Rule-Making Standards and Procedures s14

Title of Proposed Rule: / Updating and Clarifying Lawful Presence Requirements
Rule-making#: / 08-1-31-1
Program: Office of Self Sufficiency/ Colorado Works / Rule Author: Katie McDougal, John Roybal / Phone: 303-866-2882

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)

The Executive Director of the Department of Revenue promulgated rules containing additional forms of identification recognized by the Federal Government to prove lawful presence and a waiver process to ensure that an individual seeking benefits can establish lawful presence in the United States. These proposed rules are necessary to ensure that certain individuals lawfully present in the United States receive authorized benefits including, but not limited to, homeless state citizens. Sections 3.140.14 through 3.140.15 have been realigned to create a more efficient flow if information for the use.

An emergency rule-making (which waives the initial APA noticing requirements) is necessary:

to comply with state/federal law and/or
to preserve of the public health, safety and welfare

Explain:

Authority for Rule:

State Board Authority: 26-1-107, C.R.S. (2007) - State Board to promulgate rules; 26-1-109, C.R.S. (2007) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2007)- State Board to promulgate rules for public assistance and welfare activities.

Program Authority: (give federal and/or state cite and a summary of the language authorizing the rule-making)

24-76.5-101 through 24-76.5-103, C.R.S. (2007) – restriction on public benefits and verification of lawful presence; 26-2-701, C.R.S (2007) – Colorado Works Program Act

Yes / X / No
Yes / X / No

Does the rule incorporate material by reference?

Does this rule repeat language found in statute?

If yes, please explain.

Initial Review / 09/05/2008 / Final Adoption / 10/03/2008
Proposed Effective Date / 12/01/2008 / EMERGENCY Adoption / n/a

DOCUMENT 4

STATEMENT OF BASIS AND PURPOSE (continued)

State Board Administration will send this rule-making package to CCI, OSPB and the JBC. The program has sent this rule-packet to which stakeholders?

AFDC Coalition; Legal Aid of Metropolitan Denver; Colorado Center on Law and Policy; Colorado Department of Human Services Food Assistance Division, Adult Financial Support Services, Child Welfare Division, Child Care Division, Low-Income Energy Assistance Program Division, Colorado Refugee Services Program; and, PAC-Subcommittee members

Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary

Rule-making Form SBA-3a (9/05)

REGULATORY ANALYSIS

(complete each question; answers may take more than the space provided)

1. List of groups impacted by this rule:

Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

All services requiring verification of lawful presence including, but not limited to:

Colorado Works

Foster and adoptive parents

Aid to the Needy Disabled (AND)

Aid to the Blind (AB)

Old Age Pension (OAP) and OAP Health Care Program (“State Medicaid”)

Home Care Allowance

Low-Income Energy Assistance Program (LEAP)

Licensed and legally exempt child care providers

18 through 20 year olds needing after-care services such as housing, education funding, and supportive services

2. Describe the qualitative and quantitative impact:

How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?

Clarification to verification requirements impacts all Colorado Works cases and any non-exempt public benefits. These proposed rules will provide consistency to the documents required by the programs. They impact both the county departments of social/human services and state in that it further clarifies the verifications required to document the determination of eligibility or ineligibility of benefits provided by establishing lawful presence.

3. Fiscal Impact:

For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.

State Fiscal Impact (Identify all state agencies with a fiscal impact, including any CBMS change request costs required to implement this rule change)

System changes have been met with allocated available maintenance of hours for the system changes.

County Fiscal Impact

None

Federal Fiscal Impact

None

Rule-making Form SBA-3b (6/02)

REGULATORY ANALYSIS (continued)

Other Fiscal Impact (such as providers, local governments, etc.)

None

4. Data Description:

List and explain any data, such as studies, federal announcements, or questionnaires, you relied upon when developing this rule?

The Colorado Department of Revenue’s list of acceptable documentation for lawful presence.

5. Alternatives to this Rule-making:

Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using one of the listed alternatives.

No other alternatives are available. Current rules require change in order to further clarify policy regarding accepted verifications of lawful presence. These can be located at the following CCR cite:

www.revenue.state.co.us (DOR 1 CCR 201-17 )

Rule-making Form SBA-3b (6/02)

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

3.140.11 / Section entitled Verification of Citizenship and Lawful Presence in the United States / Reorganized only for verification of citizenship in the U.S. / __ / Yes / X / No
3.140.12 / Verification of lawful presence in the U.S. / Section moved from 3.140.11 / __ / Yes / X / No
3.140.12, C / List of exemptions to lawful presence requirements / Added further exemptions / __ / Yes / X / No
3.140.13 – 3.140.191 / Citizenship and verification requirements / Renumbered and reorganized / __ / Yes / X / No
3.140.17 – 3.140.18 / Verification of questionable citizenship / Moved under citizenship requirements / __ / Yes / X / No

_

Yes

_

No

_

Yes

_

No

Rule-making Form SBA-3c (6/02)

STAKEHOLDER COMMENT SUMMARY

The following individuals and/or entities were contacted and informed that this rule-making was proposed:

Comments were received from stakeholders on the proposed rule-making:

Yes / X / No

If “yes”, please summarize and/or attach the feedback you received; provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder.

