Legislative Status Report - 2006 Special Session

SB06S-001
S: Hagedorn
H: Reisberg

Restrict Public Benefits: Requires state and county agencies to verify immigration or citizenship status of anyone over 18 who applies for public benefits. Exempts emergency medical, immunization, prenatal care, communicable disease, community services, disaster relief and, as required by federal law, postsecondary education. Directs verification to the federal SAVE program; sets misdemeanor penalties for fraud; requires agencies to report compliance.
State Fiscal Impact: None

Services for Communicable Diseases: Exempts from any prohibition of services to illegal immigrants the investigation, identification, testing, preventive care or treatment of epidemic or communicable diseases, including but not limited to tuberculosis, HIV infection, AIDS and venereal diseases.
State Fiscal Impact: None

Introduced 7/6/06
Pass amended House Business Affairs & Labor 7/6
Passed House 2nd reading 7/6
Passed House 3rd reading 7/7
Passed Senate State, Veterans & Military Affairs 7/7
Passed Senate 2nd reading 7/7
Passed Senate 3rd reading 7/8
Signed by Senate President and Speaker of the House 7/10
Signed by the Governor 7/31

Restrict Certain Public Benefits: Refers to Colorado voters a statutory measure allowing state and local governments to provide retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance or unemployment benefits only to those with a valid Colorado driver's license or ID card.
State Fiscal Impact: None

Restrict Specified Public Benefits: Refers to Colorado voters a measure to amend the Colorado Constitution allowing state and local governments to provide retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance or unemployment benefits only to U.S. citizens and aliens lawfully present.
State Fiscal Impact: None

Eligibility for Economic Development Incentives: Requires employers seeking economic development incentive awards to verify that they do not employ illegal immigrants; directs the Colorado Economic Development Commission to establish a verification procedure; requires existing award holders to repay the award if the EDC finds a violation and makes the company ineligible for awards for a specified time.
State Fiscal Impact: None

Verifiable Identity Program: Establishes a program within the Colorado Depot. of Revenue to verify a person's employment eligibility by placing a device on the person's state driver's license or identification card; creates a nonresident ID card for those eligible to work in the U.S.; provides immunity to employers who follow the procedure; instructs the governor to seek immunity from federal prosecution for compliant employers; raises the penalty for making or using phony cards to mandatory 6 months in prison.
State Fiscal Impact: $1.4 million in 06-07; $500,000 in 07-08

Deny Business Permits for Illegal Aliens: Requires state and local governments to issue and renew licenses, permits, registrations, certificates or similar authorizations only if the person is lawfully present in the U.S., and requires denial or revocation of such authorization if the person is unlawfully present; requires the business applicant to prove his or her identity with a secure and verifiable document.
State Fiscal Impact: $24,800 in FY 06-07

Withhold State Tax for Services: Requires those who pay for services from independent contractors to deduct and withhold state incomes taxes at the full rate of 4.63 percent if the person who performed the services fails to provide a correct taxpayer ID number.
State Fiscal Impact: Potential increases in 06-07 and 07-08

Employer Fines for Fraudulent Documents: Requires all Colorado employers to attest verification of legal work status of all employees, that ID documents haven't been altered, and that the employer hasn't knowingly hired an unauthorized immigrant. Authorizes random audits for compliance by the Colorado Dept. of Labor & Employment and sets penalties for violations.
State Fiscal Impact: $113,670 in 06-07; $202,864 in 07-08

Verification of Employee Identification: Requires anyone hiring, recruiting or referring workers for employment to require a valid driver's license or ID card, make a copy and submit documentation to the Colorado Dept. of Labor & Employment; sets penalties for violations.
State Fiscal Impact: None in 06-07; $62,178 in 07-08

HB06S-1019
H: Benefield
S:

Labor Services Tax Deduction: Refers to Colorado voters a statutory measure to prohibit businesses from claiming wages paid as a deductible business expense for state income taxes, unless the worker earning the wages is an authorized employee.
State Fiscal Impact: None in 06-07; $43,750 in 07-08

HB06S-1020
H: Benefield
S: Windels

Unauthorized Alien Labor Tax Deduction: Refers to Colorado voters a statutory measure to prohibit prohibit businesses from claiming wages paid to unauthorized immigrants as a deductible business expense for state income taxes.
State Fiscal Impact: None in 06-07; $43,750 in 07-08

Introduced 7/6/06
Refer amended House Business Affairs & Labor 7/6
Passed House Appropriations 7/6
Passed with amendments House 2nd reading 7/6
Passed House 3rd reading 7/7
Refer amended Senate Business, Labor & Technology 7/7
Passed Senate Appropriations 7/7
Passed with amendments Senate 2nd reading 7/7
Passed Senate 3rd reading 7/8
Signed by Senate President and Speaker of the House 7/10
Measure goes to Colorado voters on Nov. 7, 2006

Withhold Income if No Tax ID Number: Requires payments to workers under an "information return" to deduct and withhold state income tax at the full rate of 4.63 percent if the backup withholding provisions of the IRS code apply to the payment; creates an exception for those with a validated taxpayer ID number.
State Fiscal Impact: Potential increases

