After consideration on the merits, the Committee recommends that HB12-1012 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 2, strike lines 12 through 15 and substitute:

"(I) FOR A PROJECT ADMINISTERED OR OVERSEEN BY THE
DEPARTMENT OF TRANSPORTATION, FIFTY THOUSAND DOLLARS;".

After consideration on the merits, the Committee recommends that HB12-1105 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.


Amend reengrossed bill, page 3, line 1, strike everything after
"LOCATED.".

Page 3, strike lines 2 through 4 and substitute "THE WIND ENERGY
AGREEMENT OR NOTICE OR MEMORANDUM EVIDENCING A WIND ENERGY
AGREEMENT MUST INCLUDE THE NAME OF THE OWNER OF THE SURFACE
ESTATE, THE NAME OF THE LESSEE, EASEMENT HOLDER, LICENSEE, OR
CONTRACTING PARTY UNDER THE WIND ENERGY AGREEMENT, AND THE
LEGAL DESCRIPTION OF THE PROPERTY. THE WIND ENERGY AGREEMENT OR
NOTICE OR MEMORANDUM EVIDENCING A WIND ENERGY AGREEMENT MUST
BE INDEXED IN BOTH THE GRANTOR AND GRANTEE INDICES UNDER THE
NAME OF THE OWNER OF THE SURFACE ESTATE AND THE LESSEE,
EASEMENT HOLDER, LICENSEE, OR CONTRACTING PARTY UNDER THE WIND
ENERGY AGREEMENT.".

Page 3, line 5, after "(3)" insert "(a)".

Page 3, line 7, after "AGREEMENT" insert "OR NOTICE OR MEMORANDUM
EVIDENCING A WIND ENERGY AGREEMENT".

Page 3, line 9, after "LOCATED." insert "THE RELEASE MUST INCLUDE THE
NAME OF THE OWNER OF THE SURFACE ESTATE, THE NAME OF THE LESSEE,
EASEMENT HOLDER, LICENSEE, OR CONTRACTING PARTY UNDER THE WIND
ENERGY AGREEMENT, THE LEGAL DESCRIPTION OF THE PROPERTY, AND THE
ORIGINAL RECEPTION NUMBER OR BOOK AND PAGE NUMBER OF THE WIND
ENERGY AGREEMENT. THE RELEASE MUST BE INDEXED IN BOTH THE
GRANTOR AND GRANTEE INDICES UNDER THE NAME OF THE OWNER OF THE
SURFACE ESTATE AND THE LESSEE, EASEMENT HOLDER, LICENSEE, OR
CONTRACTING PARTY UNDER THE WIND ENERGY AGREEMENT.".

Page 3, line 10, after "ESTATE" insert "OR THE OWNER'S DESIGNEE".

Page 3, strike lines 11 and 12 and substitute "AND DELIVER IT
PERSONALLY OR BY CERTIFIED MAIL, FIRST CLASS POSTAGE PREPAID,
RETURN RECEIPT REQUESTED, TO THE WIND ENERGY".

Page 3, line 15, strike everything after "REQUEST.".

Page 3, strike lines 16 through 21 and substitute:

"(b) THE WIND ENERGY DEVELOPER SHALL RECORD THE RELEASE
WITHIN NINETY DAYS AFTER THE RECEIPT OF THE REQUEST. IF THE WIND
ENERGY DEVELOPER FAILS TO RECORD THE RELEASE WITHIN NINETY DAYS
AFTER THE RECEIPT OF THE REQUEST, THE WIND ENERGY DEVELOPER IS
LIABLE TO THE OWNER OF THE SURFACE ESTATE FOR ANY DAMAGES
CAUSED BY THE WIND ENERGY DEVELOPER'S FAILURE TO RECORD THE
RELEASE. A COPY OF THE WRITTEN REQUEST HAS THE SAME FORCE AND
EFFECT AS THE ORIGINAL REQUEST IN AN ACTION FOR DAMAGES.".

