First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06B-2036.01 Jery Payne HOUSE BILL 06S-1004 HOUSE SPONSORSHIP Gardner, Harvey, May M., Penry, and Schultheis SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning identification documents used to verify a person's employment eligibility, and, in connection therewith, creating a verifiable identity program, adding an employment eligibility device to identity documents, creating a nonresident identity document, and increasing the punishment for the possession or use of fraudulent identity documents. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates the verifiable identity program. For each applicant for a driver's license or identification card, requires the department of revenue (department) to verify the applicant's employment eligibility within the United States and place a device on the applicant's driver's license or identification card if the applicant is so eligible. Provides criminal and civil immunity to employers if an employee's driver's license or identification card has the device and the employer verifies the driver's license or identification card with the department. Instructs the governor to seek immunity from federal prosecution for employers participating in the verifiable identity program. Authorizes employers to verify an employee's qualifications to lawfully be employed through the program in lieu of any other verification that may be required. Creates a nonresident identification card for persons who are not residents, but are eligible to work within the United States. Raises to a class 1 misdemeanor with a mandatory minimum imprisonment of 6 months the punishment for creating, altering, or using a fake driver's license or identification card. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of article 2 of title 8, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 8-2-122. Verifiable identity program. (1) (a) An employer shall not be liable in a civil action and shall not be prosecuted in a criminal action for having submitted false or incomplete documentation, including, without limitation, tax documents, to the state of Colorado concerning the employment status of an immigrant inadvertently employed in violation of the law if the employer complies with this section. (b) Notwithstanding any other provision of law, an employer who complies with this section shall not be required to verify an employee's qualification to lawfully be employed within the United States. (c) This subsection (1) shall not apply to acts committed after the employer learns that the employee is prohibited from lawful employment within the United States. (2) To comply with this section, an employer shall: (a) Determine whether the driver's license or identification card held by the employee is a verifiable identity document issued pursuant to section 42-1-223, C.R.S.; and (b) Verify the validity of the driver's license or identification card held by the employee pursuant to section 42-1-223, C.R.S. (3) On or before September 1, 2006, the governor shall seek to enter into a memorandum of understanding with the United States immigration and customs enforcement agency to protect employers who comply with this section from federal prosecution for immigration-based violations concerning an employee who is verified pursuant to this section. SECTION 2. Part 2 of article 1 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-1-223. Verifiable identity program. (1) Prior to issuing to a person a driver's license or identification card, the department shall determine whether the person may legally be employed in the United States. If the person may legally be employed, the department shall place the letters "VIP" on the face of the license or card. (2) Notwithstanding section 42-2-114 (1) (a) (IV) and (1) (a) (V), the department shall implement a system that allows an employer to verify the authenticity of a driver's license or identification card over a network, including without limitation the internet. The verification system shall include placing on each driver's license or identification card a magnetic strip to facilitate the transmission of verification data, including at least one biometric, to the department's verification system. SECTION 3. Part 3 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-2-302.5. Department may issue - nonresidents - limitations. (1) (a) (I) A person who is not a resident of Colorado but who may legally be employed within the United States may be issued a nonresident identification card by the department, attested by the applicant and department as to true name, date of birth, current address, legal eligibility for employment within the United States, and other identifying data the department may require. (II) An application for a nonresident identification card shall contain the applicant's fingerprints. (III) An application for a nonresident identification card shall include the applicant's social security number or a sworn statement made under penalty of law that the applicant does not have a social security number. (IV) A nonresident identification card shall not be issued until any previously issued instruction permit or minor driver's or driver's license is surrendered or cancelled. (V) The applicant's social security number shall remain confidential and shall not be placed on the applicant's nonresident identification card. Such confidentiality shall not extend to the state child support enforcement agency, the department, or a court of competent