SENATE Amended 2nd Reading July 9, 2006 HOUSE 3rd Reading Unamended July 8, 2006 HOUSE 2nd Reading Unamended July 7, 2006First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 06B-2082.01 Jerry Barry HOUSE BILL 06S-1023 HOUSE SPONSORSHIP Romanoff, SENATE SPONSORSHIP Fitz-Gerald, House Committees Senate Committees State, Veterans, & Military Affairs Business, Labor and Technology A BILL FOR AN ACT Concerning the immediate implementation of restrictions on public benefits as defined in article 8 of the United States Code for persons eighteen years of age or older effective August 1, 2006. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) On and after August 1, 2006, requires each state agency or political subdivision to verify the lawful presence in the United States of each person 18 years of age or older who applies for public benefits, as defined in federal law. Excludes specified public benefits. Specifies the manner of verification, including requiring an affidavit. Specifies criminal penalties for falsifying a required affidavit. Prohibits state agencies or political subdivisions from providing benefits in violation of the act. Establishes reporting requirements. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 76.5 Restrictions on Public Benefits 24-76.5-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Emergency medical condition" shall have the same meaning as provided in 42 U.S.C. sec. 1396b (v) (3). (2) "Federal public benefits" shall have the same meaning as provided in 8 U.S.C. sec. 1611. (3) "State or local public benefits" shall have the same meaning as provided in 8 U.S.C. sec. 1621. 24-76.5-102. Verification of lawful presence - exceptions - reporting. (1) Except as otherwise provided in subsection (3) of this section or where exempted by federal law, on and after August 1, 2006, each agency or political subdivision of the state shall verify the lawful presence in the United States of each natural person eighteen years of age or older who applies for state or local public benefits or for federal public benefits for the applicant. (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (3) Verification of lawful presence in the United States shall not be required: (a) For any purpose for which lawful presence in the United States is not required by law, ordinance, or rule; (b) For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure; (c) For short-term, noncash, in-kind emergency disaster relief; (d) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (e) For programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States attorney general in the United States attorney general's sole and unreviewable discretion after consultation with appropriate federal agencies and departments that: (I) Deliver in-kind services at the community level, including services through public or private nonprofit agencies; (II) 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 (III) Are necessary for the protection of life or safety; or (f) For prenatal care. (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: (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) Execute an affidavit stating: (I) That he or she is a United States citizen or legal permanent resident; or (II) That he or she is otherwise lawfully present in the United States pursuant to federal law. (5) A person who knowingly makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to subsection (4) of this section shall be guilty of a violation of section 18-8-503, C.R.S. It shall constitute a separate violation of section 18-8-503, C.R.S., each time that a person receives a public benefit based upon such a statement or representation. (6) Agencies or political subdivisions of this state may adopt variations of the requirements of paragraph (b) of subsection (4) this section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances in which the verification procedures in this section would impose unusual hardship on a legal resident of the state; except that the variations shall be no less stringent than the requirements of this section. (7) It shall be unlawful for an agency or a political subdivision of this state to provide a federal public benefit or a state or local public benefit in violation of this section. Each state agency or department that administers a program that provides state or local public benefits shall provide an annual report with respect to its compliance with this section to the state, veterans, and military affairs committees of the senate and house of representatives, or any successor committees. 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.