Rule-making Form SBA-3d (6/02)

9 CCR 2503-1

GENERAL RULES 3.140 3.140.112

3.140 GENERAL REQUIREMENTS

3.140.1 CITIZENSHIP AND ALIEN STATUS

Rev. eff. The following are citizens of the United States and are generally eligible to receive social

10/1/88 services and public assistance.

A. Persons born in the United States, Puerto Rico, Guam, Virgin Islands (U.S.), American Samoa, or Swain's Island;

B. Persons who have become citizens through the naturalization process;

C. Persons born to U.S. citizens outside the United States with appropriate documentation.

3.140.11 Verification of Citizenship and Lawful Presence in the United States

Rev. eff. Citizenship may be verified by a birth certificate, possession of a U.S. passport, a

10/6/06 certificate of U.S. citizenship (CIS form N560 or NH561), a certificate of naturalization (CIS form N550 or N570), a certificate of birth abroad of a citizen of the United States (Department of State forms FS545 or DS1350), or Identification Cards for U.S. citizens (CISI179 or CISI197).

3.140.111 Verification of Questionable Citizenship Information

3.140.17

Rev. eff. The following guidelines shall be used in considering questionable statement(s) of

8/1/05 citizenship from applicant:

A. The claim of citizenship is inconsistent with statements made by the applicant, or with other information on the application, or on previous applications.

B. The claim of citizenship is inconsistent with information received from another source.

Application of the above criteria by the eligibility worker must not result in discrimination based on race, religion, ethnic background or national origin, and groups such as migrant farm workers or Native Americans shall not be targeted for special verification. The eligibility worker shall not rely on a surname, accent, or appearance which seems foreign to find a claim to citizenship questionable. Nor shall the eligibility worker rely on a lack of English speaking, reading or writing ability as grounds to question a claim to citizenship.

3.140.1512 Ineligible Until Proof of Citizenship Obtained

3.140.18

Rev. eff. The member whose citizenship is in question shall be ineligible to participate until proof of

8/1/05 citizenship is obtained. If an alien is unable to provide any CIS document at all, there is no responsibility to offer to contact CIS on the alien's behalf. Responsibility exists only when the alien has a CIS document that does not clearly indicate eligible or ineligible alien status. The county department shall not contact the State Department, not the CIS, to obtain information about the alien's correct status (see Section 3.120.23). without the alien's written consent. The method used to document verification of citizenship and the result of that verification shall be contained in the case file.

THIS REVISION: / III-06-4 / LAST REVISION: / III-05-1 / REVISION NUMBER
Adopted: / 7/31/2006 / Adopted: / 6/3/2005 / 5
Effective Date: / 8/1/2006 / Effective Date: / 8/1/2005
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 3
INCOME MAINTENANCE

9 CCR 2503-1

GENERAL RULES 3.140.12 – Cont.

3.140.12 VERFICATION OF LAWFUL PRESENCE IN THE UNITED STATES

3.140.11 Pursuant to Section 24-76.5-103, C.R.S., as added by House Bill 06S-1023, and except

Rev. eff. as provided below, county departments must verify the lawful presence in the United

10/6/06 States of all applicants for state or local benefits, or federal benefits provided by the Colorado Department of Human Services, or by the county departments of human/social services under the supervision of the State Department.

A. For purposes of this section:

"Affidavit" means a State prescribed form wherein an applicant attests, subject to the penalties of perjury, that they are lawfully present in the United States. An affidavit need not be notarized.

"Applicant" means a natural person eighteen years of age or older who submits an application to receive a state or local public benefit, or a federal public benefit, on his or her own behalf.

"Application" means an initial or new application for benefits and renewal applications or redeterminations.

"Federal public benefits" has the same meaning as provided in 8 U.S.C. Section 1611; no later amendments or editions of this section are incorporated. Copies may be available for inspection by contacting the Colorado Department of Human Services, Division of Colorado Works, 1575 Sherman Street, Denver, Colorado 80203, or any State Publications Library.

"Produce" means to provide for inspection either: 1) an original or 2) a true and complete copy of the original document. A document may be produced either in person or by mail.

"State or local public benefits" has the same meaning as provided in 8 U.S.C. 1621; no later amendments or editions of this section are incorporated. Copies may be available for inspection by contacting the Colorado Department of Human Services, Division of Colorado Works, 1575 Sherman Street, Denver, Colorado 80203, or any State Publications Library.

B. In order to verify his or her lawful presence in the United States, an applicant must:

1. Produce either:

a. A valid Colorado driver’s license or a Colorado identification card issued pursuant to Article 2 of Title 42, C.R.S.; or,

b. A United States military card or military dependent’s identification card; or,

c. A United States COAST GUARD Merchant Mariner Card; or,

9 CCR 2503-1

GENERAL RULES 3.140.11 – Cont.

3.140.11 Verification of Citizenship and Lawful Presence in the United States (continued)

d. A Native American tribal document;

e. Any other document authorized by rules adopted by the Department of Revenue (1 CCR 201-17) implementing the provisions of H.B. 06S-1023; and,

2. Execute an affidavit saying that:

a. He or she is a United States citizen or legal permanent resident; or,

b. He or she is otherwise lawfully present in the United States pursuant to federal law.

C. The requirements of this section do not apply to:

Programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by federal law or regulation that:

● Deliver in-kind services at the community level, including services through public or private non-profit agencies;

● Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and

● Are necessary for the protection of life or safety.