Immigration Amendment Language

[David Bolin]

Title: Message

Hi all:   Below is the anti-immigration ballot language proposed by Defend Colorado Now.  Their web site is:  http://www.defendcoloradonow.org/amendment/language.html.  Your advocacy committee is still working on the policy statement for your review.   David Bolin Executive Director Center for People With Disabilities 1675 Range Street Boulder, CO 80301 303-442-8662 303-442-0502 FAX [EMAIL PROTECTED] www.cpwd-ilc.org This email message, and any included attachments from the Center for People With Disabilities (CPWD), is confidential and is intended solely for the use of the individual or entity to which it is addressed.  The information contained herein may include protected health information or otherwise privileged information.  Unauthorized review, forwarding, printing, copying, distributing, or using such information is strictly prohibited and may be unlawful.  If you received this message in error, please notify the sender by reply to this message and delete the email without disclosure.  Thank you.   Defend Colorado Now Language A proposed Amendment to Article V of the Colorado Constitution The following language was approved by the Colorado Legislative Council in 2006. (The same language originally was approved in 2004, with slight typographical differences. See history of the initiative). Be it Enacted by the People of the State of Colorado: SECTION 1. Article V of the Colorado constitution is amended BY THE ADDITION OF A NEW SECTION to read: SECTION 51. Restrictions on Non-Emergency Services (1) Except as mandated by federal law, the provision of non-emergency services by the state of Colorado, or any county, city, or other political subdivision thereof, is restricted to citizens of and aliens lawfully present in the United States of America. (2) Any person lawfully residing in the state of Colorado shall have standing to sue the state of Colorado, or any county, city, or other political subdivision of the state of Colorado, to enforce this section. (a) Courts of record of the state of Colorado shall have jurisdiction to hear cases brought to enforce this section. (b) The general assembly may provide reasonable and appropriate limits on the time and manner of suits brought under this section. (3) The general assembly shall have the authority to implement this section by definitions and other appropriate legislation. SECTION 2. Effective date - applicability. This section shall take effect thirty days from the date of adjournment of the regular session of the general assembly following the proclamation of the vote by the governor, and shall apply to causes of action accruing on or after said date.   Ballot Title of the Defend Colorado Now initiative The Defend Colorado Now Ballot Title as designated and fixed by the Colorado Title Setting Board (March 3, 2004 and January 4 and January 18, 2006) is as follows. This is the question as it will appear on the November, 2006 ballot: [Shall there be] an amendment to the Colorado constitution concerning the restriction of non-emergency government services to certain persons who are lawfully present in the United States, and, in connection therewith, restricting the provision of non-emergency services by the State and local governments to United States citizens and aliens lawfully present in the United States, except as mandated by federal law; and providing for the implementation and enforcement of this restriction? What the title means The ballot title wording may seem a little confusing. Here is how to interpret the wording: it is worded not to directly deny services to illegal aliens, but rather to restrict services only to those lawfully in Colorado. In other words, non-emergency services are to be restricted to those who are lawfully in Colorado and will be given only to those who are lawfully in Colorado. Thus, persons unlawfully in Colorado will not receive such services. Try this: replace your family name in the title and add "only" and see how it reads. For example, if your name is Smith: [Shall there be] an amendment to the Colorado constitution concerning the restriction of non-emergency government services only to the Smith family who are lawfully present in the United States, and, in connection therewith, restricting the provision of non-emergency services by the State and local governments only to the Smith family, except as mandated by federal law; and providing for the implementation and enforcement of this restriction? Here's an even simpler rendition, with "restricted" replaced by "providing": [Shall there be] an amendment to the Colorado constitution concerning providing non-emergency government services only to the Smith family who are lawfully present in the United States, and, in connection therewith, providing non-emergency services by the State and local governments only to the Smith family, except as mandated by federal law; and providing for the implementation and enforcement of this restriction? The title has been approved twice by the Title Setting Board in 2004, twice in 2006, and by the Colorado Supreme Court in 2004 (see history).