Date: 09/06/2006
Final
Amendment 41
COMMITTEE ON LEGISLATIVE COUNCIL
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04:07 PM -- Amendment 41
Chris Ward, Legislative Council Staff, discussed the summary and analysis of Amendment 41, concerning standards of conduct in government. He described each section of the analysis including the bullet points, summary, and arguments in favor and against the measure. President Fitz-Gerald asked about how members of the ethics commission would be chosen. Senator McElhany asked what constitutes a government employee. Mr. Ward responded that the measure defines government employees at various levels of government.
04:15 PM
Senator Norma Anderson, representing herself, spoke in opposition to certain parts of the analysis as drafted. She noted her opposition to including such a measure in the state Constitution and that the measure is too far reaching. Senator Anderson explained the proposed changes to the summary and analysis.
04:26 PM
Gregory Williams, Colorado Society of Association Executives, encouraged strengthening language in the analysis regarding to which government employees the proposal applies.
04:27 PM
Jenny Flanagan, Colorado Common Cause, spoke as a proponent of the initiated measure. She discussed the intent of the proponents in sponsoring the measure and the general public support of the proposal. She made comments in response to the opposition's proposed language of the ballot analysis. She expressed concern that information in the blue book be accurate and fair for the voters. She responded to President Fitz-Gerald regarding the subpoena powers of commission members. Common Cause interprets the language as assuming the commission members would be working together when in individual is subpoenaed. Representative Garcia asked for clarification as to whether the dependent of a state or local government employee would be prohibited from accepting a college scholarship because of their relationship. Ms. Flanagan indicated her belief that because the acceptance of the scholarship is not an illegal act, the scholarship money would not fall under the law.
04:49 PM
Bob Lackner, Office of Legislative Legal Services, responded to questions from the committee concerning what types of gifts might come under the definitions in the initiative. Representative Garcia restated his question as to whether a dependent of a government employee would be precluded from receiving benefits such as scholarships. Mr. Lackner indicated that the appropriateness of receiving certain benefits or gifts would be dependent upon the circumstances surrounding the gift. President Fitz-Gerald asked about activities with entities like National Conference of State Legislatures (NCSL), Council of State Governments (CSG) and others because of those entities receipt of corporate funding. In the case of NCSL, as Ms. Flanagan noted, the initiative would not impact legislators or staff participation with the organization, however, activities with other entities that receive more than five percent corporate funding could potentially be prohibited.
05:02 PM
Speaker Romanoff adjourned the meeting until 9:30 tomorrow morning. He reminded Executive Committee members that they will meet at 7:30 a.m.