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Bill tackles ethics law woes

Amendment 41 fix proposed amid political storm

Myung Oak Kim, Rocky Mountain News

Published February 8, 2007 at midnight

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Children of government employees could accept scholarships and lobbyists could socialize with public officials under a bill that seeks to clarify the controversial gift-ban law known as Amendment 41.

The proposal, expected to be introduced early next week, is designed to prevent a host of unintended consequences of the law approved by voters in November.

It does so by listing a handful of exemptions, including allowing CU professors to take Nobel Prize money and spouses of slain police officers to accept donations.

It also inserts language that more closely ties a gift to its intended effect.

For instance, the bill would allow a lobbyist to take a Colorado Department of Transportation worker out to lunch if their relationship is purely personal. But a lobbyist could not take a CDOT official out to lunch if he's trying to peddle a road contract, according to lawyer Mark Grueskin, a key drafter of the bill.

The bill is expected to be sponsored by Rep. Rosemary Marshall, D-Denver, and Sen. Steve Ward, R-Littleton.

As the law is now written, elected officials and public workers are prohibited from accepting anything from a lobbyist.

The proposal is being floated amid a bitter political storm.

In recent weeks, legislative leaders on both sides of the aisle have said they won't support a bill that alters the "will of the voters." They've railed against the bill's backers - millionaire Internet entrepreneur Jared Polis and government watchdog Colorado Common Cause.

Some lawmakers insist that the only solution is to send the law back to voters in 2008. House Speaker Andrew Romanoff said Sunday he wants to ask the state Supreme Court to determine what kind of legislation lawmakers can pass.

Polis conceded Tuesday that the measure is poorly worded and needs to be clarified through legislation. He is part of a group that hired a high-priced team of lobbyists, consultants and lawyers (including Grueskin) to push for passage of the impending legislation.

Ward said he decided to sponsor the legislation because he feels it is the duty of the legislature to tackle the issue instead of "punting" it to the courts.

He said he voted for Amendment 41 and talked last weekend to numerous constituents who want the law's problems fixed.

He also is bracing for stiff opposition and indicated that he might not support the bill later if he feels it violates the intent of the voters.

Some Republican lawmakers have already mounted an attack.

Senate Minority Leader Andy McElhany, R-Colorado Springs, said Wednesday the bill would drill "a truck-sized loophole" through the new law.

McElhany called the measure "unconstitutional" and a "full- blown rollback."

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