HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - HOUSE BILL 06 1343Second Regular Session
Sixty-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 06-0916.01 Ed DeCecco HOUSE BILL 06-1343
HOUSE SPONSORSHIP
Crane,
SENATE SPONSORSHIP
Keller,
House Committees
State, Veterans, & Military Affairs
Appropriations
Senate Committees
A BILL FOR AN ACT
101 CONCERNING MEASURES TO ENSURE THAT AN ILLEGAL ALIEN DOES
102 NOT PERFORM WORK ON A PUBLIC CONTRACT FOR SERVICES,
103 AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted)
Prohibits a state agency or a political subdivision from entering
into or renewing a public contract for services with a contractor who
knowingly employs or contracts with an illegal alien to perform work
under the contract or who contracts with a subcontractor who knowingly m
employs or contracts with an illegal alien to perform work under the S o
contract. Requires a prospective contractor to certify that it does not m N
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Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. a a
Capital letters indicate new material to be added to existing statute. Q
Dashes through the words indicate deletions from existing statute. N
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knowingly employ or contract with an illegal alien.
Requires each public contract for services to include a provision
prohibiting a contractor from using an illegal alien to perform work under
the contract and a provision requiring a contractor to comply with
investigations by the department of labor and employment (department)
relating to illegal aliens performing work under the contract. Establishes
penalties for a breach of these contractual provisions.
Requires the department to establish and operate a tipline for the
purpose of allowing any person to report a suspected violation of a
provision of a public contract for services relating to illegal aliens.
Allows the department to investigate whether a contractor is complying
with the provisions of a public contract for services relating to illegal
aliens.
Defines terms.
Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 8, Colorado Revised Statutes, is amended BY
3 THE ADDITION OF A NEW ARTICLE to read:
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ARTICLE 17.5
5 Illegal Aliens - Public Contracts for Services
6 8-17.5-101. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
7 CONTEXT OTHERWISE REQUIRES:
8 (1) 'BASIC PILOT PROGRAM" MEANS THE BASIC PILOT
9 EMPLOYMENT VERIFICATION PROGRAM CREATED IN PUBLIC LAW 208,
10 104TH CONGRESS, AS AMENDED, AND EXPANDED IN PUBLIC LAW 156,
11 108TH CONGRESS, AS AMENDED, THAT IS ADMINISTERED BY THE UNITED
12 STATES DEPARTMENT OF HOMELAND SECURITY.
13 (2) "CONTRACTOR" MEANS A PERSON HAVING A PUBLIC CONTRACT
14 FOR SERVICES WITH A STATE AGENCY OR POLITICAL SUBDIVISION OF THE
15 STATE.
16 (3) "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
17 EMPLOYMENT.
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(4) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF LABOR AND EMPLOYMENT.
(5) "POLITICAL SUBDIVISION" MEANS ANY CITY, COUNTY, CITY AND
COUNTY, TOWN, SPECIAL DISTRICT, SCHOOL DISTRICT, LOCAL
IMPROVEMENT DISTRICT, OR ANY OTHER KIND OF MUNICIPAL,
QUASI -MUNICIPAL, OR PUBLIC CORPORATION.
(6) "PUBLIC CONTRACT FOR SERVICES" MEANS ANY TYPE OF
AGREEMENT, REGARDLESS OF WHAT THE AGREEMENT MAY BE CALLED,
BETWEEN A STATE AGENCY OR POLITICAL SUBDIVISION AND A
CONTRACTOR FOR THE PROCUREMENT OF SERVICES.
(7) "SERVICES" MEANS THE FURNISHING OF LABOR, TIME, OR
EFFORT BY A CONTRACTOR OR A SUBCONTRACTOR NOT INVOLVING THE
DELIVERY OF A SPECIFIC END PRODUCT OTHER THAN REPORTS THAT ARE
MERELY INCIDENTAL TO THE REQUIRED PERFORMANCE.
(8) "STATE AGENCY" MEANS ANY DEPARTMENT, COMMISSION,
COUNCIL, BOARD, BUREAU, COMMITTEE, INSTITUTION OF HIGHER
EDUCATION, AGENCY, OR OTHER GOVERNMENTAL UNIT OF THE EXECUTIVE,
LEGISLATIVE, OR JUDICIAL BRANCH OF STATE GOVERNMENT.
