HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2006 - RESOLUTION 2006-085 CONCERNING SENATE BILL 06-090 ITEM NUMBER: 31
AGENDA ITEM SUMMARY DATE: August 15, zoos
FORT COLLINS CITY COUNCIL STAFF: Mark Radtke
SUBJECT
Resolution 2006-085 Concerning Senate Bill 06-090 Regarding Cooperation with Federal Officials
on Immigration Matters.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
This past legislative session, the General Assembly enacted SB 06-090, creating Article 29 of the
Colorado Revised Statutes pertaining to immigration status and local government cooperation with
federal officials. The new law requires that Council provide written notice to peace officers of the
duty to cooperate with federal and state officials regarding immigration enforcement and provide
confirmation to the General Assembly that Council has done so. Further, the law requires the local
governing body to provide an annual report to the General Assembly regarding the number of
persons referred to the federal Immigration and Customs Enforcement Office pursuant to the new
law. The penalty for non-compliance with the statutory requirements is that the City would be
ineligible for grants administered by the Department of Local Affairs.
RESOLUTION 2006-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING SENATE BILL 06-090 REGARDING COOPERATION WITH
FEDERAL OFFICIALS ON IMMIGRATION MATTERS
WHEREAS, the General Assembly has enacted SB 06-090 (the "Act') creating Article
29 of the Colorado Revised Statutes pertaining to immigration status and local cooperation with
federal officials; and
WHEREAS, the Act requires local governing bodies to provide written notice to peace
officers of the duty to cooperate with federal and state officials regarding immigration
enforcement and also provide confirmation to the General Assembly that the local governing
body has provided said notice; and
WHEREAS, the Act further requires an annual report to the General Assembly regarding
the number of persons referred to the federal Immigration and Customs Enforcement Office
("ICE")pursuant to the new law; and
WHEREAS, a violation of the above requirements will result in the City becoming
ineligible for grants administered by the Department of Local Affairs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Fort Collins Police Services peace officers are to cooperate with state
and federal officials with regard to the enforcement of state and federal laws governing
immigration.
Section 2. That Fort Collins Police Services peace officers who have probable cause
to believe that an arrestee for a criminal offense is not legally present in the United States are to
report such arrestee to ICE if the arrestee is not held at a detention facility.
Section 3. That a copy of this resolution shall be disseminated to Fort Collins Police
Services peace officers as written notice pursuant to C.R.S. §29-29-10(3)(2)(b) of the duty to
cooperate as required by C.R.S. §29-29-103 (2)(a)(1).
Section 4. That, on or before March 1 of each year, the City Council shall annually
report to the General Assembly the number of persons referred to ICE pursuant to the Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk