HomeMy WebLinkAboutReport - Mail Packet - 7/24/2018 - Information From Darin Atteberry Re: Cml Newsletter June 8, 2018 - Statewide Ballot Initiatives Directly Affect Municipal Interests And Post Session Update - Transportation Infrastructure FundingNEWSLETTER VOL. 44, NO. 12, JUNE 8, 2018
EMPOWERED CITIES AND TOWNS, UNITED FOR A STRONG COLORADO
STATEWIDE BALLOT INITIATIVES DIRECTLY AFFECT MUNICIPAL INTERESTS
By Sam Mamet, CML executive director
THE LEAGUE HAS BEEN MONITORING
a number of statewide ballot measures that
would have potential impacts upon cities
and towns. Proponents circulating a change
to the Colorado Constitution need a minimum
of 2 percent registered elector signatures from
all 35 state senate districts (collectively,
a minimum of 98,492 registered elector
signatures). Those initiating a change
to a state law (not the constitution) also
need a minimum of 98,492 registered
elector signatures; however, the signatures
are not required to be gathered statewide.
In the case of many proposals, paid circulators
are being used.
The following are measures we are carefully
monitoring.
Transportation Funding
Two competing measures are circulating on
transportation funding.
One proposes a $3.5 billion bond issue for
certain specified Colorado Department of
Transportation (CDOT)-only projects. The
payback on the bonds would presumably
come from across-the-board state budget cuts.
The other measure proposes a state sales tax
rate increase for CDOT projects, a municipal-
county share back through the Highway Users
Tax Fund (HUTF) formula, and funding for
multimodal projects.
Oil and Gas
Certain sectors of the oil and gas industry
are proposing two measures and are actively
circulating one of them now.
The first measure would totally preempt
state and local government oil and gas
regulations. There is a challenge to this
measure pending before the Colorado
Supreme Court, and the League is helping
to pay for the costs of the challenge.
The second measure actively being
circulated by the industry through a group
called Protect Colorado would amend the state
constitution’s clause dealing with property
rights by adding the words “fair market value.”
Any government regulation affecting the “fair
market value” of private property would be
halted and the property owner compensated.
Both of these measures would be changes to
the Colorado Constitution.
A group of citizens organized through
Colorado Rising is also circulating a change
to state law to establish a 2,500-foot setback.
This would preempt existing memorandums
of understanding (MOUs) between operators
and producers.
There is also an initiated statute proposing to
increase certain severance taxes.
Housing Growth Caps
Another measure would impose a growth cap
via the number of building permits that can be
issued annually, in a large portion of counties
and municipalities along the Front Range.
It is proposed as a change in state law and
establishes some troubling preemption of
home rule authority, as well as appearing to
grant counties some explicit authority over
municipal land use policy.
Education Funding
Proponents for greater funding for the
state’s school finance act are circulating a
constitutional change that establishes a
graduated income tax, raises certain corporate
taxes, earmarks this revenue to the school
finance act, and freezes the Gallagher
residential ratio only for schools. It is this last
point that is of particular and direct municipal
interest. This freeze does not cover cities,
towns, special districts, or counties and likely
exacerbates the issues around Gallagher for
local governments other than school districts.
Sanctuary Cities
There may be a measure being circulated
affecting local governments and their local law
enforcement policies relative to immigration
enforcement, with sanctions placed upon those
that have certain policies.
In Conclusion
These measures must be submitted by 3 p.m.
on Aug. 6 to the Colorado Secretary of State
(except for the severance tax alteration, which
must be submitted by July 7).
The CML Executive Board will discuss
and take formal positions on these measures
sometime in August after various petitions
are submitted.
If you have any questions about any of these
items, contact CML Executive Director Sam
Mamet at smamet@cml.org, 303-831-6411,
or 866-578-0936.
July 19, 2018
TO: Mayor & City Council
FROM: Darin Atteberry
RE: Per July 16 LPT Notes /sek