First Regular Session

Sixty-second General Assembly

LLS NO. R99­0951.01 Dan Cartin

STATE OF COLORADO

BY REPRESENTATIVE Tupa;

also SENATOR Feeley.

HOUSE JOINT RESOLUTION 99-1054

CONCERNING THE GENERAL ASSEMBLY'S COMMITMENT AND SUPPORT OF LOCAL CONTROL AND HOME RULE.

WHEREAS, There are nearly 2,000 units of local government in Colorado ranging from special districts to school districts to municipalities to counties; and

WHEREAS, These political subdivisions are governed by hundreds of elected officials, many of whom serve with little or no compensation, and who simply wish to volunteer their time and energy because of a strong desire to make their local communities better places to live; and

WHEREAS, As a matter of public policy, the state has delegated large responsibilities to these men and women to carry out certain statutory duties, often with great flexibility to recognize that one size does not fit all; and

WHEREAS, The state constitution speaks to the right of local self­determination through such provisions as those establishing municipal and county home rule; and

WHEREAS, Two out of three of our state's citizens live in a city or town that is governed by a home rule charter; and

WHEREAS, These charters, representing 76 very diverse communities in our state, have been written by local citizens and approved by voters locally, thereby exercising the purest form of local control; and

WHEREAS, The Colorado Supreme Court has upheld the principle of home rule numerous times since its inception nearly 100 years ago; and

WHEREAS, As this century comes to a close, we as a General Assembly need to recognize the great diversity embodied by local government and the work that local officials do in partnership with the General Assembly at the state level; and

WHEREAS, Many of the members of this General Assembly have previously served with distinction as local elected officials; and

WHEREAS, The General Assembly considers many bills that enhance, but with increasing frequency, restrict local control; and

WHEREAS, Since the state has historically viewed many of the mandates and restrictions imposed by the Congress and federal government on state government as onerous, burdensome, and costly, it should be cognizant of the fact that local governing bodies could view many of the regulations or requirements imposed by the state on them in the same way; and

WHEREAS, The principle that "the government that governs the least governs the best" is particularly applicable where local issues are involved; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

That we, the members of the Colorado General Assembly, renew our commitment and support of local control and home rule and honor the contributions that the exercise of these principles have made to the health and welfare of Colorado and its citizens.

Be It Further Resolved, That the General Assembly should act with restraint in enacting laws on matters that could otherwise be addressed by the elected officials of local governments except in those circumstances where such legislation is appropriate, necessary, and, indeed, is better addressed by state law.

Be it Further Resolved, That a copy of this Resolution be transmitted to those organizations working on behalf of local government interests so that this Resolution may be distributed appropriately.