HomeMy WebLinkAbout20062093 RESOLUTION
RE: APPROVE CERTIFICATION OF COMPLIANCE FOR COLORADO SENATE
BILL#06-090 AND AUTHORIZE CHAIR TO SIGN
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Certification of Compliance for Colorado
Senate Bill#06-090 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,on behalf of the Office of Emergency Management,to the
Colorado Department of Local Affairs,with terms and conditions being as stated in said certification,
and
WHEREAS,after review,the Board deems it advisable to approve said certification,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Certification of Compliance for Colorado Senate Bill#06-090 between
the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld
County, on behalf of the Office of Emergency Management, to the Colorado Department of Local
Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said certification.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of August, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
- , S f WELD COU , COLORADO
•
ATTEST: Atay _� 777
�%.elle Ci�
Weld County Clerk tot ₹� � I /--
David E. Long, Pro-Te
Dep Clerk t 'the Board EXCUSED
William Jerke
`
APPR AST M' � A �
Rober D. Masd n
C h A ney
Date of signature:
c4/-7/0(i) di
e aad�
2006-2093
BC0036
0 OEM Og- r7-o�
STATE OF COLORADO
EXECUTIVE DIRECTORS OFFICE ioe coo
Department of Local Affairs
1313 Sherman Street,Suite 500 -Denver,CO 80203 \i� :�
Phone:(303)866-4904 "ia_ve!i
FAX:(303)866-4317
Bill Owens
Governor
Barbara Kirkmeyer
July 14, 2006 Acting Executive
Director
MEMO TO: All DEM Field Managers, Homeland Security Coordinators
FROM: Barbara J. Kirkmeyer
SUBJECT: Certification of Compliance with SB06-090
As I'm sure you are already aware, Colorado Senate Bill 06-090 now requires written confirmation from
local governments to the General Assembly under C.R.S. 29-29-101 through 29-29-103 certifying
cooperation with federal officials on matters of immigration status.
Effective July 1, 2006, local governments must be in compliance with this statute in order to receive any
financial assistance through grants administered by the Department of Local Affairs. This affects not only
any new allocations, but also any reallocations and budget modifications you may have pending.
Attached, please find a copy of Senate Bill 06-090 along with a certification of compliance document that
must be signed by an authorized local government official from each of your jurisdictions such as a mayor
or county commissioner. In order to continue to be eligible to receive financial assistance from DOLA,
these individuals must attest that within their respective jurisdiction no ordinance or policy contrary to the
above statutes exist. If so,the ordinance or policy must no longer be in effect.
In order to expedite this statutory requirement, I am asking that both DEM field managers and regional
homeland security coordinators work in collaboration to obtain all necessary signatures to ensure funding
to your region continues uninterrupted. Again, it is important to realize the Department of Local Affairs
must receive this certification prior to issuing any further grant funding. If you have any questions or
concerns, please do not hesitate to contact me directly at(303) 866-4904.
Strengthening Colorado Communities
2006-2093
STATE OF COLORADO
EXECUTIVE DIRECTORS OFFICE
Department of Local Affairs
1313 Sherman Street,Suite 500 ` R/
Denver,CO 80203
Phone:(303)866-4904
FAX:(303)866-4317
Bill Owens
Governor
Barbara Kirkmeyer
Acting Executive
Director
CERTIFICATION OF COMPLIANCE
Article 29 of Title 29 C.R.S
Immigration Status — Cooperation with Federal Officials
As the Local Authorized Official for Weld County ,I hereby certify by my signature
below,that:
(I) The County of Weld (local government name) does not presently have
any ordinance or policy that limits or prohibits a peace officer, local official, or local government
employee from communicating or cooperating with federal officials with regard to the immigration
status of any person within this state.
(2) The governing body of Weld County (local government name)hereby agrees
that it shall provide notice in writing to peace officers of the duty to cooperate with state and federal
officials with regards to enforcement of state and federal laws regarding immigration and comply with
section 29-29-103(2)(a), C.R.S. A copy of the notification is attached.
