Date: 09/07/2006

Final
Amendment 41 Continued

COMMITTEE ON LEGISLATIVE COUNCIL

Votes: View--> Action Taken:
Amend Page 3 of the Final Draft, line 8, insert th
Move an amendment to Rep. Butcher's mock up Amendm
Moved a conceptual amendment to Page 2, line 28, a
Moved a prepared amendment that is a mock up of th
Moved a prepared amendment that is a "mock up" of
Moved an Amendment to Rep. Butcher's mock up Amend
Moved an amendment to Sen. Windels mock up amendme
Moved Severed Section A of Representative Butcher'
Moved Severed Section B of Representative Butcher'
Moved the prepared"Madden Amendment #2 that insert
Moved to Amend Page 3 of the Final Draft, strike l
No motion, delete this sheet		PASS
PASS
PASS
PASS
TIE
PASS
FAIL
PASS
PASS
PASS
PASS
TIE


10:01 AM

Jenny Flanagan, Colorado Common Cause, introduced herself and explained her work with the coalition sponsoring Amendment 41. She expressed her concern that the changes proposed by the opponents to the blue book would be unfair and would not be accurate.

10:04 AM -- Martha Tierney, proponent of Amendment 41, responded to questions from the committee regarding concerns about dependent eligibility for gifts or scholarships. Ms. Tierney explained her belief that such gifts would not be unlawful under the proposal because it does not directly benefit the employee. The Senate President expressed concern that such gifts would still be subject to subpoena request. Ms. Tierney emphasized that the purpose of the commission would be to make sure individuals are not using their office or responsibility for personal gain. Senator Teck noted his belief that the measure could create some unintended consequences and that the opponents' arguments seemed to more clearly reflect that possibility. Senator Gordon asked whether Denver's ethics commission has the same kind of subpoena power proposed in the measure. Ms. Tierney responded that many ethics commissions have subpoena power and that the legislature would be permitted to specify the circumstances under which a subpoena is appropriate in implementing legislation.

10:20 AM

Senator McElhany noted that the language of the measure gives power to the members of the commission and not the commission as a whole would have subpoena power. Ms. Tierney indicated that she does not see a distinction between the two. The Speaker asked Ms. Tierney to walk through the proposed changes of the opponents and then the committee members would be permitted to ask questions of Ms.Tierney. Ms. Tierney continued her discussion. The Speaker opened the discussion for questions from the committee members. Committee discussion ensued concerning areas of the measure that the members expressed could be interpreted broadly and possibly create problems. Representative Butcher asked Ms. Tierney about the rationale of the proponents in creating the standards of evidence discussed in the measure.

11:08 AM

Committee discussion and questions to Ms. Tierney regarding the provisions of the proposal. Ms. Flanagan made comments about the changes and she and Ms. Tierney finished their testimony. The Speaker noted that the committee would likely not finish at noon.

11:13 AM

Scott Gessler, representing Nate Gorman, an opponent of the measure, introduced himself and made comments about the proposed analysis. He described a scenario under which, in his opinion, a complaint could be brought against a government employee or representative. He offered his interpretation of the measure regarding the appropriateness of dependents receiving scholarships. He noted his belief that a scholarship would be a direct benefit and thus fall under the scope of the gift ban in the measure. He responded to questions from the committee asking his interpretation of how certain language would be applied.

11:53 AM

Bob Lackner and Jennifer Gilroy, Office of Legislative Legal Services, introduced themselves and responded to questions from the members of the committee regarding the language of the proposed constitutional amendment and the possible interpretations of that language. Ms. Gilroy responded to the Speaker's question about the terms direct and indirect benefits and whether that definiton was open to interpretation. She stated that a court could determine that a scholarship was a direct benefit as well as determine that it was an indirect benefit. She also discussed the possible interpretation of "special occasion" and "lawful consideration." Mr. Lackner noted that the legislature would have an opportunity to clarify language through statute that would provide meaning for terms such as "special occasion" that are not currently defined in the law. However, Ms.Gilroy added that there is some limitation to how far the legislature could go in such enacting language due to a restriction in the measure as it is currently drafted.

Representative May asked about the definition of a personal friend. Mr. Lackner said that such definition would either be made by the legislature through enacting legislation or by courts, thus creating a common law definition of the term.