8-17.5-102. Illegal aliens - prohibition - public contracts for
services. (1) A STATE AGENCY OR POLITICAL SUBDIVISION SHALL NOT
ENTER INTO OR RENEW A PUBLIC CONTRACT FOR SERVICES WITH A
CONTRACTOR WHO KNOWINGLY EMPLOYS OR CONTRACTS WITH AN
ILLEGAL ALIEN TO PERFORM WORK UNDER THE CONTRACT OR WHO
CONTRACTS WITH A SUBCONTRACTOR WHO KNOWINGLY EMPLOYS OR
CONTRACTS WITH AN ILLEGAL ALIEN TO PERFORM WORK UNDER THE
CONTRACT. PRIOR TO EXECUTING A PUBLIC CONTRACT FOR SERVICES,
EACH PROSPECTIVE CONTRACTOR SHALL CERTIFY THAT, AT THE TIME OF
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THE CERTIFICATION, IT DOES NOT KNOWINGLY EMPLOY OR CONTRACT
WITH AN ILLEGAL ALIEN AND THAT THE CONTRACTOR HAS PARTICIPATED
OR ATTEMPTED TO PARTICIPATE IN THE BASIC PILOT PROGRAM IN ORDER
TO VERIFY THAT IT DOES NOT EMPLOY ANY ILLEGAL ALIENS.
(2) (a) EACH PUBLIC CONTRACT FOR SERVICES SHALL INCLUDE A
PROVISION THAT THE CONTRACTOR SHALL NOT:
(I) KNOWINGLY EMPLOY OR CONTRACT WITH AN ILLEGAL ALIEN TO
PERFORM WORK UNDER THE PUBLIC CONTRACT FOR SERVICES; OR
(II) ENTER INTO A CONTRACT WITH A SUBCONTRACTOR THAT
KNOWINGLY EMPLOYS OR CONTRACTS WITH AN ILLEGAL ALIEN TO
PERFORM WORK UNDER THE PUBLIC CONTRACT FOR SERVICES.
(b) EACH PUBLIC CONTRACT FOR SERVICES SHALL ALSO INCLUDE
THE FOLLOWING PROVISIONS:
(1) A PROVISION STATING THAT THE CONTRACTORHAS VERIFIED OR
ATTEMPTED TO VERIFY THROUGH PARTICIPATION IN THE BASIC PILOT
PROGRAM THAT THE CONTRACTOR DOES NOT EMPLOY ANY ILLEGAL ALIENS
AND, IF THE CONTRACTOR IS NOT ACCEPTED INTO THE BASIC PILOT
PROGRAM PRIOR TO ENTERING INTO A PUBLIC CONTRACT FOR SERVICES,
THAT THE CONTRACTOR SHALL APPLY TO PARTICIPATE IN THE BASIC PILOT
PROGRAM EVERY THREE MONTHS UNTIL THE CONTRACTOR IS ACCEPTED OR
THE PUBLIC CONTRACT FOR SERVICES HAS BEEN COMPLETED, WHICHEVER
IS EARLIER. THE PROVISION SPECIFIED IN THIS SUBPARAGRAPH (1) SHALL
NOT BE REQUIRED OR EFFECTIVE IN A PUBLIC CONTRACT FOR SERVICES IF
THE BASIC PILOT PROGRAM IS DISCONTINUED.
(II) A PROVISION THAT REQUIRES THE CONTRACTOR TO COMPLY
WITH ANY REASONABLE REQUEST BY THE DEPARTMENT MADE IN THE
COURSE OF AN INVESTIGATION THAT THE DEPARTMENT IS UNDERTAKING
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PURSUANT TO THE AUTHORITY ESTABLISHED IN SUBSECTION (5) OF THIS
SECTION.
(3) IF A CONTRACTOR VIOLATES A PROVISION OF THE PUBLIC
CONTRACT FOR SERVICES REQUIRED PURSUANT TO SUBSECTION (2) OF THIS
SECTION, THE STATE AGENCY OR POLITICAL SUBDIVISION MAY TERMINATE
THE CONTRACT FOR A BREACH OF THE CONTRACT. IF THE CONTRACT IS SO
TERMINATED, THE CONTRACTOR SHALL BE LIABLE FOR ACTUAL AND
CONSEQUENTIAL DAMAGES TO THE STATE AGENCY OR POLITICAL
SUBDIVISION.
