JUSTICE EID delivered the Opinion of the Court.
¶ 1 Pursuant to section 1-40-107, C.R.S. (2016), petitioners Scott E. Smith and D. Michael Kopp ("Petitioners"), both registered electors, appeal the actions of the Ballot Title Setting Board ("Title Board") regarding the setting of the title and ballot title and submission clause for Proposed Initiative 2017-2018 #4 ("Initiative #4") (for tracking purposes, captioned "Limit on Local Housing Growth").
¶ 2 Respondents Daniel Hayes and Julianne Page are the designated proponents of Initiative #4, which aims to limit housing growth in Colorado. Initiative #4 would amend the Colorado Constitution by adding a new section to article XVIII, titled "Colorado growth limitation." The new section would give every "city, town, city and county, or local county" the right to limit housing growth by initiative and referendum. It would also cap annual housing growth at one percent in ten jurisdictions for the years 2019 and 2020,
¶ 3 The Title Board first denied title setting, finding that the initial version of Initiative #4 did not contain a single subject.
¶ 4 Petitioners Scott E. Smith and D. Michael Kopp each filed a petition for rehearing, contending that Initiative #4 contained multiple subjects, the title was misleading, and the abstract failed to meet the requirements of section 1-40-105.5(3). The Title Board held a rehearing on January 4, 2017, at which it amended the title and denied both rehearing petitions in all other respects.
¶ 5 Petitioners each sought review by this court of the Title Board's actions.
¶ 6 The Colorado Constitution provides that no constitutional amendment or law "shall be proposed by petition containing more than one subject, which shall be clearly expressed in its title." Colo. Const. art. V, § 1(5.5);
¶ 7 The single-subject requirement functions to prevent two dangers: (1) "logrolling," or the practice of "combining subjects with no necessary or proper connection for the purpose of garnering support for the initiative from various factions — that may have different or even conflicting interests — [in order to] lead to the enactment of measures that would fail on their own merits"; and (2) voter surprise and fraud caused by the "passage of a surreptitious provision `coiled up in the folds' of a complex initiative."
¶ 8 We have held repeatedly that where a proposed initiative "tends to effect or to carry out one general objective or purpose," it presents only one subject.
¶ 9 Here, Petitioners contend that Initiative #4 contains multiple subjects. Petitioners assert that subsection 1 of Initiative #4 creates a new county right of initiative and restricts the governance power of home-rule municipalities, which they claim are subjects distinct from the one-percent annual limit on housing growth established in subsection 2. They argue further that subsection 4 enacts a "change to the initiative process itself," and thus constitutes yet another separate subject. We disagree.
¶ 10 We hold that Initiative #4 contains a single subject: limiting housing growth in Colorado. Subsections 2 and 3 limit housing growth to one percent annually in ten jurisdictions until 2021 and prohibit permits for new residential housing units in the same jurisdictions until 2019. Both provisions "tend to ... carry out [the] one general objective" of limiting housing growth in Colorado by providing a means for reducing the number of new homes built. The provisions are thus interrelated and necessarily and properly connected to the subject of limiting housing growth in Colorado.
¶ 11 Subsection 1 designates who has authority under Initiative #4 to enact, alter, and repeal regulations on housing growth — namely, the "electors of every city, town, city and county, or local county, whether statutory or home rule." The possibility that subsection 1 might alter the power of home-rule municipalities does not render it a distinct and separate subject.
¶ 12 Finally, subsection 4 establishes a signature requirement for proposals to regulate the growth of privately owned residential housing and outlines procedures for challenging signatures and the form and content of a petition. Contrary to Petitioners' claims that it constitutes a fundamental change to the initiative process, subsection 4 provides for the implementation of Initiative #4 and is thus "directly tied to the initiative's central focus."
¶ 13 Subsection 4 is titled "Initiative and referendum for this section." Thus, the plain language of subsection 4 limits its application to initiatives and referenda undertaken pursuant to Initiative #4. Substantively, subsection 4 provides procedures for implementing the initiative and referendum requirements detailed in subsections 1 and 2. It is therefore interrelated with and properly connected to the other provisions of Initiative #4. It is also necessary to effectuate Initiative #4's central purpose of limiting housing growth, as it sets forth initiative and referendum procedures for entities seeking to regulate housing growth that may not have such procedures in place. Because subsection 4 is an "[i]mplementing provision[] that [is] directly tied to the initiative's central focus," it is not a separate subject and is properly included in the text of Initiative #4.
