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Sens. Tom Weins, R-Castle Rock, Greg Brophy, R-Wray, and Andy McElhany, R-Colorado Springs, from left, listen to Assistant Minority Leader Ted Harvey, R-Highlands Ranch, at the state Capitol on Sunday, the fourth day of an ongoing special legislative session called by Gov. Bill Owens primarily to address illegal immigration.STORY TOOLS
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Lawmakers approve service denial measures

By Lynn Bartels And April M. Washington, Rocky Mountain News
July 10, 2006

A high-stakes battle over illegal immigration ended its fourth day Sunday with Republicans offering a compromise on a key bill, but an increasing number of lawmakers say the special session is a waste of time and money.
The Senate gave initial approval to a Democratic measure that would ban government services to illegal immigrants beginning Aug. 1.

Democrats said their proposal, if signed into law, would be the toughest in the nation and does far more to crack down on illegal immigration than a thwarted GOP-backed ballot measure that led to the special session.

But Republicans dismissed House Bill 1023 as a do-nothing measure, and said they still believe voters should have a say on the issue in November.

"It's a dereliction of duty to come up with something short of a ballot measure," said Sen. Steve Johnson, R-Fort Collins.

On Sunday, Republicans offered a compromise deal: They would agree to a chunk of the Democratic proposal to ban services to illegal immigrants beginning next month, but want voters to decide in November whether to put that law in the Colorado Constitution and let lawmakers hash out the details next session.

"We think this is a winning proposal," said House Minority Leader Mike May, R-Parker. "Let's do it now - and let's do it later."

House Majority Leader Alice Madden said she couldn't support that approach.

"I think it's ridiculous," said Madden, D-Boulder. "It's not necessary to vote on something we already put into law."

After convening shortly after noon on Sunday, the House adjourned around 2 p.m., but the Senate, which passed a handful of bills on illegal immigration in addition to HB 1023, worked until 5:30 p.m.

Some lawmakers like few of the proposals they see, from either Democrats or Republicans.

"They're stupid," said Sen. Dan Grossman, D-Denver. "We're going to take this invented issue and crack down on poor people and on businesses."

Sen. Dave Owen, R-Greeley, called the session a "joke," saying proposals that target employers do little to stem the flow of illegal immigration.

The bickering that has been the hallmark of the special session intensified Sunday, with Democrats complaining of racial overtones and Republicans saying nothing can be done on the issue with Democrats in charge.

Some lawmakers renewed their criticism of Republican Gov. Bill Owens.

"Owens had eight years to fix this problem, and on the eve of the death of his administration, he decides to take this up," said Rep. Dorothy Butcher, D-Pueblo. "This is nothing but a bunch of political hype."

Owens made a rare appearance before a Senate committee on Saturday to blast the Democratic proposal as ineffective, but did not publicly comment Sunday.

"The governor watched the events of the day with great interest and will wait to see what actions are taken (today)," said Owens' spokesman, Dan Hopkins.

The governor met Sunday morning with high-powered attorney Steve Farber and business representatives who expressed concern over some proposals, particularly a GOP-backed measure that requires all Colorado workers to obtain state IDs.

Critics, including Senate President Joan Fitz-Gerald, D-Coal Creek Canyon, said the measure would give Colorado an anti-business aura.

But much of Sunday's debate was centered on HB 1023 by Fitz-Gerald and Speaker Andrew Romanoff, D-Denver.

"When we were called into a special session, the people expected to get steak; now they're getting Pablum," said Sen. Jim Dyer, R-Centennial.

But Fitz-Gerald disagreed and said the bill, if signed into law, would be on the books by next month.

"This answers the call for immediate action," she said.

She pointed out that the ballot proposal the GOP touts, Initiative 55, would not have gone into effect until next July after lawmakers in the 2007 session hammered out the details of what services illegal immigrants would be denied.

"This state provides clean water and clean air. Do we limit that service?" said Fitz-Gerald. "There was nothing abundantly clear in that initiative."

The Colorado Supreme Court last month disqualified the proposal from the ballot in a controversial decision that led to the special session.

Rep. Ted Harvey, R-Highlands Ranch, said it's the Democrats' fault if nothing gets resolved this special session. He said if Coloradans want something done about illegal immigration, they need to vote Republican in November.

Democrats said that statement is further proof that Republicans don't want to solve the problem now so they can make it a wedge issue in the election.

"Ted Harvey's statement removes any fig leaf that might have covered the motives of some of these folks," Romanoff said.

Rep. Rosemary Marshall, D-Denver, called the session a complete waste of time and "sickening."

"The whole session is a fake," she said. "I told the speaker to send me home."

Special session update

Today is Day 5: The House convenes at 9:30 a.m., the Senate at 10 a.m.

• Status: The Senate on Sunday gave initial approval to House Bill 1023, a Democratic-backed measure that bans government services to illegal immigrants effective Aug. 1. Republicans say it doesn't go far enough.

• Today: More debate on HB 1023 and a committee hearing on HB 1018, a GOP measure that would require anyone working in Colorado to obtain a state ID. Critics say the ID measure is anti-business and have lobbied the governor about it.

• What's next: The session has been unpredictable and it's anyone's guess whether Democrats and Republicans will reach a compromise today. A num- ber of lawmakers have said the special session, at a cost of $15,000 a day, is a waste of money and needs to end.

House Bill 1023, as amended

The Senate on Sunday amended its cornerstone bill to deny most services to undocumented immigrants starting Aug. 1, in part to respond to complaints by Gov. Bill Owens that the original bill had no teeth. Provisions of the bill, as tentatively passed by the Senate Sunday:

• These public benefits will be restricted: Any grant, contract, loan, professional or commercial license provided by an agency of a state or local government or by appropriated funds of a state or local government; and any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household or family eligibility unit by an agency of a state or local government or by appropriated funds of a state or local government.

• To get services: A person must prove that he or she is a U.S. citizen, a legal permanent resident, or is otherwise legal under U.S. law.

• Verification: A person must have a Colorado driver's license or ID, or federal photo ID, or be in the federal Systematic Alien Verification of Entitlement program (SAVE).

• Penalty for falsifying eligibility information: perjury in the second degree. Each offense carries a maximum penalty of 18 months in jail, a $5,000 fine, or both, and a minimum penalty of six months in jail, a $500 fine or both.

• Exceptions: Those services required by federal law and services to children.

• Governmental violations: A citizen can sue if the state or a local government violates this or any other law.

Current law

Under present Colorado law, illegal immigrants are not eligible for a number of services, including:

• Driver's license

• Supplemental Security Income

• Food stamps

• Aid to needy families

• Medicare

• Adoption assistance

• Aging and adult services

• Child-care assistance

• Foster care

• Low-income home Energy Assistance Program

• Old-age pension benefits

• Unemployment insuranceSources: House Democrats, Colorado Law 26-2-111

bartels@RockyMountainNews.com or 303-892-5327 Staff writer Sara Burnett contributed to this report.