Page 4, strike lines 7 through 16 and substitute:
"38-30.7-104. Reversion of easements. (1) UNLESS THE OWNER
OF THE SURFACE ESTATE AND WIND ENERGY DEVELOPER OTHERWISE
AGREE, ALL EASEMENT INTERESTS ACQUIRED AFTER JULY 1, 2012, FOR THE
PURPOSE OF PRODUCING WIND ENERGY REVERT TO THE OWNER OF THE
SURFACE ESTATE IF WIND ENERGY PRODUCTION HAS CEASED FOR A
CONTINUOUS PERIOD OF FIFTEEN YEARS OR IF THE GENERATION OF
ELECTRICITY BY A TURBINE HAS NOT COMMENCED WITHIN FIFTEEN YEARS
AFTER THE EXECUTION OF A WIND ENERGY AGREEMENT. REVERSION OF AN
INTEREST UNDER THIS SECTION DOES NOT TRANSFER ANY OBLIGATION TO
RESTORE OR RECLAIM THE SURFACE ESTATE.
(2) THE LESSEE, EASEMENT HOLDER, LICENSEE, OR CONTRACTING
PARTY UNDER THE WIND ENERGY AGREEMENT SHALL RECORD IN THE
OFFICE OF THE COUNTY CLERK AND RECORDER WHERE THE LAND SUBJECT
TO THE WIND ENERGY AGREEMENT IS LOCATED AN AFFIDAVIT STATING
THAT THE GENERATION OF ELECTRICITY BY A TURBINE HAS COMMENCED.
IF NO SUCH AFFIDAVIT IS RECORDED, THEN THE WIND ENERGY AGREEMENT
EXPIRES BY ITS OWN TERMS. IF NO TERMS ARE GIVEN, THE WIND ENERGY
AGREEMENT EXPIRES NO MORE THAN FIFTEEN YEARS AFTER THE
EXECUTION OF THE WIND ENERGY AGREEMENT. THE AFFIDAVIT MUST
INCLUDE THE NAME OF THE OWNER OF THE SURFACE ESTATE, THE NAME OF
THE LESSEE, EASEMENT HOLDER, LICENSEE, OR CONTRACTING PARTY
UNDER THE WIND ENERGY AGREEMENT, THE LEGAL DESCRIPTION OF THE
PROPERTY, AND THE ORIGINAL RECEPTION NUMBER OR BOOK AND PAGE
NUMBER OF THE WIND ENERGY AGREEMENT. THE AFFIDAVIT MUST BE
INDEXED IN BOTH THE GRANTOR AND GRANTEE INDICES UNDER THE NAME
OF THE OWNER OF THE SURFACE ESTATE AND THE LESSEE, EASEMENT
HOLDER, LICENSEE, OR CONTRACTING PARTY UNDER THE WIND ENERGY
AGREEMENT.".