12:06 PM

The Speaker announced a lunch break for one hour. The committee recessed.

01:12 PM

The committee returned from recess and Chris Ward, Legislative Council Staff, summarized the introductory bullets in the ballot analysis. The Speaker summarized the three types of gift bans addressed in Amendment 41. Mr. Ward responded to questions regarding language in the analysis and the effect of the gift ban in Section 3 related to nonprofit organizations (page 4, lines 4-10). Committee discussion followed about the adequacy of the bullets to address the full range of gifts banned by the proposal. Rep. Hoppe noted that the first bullet does not identify that the ban applies to gifts in a calendar year (page 3, line 21).

BILL:Amendment 41 Continued
TIME: 01:28:32 PM
MOVED:Butcher
MOTION:Moved a prepared amendment that is a "mock up" of the ballot analysis (see Attachment ?).

The paragraph beginning on Page 1, lines 22 through 29 of the mock up was amended by an amendment moved by Sen. Windels and Rep. Butcher (see rollcall vote from 1:44 PM). Amendments to this paragraph were later lost on a separate vote of 9-7 (see the rollcall sheet from 2:12 PM concerning Severed Section A).

Representative Butcher and Senator Groff withdrew the amendment to the paragraph on Page 2, lines 15 through 28 of this mock up.

The amendment to Page 3 of the mock up passed on separate vote of 12-4 (see rollcall from 2:16 PM concerning Severed Section B).
SECONDED:Groff
VOTE
Butcher
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Excused
Madden
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE
Representative Garcia and Senator Tupa commented on the accuracy of the proposed amendment.



BILL:Amendment 41 Continued
TIME: 01:44:56 PM
MOVED:Windels
MOTION:Moved an Amendment to Rep. Butcher's mock up Amendment (that was moved at 1:28 PM), Page 1, line 23, strike "EDUCATION" and substitute "EDUCATIONAL", insert "SEMINAR", line 27, strike "ALSO" and substitute "MAY", line 28 add strike "PROHIBIT" and substitute "PROHIBITS", after "FROM" insert "SOME"; Move this amendment (Page 1, lines 27 through 29, and Page 2, line 1), to Page 1, line 24, after "employment." This motion passed on a vote of 14-2.

It was later rejected on a separate vote (see the rollcall sheet from 2:12 PM concerning Severed Section A).
SECONDED:Butcher
VOTE
Butcher
Yes
Cadman
Yes
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 14 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS
BILL:Amendment 41 Continued
TIME: 02:04:23 PM
MOVED:Teck
MOTION:Move an amendment to Rep. Butcher's mock up Amendment (moved at 1:28 PM), Page 3, line 21, after "AMENDMENT 41" strike "REQUIRES" insert "MAY RESULT IN REQUIRING". This motion passed on a vote of 14-2.
SECONDED:Madden
VOTE
Butcher
Yes
Cadman
Yes
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 14 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Amendment 41 Continued
TIME: 02:12:28 PM
MOVED:Garcia
MOTION:Moved Severed Section A of Representative Butcher's mock up amendment (moved at 1:28 PM), Page 1, lines 22 through 29, and Page 2, line 1. This motion failed on a vote of 9 to 7.
SECONDED:Butcher
VOTE
Butcher
Yes
Cadman
No
Cerbo
Yes
Garcia
No
Gordon
No
Groff
No
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
No
Romanoff
No
Not Final YES: 9 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: PASS
BILL:Amendment 41 Continued
TIME: 02:16:00 PM
MOVED:Teck
MOTION:Moved Severed Section B of Representative Butcher's mock up Amendment that was moved at 1:28 PM. This motion amends the paragraph on Page 3 of the mock up, lines 16 through 23, as amended by the Teck and Madden amendment (see rollcall from 2:04 PM). This motion to approve Severed Section B, as amended passed on a vote of 12 - 4.
SECONDED:May
VOTE
Butcher
Yes
Cadman
Yes
Cerbo
Yes
Garcia
No
Gordon
No
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 12 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS

BILL:Amendment 41 Continued
TIME: 02:18:38 PM
MOVED:Windels
MOTION:Moved a prepared amendment that is a mock up of the final draft, Page 1, strike lines 2 through 9 concerning the bullets and substitutes the mock up with the following amendments (see Attachment ):

