Colorado’s embattled new driver’s license program for those in the country illegally was funded and written based on an underestimated number of applicants, according to a legislator and legislative council.
Funds allocated to implement the law were calculated on the belief that only about half of the estimated 150,000 immigrants seeking the licenses would apply in the program’s first three years, according to a state fiscal report written in 2013 to determine the program’s funding.
“We just didn’t think demand was going to be this high,” said Chris Ward, fiscal note manager for the nonpartisan Colorado Legislative Council.
The new law has come under intense scrutiny from immigrants and advocacy groups who say the program is underfunded and lacking in necessary resources. However, observers say fixes are not likely to come anytime soon — at the earliest during the 2015 legislative session — and that Colorado’s politicians are unlikely to tackle the issue because of the controversy surrounding immigration.
Only five of the state’s 56 licensing centers are offering appointments for applicants seeking the licenses, allotting 155 slots each day.
“We were providing the best estimate we could when the legislature needed it,” Ward said, adding that the underestimation “would definitely affect the funding.”
DOCUMENT: Examine the Colorado driver’s license funding documents
Early versions of the law allotted $855,686 of state funds to help pay for the program’s implementation, according to legislative reports. The final version signed by the governor granted the Department of Revenue $436,291. Beyond the initial startup funds, the program is self-funded by additional fees assessed for those seeking a license under the law in order “to cover the direct and indirect” costs.
Legislative Council staff estimated demand based on data from the Pew Research Center and immigrant statistics from Utah and New Mexico, Ward said. The bill was passed and signed into law in 2013, but wasn’t rolled out officially until Aug. 1 in order to give Department of Revenue officials time to implement the new law.
The Denver Post determined it could take almost four years for all those who are seeking the licenses to obtain an appointment. The licenses are valid for three years. The dearth of slots — which fill almost immediately when new ones become available each day — and the low proportion of those who receive licenses during their visits means the wait could be longer.
After the program’s first month, about half of the 3,255 who scheduled appointment slots were granted a license, with the rest either receiving a driver’s permit or an ID card. More than 1,500 either did not meet the requirements for a document or did not show up for their appointment.
Facing public criticism, officials at the Department of Revenue have said they are restricted by limited resources.
“When I was running the bill in the House, there wasn’t any indication that there would be any problems with the funding, with the fiscal note,” said State Rep. Jovan Melton, D-Aurora, who sponsored the bill in the house.
Melton added that the note was determined by legislative council with Department of Revenue input and not by legislators.
State Sen. Jessie Ulibarri, D-Westminster, who was the bill’s main sponsor, said that while the bill is not “perfect,” it’s still “great.” Ulibarri said there have been problems with the rollout and that he is open to making changes come the next legislative session.
Department of Revenue officials have said the same, reinforcing that they need more time to gather data — which they said could take several months — before they can make any decisions on how to proceed with changes to the law or requests for more funding.
The program made headlines last week after it was found that a software glitch resulted in errors that sent 524 invalid driver’s licenses to the first batch of people licensed under the new law. Private contractor MorphoTrust distributed the licenses without a black bar that runs along the top stating that they are not valid for voting or “public benefit.”
The company sent e-mail notices to those issued the licenses and offered a gift card for their return.
On Sept. 3, leaders of Driver’s Licenses for All, which initially petitioned for law, protested outside of the state’s Democratic party headquarters saying that if Gov. John Hickenlooper did not direct resources toward the program, they would urge Latinos to drop support for him in November’s election.
“I would agree with those who are frustrated that 155 licenses being issued each day was not the legislative intent,” said former State Sen. John Morse and one of the bill’s co-sponsors, who was ousted last year in a recall election. “It seems to me like the bureaucracy is dragging its feet a bit.”
While some lawmakers and Department of Revenue officials have met with members of the immigrant community to field their concerns, almost none of the state’s high-ranking politicos have publicly made any commitments to help improve the law, which passed with bipartisan support.
Nonpartisan pollster Floyd Ciruli, of Ciruli Associates, attributes the silence to the polarizing nature of the issue, especially with upcoming elections.
“Not only is the immigration issue in general — immigration reform and the surge to the southern border — extremely polarizing and extremely controversial, this issue is even more controversial because it highlights how there are a lot of illegal immigrants in the community and they will have documents,” he said.
Bob Loevy, a retired Colorado College political science professor, agrees, saying the reluctance stems from “the fact that the people are going to start voting in a month.”
“I think it’s an issue that both parties want to steer clear of until after the elections are over,” he said.
Jesse Paul: 303-954-1733, jpaul@denverpost.com or twitter.com/jesseapaul
Estimated applicants
Colorado’s population of those living in the country illegally: 150,000
Expected applicants 2014-15: 46,523
Expected applicants 2015-16: 15,508
Expected applicants 2016-17: 15,508
Source: Colorado Legislative Council Staff Final Fiscal Note