Finance

53 HB12-1309 be amended as follows, and as so amended, be referred to
54 the Committee on Agriculture, Livestock, & Natural
55 Resources with favorable recommendation:
56
1 Amend printed bill, strike everything below the enacting clause and
2 substitute:
3 "SECTION 1. In Colorado Revised Statutes, amend 8-2-122 as
4 follows:
5
6 8-2-122. Verification of employee work eligibility status - short
7 title - legislative declaration - definitions - e-verify program - audits
8 - fines - cash fund. (1) THIS SECTION SHALL BE KNOWN AND MAY BE
9 CITED AS THE "COLORADO MANDATORY E-VERIFY ACT".
10
11 (2) (a) THE GENERAL ASSEMBLY HEREBY FINDS AND DETERMINES
12 THAT:
13
201214 (I) THE GENERAL ASSEMBLY'S TOP PRIORITY FOR THE
15 LEGISLATIVE SESSION IS PUTTING COLORADANS BACK TO WORK;
16
17 (II) OUR STATE HAS OVER FOUR HUNDRED THOUSAND PEOPLE OUT
18 OF WORK WHO DESPERATELY NEED SOMETHING BETTER FOR THEMSELVES
19 AND THEIR FAMILIES;
20
21 (III) UNEMPLOYMENT AMONG VETERANS RETURNING FROM IRAQ
22 OR AFGHANISTAN IS NEARLY DOUBLE THE RATE AMONG THE POPULATION
23 AT LARGE;
24
25 (IV) YOUTH AND MINORITIES HAVE AN EVEN TOUGHER TIME
26 FINDING WORK;
27
28 (V) EVERY DAY, ONE HUNDRED FIFTY THOUSAND UNAUTHORIZED
29 ALIENS HEAD OFF TO WORK IN COLORADO, MANY OF THEM DOING SO IN
30 DEFIANCE OF COLORADO LAW MANDATING THAT EMPLOYERS VERIFY THE
31 WORK ELIGIBILITY OF NEWLY HIRED EMPLOYEES BY CHECKING
32 PAPER-BASED FORMS OF IDENTIFICATION, SUCH AS DRIVER'S LICENSES OR
33 SOCIAL SECURITY CARDS;
34
35 (VI) WHILE THE CURRENT LAW, WHICH WAS PASSED DURING THE
36 2006 FIRST EXTRAORDINARY SESSION OF THE SIXTY-FIFTH GENERAL
37 ASSEMBLY ADDRESSING IMMIGRATION REFORM, REQUIRES EMPLOYERS TO
38 VERIFY WORK ELIGIBILITY USING PAPER-BASED FORMS OF IDENTIFICATION,
39 THAT MODE OF VERIFICATION IS OUTDATED AND RELATIVELY EASY TO
40 FORGE;
41
42 (VII) COLORADO CITIZENS STRUGGLING TO FIND SCARCE JOBS
43 DESERVE BETTER, AND IT IS TIME TO BRING EMPLOYMENT VERIFICATION
44 INTO THE TWENTY-FIRST CENTURY BY MANDATING THAT ALL COLORADO
45 EMPLOYERS USE THE INTERNET-BASED FEDERAL EMPLOYMENT
46 VERIFICATION SYSTEM, KNOWN AS "E-VERIFY", ADMINISTERED BY THE
47 UNITED STATES DEPARTMENT OF HOMELAND SECURITY, TO BETTER
48 ENSURE THAT ONLY THOSE COLORADANS WHO ARE LEGALLY ENTITLED TO
49 WORK HERE ARE DOING SO;
50
51 (VIII) ANYONE, INCLUDING LEGITIMATE JOB-SEEKERS, CAN GO ON
52 THE E-VERIFY WEB SITE AND RUN A SELF-CHECK TO MAKE SURE THEY ARE
53 ELIGIBLE AND CLEAR UP ANY POTENTIAL PROBLEMS, SUCH AS IDENTITY
54 THEFT, BEFORE APPLYING FOR WORK;
55
56 (IX) E-VERIFY IS ALREADY WIDELY USED IN COLORADO AND
1 THROUGHOUT THE COUNTRY AT LARGE;
2
3 (X) OVER TWENTY THOUSAND COLORADO BUSINESS SITES AND
4 SEVEN HUNDRED THOUSAND BUSINESS SITES ACROSS THE NATION USE THE
5 SYSTEM ON A VOLUNTARY BASIS;
6
7 (XI) NINE OTHER STATES HAVE ALREADY PASSED LEGISLATION
8 REQUIRING PRIVATE EMPLOYERS TO USE E-VERIFY, A MANDATE THAT THE
9 UNITED STATES SUPREME COURT HAS DECLARED CONSTITUTIONAL.
10
11 (b) THE GENERAL ASSEMBLY THEREFORE FINDS AND DETERMINES
12 THAT IT IS:
13
14 (I) IN THE BEST INTEREST OF THE STATE FOR ALL EMPLOYERS TO
15 VERIFY THE SOCIAL SECURITY NUMBERS AND WORK ELIGIBILITY STATUS
16 OF NEWLY HIRED EMPLOYEES; AND
17
18 (II) IMPORTANT THAT EVERY EMPLOYER IN COLORADO
19 PARTICIPATE IN E-VERIFY FOR THE PURPOSE OF VERIFYING THE WORK
