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Colorado

Immigration and Employment Verification

Enacted Legislation

HB 1073: Final version (January 25, 2007) prohibits a state agency or political subdivision from entering into or renewing a public contract for services with a contractor who knowingly employs or contracts with an illegal alien to perform work under the contract or who knowingly contracts with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. Prior to executing a public contract for services, each prospective contractor shall certify that, at the time of the certification, it does not knowingly employ or contract with an illegal alien and that the contractor has participated or attempted to participate in the basic pilot program in order to confirm the employment eligibility of all newly hired employees. Effective August 8, 2007.

To view the final version of this bill, click here.

HB 1009: Final version (July 31, 2006), states that government entities may only issue or renew licenses, permits, certificates, or other authorizations to conduct business to persons who are lawfully present in the U.S. Applicants for professional and commercial licenses must prove identity with a secure and verifiable document, which will be kept confidential by the agency. Effective January 1, 2007.

To view the final version of this bill, click here.

HB 1015: Final version (July 31, 2006) mandates that employers withhold 4.63% from the wages of employees without a validated Social Security Number or taxpayer ID number or who provide an IRS-issued taxpayer ID for non-resident aliens. Sets forth an implementation plan for the establishment of a work eligibility verification portal, that on and after January 1, 2008 will enable a person to access a database to verify whether a taxpayer identification number is valid. Effective upon enactment, but tax withholding provisions take effect and shall be applied to services performed and payment obligations accrued on or after January 1, 2008.

To view the final version of this bill, click here.

HB 1017: Final version (July 31, 2006) requires:

Affirmation - Every employer in Colorado must affirm, in writing, that it has (1) examined the legal work status of the new employee, (2) retained file copies of the employee's identification documents, (3) not altered or falsified the documents presented by the employee, and (4) has not knowingly hired an unauthorized foreign worker. The employer must retain a written or electronic copy of the affirmation for the term of employment of each employee. Employers must make the affirmation within twenty days of hiring a new employee. The Colorado Division of Labor has developed a standard "Affirmation of Work Status Form" that can be used to satisfy the affirmation requirement.

Document retention - The employer must keep a written or electronic copy of the identity documents the employee presented in conjunction with the federal I-9 form. The copies must be retained for the term of employment of each employee. Note that federal regulations do not require the retention of the documents presented by an employee in when completing the I-9 form.

Effective January 1, 2007.

To view final version of this bill, click here.

HB 1343: Final version (June 6, 2006) prohibits the state or any political subdivision of the state from entering into or renewing a public contract for services with an individual or entity that: (1) employs or contracts with an unauthorized worker to perform work under the contract, or (2) contracts with a subcontractor who employs or contracts with an unauthorized worker to do the same. Any individual or entity that seeks to enter into a contract for the procurement of services with a state agency or a political subdivision of the state must certify to the state that it does not knowingly employ unauthorized workers and has enrolled and participated in the Department of Homeland Security's Basic Pilot Program to verify it does not employ any unauthorized workers. Under HB 1343, every public contract for services in Colorado must include several provisions relating to the employment of foreign workers. Effective August 7, 2006.

To view final version of this bill, click here.

HB 1001: Final version (July 31, 2006) requires employers to verify work authorization and prove the legal status of employees in order to qualify for an economic development incentive (in the form of grants, loans and performance-based incentives) awarded by the Colorado Economic Development Commission. The bill also encourages all local governments that participate in economic development incentive programs to develop standards to ensure that all employers who are awarded economic development incentives employ only U.S. citizens or those lawfully present in the state of Colorado who have the authority to work. Employers found not to be in compliance will receive notice of non-compliance, be required to repay the total amount of money received within 30 days, and be ineligible to be awarded an economic development incentive for 5 years after the date the employer has repaid the Commission. Effective October 1, 2006.

To view final version of this bill, click here.

SB 139: Final version (May 20, 2008) requires the Department of Labor and employment to notify employers, quarterly for the next two years and twice per year thereafter, of the prohibition against hiring or continuing to employ an unauthorized alien and the availability of and participation requirements for the federal electronic verification program (e-verify program) to verify the work eligibility status of new employees. The bill also requires the Department and the Secretary of State to post on their respective Web sites information about the prohibition against hiring unauthorized aliens and the E-verify program and a link to the E-verify program Web site. Effective August 6, 2008.

To view the final version of this bill, click here.

HB 1325: Final version (June 5, 2008) requires the executive director of the Department of Labor and Employment, in conjunction with the Commissioner of the Department of Agriculture, to implement the nonimmigrant agricultural seasonal worker pilot program for the purpose of expediting recruitment, application, and approval of workers through the federal H-2A certification process. The bill also calls for the creation a comprehensive program through which Colorado agricultural businesses could obtain H-2A workers and will regulate various aspects of the H-2A users stay. Effective August 6, 2008.

To view the final version of this bill, click here.

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