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May 18, 2018

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2018 Legislative Wrap-Up: Family Economic Security

by | May 18, 2018

Legislative Updates

This year, CCLP’s Family Economic Security team focused on reducing barriers that make it more difficult for Coloradans to own or rent a stable home. We worked on legislation intended to make it easier for Coloradans with a criminal record to get a job. Also related to employment, we crafted a bill that would have created a limited fund to address low-cost hurdles that stand in the way of Coloradans completing job-training or achieving an employment goal. We also successfully fought a bill that would have extended the definition of “contract labor” in a way that would have excluded many Coloradans from receiving workers’ comp or unemployment benefits.

It was a meaningful and productive session for the FESP team and our organizational partners. Many of our high-priority bills passed and we successfully fought other bills that would have had negative implications for Coloradans in low-wage jobs. We developed and strengthened partnerships with other advocacy and direct-service groups in the areas of manufactured housing, criminal records, worker rights, affordable housing and tenant’s rights. These relationships built a foundation for even more effective advocacy in future years.

Here’s a brief recap of CCLP’s family economic security work during the 2018 legislative session:

Good News

Tenants’ rights – CCLP led the charge for a bipartisan bill that will require landlords to provide tenants with a copy of their lease, plus a receipt when the tenant pays rent by cash or money order. Receipts would be given automatically if rent is paid in-person, and upon request if rent is mailed or deposited into a drop box. This commonsense measure ensures that tenants have the pertinent information about the obligations of their tenancy and can document their rent payments. Senate Bill 10 received broad bipartisan support and was signed into law by Gov. John Hickenlooper in late March.

Manufactured housing – We developed and advocated for a bill that exempts the purchase of a new manufactured home from the state sales tax and makes the elusive dream of home-ownership more attainable for more hardworking Coloradans. CCLP convened a broad coalition of housing activists, industry members, lenders and manufactured housing community members in support of House Bill 1315. It had bipartisan sponsorship in both chambers and near unanimous support. Manufactured housing is the largest source of unsubsidized affordable housing in the state. The passage of HB 1315, now awaiting the governor’s signature, will save about 1,000 families a year about $1,000 on the purchase of a new manufactured home beginning July 2019.

Employment for justice-involved Coloradans — People with criminal records should be able to work and support their families after they’ve served their time. Two bills developed with substantial input from CCLP will make workforce re-entry easier for many Coloradans. HBi 1418 prohibits a state or local agency from taking adverse action concerning a license, permit or offer of employment based solely on an applicant’s arrest record. It also provides the Department of Regulatory Agencies with the discretion to remove a person’s licensing history—which often contains criminal record information– from public access. A companion bill to HB 1418, HB 1344, allows a judge to grant limited relief from select “collateral consequences” of a criminal conviction, such as being barred from practicing certain professions. Too often, a single encounter with the law can result in a de facto sentence to a life in poverty — not just for the offender but for that person’s family as well. Policymakers on both sides of the aisle agree that government should not stand in the way of people who are trying to work. Both HB 1418 and HB 1344 remove barriers that keep people who’ve made past mistakes from supporting their families and contributing to their communities. Both bills were approved with nearly unanimous support from both chambers and are on the Governor’s desk awaiting his signature.

Contract labor — There has been much talk and speculation about how the emerging “gig economy” is transforming the way people work and support themselves and their families. SB 171 would have statutorily classified people who get work through an online app as independent contractors when they do not fit that classification, thereby undermining job protections and social insurance coverage from many Coloradans. CCLP joined a broad coalition, including Colorado AFL-CIO, SEIU, COLOR and 9to5 Colorado in successfully stopping this legislation.

Debt-collection — CCLP and its partners in the Financial Equity Coalition successfully amended a bill that would have allowed private debt collectors to bypass current court procedure and compel the Colorado Department of Employment and Labor to provide employment information on Coloradans in debt-collection cases. HB 1057 would have involved our state government in the collection of private debts and made it easier for debt collectors to garnish wages from individuals who owe money. But the broad scope of the bill was significantly narrowed after members of the coalition persuaded lawmakers to limit the bill the collection of public debts. The amended bill allows private debt collectors collecting public debt to charge the same collection fee that the government charges and capped that fee at 18 percent of the debt owed. The amended bill also includes provisions on attorney’s fees for debt collectors that make the bill less financially devastating than it was originally.

Prison labor — CCLP was successful in encouraging legislators to stop SB 238, which would have permitted county sheriffs to let those awaiting trial work outside of a jail. While we support work instead of sitting behind bars for those convicted of a crime SB 238 would have let people who have not yet been convicted, but are simply awaiting trial, be paid at Department of Correction rates of 32 cents to $2.45 per day. If counties want to address jail overcrowding, bail or sentencing reform is a better option. The bill died in the House.