20 ELIGIBILITY STATUS OF NEWLY HIRED EMPLOYEES.
21
22 (1) (3) As used in this section, unless the context otherwise
23 requires:
24
25 (a) "BUSINESS LICENSE" MEANS A LICENSE, PERMIT, CERTIFICATE,
26 APPROVAL, REGISTRATION, CHARTER, OR SIMILAR FORM OF
27 AUTHORIZATION REQUIRED BY LAW AND ISSUED BY AN AGENCY FOR THE
28 PURPOSE OF OPERATING A BUSINESS IN THIS STATE.
29
30 (a) (b) "Director" means the director of the division.
31
32 (b) (c) "Division" means the division of labor in the department
33 of labor and employment.
34
35 (c) (d) "Employer" means a person or entity that:
36
37 (I) Transacts business in Colorado;
38
39 (II) At any time, employs another person to perform services of
40 any nature IN COLORADO; and
41
42 (III) Has control of the payment of wages for such services or is
43 the officer, agent, or employee of the person or entity having control of
44 the payment of wages.
45
46 (e) "E-VERIFY PROGRAM" OR "PROGRAM" MEANS THE ELECTRONIC
47 EMPLOYMENT VERIFICATION PROGRAM, FORMERLY KNOWN AS THE "BASIC
48 PILOT PROGRAM", AUTHORIZED UNDER PUB.L. 104-208, DIVISION C, TITLE
49 IV, SUBTITLE A, 110 STAT. 3009-655, (SEPT. 30, 1996), AS AMENDED, AND
50 JOINTLY ADMINISTERED BY THE UNITED STATES DEPARTMENT OF
51 HOMELAND SECURITY AND THE SOCIAL SECURITY ADMINISTRATION, OR ITS
52 SUCCESSOR PROGRAM.
53
54 (f) "FEDERAL LAW" MEANS SECTION 274A OF THE FEDERAL
55 "IMMIGRATION AND NATIONALITY ACT", AS AMENDED, 8 U.S.C. SEC.
56 1324a, AND ANY FEDERAL REGULATIONS ADOPTED PURSUANT TO 8 U.S.C.
1 SEC. 1324a.
2
3 (d) (g) "Unauthorized alien" has the same meaning as set forth in
4 8 U.S.C. sec. 1324a (h) (3).
5
6 (2) (4) (a) On and after January 1, 2007, within twenty days after
7 hiring a new employee, each employer in Colorado shall affirm that the
8 employer has examined the legal work status of such newly hired
89 employee and has retained file copies of the documents required by
10 U.S.C. sec. 1324a; that the employer has not altered or falsified the
11 employee's identification documents; and that the employer has not
12 knowingly hired an unauthorized alien. The employer shall keep a written
13 or electronic copy of the affirmation, and of the documents required by
14 8 U.S.C. sec. 1324a, for the term of employment of each employee
15 PURSUANT TO FEDERAL LAW, IT IS UNLAWFUL FOR AN EMPLOYER TO
16 KNOWINGLY HIRE AN UNAUTHORIZED ALIEN.
17
18 (b) ON AND AFTER JANUARY 1, 2013, UPON HIRING A NEW
19 EMPLOYEE TO PERFORM WORK IN COLORADO, EACH EMPLOYER IN
20 COLORADO SHALL PARTICIPATE IN THE E-VERIFY PROGRAM FOR THE
21 PURPOSE OF VERIFYING THE WORK ELIGIBILITY STATUS OF EACH OF THE
22 EMPLOYER'S NEWLY HIRED EMPLOYEES. THE EMPLOYER SHALL RETAIN A
23 WRITTEN OR ELECTRONIC COPY OF THE EMPLOYMENT ELIGIBILITY
24 INFORMATION IT RECEIVES THROUGH THE E-VERIFY PROGRAM REGARDING
25 EACH NEWLY HIRED EMPLOYEE IN ACCORDANCE WITH E-VERIFY PROGRAM
26 STANDARDS.
27
28 (c) UPON HIRING A NEW EMPLOYEE TO PERFORM WORK IN
29 COLORADO ON OR AFTER JANUARY 1, 2013, AN EMPLOYER SHALL ENTER
30 INTO AN AGREEMENT AS REQUIRED BY THE UNITED STATES DEPARTMENT
31 OF HOMELAND SECURITY TO PARTICIPATE IN THE E-VERIFY PROGRAM AND
32 SHALL COMPLY WITH THE REQUIREMENTS FOR PARTICIPATING IN THE
33 PROGRAM. IF THE AGREEMENT IS TERMINATED BY THE UNITED STATES
34 DEPARTMENT OF HOMELAND SECURITY BASED ON THE EMPLOYER'S
