First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06B-2026.01 Jerry Barry SENATE BILL 06S-001 SENATE SPONSORSHIP Hagedorn, HOUSE SPONSORSHIP (None), Senate Committees House Committees Health and Human Services A BILL FOR AN ACT Concerning restrictions on public benefits for persons eighteen years of age or older. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) 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. (1) Except as otherwise provided in subsection (3) of this section or where exempted by federal law, on and after July 1, 2007, 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. (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 assistance for 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; (f) For prenatal care; or (g) For postsecondary education, for which the commission on higher education shall promulgate rules regarding postsecondary benefits that comply with all federal laws, including but not limited to public benefits as described in 8 U.S.C. sec. 1611, 1621, or 1623. (4) An agency or 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 execute an affidavit stating: (a) That he or she is a United States citizen or legal permanent resident; or (b) That he or she is a qualified alien or nonimmigrant under the federal "Immigration and Nationality Act", 8 U.S.C. sec. 1101 et seq., lawfully present in the United States. (5) For an applicant who has executed an affidavit stating that he or she is an alien lawfully present in the United States, verification of eligibility for federal public benefits or state or local public benefits shall be made through the federal systematic alien verification of entitlement program, referred to in this section as the "SAVE program", operated by the United States department of homeland security or a successor program designated by the United States department of homeland security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for purposes of this section. (6) A person who knowingly makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to subsection (5) of this section shall be guilty of a violation of section 18-8-503, C.R.S. (7) Agencies or political subdivisions of this state may adopt variations of the requirements of 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. (8) It shall be unlawful for an agency or 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 of 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. (9) Errors and significant delays by the SAVE program shall be reported to the United States department of homeland security and to the secretary of state, both of which monitor the SAVE program and its verification application errors and significant delays and report yearly on such errors and delays, to ensure that the application of the SAVE program is not wrongfully denying benefits to legal residents of the state. (10) Notwithstanding the provisions of subsection (6) of this section, an applicant for a federal public benefit or a state or local public benefit shall not be guilty of a crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this section. 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.