Emergency Rules for Evidence of Lawful Presence

1.		Definitions

1.1.	Applicant—Any natural person eighteen years of age or older seeking non-exempt Public Benefits for themselves as set forth in §24-76.5-102 and 103 C.R.S.

1.2.	Benefit Agency—Agency of the state or of any political subdivision of the state of Colorado providing Public Benefits as defined in §24-76.5-102 C.R.S.

1.3.	Department—The Colorado Department of Revenue.

1.4.	Director—The Executive Director of the Colorado Department of Revenue.

1.5.	Electronic Identification Indicator—An entry, valid until March 1, 2007, located in the Department’s Driver’s License System database that indicates either Applicant’s lawful presence or insufficient evidence of lawful presence.    

1.6.	Immigration Documents—Any of the following:

1.6.1.	Unexpired Foreign Passport bearing an unexpired “Processed for I-551” stamp or with an attached unexpired “Temporary I-551” visa.

1.6.2.	Unexpired Foreign Passport accompanied by an “I-94” indicating a specific future “until” date.

1.6.3.	“I-94” with refugee or asylum status.

1.6.4.	Unexpired “Resident Alien” card, “Permanent Resident” card, “Temporary Resident” card, or “Employment Authorization” card.  

1.7.	Request for Waiver—Request form (attached as an exhibit to these rules and incorporated herein) completed by an Applicant seeking a determination of lawful presence by the Department and resulting in an Electronic Identification Indicator.  The Request for Waiver must be accompanied by all documents that Applicant can produce to verify name and proof of lawful presence.

1.8.	SAVE—The Systematic Alien Verification for Entitlements Program administered by the United States Citizenship and Immigration Services of the Department of Homeland Security.

2.		Identification Documents

2.1.	A first time Applicant or Applicant seeking to reapply for public benefits on or after August 1, 2006 may demonstrate lawful presence by both executing the affidavit required in §24-76.5-103(4)(b) C.R.S. and producing:

2.1.1.	One of the forms of identification set forth in §24-76.5-103(4)(a) C.R.S., except that for purposes of §24-76.5-103(4)(a)(1), a Valid Colorado Driver’s License or Identification Card includes only a current Driver’s License, Minor Driver’s License, Probationary Driver’s License, Commercial Driver’s License, Restricted Driver’s License, Instruction Permit or Identification Card;  

2.1.2.	Alternative Identification allowed until March 1, 2007, as follows:

2.1.2.1.	Certificate of Applicant’s birth issued by any of the United States, any county or parish of any of the United States, one of the five boroughs of New York City, the District of Columbia, or the Departments of State or Justice of the United States;

2.1.2.2.	Certificate verifying naturalized status Issued by an authorized agency of the United States bearing Applicant’s intact photograph impressed with the raised embossed seal of the issuing agency;

2.1.2.3.	Certificate verifying United States citizenship issued by an authorized agency of the United States bearing Applicant’s intact photograph impressed with the raised embossed seal of the issuing agency;

2.1.2.4.	Order of Applicant’s Adoption, including Applicant’s date of birth, bearing the seal or certification of the court of any political subdivision or territory of the United States;

2.1.2.5.	Valid Driver’s License or Identification Card bearing Applicant’s photograph issued by one of the following:  Alabama, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming; 	

2.1.2.6.	Valid Immigration Documents demonstrating Lawful Presence and verified through SAVE.

3.		Waiver Process

3.1.	A first time Applicant or Applicant seeking to reapply for public benefits on or after August 1, 2006 and before March 1, 2007, who
a.	due to chronic health or medical condition, lacks sufficient mobility to appear in person to apply for a Colorado Driver’s License or Identification Card, 
b.	due to lack of a permanent physical address in Colorado, does not qualify for a Colorado Driver’s License or Identification Card, or
c.	may lack sufficient documentation to receive a Colorado Driver’s License or Identification Card
may demonstrate lawful presence by both executing the affidavit required in §24-76.5-103(4)(b) C.R.S. and being verified with an Electronic Identification Indicator. 

3.1.1.	Upon receipt of a Request for Waiver together with all supporting documentation The Department will establish the Electronic Identification Indicator.  Until March 1, 2007, any Benefit Agency may rely on electronic verification of lawful presence from the Department evidenced by the Electronic Identification Indicator. 

3.1.2.	The Benefit Agency is responsible for verifying that their Applicant is the same individual indicated as being lawfully present with an Electronic Identification Indicator.

3.2.	A state agency may apply to the director for a waiver for a specific program under which the applicant’s lawful presence will be verified through a related state or federal program contemporaneous to the current application.  Likewise, a local agency may request a waiver from the director for a specific program under which the applicant’s lawful presence will be verified through a related local, state or federal program contemporaneous to the current application. 

4.		Required Advisement 

4.1.	A Benefit Agency awarding benefits based on Alternative Identification set forth in 2.1.2. above or the Electronic Identification Indicator must advise Applicant of the following: 

4.1.1.	Under current Colorado law, in order to receive benefits beyond March 1, 2007, Applicant must produce one of the forms of identification set forth in §24-76.5-103(4)(a) C.R.S.; 

4.1.2.	As soon as possible, Applicant should begin working diligently to secure the appropriate identification document; and

4.1.3.	A determination of eligibility for benefits based on an Alternative Identification or the Electronic Identification Indicator in no way constitutes a representation that Applicant has provided sufficient information or documentation to support the issuance of one of the forms of identification set forth in §24-76.5-103(4)(a) C.R.S. 

STATE OF COLORADO
DEPARTMENT OF REVENUE
State Capitol Annex
1375 Sherman Street, Room 409
Denver, Colorado 80261
(303) 866-3091
FAX (303) 866-2400

Bill Owens
Governor

M. Michael Cooke
Executive Director

Notice And Adoption of
Emergency Rules for Evidence of Lawful Presence

I, M. Michael Cooke, Executive Director of the Colorado Department of Revenue, do hereby adopt the attached referenced emergency rules, which become effective August 1, 2006, and, as justification for the same, find the following:
	
1.	House Bill 1023 was signed by the Governor on July 31, 2006 and becomes effective August 1, 2006.  The Department does not have sufficient time to promulgate permanent rules before August 1, 2006.
2.	Immediate adoption of the attached Rules is imperatively necessary to comply with state law and for the preservation of public health, safety, and welfare.
3.	House Bill 1023 specifically authorizes the Department of Revenue to enact emergency rules regarding evidence of lawful presence in the United States.  See §24-76.5-103(5)(a), C.R.S.
4.	Compliance with the requirements of §24-4-103 C.R.S. would be contrary to the public interest.
5.	Notwithstanding the requirements of §24-4-103(6), the Colorado Legislature has specifically instructed that these Emergency Rules remain in effect until March 1, 2007.   See §24-76.5-103(5), C.R.S.

________________________________              ___________________________
M. Michael Cooke, Executive Director				Date
Colorado Department of Revenue