions of this article and the rules of the state department. Applicants or recipients affected by such decisions of the state department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the state department.(2)(a)(I) The state department is authorized to implement an electronic benefits transfer service for administering the delivery of public assistance payments and food stamps to recipients. The electronic benefits transfer service shall be designed to allow clients access to cash benefits through automated teller machines or similar electronic technology. The electronic benefits transfer service allows clients eligible for food stamps access to food items through the use of point-of-sale terminals at retail outlets.(II) Only those businesses that offer products or services related to the purpose of the public assistance benefits are allowed to participate in the electronic benefits transfer service through the use of point-of-sale terminals. Clients shall not be allowed to access cash benefits through the electronic benefits transfer service from automated teller machines in this state located in: (A) Licensed gaming establishments as defined in section 44-30-103 (18), in-state simulcast facilities as defined in section 44-32-102 (11), tracks for racing as defined in section 44-32-102 (24), or commercial bingo facilities as defined in section 24-21-602 (11);(B) Stores or establishments in which the principal business is the sale of firearms;(C) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44; except that the prohibition in this subsection (2)(a)(II)(C) does not apply to establishments licensed as liquor-licensed drugstores under section 44-3-410;(D) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015; or(E) Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015.(II.5) As soon as possible after May 1, 2015, the state department shall notify the establishments described in sub-subparagraphs (D) and (E) of subparagraph (II) of this paragraph (a) of the prohibition contained in those sub-subparagraphs.(III) In the development and implementation of the service, the state department shall consult with representatives of those persons, agencies, and organizations that will use or be affected by the electronic benefits transfer service, including program clients, to assure that the service is as workable, effective, and efficient as possible. The electronic benefits transfer service is applicable to the public assistance programs described in subsection (1) of this section and to food stamps as described in part 3 of this article 2. The state department shall contract in accordance with state purchasing requirements with any entity for the development and administration of the electronic benefits transfer service. In order to ensure the integrity of the electronic benefits transfer service, the system developed pursuant to this section must use, but is not limited to, security measures such as individual personal identification numbers, photo identification, or fingerprint identification. The security method or methods selected must be those that are most efficient and effective. The state board shall establish by rule a policy and procedure to limit losses to a client after the client reports that the electronic benefits transfer card or benefits have been lost or stolen. The state department may authorize county departments of human or social services to charge a fee to a client to cover the costs related to issuing a replacement electronic benefits transfer card.(IV) When the owner of an automated teller machine located in an establishment described in subparagraph (II) of this paragraph (a) moves the machine to a location not so described, the owner shall reprogram the machine to allow public assistance recipients to access the machine.(b) The state board is authorized to promulgate rules necessary to implement and administer the electronic benefits transfer service created in this subsection (2). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.(c) The state department is authorized to request federal waivers as necessary to administer the electronic benefits transfer service.(g) On or before January 1, 2016, the state department shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to enforce the prohibition of clients accessing benefits at an automated teller machine located in an establishment described in paragraph (a) of this subsection (2) or any other establishment in which a client is prohibited from accessing benefits by federal law. The rules must include increasing penalties for multiple violations.(h)(I) On or before January 1, 2016, the department of revenue shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, that relate to a client's use of automated teller machines at locations where the use is prohibited. The rules must apply to the following establishments: (A) Licensed gaming establishments as defined in section 44-30-103 (18); in-state simulcast facilities as defined in section 44-32-102 (11); and tracks for racing as defined in section 44-32-102 (24);(B) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44, excluding establishments licensed as liquor-licensed drugstores under section 44-3-410;(C) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; and(D) Any other establishments regulated by the department of revenue at which a client is prohibited from accessing public benefits pursuant to federal law.(II) The rules adopted pursuant to subparagraph (I) of this paragraph (h) must include: (A) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located post a sign on or near the automated teller machine notifying clients that this section prohibits the use of an electronic benefits service transfer card at the machine. The sign must contain the following statement: The use of an electronic benefits transfer service ("EBT") card to access public benefits at this machine is prohibited by Colorado law, section 26-2-104, Colorado Revised Statutes.
