Laurel -- What I forwarded is the State AG's opinion, and as such I believe we would defer to that at this time, barring any other opinions from our county attorney. We all need to remember that this is the beginning of a long road of interpretations, including state dept. rules & regs., and other legal interpretations and/or lawsuits. That's why I sent this out as info from the state, with all of the appropriate caveats. Jane
-----Original Message----- From: Laurel Herndon [mailto:[EMAIL PROTECTED] Sent: Friday, July 21, 2006 9:04 PM To: Uitti, Jane Cc: [email protected] Subject: State AG's opinion about HB 1023, Immigration 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]
