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Press Release- Jun 01, 2007

OFFICE OF GOV. BILL RITTER, JR.
FOR IMMEDIATE RELEASE:
FRIDAY, JUNE 1, 2007

Contact:
Evan Dreyer, 720.350.8370

GOV. RITTER'S VETO MESSAGE ON HOUSE BILL 1356

June 1, 2007

Honorable Colorado House of Representatives
66th General Assembly
First Regular Session
State Capitol
Denver, CO 80203


Ladies and Gentlemen,

I am filing with the Secretary of State House Bill 07-1356, "Concerning technical modifications to statutory provisions governing the ethical conduct of persons involved in government as required by section 3(5) of article XXIX of the state Constitution."  I vetoed this bill as of _____ __.m. today and this letter sets forth my reasons for doing so.

The purpose of House Bill 1356 was to harmonize the Public Official Disclosure Law (C.R.S. § 24-6-201, et seq.), the disclosure requirements for lobbyists (C.R.S. § 24-6-302), and the rules of conduct for public officials and government employees (C.R.S. § 24-18-104) with Colorado Constitution article XXIX, which was adopted by the voters of Colorado as Amendment 41 in the November 2006 general election.  Because section 3 of article XXIX banned most gifts that were subject to disclosure under the Public Official Disclosure Law and the lobbyists disclosure requirements, House Bill 1356 would modify those disclosure requirements to exclude from disclosure most gifts and things of value that could not be accepted under article XXIX.

On May 31, 2007, a Denver District Court Judge entered a preliminary injunction enjoining the enforcement of sections 2 and 3 of article XXIX.  See Developmental Pathways, et al. v. Ritter, Case No. 07CV1353.  Those sections contain article XXIX's substantive restrictions and limitations on government employees and public officials accepting gifts and other things of value.  Although the district court decision will be appealed, until that appeal is resolved sections 2 and 3 of article XXIX are not in effect.

Because the limitations set forth in sections 2 and 3 of article XXIX are not in effect, it is essential that the disclosure requirements and code of conduct that were in effect prior to Amendment 41's passage remain in place.  This veto ensures that public officials and lobbyists continue to disclose those benefits they receive and confer, even if those benefits would have been prohibited under section 3 of article XXIX, and that the transparency that is critical to public confidence in their government will not be eroded while the legal challenge to Amendment 41 works its way through the courts.


Sincerely,

Bill Ritter, Jr.
Governor