HB13-1098 Summary

• Requires all Colorado employers to participate in the federal E-Verify program when hiring new employees on or after January 1, 2014, replacing the previous paper-based identification verification requirement.

• Employers must retain written or electronic copies of employment eligibility information obtained through E-Verify and may be subject to random audits by the Division of Labor to ensure compliance.

• Employers who fail to participate in E-Verify, fail to submit required documentation, or submit false documentation with reckless disregard face fines of up to $5,000 for first offense and $25,000 for second offense; subsequent offenses carry up to $25,000 fines and suspension of all business licenses for up to 6 months.

• Requires the Department of Labor and Employment to notify all employers quarterly of E-Verify requirements and post permanent notice on its website with enrollment instructions; Secretary of State's website must also include requirements and penalty information.

• Takes effect January 1, 2014, unless a referendum petition is filed within 90 days after final adjournment, in which case it requires voter approval at the November 2014 general election.