(3) Weld County (Local government name)shall provide written confirmation
to the General Assembly that it has provided such notice and shall annually, on or before March 1 of
each year, report to the Legislative Council of the General Assembly the number of reports made to the
United States Immigration and Customs Enforcement Office as required under article 29 of Title 29,
C.R.S. (Local government name) shall provide a copy of the annual report to the Department of Local
Affairs.
(4) Weld County (Local government name) acknowledges that it is ineligible to receive
local government financial assistance through grants administered by the Department of Local Affairs
until such t. e as it is in compliance with section 29-29-103(1) and (2)(b), C.R.S.
•
M. J. Geile Chair, Board of County
� on
Commissioners
Name of certifying official g '7 tl G "'f E•
ATTEST:
August 2, 2006
Date WEL OUNTY CLERK TO THE BOARD 361
DEP CLETO HE BOARD
Strengthening Colorado Communities.
?o -. n93
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it,please consult the legislative status sheet,the legislative
history, or the Session Laws.
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SENATE BILL 06-090
BY SENATOR(S) Wiens, Johnson, Brophy, Dyer, Evans, Grossman,
Hagedom, Jones, Kester, Lamborn, May R., Mitchell, Spence, Taylor,
Teck, Tochtrop, Traylor, and Boyd;
also REPRESENTATIVE(S)Harvey,Balmer,Berens,Clapp,Cloer,Crane,
Decker, Hall, Hefley, Hoppe, Ken J., King, Knoedler, Liston, Lundberg,
Massey, May M., Paccione, Penry, Rose, Schultheis, Stafford, Stengel,
Todd, White, and Witwer.
CONCERNING LOCAL GOVERNMENT COOPERATION WITH FEDERAL OFFICIALS
REGARDING THE IMMIGRATION STATUS OF PERSONS IN THIS STATE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 29, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 29
Immigration Status - Cooperation With Federal Officials
29-29-101. Legislative declaration. (1) THE GENERAL ASSEMBLY
HEREBY FINDS,DETERMINES,AND DECLARES THAT:
(a) SANCTUARY POLICIES ARE LOCAL GOVERNMENT ORDINANCES OR
Capital letters indicate new material added to existing statutes;dashes through words indicate
deletions from existing statutes and such material not part of act.
a1ooe -a?093
POLICIES THAT PROHIBIT LOCAL OFFICIALS, INCLUDING PEACE OFFICERS,
FROM COMMUNICATING OR COOPERATING WITH FEDERAL OFFICIALS WITH
REGARD TO THE IMMIGRATION STATUS OF ANY PERSON WITHIN THE STATE;
(b) THE MATTERS CONTAINED IN THIS ARTICLE HAVE IMPORTANT
STATEWIDE RAMIFICATIONS FOR COMPLIANCE WITH AND ENFORCEMENT OF
FEDERAL IMMIGRATION LAWS;
(c) SANCTUARY POLICIES ALLOW ILLEGAL IMMIGRANTS TO RESIDE
WITHIN COLORADO AND TO UNDERMINE FEDERAL IMMIGRATION LAW.
(2) THE GENERAL ASSEMBLY THEREFORE DECLARES THAT THE
MATTERS ADDRESSED IN THIS ARTICLE ARE MATTERS OF STATEWIDE
CONCERN.
29-29-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "LOCAL GOVERNMENT"MEANS A TOWN,CITY,CITY AND COUNTY,
OR COUNTY.
