DENVER-
Colorado’s tough new ethics in government law goes too far and could have a “chilling effect” on people who have a right to communicate with their lawmakers, an ethics expert told a Denver District Court judge on Monday.
Opponents of the new law are seeking an injunction to keep it from being enforced until they can get a ruling on whether it is constitutional.
Peggy Kerns, director of the Center for Ethics in Government at the National Conference of State Legislatures, testified that the amendment attempts to put a monetary value on information provided to lawmakers. She said will stifle the exchange of information needed to pass new laws because it limits the amount of information a lawmaker can solicit from a lobbyist.
“The ban will (mean) you can’t talk to your legislator, you can’t talk to your city council,” Kerns told District Court Judge Christine Habas. She said lobbyists are a valuable asset because they provide information lawmakers need.
Deputy attorney general Maurice Knaizer defended the new law, saying voters knew what they were doing when they passed it.
“It’s that collective wisdom that’s being challenged here. They must show that this amendment on its face is unconstitutional in all its respects,” Knaizer told the judge.
Habas has not indicated when she might rule on the injunction.
Kerns said the amendment is flawed because there is no connection between a lawmaker who accepts a gift and an attempt to influence legislation. It simply bans all gifts over a certain amount.
“There used to be a line between lobbying and influence of a vote. Conflict of interest is a bigger ethical issue than getting a meal from a lobbyist,” Kerns testified.
The lawsuit is one of several that were filed after voters approved Amendment 41 last November. The constitutional amendment bans lobbyists from giving any gifts, including meals, to lawmakers. Anyone else can give gifts up to $50 to lawmakers, other government workers, contractors and their families. Former lawmakers must also wait two years before returning to the Capitol to work as lobbyists.
There’s confusion, though, about how far the ban goes. Lawmakers have said it isn’t clear whether state employees’ families can accept certain scholarships, whether professors can accept Nobel prize money and what gifts state employees can take.
The National Conference of State Legislatures has called it the toughest ethics rule in the nation.
