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Lawmakers reach deal on Amendment 41

Measure may go back to voters

Published March 13, 2007 at midnight

Lawmakers have reached a deal on controversial legislation that implements an ethics measure approved by voters last fall.

The compromise calls for Coloradans in 2008 to vote on the proposed bill, basically asking them, "Is that what you meant when you voted for Amendment 41?" said House Minority Leader Mike May.

The Parker Republican said House Bill 1304, which is scheduled to be debated on the floor this morning, will be amended to include an election in the fall of 2008.

May credited House Majority Leader Alice Madden, D-Boulder, in particular, for spearheading the compromise.

The bill defines terms in Amendment 41, making it clear, for example, that the children of government workers are eligible for scholarships.

Critics of HB 1304 — which had been expected to die in the Senate until the compromise was reached — said the legislation rewrote Amendment 41 to fix its problems, which is not allowed under the constitution. A companion measure asks the Colorado Supreme Court whether the legislation is constitutional.

May said if the court comes back and says the legislation is unconstitutional, there would be no election. But if the court declines to take up the issue or determines that the bill is constitutional, then the election would proceed.

Voters last fall approved Amendment 41, which among things prohibits gifts of $50 or more to government employees and their families. Backers said it was never meant to ensnare children from receiving scholarships or, for example, an injured firefighter from receiving donations.

But critics maintain it was written in such a way that it does do that, and voters were told this last fall on the campaign trail.

What House Bill 1304 does is clarify confusion around some of those issues. It also sets up an ethics commission, as called for in Amendment 41, to review complaints.

If the issue goes to the ballot, and voters reject it, May said Colorado then is stuck with the strict interpretation of Amendment 41, which would prohibit scholarships and such.

May praised Democratic and Republican leaders for working together to come up with the compromise.

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