¶ 14 Initiative #4 does not present either of the dangers the single-subject requirement seeks to prevent. There is no threat of logrolling here, because those who favor limits on housing growth would also favor establishing procedures through which electors may implement those limits. All aspects of Initiative #4 are interrelated and point in the same direction — limiting housing growth in Colorado. Likewise, voters will not be surprised by provisions "coiled up in the folds" of Initiative #4. Initiative #4 does not, for example, simultaneously add to, repeal, replace, and preempt existing constitutional and statutory provisions, as did the recall initiative in
¶ 15 In this opinion we also consider, for the first time, whether we have the authority to review an abstract prepared and submitted to the Title Board pursuant to section 1-40-105.5. We agree with the parties that section 1-40-107 grants this court reviewing authority. Accordingly, we also address the standard that this court should use on review, and apply that standard here.
¶ 16 The General Assembly recently revised the ballot initiative process to add a fiscal impact statement requirement. The new law, which took effect in March 2016, requires that "[f]or every initiated measure properly submitted to the title board under section 1-40-106, the [director of research of the legislative council of the general assembly] shall prepare an initial fiscal impact statement." § 1-40-105.5(2)(a). Among other things, the initial fiscal impact statement "must ... [i]nclude an abstract," § 1-40-105.5(2)(c)(III), which must contain enumerated estimates and statements, § 1-40-105.5(3). The abstract included in the statement is final, "unless modified in accordance with section 1-40-107." § 1-40-105.5(2)(a).
¶ 17 Section 1-40-107 sets forth procedures for appealing the Title Board's actions.
¶ 18 In interpreting statutes, we look to the statutory language and give "words and phrases their plain and ordinary meanings."
¶ 19 Accordingly, we agree with the parties that this court has the authority to review an abstract prepared pursuant to section 1-40-105.5. We therefore turn to the proper standard of review and the abstract at issue here.
¶ 20 Neither section 1-40-105.5, which sets out the new fiscal impact statement and abstract requirements, nor section 1-40-107 mandates this court to apply a particular standard of review to the Title Board's actions regarding an abstract. We therefore look to our case law on other actions by the Title Board for guidance. We conclude that the appropriate standard is the same standard we apply to the Title Board's single-subject and clear-title findings: we draw all legitimate presumptions in favor of the propriety of the Title Board's decision and only overturn the Board's decision in a clear case.
¶ 21 We see no reason to apply a different standard of review to the Title Board's approval of a fiscal impact statement abstract than we do to its setting of ballot titles and submission clauses. First, the grounds and procedures for challenging the setting of a title and for challenging an abstract are set forth in the same sections of the same statute.
¶ 22 The Title Board is also in a better position than this court to weigh the merits of evidence regarding the accuracy of an abstract. The Title Board, unlike this court, holds public rehearings at which it may hear testimony, take evidence, and inquire into information presented by various sources. Indeed, in this case, the Title Board heard testimony from a representative for the legislative council. The director of research of the legislative council is the person tasked under section 1-40-105.5 with considering estimates submitted by interested parties and preparing the initial fiscal impact statement and abstract.
¶ 23 Applying this standard here, we affirm the Title Board's decision approving the abstract for Initiative #4. The abstract states generally how local government revenue may be affected by the limitations on housing growth proposed in Initiative #4. For example, it notes that in communities with binding growth limits, Initiative #4 will reduce building permit revenue, but may increase property tax revenue if property values rise. Petitioners claim that, because the abstract does not include any hard numbers or other quantitative data, it is misleading and fails to satisfy the requirements for abstracts set forth in section 1-40-105.5(3). At the rehearing, however, the representative for the legislative council testified that it is simply not possible to provide quantitative estimates for the effects of Initiative #4. The representative explained that there is no way to predict which jurisdictions will exercise a new right to limit housing growth or choose to keep the one-percent growth limit past 2021, and therefore there is no way to give precise estimates of fiscal or other impacts. In such situations, the representative stated, it is standard practice for the council to provide indeterminate qualitative impact statements. Finally, the Title Board asked where section 1-40-105.5(3)'s requirements appear in the abstract. In response, an economist for the legislative council, who also testified, went through each requirement and the council's attempt to comply, highlighting further the circumstances preventing accurate estimates.
