Current Issues | About Amendment 41 | Implementation of Amendment 41 | Research | Ethics Reform in Other States | Legal Challenge
Current Issues
January 26, 2008 - Independent Ethics Commission Affirms Lobbyist Gift Ban
October 9, 2008 - Independent Ethics Commission Provides Clear Guidance on Gift Law; Rejects Extreme Interpretation of Amendment 41
June 30, 2008 - Comments regarding the proposed Independent Ethics Commission Rules of Procedure, 8 CCR 1510-1
About Amendment 41
Read the text of Amendment 41.
Problem:
Lobbyists dominate Colorado politics. They spend millions of dollars each year to influence public officials. As a result, moneyed special interests have access to decision makers that most Coloradans do not.
• In 2005, Colorado lobbyists spent more than $1.6 million in gifts, trips, meals, golf lessons, Broncos tickets and other expenses to influence public officials.
• In the past decade, the income of lobbyists has nearly tripled to more than $22 million per year, increasing by 191%.
Solution:
Amendment 41 will raise the ethical bar in Colorado by:
• Banning gifts from lobbyists to public officials and setting reasonable limits on gifts from non-lobbyists;
• Creating a two-year "cooling-off" period before legislators can become paid lobbyists;
• Establishing an independent ethics commission.
Implementation of Amendment 41
Amendment 41, now Article 29 of the Colorado Constitution, is about eliminating the potential for private gain because of a person’s position in government. That is the law's stated purpose, and also the threshold for assessing penalties. The Legislature has an opportunity to advance Colorado's ethics law and provide a common sense reading of the law.
On Wednesday March 21, House and Senate leadership announced a compromise plan to implement Amendment 41. Senate Bill 210, sponsored by Senators McElhany & Groff and Representatives Marshall & May, has been amended to incorporate many of the elements of House Bill 1304. Governor Ritter signed the bill into law on April 26, 2007.
SB 210 will implement the Colorado ethics law in an effective way by establishing the Independent Ethics Commission and setting basic procedures for its operation (including an appeals process and requirements to issue a subpoena), and providing guidance to the Commission to consider violations of Article 29 in light of the standard of violations of the public trust for private gain.
The Legislature asked the Supreme Court to approve the constitutionality of their approach through a process known as an interrogatory. House Joint Resolution 1029 asked the court to affirm that the guidance to the ethics commission regarding the definition of private gain is constitutional. The Supreme Court declined to hear the interrogatory, so SB 210 goes into effect without the courts review.
Research
Report Shows Lobbyist Gifts to Colorado Elected Officials
8/24/06- “Gift-Giving in Colorado Politics: The Need for Ethical Reform,” a new report released today by Coloradans for Clean Government, found that state legislators and Governor Owens received more than $200,000 in gifts and free trips from lobbyists. Unlike the majority of states, Colorado does not prohibit or restrict lobbyist gifts to public officials.
To read the press release, click here.
Ethics Reform in Other States
Lobbyist Gifts
• 27 states ban or limit lobbyist gifts
• 8 states ban lobbyist gifts (including Colorado)
• 19 states limit gifts and require mandatory reporting by lobbyists
• 23 states neither ban nor limit lobbyist gifts
Map of States with Restrictions or Bans on Gifts from Lobbyists (source: Center for Public Intergrity, data as of 03/06)
"Revolving Door"
With the passage of Amendment 41, Colorado joins 27 other states that have a "revolving door" provision to prevent former legislators from becoming lobbyists immediately after they leave office and having the “insider-advantage” in lobbying their former colleagues.
Of the 28 states that have “revolving door” provisions, 20 states have a one-year moratorium, 7 states have a two-year moratorium, and North Carolina has a six-month moratorium.
Map of States with Revolving Door Provisions (source: Center for Public Intergrity, data as of 03/06)
Legal Challenge
On February 25, 2008, the Colorado Supreme Court reversed an injunction on voter approved Amendment 41.
The Gift Ban is Back, and Clear as Ever
Court revives rules without instruction
Amendment 41 Injunction Overturned
Colorado Supreme Court May Reinstate Ethics Rules
Gifts to Governor Still in Legal Limbo
Lawmakers Again Facing Freebie Freeze
Gift ban restored, but ruling leaves much unsettled
State employee ethics rules reconsidered
Common Cause Calls for Elected Officials to Pledge to Follow Voters Wishes
May 31, 2007 - Judge Habas' decision to enjoin the gift ban adopted by Coloradans last fall is disappointing. Voters supported the ethics law in overwhelming numbers because they wanted to level the playing field for all Coloradans, not just the wealthy interests who can afford to wine and dine the legislators.
Lobbyist gift restrictions are common in many other states and the United States Congress recently acted to limit freebies from lobbyists. The constitution doesn't require that lobbyists be allowed to spend whatever they please when attempting to influence the vote of a lawmaker.
The State argued that substantial case law supports reading the language of Amendment 41 as a whole to prevent the wild interpretations of the ethics law suggested by its opponents and many of the plaintiffs in this lawsuit. We are confident that the Colorado Supreme Court will ultimately affirm Amendment 41 and this common sense application.
The fight for meaningful ethics laws in Colorado is far from over. Indeed, despite today's ruling, we call upon our state's elected officials to continue to follow the core elements of the ethics law that voters overwhelmingly approved.
Specifically, we are calling upon elected leaders to pledge to:
- Accept no gifts, trips, or meals from lobbyists
- Follow the $50 gift limit on all other gifts that are given because of the public official's office.
The voters have spoken. While the Court's initial ruling is disappointing, we hope our elected officials will honor the intentions of their constituents.
Colorado Common Cause Week at the CO Supreme Court: In May of 2007, a temporary injunction was placed on the gift ban section of the law, and it is now headed for the Supreme Court. Ultimately, the debate boils down to the proper interpretation of Amendment 41. Amendment 41 is about preventing violations of the public trust that arise from using one's public office for private gain. Case law supports reading the language of Amendment 41 as a whole to prevent the wild interpretations of the ethics law suggested by its opponents. We expect that the Colorado Supreme Court will affirm Amendment 41 and its proper application. To read the amicus brief submitted by CCC, click here. You can watch the oral arguments starting Thursday, October 25th at 9:00 a.m., or listen to them after they are posted online by clicking here.