Colorado Proposal on Immigration
Hot topic all the time here in the Mile High State. Lets take a look at the latest proposal on immigration. The following informatation is from Defend Colorado now and its proposed admendment:
Amendment to Article V of the Colorado Constitution
Constitutional Amendment text
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 CITY, COUNTY 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.
The Ballot Title as designated and fixed by the Title Setting Board (March 3, 2004) is as follows:
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 is the purpose of Defend Colorado Now?
The amendment seeks to prevent persons not legally in the United States from receiving public services other than those directly related to public safety or life-threatening emergencies. Citizens and persons who are in the country lawfully will not be affected by this amendment.
What public services are restricted?
Non-emergency public services at any level of government, if not mandated by federal law, are prohibited under this amendment. Emergency services include police and fire protection services, and medical services in hospital emergency rooms are mandated by federal law.
Will this amendment cost taxpayers money or will it save money?
This amendment will save money by reducing unauthorized expenditures.
Why doesn't the amendment list all the services that will be restricted?
This would have been possible in earlier, less complex times, but today the government is so intertwined in our lives that a list of non-emergency public services would be almost endless. The General Assembly has constitutional, plenary power to define emergency services that are exempted from this restriction and enact reasonable and appropriate provisions to implement this amendment.
How will this amendment affect illegal aliens attending Colorado institutions of higher education?
The amendment will prevent them from getting in-state tuition.
What about in-school programs funded by State taxpayer funds, such as school-based vaccinations and after-school reading programs?
K-12 classroom instruction and activities related to instruction (such as school counseling and athletic programs) are exempt because they are mandated by federal law. Health-related school-based services may be allowed if defined as emergency services by the enforcement legislation to be enacted by the General Assembly.
What about emergency room medical services? If an illegal alien is injured in an automobile accident, can he get medical services?
Yes. Emergency medical services are mandated by federal law and will not be affected by this amendment.
Are police and fire services available to illegal aliens under this amendment?
Yes. All law enforcement and fire suppression services are emergency services required to maintain pubic safety and security, and as such are not included in the restrictions.
Does the amendment restrict services provided by private agencies using state monies, such as organizations operating under grants or contracts?
Yes.
Does the amendment restrict services using federal funds but not mandated by federal law?
Yes.
Does the amendment include "quasi-governmental" institutions that receive public funds?
Yes.
Are individual public employees to be held liable for violations of the intent of this amendment?
No. State agencies may be sued by any citizen to assure enforcement, but individual civil servants are not liable in a civil suit for violations. However, as is the case with any provision of the law, public employees may be held accountable administratively for willful and deliberate non-performance of their sworn duties as public servants.
Does the amendment restrict the County Clerk's recordation of the transfer of real property?
Yes. Persons not in the United States lawfully should not be allowed to own real property in Colorado.
Does the amendment include services provided by home-rule municipalities?
Yes. It includes all municipalities and all political subdivisions and special districts.
Does the amendment intend that persons "lawfully present in the United States" include persons on tourist visas, student visas, a work visa, or other temporary visa?
Yes. Any person who entered the country in a lawful manner is by definition here lawfully- whether a student, tourist, airline pilot, conference attendee, or simply visiting a sick relative.
Does the restriction apply to persons who entered the U.S. on a legal visa but whose visa has expired?
Yes. If the visa has expired, they are here unlawfully unless an extension has been granted.
How will state, county or municipal employees know who is entitled to services and who is not?
House Bill 1224 [C.R.S. 24-72.1] passed by the General Assembly and signed by the Governor in May 2003 sets standards for secure and verifiable identification documents that may be accepted by state agencies providing services to the public. Each agency may establish reasonable standards and procedures for the programs it administers within the limits, guidelines and definitions established by the General Assembly.
What about children attending K-12 public schools? Are they affected by this amendment?
No. Federal law mandates that K-12 public schools accept all children regardless of legal status. The amendment specifically allows for all services mandated by federal law.
Does the amendment include simple information services and consumer publications that are available through a state-operated or a state-funded Internet site or through inexpensive brochures made available at kiosks, visitors' centers and other public places?
No. The amendment does not restrict information services that are made available to the general public and available only inadvertently to persons not in the country lawfully.
Are individual public employees to be held liable for violations of the intent of this amendment?
No. State agencies may be sued by any citizen to assure enforcement, but individual civil servants are not liable in a civil suit for violations. However, as is the case with any provision of the law, public employees may be held accountable administratively for willful and deliberate non-performance of their sworn duties as public servants.
Does the amendment restrict the State of Colorado's collection of taxes?
No.
Does the amendment allow Medicaid services as a service "mandated by federal law"?
No.
Does the amendment have any effect on federal immigration laws, naturalization laws, or treaties with foreign governments?
No. The amendment does not alter or impair any federal law or state obligation under a treaty.
Will this amendment lead to discrimination against Hispanics, Arab-Americans or other minorities who are citizens or legal residents?
No. There are adequate laws in place against racial and ethnic discrimination, and there is no reason to believe state, county or municipal employees will violate these laws.
