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Monday, January 22, 2007 

Colorado SB07-029

A very important public hearing will happen on January 31st. This hearing concerns State Bill SB07-029.

What is this proposed bill? Well lets take a look shall we;

OYEES. 104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires all nongovernmental employers within the state to apply
to participate in the extended federal basic employment verification pilot
program (program) and to participate if accepted. Imposes a fine against
an employer that does not apply to participate in the program. Requires
SENATE SPONSORSHIP
Schultheis,
HOUSE SPONSORSHIP
Lambert, and Looper
SB07-029 -2-
the department of labor and employment to put a mechanism in place to
inform employers of the requirement to apply for participation and how
to comply and to post this information on the department's website. Upon
receipt of a valid complaint of a violation of these provisions, requires the
director of the division of labor to investigate the complaint.
Be it enacted by the General Assembly of the State of Colorado: 1
SECTION 1. Part 1 of article 2 of title 8, Colorado Revised 2
Statutes, is amended BY THE ADDITION OF A NEW SECTION to 3
read: 4
8-2-123. Legislative declaration - definitions - employee's work 5
eligibility status - federal basic employment verification pilot 6
program - department of labor and employment - duties. (1) (a) THE 7
GENERAL ASSEMBLY HEREBY FINDS AND DETERMINES THAT: 8
(I) ENSURING THAT COLORADO EMPLOYERS EMPLOY PERSONS 9
ELIGIBLE TO WORK WITHIN COLORADO IS AN ISSUE OF STATEWIDE 10
CONCERN. 11
(II) IT IS IN THE BEST INTEREST OF THE EMPLOYERS IN COLORADO 12
FOR ALL EMPLOYERS TO FOLLOW FEDERAL LAW AS IT APPLIES TO THE 13
HIRING OF PERSONS WHO ARE AUTHORIZED TO WORK IN THE UNITED 14
STATES. 15
(III) EMPLOYERS WHO VIOLATE THE FEDERAL EMPLOYMENT LAWS 16
WITH RESPECT TO THE HIRING OF PERSONS WHO ARE UNAUTHORIZED TO 17
WORK IN THE UNITED STATES PLACES AN UNDUE ECONOMIC BURDEN ON 18
EMPLOYERS WHO ATTEMPT TO HIRE ONLY PERSONS WHO ARE AUTHORIZED 19
TO WORK IN THE UNITED STATES. 20
(IV) STRICT ADHERENCE TO LEGAL HIRING PRACTICES WILL 21
DECREASE ILLEGAL IMMIGRATION INTO COLORADO AND SUBSTANTIALLY 22
REDUCE THE MILLIONS OF DOLLARS LEAVING COLORADO'S ECONOMY TO 23
SB07-029 -3-
OTHER COUNTRIES. 1
(V) EMPLOYERS IN COLORADO WHO HIRE UNAUTHORIZED PERSONS 2
CREATE AN ATTRACTIVE ENVIRONMENT FOR ILLEGAL IMMIGRANTS TO 3
LOCATE WITHIN COLORADO, WHICH COSTS TAXPAYERS MILLIONS OF 4
DOLLARS TO PROVIDE PUBLIC EDUCATION, HEALTH CARE, AND OTHER 5
SERVICES AND, IN ADDITION, NEGATIVELY AFFECTS OUR JUDICIAL SYSTEM. 6
(b) THE GENERAL ASSEMBLY THEREFORE FINDS AND DETERMINES 7
THAT IT IS IN THE BEST INTEREST OF THE STATE FOR ALL EMPLOYERS TO 8
VERIFY THE SOCIAL SECURITY NUMBERS AND WORK ELIGIBILITY STATUS 9
OF NEWLY HIRED EMPLOYEES AND THAT IT IS IMPORTANT THAT EVERY 10
EMPLOYER IN THE STATE OF COLORADO APPLY FOR PARTICIPATION IN THE 11
EXTENDED FEDERAL BASIC EMPLOYMENT VERIFICATION PILOT PROGRAM 12
FOR THE PURPOSE OF VERIFYING THE WORK ELIGIBILITY STATUS OF NEWLY 13
HIRED EMPLOYEES. 14
(2) AS USED IN THIS SECTION: 15
(a) "EMPLOYER" MEANS A PERSON TRANSACTING BUSINESS IN 16
