HOUSE 3rd Reading Unamended July 7, 2006 HOUSE Amended 2nd Reading July 6, 2006First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 06B-2037.01 Thomas Morris HOUSE BILL 06S-1009 HOUSE SPONSORSHIP Crane, Schultheis, and Harvey SENATE SPONSORSHIP Johnson, House Committees Senate Committees Business Affairs and Labor Appropriations A BILL FOR AN ACT Concerning a requirement that governmental entities issue authorizations only to persons who are lawfully present in the United States, and making an appropriation in connection therewith. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Subject to exemptions and definitions found in federal law, requires local governments and divisions, boards, and agencies of the department of regulatory agencies to issue and renew licenses, permits, registrations, certificates, charters, memberships, or similar authorizations to a person only if the person is lawfully present in the United States and to deny or revoke any such authorization upon determining that the person is unlawfully present in the United States. Requires the person to prove his or her identity with a secure and verifiable document. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-34-107 (1), Colorado Revised Statutes, is amended to read: 24-34-107. Applications for licenses - authority to suspend licenses - rules. (1) (a) Every application by an individual for a license issued pursuant to the authority set forth in titles 10, 11, and 12, C.R.S., by any division, board, or agency of the department of regulatory agencies shall require the applicant's name, address, and social security number. Subject to the exemptions found in 8 U.S.C. sec. 1621 (c) (2), to the extent that any such license constitutes a professional license or commercial license regulated by 8 U.S.C. sec. 1621, such division, board, or agency may issue or renew any such license to a person only if the person is lawfully present in the United States, and shall immediately deny or revoke any such license upon determining that the person is unlawfully present in the United States. The person shall prove his or her identity with a secure and verifiable document, as that term is defined in section 24-72.1-102. (b) For purposes of this subsection (1), a person is unlawfully present in the United States if the person is an alien who is not: (I) A qualified alien as defined in 8 U.S.C. sec. 1641; (II) A nonimmigrant under the "Immigration and Nationality Act", federal Public Law 82-414, as amended; or (III) An alien who is paroled into the United States under 8 U.S.C. sec. 1182 (d) (5) for less than one year. (c) This subsection (1) shall be enforced without regard to race, religion, gender, ethnicity, or national origin. SECTION 2. The introductory portion to 29-20-104 (1), Colorado Revised Statutes, is amended, and the said 29-20-104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 29-20-104. Powers of local governments. (1) Except as expressly provided in section 29-20-104.5 and subsection (2) of this section, the power and authority granted by this section shall not limit any power or authority presently exercised or previously granted. Each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by: (2) (a) Subject to the exemptions found in 8 U.S.C. sec. 1621 (c) (2), to the extent that a development permit issued pursuant to this part 1 is a professional license or commercial license regulated by 8 U.S.C. sec. 1621, a local government may issue such permit to a person only if the person is lawfully present in the United States, and shall immediately deny or revoke any such permit upon determining that the person is unlawfully present in the United States. The person shall prove his or her identity with a secure and verifiable document, as that term is defined in section 24-72.1-102, C.R.S. (b) For purposes of this subsection (2), a person is unlawfully present in the United States if the person is an alien who is not: (I) A qualified alien as defined in 8 U.S.C. sec. 1641; (II) A nonimmigrant under the "Immigration and Nationality Act", federal Public Law 82-414, as amended; or (III) An alien who is paroled into the United States under 8 U.S.C. sec. 1182 (d) (5) for less than one year. (c) This subsection (2) shall be enforced without regard to race, religion, gender, ethnicity, or national origin. SECTION 3. 30-15-401, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 30-15-401. General regulations. (10) (a) Subject to the exemptions found in 8 U.S.C. sec. 1621 (c) (2), to the extent that a license, permit, certificate, or other authorization to conduct business issued pursuant to this title constitutes a professional license or commercial license regulated by 8 U.S.C. sec. 1621, a county may issue such authorization to a person only if the person is lawfully present in the United States, and shall immediately deny or revoke any such authorization upon determining that the person is unlawfully present in the United States. The person shall prove his or her identity with a secure and verifiable document, as that term is defined in section 24-72.1-102, C.R.S. (b) For purposes of this subsection (10), a person is unlawfully present in the United States if the person is an alien who is not: (I) A qualified alien as defined in 8 U.S.C. sec. 1641; (II) A nonimmigrant under the "Immigration and Nationality Act", federal Public Law 82-414, as amended; or (III) An alien who is paroled into the United States under 8 U.S.C. sec. 1182 (d) (5) for less than one year. (c) This subsection (10) shall be enforced without regard to race, religion, gender, ethnicity, or national origin. SECTION 4. 31-15-501, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 31-15-501. Powers to regulate businesses. (2) (a) Subject to the exemptions found in 8 U.S.C. sec. 1621 (c) (2), to the extent that any license, permit, certificate, or other authorization to conduct business issued pursuant to this title constitutes a professional license or commercial license regulated by 8 U.S.C. sec. 1621, the governing body of a municipality may issue such authorization to a person only if the person is lawfully present in the United States, and shall immediately deny or revoke any such authorization upon determining that the person is unlawfully present in the United States. The person shall prove his or her identity with a secure and verifiable document, as that term is defined in section 24-72.1-102, C.R.S. (b) For purposes of this subsection (2), a person is unlawfully present in the United States if the person is an alien who is not: (I) A qualified alien as defined in 8 U.S.C. sec. 1641; (II) A nonimmigrant under the "Immigration and Nationality Act", federal Public Law 82-414, as amended; or (III) An alien who is paroled into the United States under 8 U.S.C. sec. 1182 (d) (5) for less than one year. (c) This subsection (2) shall be enforced without regard to race, religion, gender, ethnicity, or national origin. SECTION 5. Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of regulatory agencies, for allocation to the executive director's office, for the fiscal year beginning July 1, 2006, the sum of twenty-four thousand eight hundred dollars ($24,800), or so much thereof as may be necessary, for the implementation of this act. Of said sum, four thousand eight hundred dollars ($4,800) shall be out of any moneys in the division of registrations cash fund created in section 24-34-105 (2) (b) (I), Colorado Revised Statutes, ten thousand dollars ($10,000) shall be out of any moneys in the division of insurance cash fund created in section 10-1-103 (3), Colorado Revised Statutes, and ten thousand dollars ($10,000) shall be out of any moneys in the division of real estate cash fund created in section 12-61-111.5 (2) (b), Colorado Revised Statutes. SECTION 6. Effective date - applicability. This act shall take effect September 1, 2006, and shall apply to issuances, denials, renewals, and revocations of governmental authorizations made on or after said date. SECTION 7. 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.July 6, 2006