House Bill 1023

Frequently Asked Questions

• What is HB 1023?
• What is considered a "public benefit"?
• Who is required to show proof of lawful presence?
• Are there any students who applied for state or institutional benefits but who will be exempt from having to sign the affidavit/provide identification?
• How do I provide proof of lawful presence?
• What are the consequences of not complying with this HB 1023 requirement?
• What is an appropriate form of identification?
• Alternate forms of identification are acceptable until March 1, 2007
• What if I don't have any of the types of ID listed above?
• Instead of coming in to the registrar's office, can I fax in a copy of my identification card?
• I will not be able to satisfy the identification requirement but would be able to sign the affidavit. Would it be possible for me to sign the affidavit and be eligible for my state benefits?

What is HB 1023?
As of August 1, 2006, Colorado law (HB06S-1023) requires that all students who apply for certain public benefits that entail any payment or financial assistance provide proof that they are lawfully present in the United States. In the higher education arena, these public benefits include the College Opportunity Fund (COF), in-state or reduced tuition rates, some types of institutional and state-sponsored financial aid and any other benefit for which there is an application, excluding employment benefits.

What is considered a "public benefit"?
Some of the identified benefits include the College Opportunity Fund (COF), in-state tuition, some types of state or institutional financial aid, Military and Olympic Athlete tuition waivers, WUE/WICHE, Postsecondary Enrollment Options Act (PSEO) for anyone over the age of 18, any other state-funded benefits that entail any payment or financial assistance, excluding employment benefits.

Who is required to show proof of lawful presence?
All students who apply to Pikes Peak Community College, or who apply for any state benefits (i.e., in-state tuition, some forms of institutional or state aid, etc.) on or after August 1 2006, are subject to the requirements of HB06S-1023 legislation.  However, any student whose lawful presence is confirmed through the process of completing a Free Application for Federal Student Aid (FAFSA) or a College Opportunity Fund (COF) application will be considered to have met the requirements of House Bill 1023.

Are there any students who applied for state or institutional benefits but will be exempt from having to sign the affidavit/provide identification?
Any student who applied, accepted/confirmed or enrolled as an in-state student at a Pikes Peak Community College campus prior to August 1, 2006.  In addition, any out-of-state student who applied, accepted/confirmed or enrolled on any Pikes Peak Community College campus prior to August 1, 2006, will be grandfathered in for any current benefits they are receiving.  However, if any new state or institutional benefits are awarded to any student on August 1, 2006, or later, such as in-state tuition, the student must sign an affidavit and produce the appropriate identification.  Any student whose lawful presence is confirmed through the process of completing a Free Application for Federal Student Aid (FAFSA) will have met the requirements of House Bill 1023.

How do I provide proof of lawful presence?
Students who are required to show proof of lawful presence will have to sign an affidavit of lawful presence and produce a form of identification specified in the law. Students in this category for fall 2006 will receive a notice concerning this requirement. This requirement can be fulfilled in person at their campus registrar's office.

.  
What are the consequences of not complying with this HB 1023 requirement?
All students receiving in-state tuition or reduced out-of-state tuition benefits will have their tuition changed to the higher, out of state rate.  Students who apply for and are eligible for state or institutional aid will be required to return their award if they fail to comply with this legislation.

What is an appropriate form of identification?
(Any of the following non-picture ID's will require a picture ID also be presented):.
___ Unexpired Colorado Driver's License
___ Unexpired Colorado Identification Card issued by Dept. of Motor Vehicles
___ Unexpired United States Military Card
___ Unexpired United States Military Dependent Identification Card
___ Unexpired United States Coast Guard Merchant Mariner Card
___ Native American Tribal Document 

Alternate forms of identification are acceptable until March 1, 2007
___ U.S. Citizenship or Naturalization Document (NOTE: US Passport, birth certificate and adoption papers are not acceptable).

___ Unexpired Foreign Passport (not U.S. Passport) with an unexpired I-94 indicating a specific future "until date" or I-94 with "D/S" (Duration of Status) notification.

___ Unexpired Driver's License from one of the following states: AL, AZ, AR, CA, CT, DE, DC, FL, GA, ID, IN, IA, KS, KY, LA, ME, MN, MS, MO, MT, NV, NH, NJ, NY, ND, OH, OK, PA, RI, SC, SD, VA, WV, WY
___ I-94 with refugee or asylum status.
___ Unexpired foreign passport bearing an unexpired "Processed for I-551" stamp or with an attached unexpired "Temporary I-551" visa.
___ "Unexpired "resident alien" card, "permanent resident" card, "temporary resident" card, or "employment authorization" card"

What if I don't have any of the types of ID listed above?
Students who do not have any of the types of ID indicated above may still demonstrate lawful presence by:

•  Applying for a Colorado Driver's License or Colorado ID card. However, any license from any other state would have to be surrendered, or
•  Verification through the Colorado Department of Revenue waiver process.

The waiver request form is available at http://www.revenue.state.co.us/EDO_dir/pdf/dr4678.pdf . Once completed, this form, as well as all supporting documentation, must be presented in person to your local driver's license office in the State of Colorado. It will then be submitted to the Department of Revenue for verification. The College will periodically check with the Department of Revenue to determine if your waiver has been accepted. Students who must follow this process will have a temporary waiver placed upon their student record for this HB 1023 compliance. If you are denied this waiver at the state level, you will be assessed at the out-of-state tuition level or your benefit must be returned.

Instead of coming in to the registrar's office, can I fax in a copy of my identification card?
No.  The Attorney General's Office for the State of Colorado has determined that all identification must be made in person.

I will not be able to satisfy the identification requirement but would be able to sign the affidavit. Would it be possible for me to sign the affidavit and be eligible for my state benefits?
No.  House Bill 1023 requires compliance with both the affidavit, as well as the identification.