Other good news — CCLP successfully advocated for a budget amendment to appropriate an additional $1 million for the Division of Housing for rental vouchers and repairs and construction of affordable housing units. We also successfully advocated for a budget amendment that authorized using $4.2 million reverted from Community Corrections programs for housing for Coloradans leaving correctional facilities. Finally, we actively lobbied on behalf of a Colorado Department of Human Services bill that extends ReHire Colorado, a transitional jobs program that largely serves noncustodial parents, veterans and Coloradans who are older and have struggled to re-enter the workforce since the Great Recession.

Disappointments

Employment Support Services Fund — Despite bipartisan support in both chambers and passing through the House, HB 1310 was killed by a Senate committee near the end of the session. Developed by CCLP and the Skills2Compete Coalition, the bill would have provided an emergency funding source to public and nonprofit organizations to address low-cost hurdles (such as replacing a flat tire) that stand in the way of Coloradans completing job-training or successfully obtaining and retaining employment. Over 70 organizations and businesses endorsed the bill. HB 1310 represented a small investment towards self-sufficiency that would have saved taxpayer dollars in the long-term and helped Coloradans get on their feet. We’ll likely try again next year.

Local minimum wage – A bill that would have let Colorado cities and counties raise the minimum wage to a level that makes sense for their communities was killed along party lines by a Senate committee. Although Colorado voters in 2016 voted to increase the minimum wage to $12 an hour by 2020, it’s clear that the increased minimum wage still won’t be enough for workers in parts of the state where the cost of living is high. HB 1368 would have repealed a law enacted in 1999 that prohibits Colorado’s cities and towns from establishing a higher minimum wage than the state minimum wage so that communities can adjust the rate to a level that would better support their residents.

Source of income discrimination — Approved in the House, but killed in the Senate, HB 1432 would have prohibited landlords from discriminating against tenants based on their source of income (such as income from governmental rental vouchers, student loans, disability insurance, etc.). This kind of discrimination promotes segregation and homelessness while exacerbating the state’s housing shortage. Led by the Colorado Coalition for the Homeless, but developed with strong support by CCLP, the bill unfortunately died in a Senate committee late in the session.

Property tax, rent and heat rebates—HB 1380 proposed a cost-of-living adjustment in the amount of the rebate available to seniors and people with disabilities. The current income eligibility limits are $13,608 a year for an individual and $18,343 for a couple. Currently the maximum grant is $792. Senior Lobby led the effort, but CCLP provided research and testimony.

Criminal record sealing for housing applications — Housing is a necessary ingredient for families to prosper. Yet for more than 1.5 million Coloradans with some kind of criminal record, securing stable and safe housing can be difficult when landlords require a background check that includes criminal history. SB 57 would have limited the ability of landlords to consider sealed records and arrests that don’t result in a conviction as a factor in whether to rent to an applicant. CCLP participated in the Collateral Consequences Work Group of the Colorado Civil and Juvenile Justice committee which developed this proposal.

Challenges and Opportunities

Automatic sealing — Earlier this year, CCLP developed legislation that would automatically seal certain nonviolent criminal records so they are not available to the public. The proposal would have applied to nonviolent offenses that are already eligible for sealing under Colorado law. The bill would have eliminated costly and burdensome steps including court petition and filing fees for individuals who have remained free of misdemeanor and felony convictions for a specified period of time. The bill would have given people with criminal records a chance to move on with their lives and support their families. While we weren’t able to introduce a bill this year due to operational details, there is increasing bipartisan interest in this issue and we will be working during the interim to prepare a bill for the 2019 session.

Jobs for working-age Coloradans — In this time of low unemployment and worker shortages, 18.5 percent of Coloradans of working age are still not in the workforce. Many of these individuals want to work, but need help to overcome barriers. CCLP and Skills2Compete are exploring more bridges between programs that serve people with barriers to employment and traditional education and employment services.

The changing workforce — As the economy shifts to more contingent workers, with sporadic or non-traditional work schedules and fewer benefits, lawmakers need to consider laws and policies that ensure that Coloradans have the tools and resources to build financial security.

Racial wealth gap — As wide as the income gap is between White people and people of color, the wealth gap is far wider. How can public policy encourage asset development — particularly among individuals with low incomes? Earlier in the session, we explored a bill to allow credit unions to offer prize-linked savings accounts, which has been shown to increase savings rates, but the bill did not move forward due to lukewarm interest from the credit-union association. While that particular approach failed to get traction, CCLP will continue to look at policies that will encourage Coloradans who are financially disadvantaged to build savings and accumulate assets to secure their financial future.

All eyes on Washington —The Federal Tax Cuts and Jobs Act along with continued economic growth created a bump in state revenue, which Colorado could use this year. But growing federal deficits could increase pressures to reduce federal funding for programs, which Colorado would either lose or have to backfill with state dollars. CCLP will closely monitor the implications of federal policy changes that might burden low-income Coloradans. We will work with state and national coalitions to help shape or defeat changes in federal services, policies and programs.

– By Chaer Robert

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HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.