Last November, Colorado voters overwhelmingly approved Amendment 41, the Common Cause- backed law that bans lobbyists from giving gifts to legislators, and places a $50 limit on gifts that can be received by public employees in connection with their public office. Before the election and since its passage, the lobbyists and other powerful interests opposing the law have pulled out all their guns to fight it. Not surprisingly, the lobbyists don't like to admit how much they used free gifts, trips and meal to build relationships at the Capitol. Instead, they've focused on advancing wild interpretations of the law, such as the myth that Amendment 41 would stop children of state employees from accepting college scholarships.
The fight has moved from the ballot box to the legislature to the courts. Opponents have challenged Amendment 41, arguing that it threatens their constitutional rights. A district court enjoined the gift ban portion of the law last May (meaning it is not in effect until the court rules). We don't agree with that ruling, and believe that the law will ultimately be upheld, as many other gift bans have been throughout the country. The Constitution doesn't guarantee a right of lobbyists to buy free lunches.
Last Thursday, the Colorado Supreme Court heard oral arguments in the case. A ruling will likely be rendered by the end of the year.
The law was intended to stop people from violating the public trust for private gain. A child of a public employee that accepts a scholarship based on academic merit is hardly violating the public trust.
I think news columnist Jim Spencer said it best:
"Opponents of ethics reform lack any proof that this has happened. They deal strictly in what-ifs.
What if someone saw a lawmaker eating lunch or dinner with a lobbyist? They might think the lobbyist was paying for the meal. What if a planning commissioner's children got college scholarships? People might think she favored the people who paid her kids' way to school. Forget that you can't control what people think."
While it could be a while, cross your fingers and hope that the Colorado Supreme Court rules the right way, the way the voters want. Amendment 41 passed with over 62% of the vote. To me, that means one thing: "We want ethics reform, and we want it now."
An overwhelming majority of Colorado voters last fall approved Amendment 41, wanting to ban lobbyist gifts to lawmakers and policymakers. They approved the measure to raise the ethics standards in our state. Previous ethics-reform measures never made it out of the legislature.
Earlier this week, the Denver Post editorialized in favor of implementation. "There's still time for lawmakers to act. Otherwise, citizens will again have to the do their job for them." - The Denver Post, 4/20/07,
"Ethics Reform Effort is on Shaky Ground."Just when we thought it was never going to happen. FINALLY. The Colorado General Assembly passed Senate Bill 210, the compromise ethics implementation bill and it is now headed for the Governor's desk. This is no small feat, it has taken months to get this far. After a lot of feet dragging, the Colorado legislature is finally going to uphold the will of the voters.
Amendment 41, the Ethics in Government Initiative, was passed in November with over 62% of the vote. Higher than any other initiative on the ballot (and to be fair, there were 12 all together). Since its passage, it has become the talk of the town...literally. Opponents made wild claims that children of government employees would no longer receive college scholarships, and ranchers in southern Colorado couldn't receive disaster aid in the wake of giant snow storms. These claims caught on in the news, and the media storm that followed was something that none of us could have predicted. But, finally, Senate Bill 210 makes serious strides toward implementing the law the right way.
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