35 FAILURE TO COMPLY WITH THE ESTABLISHED PROCEDURES OR LEGAL
36 REQUIREMENTS AS SET FORTH IN THE AGREEMENT, THE EMPLOYER IS
37 SUBJECT TO THE PENALTIES SET FORTH IN SUBSECTION (6) OF THIS
38 SECTION.
39
40 (d) UPON ENTERING THE AGREEMENT DESCRIBED IN PARAGRAPH
41 (c) OF THIS SUBSECTION (4), THE EMPLOYER SHALL MAINTAIN A COPY OF
42 THE AGREEMENT, SHOWING THAT THE EMPLOYER IS AN ACTIVE
43 PARTICIPANT IN THE E-VERIFY PROGRAM, AND SHALL NOTIFY ITS
44 EMPLOYEES THAT IT IS PARTICIPATING IN THE PROGRAM IN THE MANNER
45 REQUIRED BY THE AGREEMENT.
46
47 (3) (5) Upon the request of the director, an employer shall submit
48 documentation to the director that demonstrates that the employer is in
49 compliance with the employment verification requirements specified in
50 8 U.S.C. sec. 1324a (b) and documentation that the employer has
51 complied with the requirements of COPIES OF THE E-VERIFY EMPLOYMENT
52 ELIGIBILITY INFORMATION REGARDING NEW EMPLOYEES AND A COPY OF
53 THE EMPLOYER'S AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
54 HOMELAND SECURITY, AS REQUIRED BY subsection (2) (4) of this section.
55 The director or the director's designee may conduct random audits of
56 employers in Colorado to obtain the documentation. When the director
1 has reason to believe that an employer has not complied with the
2 employment verification and examination requirements ENROLLED IN THE
3 E-VERIFY PROGRAM OR VERIFIED A NEW EMPLOYEE THROUGH THE
4 E-VERIFY PROGRAM, the director shall request the employer to submit the
5 documentation.
6
7 (4) (6) (a) An employer who, with reckless disregard, fails to
8 submit the documentation required by this section, or who, with reckless
9 disregard, submits false or fraudulent documentation, shall be OR FAILS
10 TO PARTICIPATE IN THE E-VERIFY PROGRAM TO VERIFY THE EMPLOYMENT
11 ELIGIBILITY OF EACH NEWLY HIRED EMPLOYEE IS subject to a fine of not
12 more than five thousand dollars for the first offense and not more than
13 twenty-five thousand dollars for the second and OFFENSE. FOR any
14 subsequent offense, THE EMPLOYER IS SUBJECT TO A FINE OF NOT MORE
15 THAN TWENTY-FIVE THOUSAND DOLLARS AND A SUSPENSION OF ALL THE
16 EMPLOYER'S BUSINESS LICENSES FOR UP TO SIX MONTHS. The DIVISION
17 SHALL TRANSMIT moneys collected pursuant to this subsection (4) shall
18 be deposited (6) TO THE STATE TREASURER FOR DEPOSIT in the
19 employment verification cash fund, which is hereby created in the state
20 treasury. The GENERAL ASSEMBLY SHALL APPROPRIATE moneys in the
21 fund shall be appropriated to the department of labor and employment for
22 the purpose of implementing, administering, and enforcing this section.
23 The moneys in the fund shall remain in the fund and DO not revert to the
24 general fund or any other fund at the end of any fiscal year.
25
26 (b) FOR PURPOSES OF THIS SUBSECTION (6), "PARTICIPATE IN THE
27 E-VERIFY PROGRAM" MEANS TO:
28
29 (I) ENROLL IN THE PROGRAM BY ENTERING INTO AN AGREEMENT
30 WITH THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; AND
31
32 (II) USE THE PROGRAM TO VERIFY THE WORK ELIGIBILITY STATUS
33 OF EACH NEW EMPLOYEE.
34
35 (7) (a) AS PART OF ITS QUARTERLY ELECTRONIC PUBLICATION TO
36 EMPLOYERS, THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL
37 NOTIFY EVERY EMPLOYER OF THE REQUIREMENTS OF THIS SECTION AND