¶ 24 After considering the representative's and the economist's testimony, the Petitioners' claims, the requirements of section 1-40-105.5(3), and other available evidence, the Title Board decided to approve the abstract. We cannot say that this is a "clear case"
¶ 25 For the above-stated reasons, we affirm the Title Board's actions.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO: ARTICLE XVIII OF THE CONSTITUTION OF THE STATE OF COLORADO IS AMENDED BY THE ADDITION OF A NEW SECTION TO READ:
(1) THE ELECTORS OF EVERY CITY, TOWN, CITY AND COUNTY, OR LOCAL COUNTY, WHETHER STATUTORY OR HOME RULE, RESERVE THE RIGHT TO LIMIT HOUSING GROWTH BY INITIATIVE AND REFERENDUM WITHOUT LEGISLATIVE INHIBITION OR PENALTY. THIS RIGHT IS FURTHER RESERVED ON A COUNTYWIDE BASIS WHEREBY ELECTORS THROUGHOUT A COUNTY MAY ELECT TO LIMIT HOUSING GROWTH UNIFORMLY IN ALL LOCAL GOVERNMENTS AND ANY PART OF SUCH, WHETHER STATUTORY OR HOME RULE, WITHIN SUCH COUNTY BY INITIATIVE AND REFERENDUM.
(2) PRIVATELY OWNED RESIDENTIAL HOUSING GROWTH IN THE CITY AND COUNTIES OF BROOMFIELD AND DENVER, AND COUNTYWIDE IN THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, DOUGLAS, EL PASO, JEFFERSON, LARIMER, AND WELD, INCLUDING ALL LOCAL GOVERNMENTS WITHIN SUCH COUNTIES, SHALL NOT EXCEED ONE PERCENT ANNUALLY FOR THE YEARS 2019 AND 2020. IN SAID COUNTIES EACH LOCAL GOVERNMENT AND ANY PART OF SUCH, WHETHER STATUTORY OR HOME RULE, AND EACH SAID CITY AND COUNTY SHALL ALLOT BUILDING PERMITS SO THAT HOUSING GROWTH DOES NOT EXCEED A ONE PERCENT ANNUAL GROWTH RATE IN THE TOTAL NUMBER OF HOUSING UNITS IN EACH SAID YEAR. BEGINNING 2021 SUCH GROWTH LIMITATIONS MAY BE AMENDED OR REPEALED BY INITIATIVE AND REFERENDUM OR OTHERWISE SHALL REMAIN IN EFFECT.
(3) NO PERMITS TO BUILD NEW PRIVATELY OWNED RESIDENTIAL HOUSING UNITS SHALL BE ISSUED WITHIN SAID COUNTIES INCLUDING ALL LOCAL GOVERNMENTS CONTAINED WITHIN OR ANY PART OF SUCH AND SAID CITY AND COUNTIES BEGINNING WITH THE DECLARATION OF VOTER APPROVAL OF THIS SECTION UNTIL JANUARY 1, 2019.
(4) INITIATIVE AND REFERENDUM FOR THIS SECTION:
(a) SIGNATURE REQUIREMENTS FOR INITIATIVE AND REFERENDUM FOR ENACTING, REPEALING, OR AMENDING, PROPOSALS TO REGULATE THE GROWTH OF PRIVATELY OWNED RESIDENTIAL HOUSING FOR LOCAL GOVERNMENTS, WHETHER STATUTORY OR HOME RULE, SHALL BE FIVE PERCENT OF THE TOTAL NUMBER OF VOTERS PARTICIPATING IN THE MOST RECENT GENERAL ELECTION IN SUCH LOCAL GOVERNMENT. SUCH PROPOSALS ON A COUNTYWIDE BASIS SHALL INCLUDE THE SUMMATION OF SUCH REQUIREMENT FROM EACH LOCAL GOVERNMENT AND ANY PART OF A LOCAL GOVERNMENT NOT GOVERNED WITHIN SUCH COUNTY ACCUMULATED FOR THE TOTAL SIGNATURE REQUIREMENT AS DETERMINED BY THE COUNTY CLERK.
(b) PETITIONS FOR COUNTYWIDE PROPOSALS SHALL BE ISSUED BY THE COUNTY CLERK FOR ALL LOCAL GOVERNMENTS OR ANY PART OF SUCH WITHIN SUCH COUNTY WITH STATED MINIMUM SIGNATURE REQUIREMENTS FOR EACH SUCH ENTITY.