(B) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located take measures to prevent a client from using an electronic benefits transfer service card to access moneys from such an automated teller machine;(C) Methods to enforce the requirement of sub-subparagraph (B) of this subparagraph (II) against the operator of the establishment including increasing penalties for multiple violations; and(D) A provision that any establishment described in subparagraph (I) of this paragraph (h) is exempt from the requirements of the rules adopted pursuant to sub-subparagraphs (A) to (C) of this subparagraph (II) if the establishment provides to the department of revenue a statement from the owner or operator of each automated teller machine located within the establishment verifying that the machine does not accept electronic benefits transfer service cards; except that, if one or more violations of subparagraph (II) of paragraph (a) of this subsection (2) occur at any such establishment, the department of revenue may take measures to prevent future violations, including increasing penalties for multiple violations, not to exceed one hundred dollars per violation.Amended by 2019 Ch. 315, § 27, eff. 1/1/2020.Amended by 2018 Ch. 152, § 14, eff. 10/1/2018.Amended by 2018 Ch. 55, § 21, eff. 10/1/2018.Amended by 2018 Ch. 26, § 18, eff. 10/1/2018.Amended by 2018 Ch. 14, § 43, eff. 10/1/2018.Amended by 2018 Ch. 38, § 117, eff. 8/8/2018.Amended by 2017 Ch. 383, § 1, eff. 8/9/2017.Amended by 2017 Ch. 154, § 9, eff. 8/9/2017.Amended by 2017 Ch. 45, § 5, eff. 8/9/2017.Amended by 2016 Ch. 210, § 70, eff. 6/6/2016.Amended by 2015 Ch. 149,§ 3, eff. 5/1/2015.Amended by 2015 Ch. 149,§ 1, eff. 5/1/2015.Amended by 2015 Ch. 148, § 2, eff. 5/1/2015.L. 73: R&RE, p. 1180, § 2. C.R.S. 1963: § 119-3-4. L. 95: Entire section amended, p. 593, § 3, effective May 22. L. 96: (2) amended, p. 138, § 1, effective April 2. L. 97: (1) amended, p. 1230, § 15, effective July 1; (1) amended, p. 1320, § 3, effective July 1; (2)(a) amended, p. 303, § 17, effective July 1. L. 98: (2)(a) amended, p. 80, § 1, effective March 23. L. 2003: (2)(d) added, p. 1593, § 1, effective May 2. L. 2005: (2)(d) repealed, p. 568, § 1, effective July 1. L. 2006: (2)(e) added, p. 336, § 1, effective April 4. L. 2015: (2)(a) amended, (SB 15-065), ch. 445, p. 445, § 2, effective May 1; (2)(f), (2)(g), and (2)(h) added, (HB 15-1255), ch. 149, pp. 448, 450, §§ 1, 3, effective May 1. L. 2016: (2)(h)(II)(B) and (2)(h)(II)(D) amended, (SB 16-189), ch. 774, p. 774, § 70, effective June 6. L. 2017: (2)(a)(II)(C), IP(2)(h)(I), and (2)(h)(I)(B) amended, (HB 17-1365), ch. 1991, p. 1991, § 1, effective August 9; (2)(f) amended, (SB 17-234), ch. 522, p. 522, § 9, effective August 9; (2)(f) amended, (HB 17 -1137), ch. 134, p. 134, § 5, effective August 9. L. 2018: (2)(a)(III) amended, (SB 18-092), ch. 447, p. 447, § 117, effective August 8; (2)(a)(II)(A), IP(2)(h)(I), and (2)(h)(I)(A) amended, (SB 18 -034), ch. 249, p. 249, § 43, effective October 1; (2)(a)(II)(D) and (2)(h)(I)(C) amended, (HB 18-1023), ch. 590, p. 590, § 21, effective October 1; (2)(a)(II)(A) amended, (HB 18 -1024), ch. 323, p. 323, § 18, effective October 1; (2)(a)(II)(C) and (2)(h)(I)(B) amended, (HB 18-1025), ch. 1080, p. 1080, § 14, effective October 1. L. 2019: (2)(a)(II)(D) and (2)(h)(I)(C) amended, (SB 19-224), ch. 2941, p. 2941, § 27, effective 1/1/2020.(1) Amendments to subsection (1) by House Bill 97-1344 and Senate Bill 97-120 were harmonized.
(2) Subsection (2)(e)(II) provided for the repeal of subsection (2)(e), effective January 1, 2007. (See L. 2006, p. 336 .)
(3) Section 4 of chapter 149 (HB 15-1255), Session Laws of Colorado 2015, provides that subsection (2)(h) takes effect only if SB 15-065 becomes law. SB 15-065 became law and took effect May 1, 2015.
(4) Amendments to subsection (2)(a)(II)(A) by SB 18-034 and HB 18-1024 were harmonized.
(5) Subsection (2)(f)(II) provided for the repeal of subsection (2)(f), effective January 2, 2019. (See L. 2017, p. 522.)
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 legislative declaration in SB 15-065, see section 1 of chapter 148, Session Laws of Colorado 2015. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.