Statewide ballot measure impacting municipalities

Colorado voters will see several statewide measures on the November ballot in addition to any local questions. For each statewide question, a detailed analysis will be available from the General Assembly’s Legislative Council Staff.

CML’s Executive Board voted Sept. 18 to oppose two proposed amendments that ran counter to several pillars of the CML Policy Statement.

Amendment 81, Law Enforcement Reporting Requirements to Federal Authorities, is an initiated constitutional amendment that would require law enforcement to attempt to determine and then report the unlawful presence or unknown lawful status of any person charged with a violent crime or convicted of a prior felony. The amendment would restrict recent laws limiting information sharing with federal immigration authorities and restricting local law enforcement’s participation in civil immigration enforcement. CML opposed Amendment 81 because it would interfere with law enforcement’s primary focus on the enforcement of state and local laws, impose unfunded administrative burdens on law enforcement budgets, and expand the state constitution beyond its proper scope as a basic framework of government. A sample resolution to join CML’s opposition can be found here.

Amendment 82, Constitutional Right to Purchase and Sell Natural Gas, is an initiated constitutional amendment that would establish a right to purchase and sell natural gas for use in homes and businesses. The amendment could conflict with local ordinances and building codes regulating the installation and repair of natural gas service, delivery, pipelines, and appliances, or requiring electric appliances. CML opposed Amendment 82 because it would undermine local discretion to adopt and enforce energy efficient building codes and expand the state constitution beyond its proper scope as a basic framework for government. A sample resolution to join CML’s opposition can be found here.

Other ballot measures of municipal interest include:

• Proposition 132, Penalties for Fentanyl Crimes
  This statutory question would enhance the penalties for the possession, sale, or manufacture of fentanyl. If passed, any possession of fentanyl would be a felony, and it would require a minimum 8-year sentence for any distribution. Recently passed laws categorized minor possession charges as misdemeanors, established options for penalty reductions, and provided a tiered penalty structure for felony distribution charges.
  
  
• Amendment 84, Mail Ballot Verification
  This constitutional amendment would require mail ballots for federal or statewide elections (and municipal elections conducted as coordinated elections) to include a voter’s signature and the last four digits of their social security number or other qualifying identification number. Non-compliant ballots could not be counted, and the election official must send notice to the voter. The voter would have only eight days from election day (including the time required for the notice) to submit acceptable identification documents.
  
  
• Proposition NN, Keep and Spend Money for Education and Other Purposes
  The General Assembly referred this statutory measure that effectively establishes a higher threshold for taxpayer refunds under TABOR. The new threshold is the current TABOR threshold plus the highest amount the state has spent on K-12 education from certain funding sources in previous years. Any funds exceeding the Proposition NN threshold would be refunded. Revenue between the current TABOR refund threshold and the Proposition NN threshold must be spent on local government property tax reimbursements and K-12 education for 10 years; after 10 years; the General Assembly can define broader purposes. According to Legislative Council Staff, “state revenue is expected to continue to be well below the Proposition NN limit in the next several years, and is not expected to exceed the Proposition NN limit for at least the next five to ten years.”
  
  
• Proposition 137, Designate Sporting Goods Sales Tax Revenue for Conservation
  This statutory measure would direct money from the general fund, derived based on the volume of taxable sales of sporting goods and equipment, as additional funding for Greater Outdoors Colorado (47.5% or 38%), the Wildfire Prevention and Water Fund (47.5% or 57%), the Outdoor Equity Fund (2.5%), and the Outdoor Recreation Economic Development Cash Fund (2.5%). The measures could provide additional funding for state grants but would decrease other available revenue.

According to draft analysis by the Legislative Council Staff, Proposition NN allows the state to keep and spend revenue that would otherwise be refunded to taxpayers under TABOR, up to a newly established limit. Because Proposition 137 reduces revenue subject to the constitutional revenue limit, Proposition 137 will reduce the amount of money the state actually keeps and spends under Proposition NN, if both measures pass. If Proposition 137 passes, the amount of money the state will actually keep and spend under Proposition NN may be reduced or eliminated.