jurisdiction when requesting information in the course of activities authorized under article 13 of title 26, C.R.S., or article 14 of title 14, C.R.S. (b) (I) In addition to the requirements of paragraph (a) of this subsection (1), an application for a nonresident identification card shall state that the applicant agrees, within thirty days after the date the applicant becomes a resident, to register in Colorado any vehicle owned by the applicant. (II) The applicant shall verify the statements required by this paragraph (b) by the applicant's signature on the application. (c) A sworn statement that is made under penalty of perjury shall be sufficient evidence of the applicant's social security number required by this subsection (1). Nothing in this paragraph (c) shall be construed to prevent the department from cancelling, denying, recalling, or updating a nonresident identification card if the department learns that the applicant has provided a false social security number. (2) (a) (I) The department shall issue a nonresident identification card only upon the furnishing of a birth certificate or other documentary evidence of identity that the department may require. An applicant who submits a birth certificate or other documentary evidence issued by an entity other than a state or the United States shall also submit such proof as the department may require that the applicant is lawfully present and may lawfully be employed in the United States. (II) The department shall not accept as proof of identity, lawful presence, or employment eligibility a valid driver's license or identification card issued by a state that issues drivers' licenses or identification cards to persons who are not lawfully present in the United States. The department may assess a fee under section 42-2-306 (1) (b) if the department is required to undertake additional efforts to verify the identity of the applicant. (b) The department may not issue a nonresident identification card to a person who is not lawfully present in the United States or who may not lawfully be employed within the United States. (3) (a) The department shall cancel, deny, or deny the reissuance of a nonresident identification card of a person upon determining that the person is not entitled to issuance of the document for the following reasons: (I) Failure to give the required or correct information in an application or commission of any fraud in making the application; (II) Conviction of misuse of a nonresident identification card; (III) The person is not lawfully present in the United States; or (IV) The person may not lawfully work within the United States. (b) If the department cancels, denies, or denies the reissuance of a nonresident identification card of a person, the person may request a hearing pursuant to section 24-4-105, C.R.S. (4) The department shall not issue a nonresident identification card to a first-time applicant in Colorado until the department completes its verification of all facts relative to the applicant's right to receive a nonresident identification card, including the residency, identity, age, and current licensing status of the applicant. The verification shall utilize appropriate and accurate technology and techniques. The verification shall include a comparison of existing driver's license and identification card images in department files with the applicant's images to ensure the applicant has only one identity. (5) The department shall not issue a nonresident identification card to a person who holds a valid Colorado minor driver's or Colorado driver's license or identification document issued pursuant to section 42-2-302. (6) For the purposes of the "Uniform Motor Vehicle Law", articles 1 to 4 of this title, "identification card" includes both a resident or nonresident identification card; except that "identification card" shall not mean a nonresident identification card in section 42-2-302. SECTION 4. 42-2-303 (1) (b) (I), Colorado Revised Statutes, is amended to read: 42-2-303. Contents of identification card. (1) (b) (I) In the event If the department issues an identification card that contains stored information, such card may include only the information that is specifically referenced in paragraph (a) of this subsection (1) and section 42-1-223 and that appears in printed form on the face of the card issued by the department to the registrant; except that such stored information shall not include the registrant's social security number. SECTION 5. 42-2-136 (6) (a), Colorado Revised Statutes, is amended to read: 42-2-136. Unlawful possession or use of license. (6) (a) Any person who violates any provision of subsections (1) to (5) of this section commits a class 2 class 1 misdemeanor traffic offense and shall be punished as provided in section 18-1.3-501, C.R.S.; except that a minimum imprisonment of six months shall be mandatory, in addition to any other penalty the court may impose. SECTION 6. 42-2-310, Colorado Revised Statutes, is amended to read: 42-2-310. Violation. Any A person who violates any of the provisions of this part 3 commits a class 3 class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.; except that a minimum imprisonment of six months shall be mandatory, in addition to any other penalty the court may impose. SECTION 7. Effective date - applicability. This act shall take effect upon passage and shall apply to offenses committed on or after the effective date of this act. SECTION 8. 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.