First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 11-0086.01 Debbie Haskins       HOUSE BILL 11-1149
                    HOUSE SPONSORSHIP
 Acree,  Barker, McKinley, Baumgardner, Conti, Coram, Kerr J.
 
                   SENATE SPONSORSHIP
 Harvey,  Scheffel, Lambert, Grantham, Lundberg, Renfroe, Mitchell, Brophy, King S.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the types of documents used for verification of
            a person's lawful presence in the United States in
            certain circumstances.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law requires an agency or political subdivision of the state
       to verify the lawful presence of each applicant 18 years of age or older for
       federal public benefits or state or local public benefits.  The bill amends
       that law by requiring the applicant to provide the applicant's social
       security card for inspection.
            Current law requires an applicant to sign an affidavit attesting that
       he or she is a United States citizen or legal permanent resident or that he
       or she is otherwise lawfully present in the United States pursuant to
       federal law and the attestation is subject to the perjury laws.  Instead of
       signing the affidavit, the bill provides that an applicant may submit for
       inspection a birth certificate or other documents that indicate the
       applicant's lawful presence in the United States.
            The bill clarifies that an employer of a newly hired employee must
       check legally acceptable documents to verify the identity of the employee
       as well as check the authority of the person to legally work in the United
       States.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  24-76.5-103 (4), Colorado Revised Statutes, is
       amended to read:
            24-76.5-103.  Verification of lawful presence - exceptions -
       reporting - rules.  (4)  An agency or a political subdivision shall verify
       the lawful presence in the United States of each applicant eighteen years
       of age or older for federal public benefits or state or local public benefits
       by requiring the applicant to produce a social security card and to:
            (a)  Produce:
            (I)  A valid Colorado driver's license or a Colorado identification
       card, issued pursuant to article 2 of title 42, C.R.S.; or
            (II)  A United States military card or a military dependent's
       identification card; or
            (III)  A United States Coast Guard Merchant Mariner card; or
            (IV)  A Native American tribal document; and
            (b)  Either:
            (b) (I)  Execute an affidavit stating:
            (I) (A)  That he or she is a United States citizen or legal permanent
       resident; or
            (II) (B)  That he or she is otherwise lawfully present in the United
       States pursuant to federal law; or
            (II)  Produce an original or a certified copy of the
       applicant's birth certificate or other documents that prove that
       the applicant meets the criteria of sub-subparagraph (A) or (B)
       of subparagraph (I) of this paragraph (b).
            SECTION 2.  8-2-122 (2), Colorado Revised Statutes, is amended
       to read:
            8-2-122.  Employment verification requirements - audits - fine
       for fraudulent documents - cash fund created - definitions.  (2)  On
       and after January 1, 2007, within twenty days after hiring a new
       employee, each employer in Colorado shall affirm that the employer has
       examined the documents required to establish the identity of the
       newly hired employee and has examined the legal work status of
       such newly hired employee and has retained file copies of the documents
       required by 8 U.S.C. sec. 1324a; that the employer has not altered or
       falsified the employee's identification documents; and that the employer
       has not knowingly hired an unauthorized alien.  The employer shall keep
       a written or electronic copy of the affirmation, and of the documents
       required by 8 U.S.C. sec. 1324a, for the term of employment of each
       employee.
            SECTION 3.  Act subject to petition - effective date.  This act
       shall take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       10, 2011, if adjournment sine die is on May 11, 2011); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part shall not take effect
       unless approved by the people at the general election to be held in
       November 2012 and shall take effect on the date of the official
       declaration of the vote thereon by the governor.