29-29-103. Cooperation with federal officials regarding
immigration status. (1) NO LOCAL GOVERNMENT, WHETHER ACTING
THROUGH ITS GOVERNING BODY OR BY AN INITIATIVE,REFERENDUM,OR ANY
OTHER PROCESS,SHALL ENACT ANY ORDINANCE OR POLICY THAT LIMITS OR
PROHIBITS A PEACE OFFICER, LOCAL OFFICIAL, OR LOCAL GOVERNMENT
EMPLOYEE FROM COMMUNICATING OR COOPERATING WITH FEDERAL
OFFICIALS WITH REGARD TO THE IMMIGRATION STATUS OF ANY PERSON
WITHIN THIS STATE.
(2) (a) (I) A PEACE OFFICER WHO HAS PROBABLE CAUSE THAT AN
ARRESTEE FOR A CRIMINAL OFFENSE IS NOT LEGALLY PRESENT IN THE
UNITED STATES SHALL REPORT SUCH ARRESTEE TO THE UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE IF THE ARRESTEE IS NOT
HELD AT A DETENTION FACILITY. IF THE ARRESTEE IS HELD AT A DETENTION
FACILITY AND THE COUNTY SHERIFF REASONABLY BELIEVES THAT THE
ARRESTEE IS NOT LEGALLY PRESENT IN THE UNITED STATES, THE SHERIFF
SHALL REPORT SUCH ARRESTEE TO THE FEDERAL IMMIGRATION AND
CUSTOMS ENFORCEMENT OFFICE.
PAGE 2-SENATE BILL 06-090
(II) THIS SUBSECTION(2)SHALL NOT APPLY TO ARRESTEES WHO ARE
ARRESTED FOR A SUSPECTED ACT OF DOMESTIC VIOLENCE AS DEFINED BY
SECTION 18-6-800.3, C.R.S., UNTIL SUCH TIME AS THE ARRESTEE IS
CONVICTED OF A DOMESTIC VIOLENCE OFFENSE.
(b) THE GOVERNING BODY OF EACH LOCAL GOVERNMENT SHALL
PROVIDE NOTICE IN WRITING TO PEACE OFFICERS OF THE DUTY TO
COOPERATE WITH STATE AND FEDERAL OFFICIALS WITH REGARDS TO
ENFORCEMENT OF STATE AND FEDERAL LAWS REGARDING IMMIGRATION AND
COMPLY WITH PARAGRAPH(a)OF THIS SUBSECTION(2). EACH GOVERNING
BODY SHALL PROVIDE WRITTEN CONFIRMATION TO THE GENERAL ASSEMBLY
THAT IT HAS PROVIDED SUCH NOTICE AND SHALL ANNUALLY,ON OR BEFORE
MARCH 1 OF EACH YEAR, REPORT TO THE LEGISLATIVE COUNCIL OF THE
GENERAL ASSEMBLY THE NUMBER OF REPORTS MADE TO THE UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE PURSUANT TO THIS
ARTICLE.
(C) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE STATE
ATTORNEY GENERAL AND ALL APPROPRIATE STATE AND LOCAL LAW
ENFORCEMENT AGENCIES SHOULD VIGOROUSLY PURSUE ALL FEDERAL
MONEYS TO WHICH THE STATE MAY BE ENTITLED FOR THE REIMBURSEMENT
OF MONEYS SPENT TO ENFORCE FEDERAL IMMIGRATION LAWS.
(3) A LOCAL GOVERNMENT THAT VIOLATES SUBSECTION(1)OF THIS
SECTION OR PARAGRAPH(b)OF SUBSECTION(2)OF THIS SECTION SHALL NOT
BE ELIGIBLE TO RECEIVE LOCAL GOVERNMENT FINANCIAL ASSISTANCE
THROUGH GRANTS ADMINISTERED BY THE DEPARTMENT OF LOCAL AFFAIRS
UNTIL SUCH TIME AS THE ORDINANCE OR POLICY IS NO LONGER IN EFFECT.
SECTION 2. Safety clause. The general assembly hereby finds,
PAGE 3-SENATE BILL 06-090
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Joan Fitz-Gerald Andrew Romanoff
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
Karen Goldman Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED
Bill Owens
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 06-090
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