COLORADO WHO, AT ANY TIME, EMPLOYS ANOTHER PERSON TO PERFORM 17
SERVICES OF ANY NATURE AND WHO HAS CONTROL OF THE PAYMENT OF 18
WAGES FOR SUCH SERVICES OR IS THE OFFICER, AGENT, OR EMPLOYEE OF 19
THE PERSON HAVING CONTROL OF THE PAYMENT OF WAGES; EXCEPT THAT 20
"EMPLOYER" DOES NOT INCLUDE THE FEDERAL GOVERNMENT, THE STATE 21
OF COLORADO, ANOTHER STATE, OR A POLITICAL SUBDIVISION OF 22
COLORADO OR ANOTHER STATE. 23
(b) "PROGRAM" MEANS THE BASIC EMPLOYMENT VERIFICATION 24
PILOT PROGRAM CREATED PURSUANT TO 8 U.S.C. SEC. 1324a, AS 25
EXPANDED TO INCLUDE ALL FIFTY STATES IN THE "BASIC PILOT PROGRAM 26
EXTENSION AND EXPANSION ACT OF 2003", PUB.L. NO. 108-156. 27
SB07-029 -4-
(3) (a) EACH EMPLOYER IN COLORADO SHALL APPLY TO 1
PARTICIPATE IN THE PROGRAM FOR THE PURPOSE OF VERIFYING THE WORK 2
ELIGIBILITY STATUS OF EACH OF THE EMPLOYER'S NEWLY HIRED 3
EMPLOYEES BY THE FOLLOWING DATES: 4
(I) AN EMPLOYER WITH TWO HUNDRED OR MORE EMPLOYEES 5
SHALL APPLY TO PARTICIPATE IN THE PROGRAM NO LATER THAN 6
NOVEMBER 1, 2007; 7
(II) AN EMPLOYER WITH AT LEAST FIFTY EMPLOYEES BUT FEWER 8
THAN TWO HUNDRED EMPLOYEES SHALL APPLY TO PARTICIPATE IN THE 9
PROGRAM NO LATER THAN JULY 1, 2008; AND 10
(III) AN EMPLOYER WITH FEWER THAN FIFTY EMPLOYEES SHALL 11
APPLY TO PARTICIPATE IN THE PROGRAM NO LATER THAN JULY 1, 2010. 12
(b) AN EMPLOYER SHALL SUBMIT AN APPLICATION TO PARTICIPATE 13
IN THE PROGRAM NO LESS FREQUENTLY THAN EVERY SIX MONTHS UNTIL 14
THE EMPLOYER IS ACCEPTED INTO THE PROGRAM. AN EMPLOYER THAT IS 15
ACCEPTED INTO THE PROGRAM SHALL AGREE TO PARTICIPATE IN THE 16
PROGRAM. AN EMPLOYER SHALL RETAIN RECORDS FOR AUDIT PURPOSES 17
THAT SHOW THAT THE EMPLOYER HAS APPLIED TO THE PROGRAM AND, 18
FOLLOWING ACCEPTANCE, SHOW THAT THE EMPLOYER IS AN ACTIVE 19
PARTICIPANT IN THE PROGRAM. 20
(c) FOR EACH THIRTY-DAY PERIOD FOR WHICH AN APPLICATION 21
FOR PARTICIPATION IN THE PROGRAM HAS NOT BEEN SUBMITTED TO THE 22
FEDERAL DEPARTMENT OF HOMELAND SECURITY, AN EMPLOYER THAT 23
FAILS TO APPLY FOR PARTICIPATION IN THE PROGRAM PURSUANT TO 24
PARAGRAPH (a) OF THIS SUBSECTION (3) SHALL BE SUBJECT TO A FINE OF: 25
(I) AT LEAST THREE THOUSAND DOLLARS BUT NOT MORE THAN 26
FIVE THOUSAND DOLLARS IF THE EMPLOYER HAS TWO HUNDRED OR MORE 27
SB07-029 -5-
EMPLOYEES; 1
(II) AT LEAST ONE THOUSAND DOLLARS BUT NOT MORE THAN TWO 2
THOUSAND DOLLARS IF THE EMPLOYER HAS AT LEAST FIFTY EMPLOYEES 3
BUT FEWER THAN TWO HUNDRED EMPLOYEES; 4
(III) AT LEAST FIVE HUNDRED DOLLARS BUT NOT MORE THAN ONE 5
THOUSAND DOLLARS IF THE EMPLOYER HAS FEWER THAN FIFTY 6
EMPLOYEES. 7
(d) THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL VERIFY 8
THAT EACH EMPLOYER HAS COMPLIED WITH PARAGRAPH (a) OF THIS 9
SUBSECTION (3) WITHIN NINETY DAYS AFTER THE FIRST FINDING OF 10
NONCOMPLIANCE. IF THE EMPLOYER IS NOT IN COMPLIANCE, THE 11
DEPARTMENT OF LABOR AND EMPLOYMENT SHALL FINE THE EMPLOYER 12
THE MAXIMUM FINE AMOUNT PURSUANT TO PARAGRAPH (c) OF THIS 13
SUBSECTION (3). 14
(e) UPON REQUEST OF THE DIRECTOR OF THE DIVISION OF LABOR, 15
AN EMPLOYER SHALL SUBMIT EVIDENCE THAT THE EMPLOYER HAS 16
SUBMITTED AN APPLICATION TO PARTICIPATE IN THE PROGRAM TO THE 17
FEDERAL DEPARTMENT OF HOMELAND SECURITY. UPON RECEIPT OF TWO 18
COMPLAINTS THAT AN EMPLOYER HAS NOT COMPLIED WITH THIS SECTION, 19