(c) ONLY ONE CHALLENGE FOR THE FORM AND CONTENT OF A PETITION
(d) ONLY ONE CHALLENGE FOR SIGNATURE SUFFICIENCY SHALL BE ALLOWED AND MUST BE FILED WITHIN TEN BUSINESS OF THE CLERK'S CERTIFICATION OF SIGNATURE SUFFICIENCY AND AFTER ALLOWING FOR ADDITIONAL NEEDED SIGNATURES. RECERTIFICATION SHALL NOT EXCEED TWO WEEKS AND SHALL BE FINAL.
(5) IF ANY PROVISION OF THIS SECTION IS HELD INVALID, THE REMAINDER OF THIS SECTION SHALL REMAIN UNIMPAIRED.
(6) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "ANNUAL GROWTH" MEANS THAT WHICH OCCURS IN A PARTICULAR CALENDAR YEAR MEASURED IN THE TOTAL NUMBER Of HOUSING UNITS ABOVE THAT FOR THE PREVIOUS YEAR.
(b) "HOUSING UNIT" MEANS A BUILDING OR ANY PORTION OF A BUILDING DESIGNED FOR OCCUPANCY AS COMPLETE, INDEPENDENT LIVING QUARTERS FOR ONE OR MORE PERSONS, HAVING DIRECT ACCESS FROM THE OUTSIDE OF THE BUILDING OR THROUGH A COMMON HALL AND HAVING LIVING, SLEEPING, KITCHEN, AND SANITARY FACILITIES FOR THE EXCLUSIVE USE OF THE OCCUPANTS. A DETACHED HOME HAS ONE HOUSING UNIT WHEREAS AN APARTMENT BUILDING WITH EIGHTY APARTMENTS HAS EIGHTY HOUSING UNITS.
(c) "LOCAL COUNTY" MEANS THE COUNTY, WHETHER STATUTORY OR HOME RULE, AS A SEPARATE LOCAL GOVERNMENT WITHIN SUCH COUNTY AS IN THE UNINCORPORATED COUNTY.
(d) "LOCAL GOVERNMENT" MEANS A CITY, TOWN, CITY AND COUNTY, OR LOCAL COUNTY, WHETHER STATUTORY OR HOME RULE.
(e) "PRIVATELY OWNED RESIDENTIAL HOUSING" MEANS A SUMMATION OF HOUSING UNITS WHICH ARE RESIDENTIALLY ZONED OR OTHERWISE INTENDED FOR PRIVATE RESIDENTIAL USE. THOSE OWNED BY A FEDERAL, STATE OR LOCAL GOVERNMENT ENTITY, OR AN EDUCATIONAL, MEDICAL, OR PENAL FACILITY ARE EXCLUDED AS ARE COMMERCIALLY ZONED ACCOMMODATIONS SUCH AS HOTELS AND MOTELS.
The title as designated and fixed by the Board is as follows:
An amendment to the Colorado constitution concerning limitations on the growth of housing, and, in connection therewith, permitting the electors of every city, town, city and county, or county to limit housing growth by initiative and referendum; permitting county voters by initiative and referendum to limit housing growth uniformly within the county, including all or parts of local governments within the county; establishing procedural requirements for initiatives for local governments, whether statutory or home rule, concerning limits on housing growth; and for the city and counties of Broomfield and Denver, and in the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, and Weld: 1) prohibiting the issuance of new permits for privately owned housing units by local governments located in
The ballot title and submission clause as designated and fixed by the Board is as follows:
Shall there be an amendment to the Colorado constitution concerning limitations on the growth of housing, and, in connection therewith, permitting the electors of every city, town, city and county, or county to limit housing growth by initiative and referendum; permitting county voters by initiative and referendum to limit housing growth uniformly within the county, including all or parts of local governments within the county; establishing procedural requirements for initiatives for local governments, whether statutory or home rule, concerning limits on housing growth; and for the city and counties of Broomfield and Denver, and in the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, and Weld: 1) prohibiting the issuance of new permits for privately owned housing units by local governments located in whole or in part within such counties and such cities and counties until January 1, 2019, 2) limiting the growth of privately owned residential housing units to one percent annually starting in 2019, and 3) permitting the one percent growth limitation to be amended or repealed by initiative and referendum commencing in 2021?
The abstract includes estimates of the fiscal impact of the proposed initiative. If this initiative is to be placed on the ballot, Legislative Council Staff will prepare new estimates as part of a fiscal impact statement, which includes an abstract of that information. All fiscal impact statements are available at www.ColoradoBlueBook.com and the abstract will be included in the ballot information booklet that is prepared for the initiative.