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Senate adopts bill protecting LEAP applicants’ data and imposing application remediation rules after amendment votes
Summary
The Colorado Senate passed House Bill 1234 on March 31, updating consumer protections for applicants to the Low-Income Energy Assistance Program (LEAP) and restricting when the Department of Human Services may require citizenship or immigration status.
DENVER — On March 31 the Colorado Senate passed House Bill 1234, a measure amending consumer protections related to the Low-Income Energy Assistance Program (LEAP). The bill limits when the Department of Human Services (DHS) may require citizenship or immigration-status information from applicants, restricts DHS from sharing applicants’ status with federal law-enforcement absent statutory or court obligation, and requires notification and a 60-day remediation period when applications are incomplete.
Sponsor Senator Winter said the bill ensures that people seeking winter energy-assistance can apply without being asked for citizenship or immigration information unless that documentation is required under federal eligibility rules. "This is basic protections regarding consumer data ensuring that folks can access the LEAP program," Winter said.
On the floor Senators debated two amendments in particular. Amendment L015, offered by Senator Pelton R., would have required LEAP applicants to pay their monthly utility bills in full during the 60-day remediation period; investor-owned utilities that accepted the program would be required to grant a credit if the application was later approved. Amendment L015 failed on the floor (the transcript records “the noes have it” and the amendment is lost). Amendment L016 — proposed to allow DHS to solicit immigration and citizenship status in order to assess federal-eligibility requirements — also failed on a division vote; the chair recorded the outcome as lost after a standing division.
Opponents to the bill or its original form argued for safeguards to avoid redirecting federal LEAP funds to ineligible noncitizens, citing the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and related federal provisions. Proponents emphasized protecting applicants’ data and preventing disconnections while applications are processed.
After considering amendments and debate, the Senate adopted House Bill 1234 as recorded on the floor. The transcript shows the committee and floor discussions, the two amendment votes (L015 and L016) and the bill's adoption. Senators who spoke on the item included Senator Winter (sponsor), Minority Leader Lundin, Senator Pelton R., Senator Carson, Senator Gonzales and Senator Catlin.
