<p>Huge crisis here. A state ballot initiative to “clean up government” has now become part of the state constitution. It says that no government employee or any family member of a government employee can receive more than $50 as a gift. This is being applied to scholarships and some scholarship offers are being withdrawn.</p>
<p>And, according to a ruling by the Attorney General, if any faculty member of a state university received a Nobel Prize, they would not be allowed, by law, to accept the monetary part of the prize.</p>
<p>*"[The Colorado] Attorney General said … his reading of the new law would also bar the children of state employees from receiving college scholarships.</p>
<p>Constitutional Amendment 41, which voters approved by a large margin in November, explicitly bans state — or local —government employees from accepting ‘gifts or other things of value’ worth $50 or more.</p>
<p>Colorado Attorney General John W. Suthers defended his office’s reading of the referendum, saying it was both ‘extremely unfortunate, yet unavoidable.’</p>
<p>Suthers called on state lawmakers to enact clarifying legislation that would eliminate such interpretations of the ethics rules. Yet courts might insist that the only valid ‘corrective measure’ would be one passed by voters as a future ballot initiative."*</p>
<p>I don’t see why children who are 18 or older would be affected by a law like this… Couldn’t whatever scholarship just be postponed until the child turns 18?</p>
<p>So in essence - the students of these employees may no have no opportunities to go to college?? if they aren’t able to receive scholarships to help?? Sure sounds like this will make it an opportunity for the wealthy who can afford to pay the outragous tuitions - I still think it is unconstitutional and actually singles out these students - I would be in an uproar if I was put in this position.</p>
<p>This is one instance where the IRS tax laws are better. Maybe Colo. voters can adopt tax code wording which excludes scholarships and something like educational honorariums from income taxation.</p>
<p>It really does sound illegal - especially the idea that no member of the family can receive gifts/scholarships. I don’t even understand how one can’t receive the scholarship because of a ‘Grandfather’ being employed by the state. What about cousins and great-Aunts? I guess Christmas won’t be much fun.</p>
<p>Does this apply to the grant portion of financial aid? Grants differ from scholarships as one is based on merit and the other,grants, is based on economic need;and,therefore,should still be permitted.</p>
<p>But the reading can be contested. Is an award, a prize the same as a gift? I doubt that the Swedish government considers the Nobel prize a “gift.” </p>
<p>And what about research awards for scientists at state universities? To be declined as well?</p>
<p>And since when does an AG’s ruling make it law? I learned that that is merely the interpretation of the stat’s position, the same as any other attorney’s opinion. Until there is a court decision, this is just that, an opinion.</p>
<p>I’m sure that had the voters realized the ramifications of this they would not have voted this way. </p>
<p>And if The Colorado Attorney General said … <em>his reading</em> of the new law would also bar the children of state employees from receiving college scholarships, then why is he not simply reading it differently?</p>
<p>I guess that’s the price you pay for becoming a parasite. If you care about your kids then don’t be a parasite and work in the private sector. This law should be a huge deterrent to those considering being a career bureaucrat.</p>
<p>It costs money to get a court ruling. A lot of money if you have to take on the State’s Attorney General. Must be a real case or controversy to get before the court. Although most states may allow the AG to seek a ruling w/o an actual case or controversy-like an IRS Private Letter ruling. But don’t rely on it as law!</p>
<p>This is simply the “law of unintended consequences”. Lots of do-gooders thought we needed another law to prevent government corruption, so they proposed the ban on gifts to include not only government officials, but their relatives also. BTW, the attorney general has also opined that the ban includes awards such as the Nobel Prize (and CU has had several in the past). The legislature (which is heavily democratic) is trying to find a “work-around”, but the problem is that the law is a constitutional amendment and cannot be changed by legislative fiat. It seems that the only way to correct the problem is with another constitutional amendment.</p>
<p>Isn’t an AG an elected official rather than a “career bureaucrat?”
And what a leap of logic! Was Enron staffed with career bureaucrats?
As well, who’s paying the price? Not the AG?</p>
<p>Well a gift is given for no reason. A scholarship is based on achievement as are academic awards. Maybe a good attorney can find their way around it. Reminds me of one of those legislative acts passed at the last hour with all sorts of extras attached that no one reads. Talk about a brain drain…good bye Colorado!</p>
Wonder how long it will take to be challanged…</p>