38 SHALL INCLUDE IN THE PUBLICATION A LINK TO ITS WEB SITE WHERE AN
39 EMPLOYER CAN ACCESS THE NOTICE DESCRIBED IN PARAGRAPH (b) OF THIS
40 SUBSECTION (7). THE DEPARTMENT SHALL INCLUDE THE NOTICE AND WEB
41 SITE LINK IN EACH QUARTERLY ELECTRONIC PUBLICATION DISTRIBUTED TO
42 EMPLOYERS ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, AS
43 AMENDED.
44
45 (b) IN CONNECTION WITH THE STATEMENT AND INFORMATION
46 REQUIRED TO BE POSTED PURSUANT TO SECTION 8-2-124, THE
47 DEPARTMENT OF LABOR AND EMPLOYMENT SHALL PERMANENTLY POST A
48 NOTICE ON ITS WEB SITE EXPLAINING THE REQUIREMENTS OF THIS SECTION
49 THAT INCLUDES AT LEAST THE FOLLOWING INFORMATION:
50
51 (I) THAT FEDERAL LAW PROHIBITS AN EMPLOYER FROM
52 KNOWINGLY EMPLOYING AN UNAUTHORIZED ALIEN;
53
54 (II) THAT AS OF JANUARY 1, 2013, EMPLOYERS WHO HIRE NEW
55 EMPLOYEES TO PERFORM WORK IN COLORADO ARE REQUIRED TO VERIFY
56 THE EMPLOYMENT ELIGIBILITY OF THE NEW EMPLOYEES THROUGH THE
1 E-VERIFY PROGRAM; AND
2
3 (III) INSTRUCTIONS FOR THE EMPLOYER ON HOW TO ENROLL IN THE
4 E-VERIFY PROGRAM.
5
6 (8) (a) AN EMPLOYER HAS A REBUTTABLE PRESUMPTION THAT THE
7 EMPLOYER, ACTING IN GOOD FAITH, DID NOT KNOWINGLY EMPLOY AN
8 UNAUTHORIZED ALIEN IF:
9
10 (I) THE EMPLOYER COMPLIES WITH THE EMPLOYMENT
11 VERIFICATION REQUIREMENTS SPECIFIED IN FEDERAL LAW AND IN
12 PARAGRAPH (a) OF SUBSECTION (4) OF THIS SECTION; AND
13
14 (II) THE EMPLOYER PARTICIPATES IN THE E-VERIFY PROGRAM IN
15 ACCORDANCE WITH PARAGRAPH (b) OF SUBSECTION (4) OF THIS SECTION,
16 AND THE INFORMATION OBTAINED IN ACCORDANCE WITH THE E-VERIFY
17 PROGRAM INDICATES THAT THE EMPLOYEE'S WORK ELIGIBILITY STATUS
18 ALLOWED THE EMPLOYER TO HIRE AND RETAIN THE EMPLOYEE.
19
20 (b) AN EMPLOYER HAS A REBUTTABLE PRESUMPTION THAT THE
21 EMPLOYER, ACTING IN GOOD FAITH, DID NOT WRONGFULLY TERMINATE AN
22 INDIVIDUAL IF:
23
24 (I) THE EMPLOYER PARTICIPATES IN THE E-VERIFY PROGRAM IN
25 ACCORDANCE WITH PARAGRAPH (b) OF SUBSECTION (4) OF THIS SECTION;
26 AND
27
28 (II) THE EMPLOYER RECEIVED A FINAL NOTICE OF
29 NONCONFIRMATION OF WORK ELIGIBILITY ON THE INDIVIDUAL THROUGH
30 THE E-VERIFY PROGRAM.
31
32 (c) AN EMPLOYER THAT SHOWS THAT IT COMPLIED IN GOOD FAITH
33 WITH THE REQUIREMENTS OF FEDERAL LAW ESTABLISHES AN AFFIRMATIVE
34 DEFENSE THAT THE EMPLOYER DID NOT INTENTIONALLY OR KNOWINGLY
35 EMPLOY AN UNAUTHORIZED ALIEN.
36
37 (5) (9) Construction. It is the public policy of Colorado that this
38 section shall be enforced without regard to race, religion, gender,
39 ethnicity, national origin, or disability AND BE CONSTRUED IN A MANNER
40 SO AS TO BE FULLY CONSISTENT WITH APPLICABLE PROVISIONS OF FEDERAL
41 LAW.
42
43 (10) Implementation. THIS SECTION MUST BE IMPLEMENTED IN A
44 MANNER CONSISTENT WITH FEDERAL LAWS REGULATING IMMIGRATION,
45 PROTECTING THE CIVIL RIGHTS OF ALL PERSONS, AND RESPECTING THE
46 PRIVILEGES AND IMMUNITIES OF UNITED STATES CITIZENS.
47
48 (11) Severability. IF ANY PROVISION OF THIS SECTION IS HELD
49 INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OF THIS
50 SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION.
51
52 SECTION 2. In Colorado Revised Statutes, 8-2-124, amend (2)
53 (a) (I) as follows:
54 8-2-124. Electronic verification program - availability - notice
55 to employers - definitions. (2) (a) (I) As part of its quarterly electronic
