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	Sex-Abuse Bill Dies As Session Ends Lawmakers Pass Funeral Protest, Alien-Smuggling Measures By Kyle Henley kyle.henley@gazette.com Colorado Springs Gazette May 9, 2006 http://www.gazette.com/display.php?id=1317220&secid=1 Denver - Colorado lawmakers coasted to a finish Monday, putting the wraps on the 2006 General Assembly session two days early. Unlike in previous years, lawmakers didn't have to scramble to hammer out lastminute compromises on major legislation in the waning hours of the 120-day session. Most of the heavy lifting was done weeks ago, such as the statewide smoking ban that begins July 1. The remaining deals, such as an agreement fixing the state pension fund, were inked last week. The biggest event of the last day, the 118th day, was what lawmakers didn't do. Sen. Ron Tupa, D-Boulder, opted against a final vote on embattled legislation that would have lifted the statute of limitations on lawsuits in childhood sexual abuse. It was largely aimed at giving victims of clergy abuse a shot at suing their abuser or the Roman Catholic Church for failing to protect them when the abuse was brought forward. It was not limited to churches, however, and would have let victims sue any public or private institution. House Bill 1090 had many versions during negotiations, but the House late last week essentially left the Senate with an ultimatum — accept the House-passed version or defeat the bill. "It just wasn't going to work," Tupa said. "I'm disappointed with the House for refusing to compromise. There was no give and take." Tupa said the House bill did not contain any of the changes made to the bill in the Senate, including a one-year window so that past victims of abuse could sue even though the statute of limitations in their cases had lapsed. "It had some problems with it, and it was just better to assess for next year and move forward," he said. The Colorado Catholic Conference, a lobbying group that represents the church, had fought tooth-and-nail to defeat HB1090. Many parishes throughout Colorado even had statements read condemning the bill during Mass. There were plenty of bills that moved forward late Monday, including a measure by Rep. Michael Merrifield, D-Manitou Springs, which has been dubbed the "Rest in Peace Act." House Bill 1382 was proposed in response to a protest at a March funeral for a Fort Carson soldier, and it puts restrictions on protesters during military funerals. "It will create an opportunity for the families to be protected," Merrifield said. Protesters from the Kansasbased Westboro Baptist Church — headed by the Rev. Fred Phelps — carried signs at the memorial for Sgt. Gordon Misner, killed by a roadside bomb, claiming soldier deaths in Iraq were God's punishment for the nation's tolerance of gays. HB1382 requires protesters to stay 100 feet away from the service, and bars protests for 30 minutes before and after a funeral. "At the very least, if Fred Phelps and his ilk break the law, they can be arrested, fined and sued," Merrifield added. Also, lawmakers gave final approval to Senate Bill 206, making it a felony to smuggle an illegal immigrant across the U.S. border and into Colorado. SB206 is part of an eightbill package from lawmakers aimed to crack down on illegal immigration. Other bills ban state contracts with firms that hire undocumented immigrants, and create a unit within the Colorado State Patrol to enforce immigration laws. But the final night of the General Assembly session was not without political fireworks. Members of the House tried to override the governor's veto on two bills, which requires the support of two-thirds of the members. Rep. Morgan Carroll, D-Aurora, urged her colleagues to reject the gubernatorial veto on House Bill 1193, which would have protected health care workers who blow the whistle on their employers by reporting the mistreatment of patients. "It's important we take this above pure partisan party loyalty," Carroll replied to Republicans who said Gov. Bill Owens was their last resort in stopping the Democratic agenda. Her motion to override the veto failed. Lawmakers also discussed the state budget, as the governor had issued a partial veto on the "head notes" of House Bill 1385. Owens signed the budget last week, but used his line-item veto power to reject notes that specify how money should be spent. Joint Budget Committee Chairman explained that gubernatorial budget vetoes are a way for the executive branch to strip the Legislature of its power. The motion to override that partial veto failed 34-30. CONTACT THE WRITER: 1-303-837-0613 or kyle.henley@gazette.com Gazette reporter Carlyn Mitchell contributed to this report
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