Beginning January 1, 2007, HB1017 Requires Additional Employment Verification for New Hires in Colorado
On July 31, 2006, Governor Owens signed HB 1017 into law. The law went into effect for any employees hired on or after January 1, 2007, but does not apply to existing employees. HB 1017 requires all employers to affirm and document the legal work status verification, expanding upon the federal Immigration Reform and Control Act (IRCA) and its I-9 requirements. Employers are required, within twenty (20) days after hiring a new employee, to:
affirm the employer has examined the legal work status of the employee;
affirm it has retained copies of the documents it relied upon to complete the I-9;
affirm the employer has not altered or falsified the employee’s documents; and
affirm that it has not knowingly hired an unauthorized alien.
This new law also requires that the employer keep a written or electronic copy of the affirmation and all copies of the documents required under the IRCA for the term of employment for each employee. The affirmation and documents are not required to be submitted, instead employers must make the documentation available upon request by the Colorado Department of Labor and Employment. CDLE has a sample Affirmation Form that they suggest employers to use on their website, or you can download it at http://www.coworkforce.com/ice/AffirmationOfLegalWorkStatus.pdf
Any employer, who with “reckless disregard,” fails to submit documentation when requested or submits false or fraudulent documentation, shall be subject to a fine of not more than $5,000 for the first offense and not more than $25,000 for any subsequent offense.