First Extraordinary Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06B-2073.02 Kristen Forrestal  HOUSE BILL 06S-1017
                    HOUSE SPONSORSHIP
 Solano,  and Paccione
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Business Affairs and Labor
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning documentation by an employer that
            demonstrates compliance with federal employment
            verification requirements.
       
       
                           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 employer in Colorado to attest that the employer has
       verified the legal work status of each employee, that the employer has not
       altered or falsified the employee's identification documents, and that the
       employer has not knowingly hired an unauthorized alien.
            Requires each employer in Colorado to submit documentation to
       the director of the division of labor within the department of labor and
       employment that demonstrates that the employer is in compliance with
       federal employment verification requirements.  Authorizes the director to
       conduct random audits of employers to ensure compliance with the
       federal laws.  Requires the director to request documentation if the
       director receives a valid complaint that an employer is not in compliance
       with federal law.  Subjects an employer to a fine for the failure to provide
       documentation or for the provision of fraudulent documentation.
       
       
       
       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 A NEW SECTION to read:
            8-2-122.  Employment verification requirements - quarterly
       report - audits - fine for fraudulent documents - definitions.  (1)  As
       used in this section, unless the context otherwise requires:
            (a)  "Director" means the director of the division.
            (b)  "Division" means the division of labor in the
       department of labor and employment.
            (c)  "Employer" means a person or entity that:
            (I)  Transacts business in Colorado;
            (II)  At any time, employs another person to perform
       services of any nature; and
            (III)  Has control of the payment of wages for such
       services or is the officer, agent, or employee of the person or
       entity having control of the payment of wages.
            (d)  "Unauthorized alien" has the same meaning as set
       forth in 8 U.S.C. sec. 1324a (h) (3).
            (2)  Each employer in Colorado shall attest that the
       employer has verified the legal work status of each 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 copy of the attestation, and of the
       documents required by 8 U.S.C. sec. 1324a, for the term of
       employment of each employee.
            (3)  Upon the request of the director, an employer shall
       submit documentation to the director that demonstrates that
       the employer is in compliance with the employment verification
       requirements specified in 8 U.S.C. sec. 1324a (b) and
       documentation that the employer has complied with the
       requirements of subsection (2) of this section.  The director or
       the director's designee may conduct random audits of employers
       in Colorado to obtain the documentation.  Upon receipt of any
       credible complaint that an employer has not complied with the
       employment verification requirements, the director shall
       request the employer to submit the documentation.
            (4)  An employer who fails to submit the documentation
       required by this section, or who submits false or fraudulent
       documentation, shall be subject to a fine of not more than one
       thousand dollars for the first offense and not more than five
       thousand dollars for the second and any subsequent offense.
            SECTION 2.  Effective date - applicability.  This act shall take
       effect upon passage and shall apply to employees hired on or after
       January 1, 2007.
            SECTION 3.  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.