S: Shaffer
H: McFadyen

Immigration Extortion: Expands the definition of criminal extortion to include threats by an individual to report the immigration status of another person to law enforcement officials. (Under current law, criminal extortion is a Class IV felony, or Class III with aggravating circumstances.)
State Fiscal Impact: $87,194 in 06-07; $26,813 in 07-08

HB06S-1008
H: Cadman
S:

Trespass by Illegal Aliens: Makes it a crime for a person who is a citizen of another country to be in Colorado while in violation of federal immigration law.
State Fiscal Impact: $435,970 in 07-08

Comprehensive Immigration Reform (7-section act):
1. Requires employers to participate in federal employment verification program.
2. & 3. In criminal cases, a defendant's status as an illegal alien becomes an aggravating circumstance for sentencing, and removes the possibility of deportation as a mitigating circumstance.
4. Directs Colorado State Patrol to train troopers, police and deputies to enforce federal immigration laws.
5. Requires county sheriffs to notify U.S. Dept. of Homeland Security if a suspect jailed for a felony or alcohol or drug offense is an illegal immigrant.
6. Directs Colorado Dept. of Regulatory Agencies to analyze immigration assistance providers who are not licensed to practice law in Colorado.
7. If voters approve a ballot measure to restrict services, requires state and local governments to enforce the restriction.
State Fiscal Impact: $559,000 in 06-07; $8.2 million in 07-08

Illegal Immigration Costs Reimbursement: Directs the state attorney general to pursue all available remedies to recover reimbursement from the federal government for costs incurred by the state of Colorado in dealing with illegal immigration. Major areas include, but are not limited to, incarceration, education, health care and foster care.
State Fiscal Impact: $45,822 in 06-07

Attorney General to Initiate Immigration Lawsuit: Refers to Colorado voters a statutory measure directing the state attorney general to sue the federal government to demand federal enforcement of federal immigration laws.
State Fiscal Impact: Addressed through the budget process

Voting By Persons Not Entitled To Vote: Outlaws voting by anyone not entitled to vote in an election, establishes the crime as a Class V felony. Also includes a 5-year appropriation for prison construction.
State Fiscal Impact: FY06-07: $87,194*; FY07-08: $26,813

Documentation For Elector ID: Requires persons who register to vote to provide proof of U.S. citizenship (passport, birth certificate or certificate of naturalization); exempts registered voters who move within a county or change party affiliation; requires all eligible voters to present secure and verifiable ID to vote. Also requires driver's license applicants to submit proof of citizenship and requires licenses to indicate citizenship. (Identical to HB06S-1013)
State Fiscal Impact: $70,600 in 06-07

Documentation For Elector ID: Requires persons who register to vote to provide proof of U.S. citizenship (passport, birth certificate or certificate of naturalization); exempts registered voters who move within a county or change party affiliation; requires all eligible voters to present secure and verifiable ID to vote. Also requires driver's license applicants to submit proof of citizenship and requires licenses to indicate citizenship. (Identical to SB06S-008)
State Fiscal Impact: $70,600 in 06-07

Involuntary Servitude: Creates a new Class III felony defined as coercing another person to perform labor or services, with or without pay, by threatening to take actions that would result in that person's incarceration or deportation from the United States.
State Fiscal Impact: $174,388 in 06-07; $71,065 in 07-08

Involuntary Servitude Extortion: Prohibits the use of threats to coerce an person to perform involuntary labor or services; prohibits extortion based on threats relating to a person's status as an illegal immigrant. Makes a 5-year statutory appropriation of $1.7 million for the Dept. of Corrections.
State Fiscal Impact: $261,582 for 06-07; $97,878 for 07-08

Crime of Involuntary Servitude: Criminalizes the act of forcing a person to perform labor or services under threat of physical harm or restraint; physical restraint; abuse of the law or legal process; destroying or hiding a person's immigration documents. Adds a new felony for involuntary servitude of a person under 18.
State Fiscal Impact: $348,776 in 06-07; $360,115 in 07-08; 5-year cost is $1.7 million.

Supreme Court Initiative Appeal Time Frame: Requires the court to issue decisions on appeals related to proposed initiatives and constitutional amendments within 30 days after the date briefs were submitted.
State Fiscal Impact: None

Introduced 7/6/06
Refer unamended Senate Judiciary 7/6
Passed Senate Appropriations 7/6
Passed Senate 2nd reading 7/6
Passed Senate 3rd reading 7/7
Refer amended House Judiciary 7/7
Pass unamended House Appropriations 7/7
Passed with amendments House 2nd reading 7/8
Passed House 3rd reading 7/9
Senate considers House amendments, adhered to Senate version 7/9 (rejects House amendments)
House considers motion to recede from its version, motion fails, bill is lost. 7/10

Supreme Court Initiative Appeal Time Frame: Requires the court to issue decisions on appeals related to proposed initiatives and constitutional amendments within 60 days after the filing date.
State Fiscal Impact: None in FY06-07; $80,315 for FY07-08

Common Law Marriage Age Restrictions: Requires both parties in a common law marriage to be 18 or older; affirms common law marriage except as already prohibited between certain relatives or prior to dissolution of earlier marriages. (Section 14-2-110, C.R.S.)
State Fiscal Impact: None

Abrogate Common Law Marriage: Abolishes common law marriage in Colorado. Does not invalidate common law marriages from other states or countries. Amends probate code regarding common law marriage and right of survivorship.
State Fiscal Impact: None