Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0558.01 Kristen Forrestal    SENATE BILL 06-090
                   SENATE SPONSORSHIP
 Wiens,  and Johnson
 
                    HOUSE SPONSORSHIP
 Harvey, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning local government cooperation with federal
            officials regarding the immigration status of persons
            in this state.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Prohibits a local government from passing any ordinance or policy
       that would prohibit a police officer, local official, or local government
       employee from cooperating with federal officials with regard to the
       immigration status of a person within the state.  Requires a police officer,
       local official, or local government employee who has probable cause to
       believe that a person is not legally present in the United States to report
       the person to the federal immigration and customs enforcement office. 
       Requires each local government to provide notice to local officials of the
       duty to report and to provide written confirmation of such notice and
       reporting statistics to the general assembly.  Prohibits a local government
       that violates this provision from receiving any grants administered by the
       department of local affairs.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Title 29, Colorado Revised Statutes, is amended BY
       THE ADDITION OF A NEW ARTICLE to read:
                            ARTICLE 28
       Immigration Status - Cooperation With Federal Officials
            29-28-101.  Legislative declaration.  (1)  The general
       assembly hereby finds, determines, and declares that:
            (a)  Sanctuary policies are local government ordinances
       or policies that prohibit local officials, including police
       officers, from communicating or cooperating with federal
       officials with regard to the immigration status of any person
       within the state;
            (b)  The matters contained in this article have important
       statewide ramifications for compliance with and enforcement of
       federal immigration laws;
            (c)  Sanctuary policies allow iilegal immigrants to reside
       within Colorado, which contributes to the high costs of health
       care and puts a financial strain on the public health benefits
       programs established in this state;
            (d)  Sanctuary policies allow the children of illegal
       immigrants to take part in K-12 education in this state, costing
       the state money to support people who have broken the law to
       maintain state residence.
            (2)  The general assembly therefore declares that the
       matters addressed in this article are matters of statewide
       concern.
            29-28-102.  Definitions.  As used in this article, unless the
       context otherwise requires:
            (1)  "Local government" means a town, city, city and
       county, or county.
            29-28-103.  Cooperation with federal officials regarding
       immigration status.  (1)  No local government, whether acting
       through its governing body or by an initiative, referendum, or
       any other process, shall enact any ordinance or policy that
       limits or prohibits a police officer, local official, or local
       government employee from communicating or cooperating with
       federal officials with regard to the immigration status of any
       person within this state.
            (2) (a)  A police officer, local official, or local
       government employee who has probable cause to believe that a
       person is not legally present in the United States shall report
       such person to the United States immigration and customs
       enforcement office.
            (b)  The governing body of each local government shall
       provide notice in writing to local officials of the duty to comply
       with paragraph (a) of this subsection (2).  Each governing body
       shall provide written confirmation to the general assembly
       that it has provided such notice and shall annually, on or
       before March 1 of each year, report to the general assembly the
       number of reports made to the United States immigration and
       customs enforcement office pursuant to this article.
            (3)  A local government that violates this section shall
       not be eligible to receive local government financial assistance
       through grants administered by the department of local
       affairs.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.