This amendment tightens rules on employers taking ID documents by shortening the return deadline, requiring notices in multiple languages, and adding a way for harmed workers to sue.
HB26-1283
Protections for Government ID Cards at Work
In one sentence
This law stops employers from taking or demanding an employee's government-issued identification card and sets penalties, including criminal charges, for breaking this rule.
What it does
- It bans employers and their agents from asking employees to hand over their government IDs.
- It prevents employers from keeping, holding onto, or confiscating these ID cards.
- It makes it a crime called criminal possession of an identification document for anyone who breaks this rule on purpose.
- It defines specific actions as bias-motivated crimes if done to harass someone based on their race, religion, disability, sexual orientation, transgender identity, color, ancestry, or national origin.
Who it affects
- Employers and people working for employers
- Employees and job applicants of all types, including migrant and seasonal workers
Limits and unknowns
- The law includes certain exceptions that allow ID requests in specific situations not detailed here.
- Providing an ID to federal immigration authorities is allowed if state or federal laws require it.
- The exact date the law takes effect is not listed in this summary.
Plain language
Terms to know
- Class 2 misdemeanor
- A type of minor crime that carries specific penalties under state law.
- Bias-motivated crime
- An illegal act done to intimidate or harass someone because of their race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity.
Official record
Sources
Official summary
With certain exceptions, the act prohibits an employer or an employer's agent from demanding, confiscating, retaining, or otherwise requiring an individual who is an employee or an applicant for employment or who is performing work or seeking to perform work for the employer in any capacity, including a migrant worker or seasonal employee, to surrender the individual's government-issued identification card. A person that knowingly violates the act's prohibition commits criminal possession of an identification document, which is a class 2 misdemeanor. A person commits a bias-motivated crime if, with the intent to intimidate or harass another individual, in whole or in part, because of that individual's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity, the person: Violates the act's prohibitions; or Provides, or threatens to provide, an individual's government-issued identification document to federal immigration authorities, except where required or permitted by state or federal law. Such a bias-motivated crime is a class 1 misdemeanor, and a victim may seek additional remedies available under law. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- House Considered Senate Amendments - Result was to Concur - RepassHouse
- House Considered Senate Amendments - Result was to Laid Over DailyHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Special Order - Passed with Amendments - CommitteeSenate
- Senate Committee on Judiciary Refer Amended to Senate Committee of the WholeSenate
- Introduced In Senate - Assigned to JudiciarySenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - Committee, FloorHouse
- House Second Reading Laid Over Daily - No AmendmentsHouse
- House Committee on Judiciary Refer Amended to House Committee of the WholeHouse
- House Committee on Judiciary Witness Testimony and/or Committee Discussion OnlyHouse
- Introduced In House - Assigned to JudiciaryHouse
Changes
Amendments
7 stored
This amendment expands the bill's protections to cover more types of workers, including migrant and seasonal employees.
This amendment fixes a numbering error in the list of exceptions within the bill.
This amendment adds a rule stating that an employer is not guilty of illegally holding someone's ID if they can prove the possession was accidental.
This amendment changes the law to allow a person whose ID was illegally taken by an employer to ask a court for its return and file a civil lawsuit.
This amendment changes the time limit in the bill from twenty-four hours to ten hours.
This amendment requires employers to provide information about identification document protections in English and, if known, the employee's primary language.