56 publication distributed to employers, the department shall, at a minimum,
1 notify every employer of the federal law against hiring or continuing to
2 employ an unauthorized alien and of the availability of, AND THE
3 REQUIREMENT UNDER SECTION 8-2-122 (4) (b) TO PARTICIPATE IN, the
4 optional electronic verification program to verify the work eligibility
5 status of new employees.
6
57 SECTION 3. In Colorado Revised Statutes, repeal article 17.
8 of title 8.
9
10 SECTION 4. In Colorado Revised Statutes, 24-21-112, amend
11 (2) as follows:
12
13 24-21-112. Electronic verification program - notice - employer
14 responsibilities - definitions. (2) The secretary of state, in consultation
15 with the department of labor and employment, shall post on the secretary
16 of state's web site information pertaining to the prohibition against hiring
17 or continuing to employ an unauthorized alien, as defined in 8 U.S.C. sec.
18 1324a (h) (3), and the availability of and the requirements for
19 participation in the electronic verification program as a means for
20 employers to verify the work eligibility status of new employees, AND THE
21 REQUIREMENTS FOR VERIFYING THE WORK ELIGIBILITY STATUS OF NEWLY
22 HIRED EMPLOYEES AND THE PENALTIES FOR NONCOMPLIANCE AS SET
23 FORTH IN SECTION 8-2-122, C.R.S. The web site posting required by this
24 subsection (2) shall MUST appear in the same format as required by
25 section 8-2-124 (2) (a), C.R.S., and shall MUST appear in a conspicuous
26 location on the secretary of state's web site. The secretary of state's web
27 site shall MUST also provide a link to the e-verify web site available
28 through the internet portal for the United States citizenship and
29 immigration services, or its successor agency.
30
31 SECTION 5. Appropriation - adjustments in 2012 long bill.
32 (1) For the implementation of this act, appropriations made in the annual
33 general appropriation act to the department of labor and employment for
34 the fiscal year beginning July 1, 2012, are adjusted as follows:
35
36 (a) The reappropriated funds appropriation for the executive
37 director's office is decreased by $78,305 and 1.0 FTE. Said sum is from
38 statewide indirect cost recoveries.
39
40 (b) The appropriation for the division of labor is increased by
41 $78,305 and 1.0 FTE. Said sum is from the employment support cash
42 fund created in section 8-77-109 (1), Colorado Revised Statutes.
43
44 (2) For the implementation of this act, appropriations made in the
45 annual general appropriation act to the department of personnel and
46 administration, office of the state controller, for the fiscal year beginning
47 July 1, 2012, are adjusted as follows:
48
49 (a) The general fund appropriation is decreased by $78,305.
50
51 (b) The reappropriated funds appropriation is increased by
52 $78,305. Said sum is from the department of labor and employment
53 statewide indirect cost recoveries.
54
55 SECTION 6. Effective date. This act takes effect January 1,
56 2013.
1 SECTION 7. Safety clause. The general assembly hereby finds,
2 determines, and declares that this act is necessary for the immediate
3 preservation of the public peace, health, and safety.".
4
5 Page 1 of the bill, line 103, strike "PROGRAM." and substitute "PROGRAM,
6 AND, IN CONNECTION THEREWITH, MAKING AND REDUCING
7 APPROPRIATIONS.".
8
9