(4) A STATE AGENCY OR POLITICAL SUBDIVISION SHALL NOTIFY
THE OFFICE OF THE SECRETARY OF STATE IF A CONTRACTOR VIOLATES A
PROVISION OF A PUBLIC CONTRACT FOR SERVICES REQUIRED PURSUANT TO
SUBSECTION (2) OF THIS SECTION AND THE STATE AGENCY OR POLITICAL
SUBDIVISION TERMINATES THE CONTRACT FOR SUCH BREACH. BASED ON
THIS NOTIFICATION, THE SECRETARY OF STATE SHALL MAINTAIN A LIST
THAT INCLUDES THE NAME OF THE CONTRACTOR, THE STATE AGENCY OR
POLITICAL SUBDIVISION THAT TERMINATED THE PUBLIC CONTRACT FOR
SERVICES, AND THE DATE OF THE TERMINATION. A CONTRACTOR SHALL
BE REMOVED FROM THE LIST IF TWO YEARS HAVE PASSED SINCE THE DATE
THE CONTRACT WAS TERMINATED, OR IF A COURT OF COMPETENT
JURISDICTION DETERMINES THAT THERE HAS NOT BEEN A VIOLATION OF
THE PROVISION OF THE PUBLIC CONTRACT FOR SERVICES REQUIRED
PURSUANT TO SUBSECTION (2) OF THIS SECTION. A STATE AGENCY OR
POLITICAL SUBDIVISION SHALL NOTIFY THE OFFICE OF THE SECRETARY OF
STATE IF A COURT HAS MADE SUCH A DETERMINATION. THE LIST SHALL BE
AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE SECRETARY OF
STATE AND SHALL BE PUBLISHED ON THE INTERNET ON THE WEBSITE
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I MAINTAINED BY THE OFFICE OF THE SECRETARY OF STATE.
2 (5) (a) THE DEPARTMENT MAY INVESTIGATE WHETHER A
3 CONTRACTOR IS COMPLYING WITH THE PROVISIONS OF A PUBLIC CONTRACT
4 FOR SERVICES REQUIRED PURSUANT TO SUBSECTION (2) OF THIS SECTION.
5 THE DEPARTMENT MAY CONDUCT ON -SITE INSPECTIONS WHERE A PUBLIC
6 CONTRACT FOR SERVICES IS BEING PERFORMED, REQUEST AND REVIEW
7 DOCUMENTATION THAT PROVES THE CITIZENSHIP OF ANY PERSON
8 PERFORMING WORK ON A PUBLIC CONTRACT FOR SERVICES, OR TAKE ANY
9 OTHER REASONABLE STEPS THAT ARE NECESSARY TO DETERMINE
10 WHETHER A CONTRACTOR IS COMPLYING WITH THE PROVISIONS OF A
11 PUBLIC CONTRACTFOR SERVICES REQUIRED PURSUANT TO SUBSECTION (2)
12 OF THIS SECTION. THE DEPARTMENT SHALL RECEIVE COMPLAINTS OF
13 SUSPECTED VIOLATIONS OF A PROVISION OF A PUBLIC CONTRACT FOR
14 SERVICES REQUIRED PURSUANT TO SUBSECTION (2) OF THIS SECTION AND
15 SHALL HAVE DISCRETION TO DETERMINE WHICH COMPLAINTS, IF ANY, ARE
16 TO BE INVESTIGATED. THE RESULTS OF ANY INVESTIGATION SHALL NOT
17 CONSTITUTE FINAL AGENCY ACTION. THE DEPARTMENT IS AUTHORIZED TO
18 PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S.,
19 TO IMPLEMENT THE PROVISIONS OF THIS SUBSECTION (5).
20 (b) THE EXECUTIVE DIRECTOR SHALL NOTIFY A STATE AGENCY OR
21 POLITICAL SUBDIVISION IF HE OR SHE SUSPECTS THAT THERE HAS BEEN A
22 BREACH OF A PROVISION IN A PUBLIC CONTRACT FOR SERVICES REQUIRED
23 PURSUANT TO SUBSECTION (2) OF THIS SECTION.
24 SECTION 2. Appropriation. In addition to any other
25 appropriation, there is hereby appropriated, out of any moneys in the
26 general fund not otherwise appropriated, to the department of labor and
27 employment, for allocation to the executive director's office, for the fiscal
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I year beginning July 1, 2006, the sum of one hundred forty thousand one
2 hundred sixty-six dollars ($140,166) and 1.9 FTE, or so much thereof as
3 may be necessary, for the implementation of this act.
4 SECTION 3. Effective date - applicability. (1) This act shall
5 take effect at 12:01 a.m. on the day following the expiration of the
6 ninety -day period after final adjournment of the general assembly that is
7 allowed for submitting a referendum petition pursuant to article V,
8 section 1 (3) of the state constitution (August 9, 2006, if adjournment sine
9 die is on May 10, 2006); except that, if a referendum petition is filed
10 against this act or an item, section, or part of this act within such period,
11 then the act, item, section, or part, if approved by the people, shall take
12 effect on the date of the official declaration of the vote thereon by
13 proclamation of the governor.
14 (2) The provisions of this act shall apply to public contracts for
15 services that are entered into or renewed on or after the applicable
16 effective date of this act.
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