[TAKEN FROM http://www.defendcoloradonow.org/index.html ]
Amendment to Article V of the Colorado Constitution
Constitutional Amendment text
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 CITY, COUNTY 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.
The Ballot Title as designated and fixed by the Title Setting Board (March 3, 2004) is as follows:
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 is the purpose of Defend Colorado Now?
The amendment seeks to prevent persons not legally in the United States from receiving public services other than those directly related to public safety or life-threatening emergencies. Citizens and persons who are in the country lawfully will not be affected by this amendment.
What public services are restricted?
Non-emergency public services at any level of government, if not mandated by federal law, are prohibited under this amendment. Emergency services include police and fire protection services, and medical services in hospital emergency rooms are mandated by federal law.
Will this amendment cost taxpayers money or will it save money?
This amendment will save money by reducing unauthorized expenditures.
Why doesn't the amendment list all the services that will be restricted?
This would have been possible in earlier, less complex times, but today the government is so intertwined in our lives that a list of non-emergency public services would be almost endless. The General Assembly has constitutional, plenary power to define emergency services that are exempted from this restriction and enact reasonable and appropriate provisions to implement this amendment.
How will this amendment affect illegal aliens attending Colorado institutions of higher education?
The amendment will prevent them from getting in-state tuition.
What about in-school programs funded by State taxpayer funds, such as school-based vaccinations and after-school reading programs?
K-12 classroom instruction and activities related to instruction (such as school counseling and athletic programs) are exempt because they are mandated by federal law. Health-related school-based services may be allowed if defined as emergency services by the enforcement legislation to be enacted by the General Assembly.
What about emergency room medical services? If an illegal alien is injured in an automobile accident, can he get medical services?
Yes. Emergency medical services are mandated by federal law and will not be affected by this amendment.
Are police and fire services available to illegal aliens under this amendment?
Yes. All law enforcement and fire suppression services are emergency services required to maintain pubic safety and security, and as such are not included in the restrictions.
Does the amendment restrict services provided by private agencies using state monies, such as organizations operating under grants or contracts?
Yes.
Does the amendment restrict services using federal funds but not mandated by federal law?
Yes.
Does the amendment include "quasi-governmental" institutions that receive public funds?
Yes.
Are individual public employees to be held liable for violations of the intent of this amendment?
No. State agencies may be sued by any citizen to assure enforcement, but individual civil servants are not liable in a civil suit for violations. However, as is the case with any provision of the law, public employees may be held accountable administratively for willful and deliberate non-performance of their sworn duties as public servants.
Does the amendment restrict the County Clerk's recordation of the transfer of real property?
Yes. Persons not in the United States lawfully should not be allowed to own real property in Colorado.
Does the amendment include services provided by home-rule municipalities?
Yes. It includes all municipalities and all political subdivisions and special districts.
Does the amendment intend that persons "lawfully present in the United States" include persons on tourist visas, student visas, a work visa, or other temporary visa?
Yes. Any person who entered the country in a lawful manner is by definition here lawfully- whether a student, tourist, airline pilot, conference attendee, or simply visiting a sick relative.
Does the restriction apply to persons who entered the U.S. on a legal visa but whose visa has expired?
Yes. If the visa has expired, they are here unlawfully unless an extension has been granted.
How will state, county or municipal employees know who is entitled to services and who is not?
House Bill 1224 [C.R.S. 24-72.1] passed by the General Assembly and signed by the Governor in May 2003 sets standards for secure and verifiable identification documents that may be accepted by state agencies providing services to the public. Each agency may establish reasonable standards and procedures for the programs it administers within the limits, guidelines and definitions established by the General Assembly.
What about children attending K-12 public schools? Are they affected by this amendment?
No. Federal law mandates that K-12 public schools accept all children regardless of legal status. The amendment specifically allows for all services mandated by federal law.
Does the amendment include simple information services and consumer publications that are available through a state-operated or a state-funded Internet site or through inexpensive brochures made available at kiosks, visitors' centers and other public places?
No. The amendment does not restrict information services that are made available to the general public and available only inadvertently to persons not in the country lawfully.
Are individual public employees to be held liable for violations of the intent of this amendment?
No. State agencies may be sued by any citizen to assure enforcement, but individual civil servants are not liable in a civil suit for violations. However, as is the case with any provision of the law, public employees may be held accountable administratively for willful and deliberate non-performance of their sworn duties as public servants.
Does the amendment restrict the State of Colorado's collection of taxes?
No.
Does the amendment allow Medicaid services as a service "mandated by federal law"?
No.
Does the amendment have any effect on federal immigration laws, naturalization laws, or treaties with foreign governments?
No. The amendment does not alter or impair any federal law or state obligation under a treaty.
Will this amendment lead to discrimination against Hispanics, Arab-Americans or other minorities who are citizens or legal residents?
No. There are adequate laws in place against racial and ethnic discrimination, and there is no reason to believe state, county or municipal employees will violate these laws.
[TAKEN FROM http://www.defendcoloradonow.org/index.html ]