HB12-1317 by Representative(s) Sonnenberg; also Senator(s) Schwartz--Concerning the creation of the
parks and wildlife commission to replace the parks and wildlife board in the department of
natural resources, and, in connection therewith, describing the composition and terms of the
commission, and reducing appropriations.

Amendment No. 1, Agriculture, Natural Resources, and Energy Committee Amendment.
(Printed in Senate Journal, May 3, page 1062 and placed in members' bill files.)

Amendment No. 2(L.044), by Senator Schwartz.

Amend reengrossed bill, page 3, strike lines 21 through 24 and substitute
"RESOURCES. ONE".

Page 4, line 12, strike "AND WILDLIFE HABITAT AND MANAGEMENT." and
substitute "LAND CONSERVATION AND CONSERVATION EASEMENTS, AND
DIVERSIFIED TRAILS INTERESTS AND ACTIVITIES.".

Page 4, line 20, strike "COLORADO." and substitute "COLORADO AND IS
COMMITTED TO THE LONG-TERM FINANCIAL STABILITY AND
SUSTAINABILITY OF THE DEPARTMENT.".


As amended, ordered revised and placed on the calendar for third reading and final
passage.

After consideration on the merits, the Committee recommends that SB12-129 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, strike lines 8 through 23 and substitute:

"SECTION 2. In Colorado Revised Statutes, 24-37.5-102, amend
(1); and add (1.2) as follows:
24-37.5-102. Definitions - repeal. As used in this article, unless
the context otherwise requires:
(1) "Chief information officer" means the chief information
officer appointed pursuant to section 24-37.5-103 "BROADBAND ACCESS"
MEANS A BROADBAND CONNECTION ALLOWING USERS TO ACCESS THE
INTERNET AND INTERNET-RELATED SERVICES AT A MINIMUM OF FOUR
MEGABITS PER SECOND DOWNLOAD SPEED AND ONE MEGABIT PER SECOND
UPLOAD SPEED.".
(1.2) "CHIEF INFORMATION OFFICER" MEANS THE CHIEF
INFORMATION OFFICER APPOINTED PURSUANT TO SECTION 24-37.5-103.".

Page 3, strike lines 1 through 27 and substitute:

"SECTION 3. In Colorado Revised Statutes, 24-37.5-105, add
(12) as follows:
24-37.5-105. Office - responsibilities - rules - broadband access
- repeal. (12) THE OFFICE OF INFORMATION TECHNOLOGY, IN
COLLABORATION WITH THE PUBLIC UTILITIES COMMISSION AND
BROADBAND SERVICE PROVIDERS, SHALL USE ITS BEST EFFORT TO IDENTIFY
AND MAP AREAS OF THE STATE WITHOUT BROADBAND ACCESS AS DEFINED
IN SECTION 24-37.5-102. THE OFFICE SHALL COMPLETE A GEOGRAPHIC
DATABASE OF AREAS OF THE STATE WITHOUT BROADBAND ACCESS NO
LATER THAN JANUARY 1, 2013. THE OFFICE SHALL MAP ALL EXISTING
PHYSICAL BROADBAND ASSETS OWNED BY THE STATE OF COLORADO,
INCLUDING FIBER, TOWERS, CONDUIT, AND ACCESS POINTS, FOR ALL STATE
AGENCIES, ENTITIES, AND DEPARTMENTS. STATE AGENCIES, ENTITIES, AND
DEPARTMENTS MUST PROVIDE THE NECESSARY DATA TO THE OFFICE. THE
OFFICE MAY ESTABLISH AN ADVISORY PANEL CONSISTING OF MEMBERS
FROM STATE AND LOCAL GOVERNMENT, BROADBAND SERVICE PROVIDERS,
AND OTHER KEY STAKEHOLDERS TO IDENTIFY WHETHER ADDITIONAL
SUPPORT MECHANISMS ARE NECESSARY TO BRING BROADBAND ACCESS TO
A MAXIMUM NUMBER OF AREAS OF THE STATE WITHOUT BROADBAND
ACCESS. THE OFFICE MAY APPLY TO THE PUBLIC UTILITIES COMMISSION
FOR GRANT FUNDS FOR THE PURPOSE OF THIS SUBSECTION (12). THE OFFICE
IS RESPONSIBLE FOR IMPLEMENTING ONLY THOSE ASPECTS OF THIS
SUBSECTION (12) FOR WHICH GRANT FUNDING IS RECEIVED.".

Page 4, strike lines 1 through 9.


State,
Veterans, &
Military
Affairs