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House panel to weigh gift-ban fix

Measure designed to clear confusion on Amendment 41

Published March 1, 2007 at midnight

An Aurora lawmaker says she has talked to a number of attorneys about a controversial ethics measure that voters approved last November.

"Every one of them has given me a different interpretation of Amendment 41," said Rep. Nancy Todd, a Democrat.

A House committee today will take up legislation that backers said is designed to resolve some of the confusion.

Critics of House Bill 1304 say the legislation is designed to fix problems with Amendment 41, but that lawmakers don't have that authority. They say because it is a constitutional amendment, it can be changed only by voters.

Both Todd and Rep. Cheri Jahn, D-Wheat Ridge, said they plan to vote for the bill today simply because they think the issue is so important it needs to be sent to the entire House for debate.

"Voting 'yes' in committee doesn't mean I'm going to vote 'yes' when it gets to the floor," Jahn said.

The bill, by Rep. Rosemary Marshall, D-Denver, will be heard by the State, Veterans and Military Affairs Committee upon adjournment of the House session.

Amendment 41 has several provisions, including a ban on gifts worth more than $50 to government employees, their families and those with government contracts.

It has spawned three separate lawsuits and resignations of lawmakers, town council members and other elected officials.

Critics say that the measure, backed by Common Cause and Internet entrepreneur Jared Polis, is unconstitutional because it violates free speech and due process.

Two Colorado Springs Republicans, Reps. Bill Cadman and Kent Lambert, said they plan to vote against the bill today. They said they don't believe the legislature has the authority to change Amendment 41, and that's what they think the bill does.

"I don't like 41, but it says what it says," Lambert said.

Rep. Terrance Carroll, D-Denver, said he will abstain from voting. His law firm helped write the bill that will be voted on today.

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