Jane,
I am worried that your note may cause unnecessary concern among HSA
members. A fair reading of the law, and of question #6, suggests that
the person contracting with the state (or county) on behalf of a
non-profit must be a qualified individual. It does not imply that all of
the recipients of services of the contracting agency must be qualified
individuals. Has the County Attorney issued an opinion on this? For
convenience the reference is quoted below.
Question #6: Does H.B. 1023 apply to both people and entities
contracting with the State or political subdivision to provide services
to that entity?
H.B. 1023 defines a public benefit by reference to 8 U.S.C. 1611 and
1621, which in turn defines a public benefit as including any
“contract.” H.B. 1023, however, applies only to “natural persons” over
the age of eighteen. A natural person is a human being, not a
corporation, partnership, or any other entity. Thus, the requirements of
H.B. 1023 must be applied to any natural person contracting with the
State or a political subdivision. The Attorney General’s office is
currently working with the State Controller to issue a standard
provision to be included in state contracts to ensure this requirement
is made known to, and followed by
--
Laurel Herndon, Attorney
Immigrant Legal Center of Boulder County
2741 Iris, Suite B
Boulder, CO 80304
303-444-1522
[EMAIL PROTECTED]
