E-Verify Legislation in Colorado

Colorado has legislation in place affecting current employers:

HB 1073 enacted on 3/16/2007

• Mandates E-Verify or E-Verify Designated Agent for state contractors.

HB 1009 enacted on 7/31/2006

• HB 1009: 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.

HB 1015 enacted on 7/31/2006

• 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. 

HB 1017 enacted on 1/1/2007

• 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.

HB 1343 enacted on 8/7/2006

• HB 1343: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.

HB 1001 enacted on 10/1/2006

• 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.

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