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Amendment 41 stalls scholarships

CU Foundation awaiting clarity on gift-ban law

Published March 2, 2007 at midnight

The University of Colorado Foundation won't give scholarships to the children of public employees until legislators resolve questions surrounding Amendment 41, a university provost announced Thursday.

Mark Heckler, who testified before a House committee, urged lawmakers to support legislation to address the scholarship issue and other unintended consequences of the ethics measure voters approved last fall.

In addition, Heckler said, pharmaceutical companies have been advised to stop providing medication samples to publicly employed physicians.

He was one of several witnesses who talked about problems with Amendment 41, which, in part, limits government workers and their families from receiving anything worth more than $50.

Interpretations vary on who is affected.

On a party-line vote, with Democrats prevailing, the State, Veterans and Military Affairs Committee approved House Bill 1304 by Rep. Rosemary Marshall, D-Denver. It now goes to the Appropriations Committee, where it could be heard on Monday.

The bill would resolve some questions surrounding Amendment 41 by defining certain terms, including "private gain" and "personal financial gain."

In a separate but related matter, the committee approved a resolution that will ask the Supreme Court whether portions of the bill are constitutional.

Republicans said they believe the bill goes too far in trying to fix Amendment 41. They said the legislature doesn't have the authority to try to change a constitutional amendment.

But attorney Mark Grueskin, hired by Amendment 41 supporters to help write the legislation, said lawmakers previously have changed ballot measures, most notably the Taxpayer's Bill of Rights and Amendment 27.

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