THE DIRECTOR SHALL REQUEST THE SUBMISSION OF SUCH EVIDENCE 20
WITHIN THIRTY DAYS AFTER THE SECOND COMPLAINT. THE DIRECTOR 21
SHALL LEVY A FINE AGAINST AN EMPLOYER PURSUANT TO PARAGRAPH (c) 22
OF THIS SUBSECTION (3) FOR EACH CALENDAR MONTH THE EMPLOYER 23
FAILS TO SUBMIT SUCH EVIDENCE. 24
(4) THE DEPARTMENT OF LABOR AND EMPLOYMENT, WITH THE 25
COOPERATION OF THE SECRETARY OF STATE, SHALL PUT A MECHANISM IN 26
PLACE TO NOTIFY EACH EMPLOYER OF THE REQUIREMENTS OF THIS 27
SB07-029 -6-
SECTION AND HOW TO COMPLY AND SHALL MAKE THE INFORMATION 1
AVAILABLE ON THE DEPARTMENT'S WEB SITE. 2
(5) (a) AN EMPLOYER SHALL IMMEDIATELY TERMINATE THE 3
EMPLOYMENT OF AN EMPLOYEE UPON RECEIPT OF A FINAL NOTICE FROM 4
THE DEPARTMENT OF HOMELAND SECURITY OF NONCONFIRMATION OF 5
WORK ELIGIBILITY CONCERNING SUCH EMPLOYEE. 6
(b) UPON RECEIPT OF A CREDIBLE COMPLAINT AS DETERMINED BY 7
THE DIRECTOR OF THE DIVISION OF LABOR THAT AN EMPLOYER IS 8
VIOLATING THE PROVISIONS OF THIS SUBSECTION (5), THE DIRECTOR, OR 9
HIS OR HER DESIGNEE, SHALL INVESTIGATE THE COMPLAINT TO DETERMINE 10
IF THE EMPLOYER IS IN VIOLATION OF PARAGRAPH (a) OF SUBSECTION (3) 11
OF THIS SECTION. THE DIRECTOR SHALL FINE A PARTICIPATING EMPLOYER 12
UP TO FIFTY DOLLARS PER DAY FOR EACH EMPLOYEE NOT TERMINATED IN 13
ACCORDANCE WITH THE BASIC PILOT PROGRAM AGREEMENT. 14
SECTION 2. Effective date - applicability. (1) This act shall 15
take effect at 12:01 a.m. on the day following the expiration of the 16
ninety-day period after final adjournment of the general assembly that is 17
allowed for submitting a referendum petition pursuant to article V, 18
section 1 (3) of the state constitution, (August 8, 2007, if adjournment 19
sine die is on May 9, 2007); except that, if a referendum petition is filed 20
against this act or an item, section, or part of this act within such period, 21
then the act, item, section, or part, if approved by the people, shall take 22
effect on the date of the official declaration of the vote thereon by 23
proclamation of the governor. 24
(2) The provisions of this act shall apply to acts occurring on or 25
after the applicable effective date of this act.

BASCILY WHAT THIS BILL SAYS IS THAT COLORADO EMPLOYERS WILL BE REQUIRED TO DO AN IDENTITY CHECK ON THE SOCIAL SECURITY NUMBERS GIVEN BY PROSPECTIVE EMPLOYEES FOR A JOB. HELPING TO IDENTIFY ILLEGALS USEING FRAUDULENTLY ATTAINED IDENTIFICATION IN ORDER TO HIDE THIER PRESSENCE ILLEGALLY IN THIS COUNTRY.

Colorado Sen. Dave Schultheis (R - Colorado Springs) has introduced his first bill, SB07-029, concerning illegal aliens. This bill will go before the Senate State, Veterans, and Military Affairs Committee on the afternoon of Wednesday, January 31, 2007, for a public hearing. Public Testimony is needed in support of this legislation.

The hearing is Wednesday, January 31, 2007 at 1:30 pm
in the Senate State Affairs committee room #353, State Capitol

WE NEED YOU THERE!

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  • I'm Devious Mind
  • From Denver, Colorado, United States
  • Good judgemnt comes from experiance. Experiance comes from bad judgement. Karma, its a bitch.
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