Bullets 1, line 1, strike "ALL" after "STATE," insert "AND CERTAIN"; line 2, after "ACCEPTING" insert "IN ANY CALENDAR YEAR"; line 3, after "FAMILY" insert "OR PERSONAL FRIEND";

Bullets 2, line 1, after "STATE," insert "AND CERTAIN";

Bullet 3, after "OFFICIAL," insert "STATE AND CERTAIN LOCAL", bullet 5,

The vote on this motion was taken at 2:53 PM. It passed on a vote of 13-3.
SECONDED:Butcher
VOTE
Butcher
Yes
Cadman
Yes
Cerbo
Yes
Garcia
Yes
Gordon
No
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 13 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Amendment 41 Continued
TIME: 02:42:21 PM
MOVED:Gordon
MOTION:Moved an amendment to Sen. Windels mock up amendment (that was moved at 2:18 PM). Amend Bullet 5, line 1, after "COMMISSION WITH" strike "INDIVIDUAL". This motion failed on a vote of 4-11.
SECONDED:Hoppe
VOTE
Butcher
No
Cadman
Excused
Cerbo
No
Garcia
No
Gordon
Yes
Groff
No
Harvey
No
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
No
McElhany
No
Spence
No
Teck
No
Tupa
Yes
Windels
No
Fitz-Gerald
No
Romanoff
Yes
Not Final YES: 4 NO: 11 EXC: 3 ABS: 0 FINAL ACTION: FAIL


BILL:Amendment 41 Continued
TIME: 02:55:30 PM
MOVED:Teck
MOTION:Moved a conceptual amendment to Page 2, line 28, after "appointment.", insert the following sentence: "AMENDMENT 41 IS SILENT ON THE MECHANISM FOR HOLDING COMMISSION MEMBERS ACCOUNTABLE FOR MALFEASANCE WHEN ACTING IN THEIR OFFICIAL DUTIES." This motion passed on a vote of 12-3.
SECONDED:
VOTE
Butcher
Yes
Cadman
Excused
Cerbo
Yes
Garcia
Yes
Gordon
No
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 12 NO: 3 EXC: 3 ABS: 0 FINAL ACTION: PASS


BILL:Amendment 41 Continued
TIME: 03:02:02 PM
MOVED:Garcia
MOTION:Moved the prepared"Madden Amendment #2 that inserts two sentences on Page 3, line 12, after "basis" (see Attachment ?) with changes to correct for spelling errors and the following change to line 5 of the Madden Amendment # 2, after "GOVERNMENT EMPLOYEES," insert "AND HIGHER EDUCATION FACULTY AND EMPLOYEES". The motion passed on a vote of 12-3.
SECONDED:Hoppe
VOTE
Butcher
Yes
Cadman
Excused
Cerbo
Yes
Garcia
Yes
Gordon
No
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 12 NO: 3 EXC: 3 ABS: 0 FINAL ACTION: PASS


BILL:Amendment 41 Continued
TIME: 03:17:31 PM
MOVED:Windels
MOTION:Moved to Amend Page 3 of the Final Draft, strike line 8, and substitute "ELECTED OFFICIALS"; line 9, strike "accountable to voters. They". The motion passed on a vote of 14-2.
SECONDED:Garcia
VOTE
Butcher
Yes
Cadman
Yes
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 14 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Amendment 41 Continued
TIME: 03:20:53 PM
MOVED:Hoppe
MOTION:Amend Page 3 of the Final Draft, line 8, insert the following sentence at the beginning of Argument 1 Against"THIS AMENDMENT DOES NOT BELONG IN COLORADO'S CONSTITUTION. IT MAY HAVE UNINTENDED AND UNDESIRABLE CONSEQUENCES.". The motion passed on a vote of 14-2.
SECONDED:May M.
VOTE
Butcher
Yes
Cadman
Yes
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Yes
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Excused
May M.
Yes
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 14 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Amendment 41 Continued
TIME: 03:25:53 PM
MOVED:
MOTION:No motion, delete this sheet
SECONDED:
VOTE
Butcher
Cadman
Cerbo
Garcia
Gordon
Groff
Harvey
Hoppe
Johnson
Excused
Madden
Excused
May M.
McElhany
Spence
Teck
Tupa
Windels
Fitz-Gerald
Romanoff
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: TIE




03:27 PM

Recess