Defend Colorado Now 2006 Initiative Language
A proposed Amendment to Article V of the Colorado Constitution
This is the actual amendment that would have become law when voters approved the initiative in November, 2006.
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 ballot title is the general description of the amendment, but the title is not the wording that will become law. The ballot title is printed on the petitions and will appear on the ballot in November, 2006.
The Defend Colorado Now Ballot Title was designated and fixed by the Colorado Title Setting Board (March 3, 2004 and January 4 and January 18, 2006). Ballot titles sometimes can be confusing because they must be worded such that a "yes" vote must affirm the ballot issue. The initiative ballot title follows. We want people to vote yes on this amendment:
[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 go 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 would not receive such services.