DENVER-
A Senate panel on Wednesday backed a proposal to set up an independent ethics commission as required under a new ethics law passed by voters last fall.
Under the measure (Senate Bill 210), it would be up to the commission to enforce Amendment 41 and define what it does and doesn’t cover. That puts it at odds with another measure working its way through the House, which attempts to clarify whether things like scholarships to government employees are banned under the law. The House is also asking the state Supreme Court whether lawmakers have the authority to do that.
Jenny Flanagan, executive director of Colorado Common Cause, which proposed Amendment 41, told senators they had the power to go further and clarify the law, as the House is doing.
She believes scholarships are allowed under the law but clarification is needed because of fears that have spread about the law.
“It offers a solution to some of the hysteria that is out there,” she said after the hearing.
But lawmakers are wary because of a section of Amendment 41 which says the Legislature can’t narrow the law. Senate Minority Leader Andy McElhany, R-Colorado Springs, said it doesn’t matter what groups like Common Cause say the law means because the state must now just follow the wording approved by voters.
Sen. Peter Groff, D-Denver, and others said that Common Cause and computer millionaire Jared Polis, who backed the campaign, should put forward another ballot proposal to fix any problems.
Groff said that it’s becoming comical “the idea we are some legislative janitorial service” to clean up the law.
Senate President Joan Fitz-Gerald also backs the Senate bill and thinks the House bill will have trouble passing the Senate.
House Speaker Andrew Romanoff, D-Denver, said the constitution gives lawmakers the job of implementing constitutional amendments and lawmakers should do their jobs.
“The question is, should we leave public employees and their children to the whims of five people, or should we do the will of the voters and implement this law in a thoughtful fashion? If you like litigation, you should oppose this legislation,” Romanoff said.
