What types of local matters might Home Rule impact?
Finance and Taxation
1. Broader and more flexible taxing powers, including:
- The ability to collect, administer, and enforce sales and use taxes.*
- The ability to determine what transactions are subject to or exempt from sales and use taxes.
- The ability to establish procedures for the adoption, amendment, increase, or decrease of taxes.
- Authority to levy taxes not available to statutory municipalities, such as lodging taxes, admissions taxes, and other excise taxes.
- The ability to provide property tax increase limits different from those provided for in the statutes.
*If the Town expands sales and use tax bases, then we would potentially have to self-collect. The State does not collect use tax, so if voters approved a use tax, the Town would need to self-collect.. Self-collecting taxes could require expanding the Town’s Finance Department.
2. Within limits, establish a tax base that is not uniform with the State of Colorado tax base (numerous home rule municipalities have a broader tax base, with fewer tax exemptions).
Examples include:
- Business/consumer use tax (owed on the business purchase of assets, equipment and supplies where sales taxes have not been paid)
- Pollution tax
- Tax on manufacturers equipment
- Computer software
- Interstate telecommunications
- Taxes due on the tangible personal property included in the purchase of an existing business within Erie
- Occupational privilege tax (employment head tax)
- Maintenance services (copier or medical equipment maintenance service agreement where parts/equipment replacement could be taxed)
3. Simplify or otherwise revise procedures for budget and appropriation adoption, amendment, and transfer of funds.
4. Establish maximum debt limitations.
5. Establish limitations for the repayment of municipal bonds.
Land Use
1. Have greater control over zoning issues.
- Including restriction or elimination of nonconforming uses, permitting, sign codes, and basic zone district regulations. (Note: These would still be subject to constitutional limits.)
2. Modify the composition and powers of the Planning Commission and Board of Adjustment.
Elections
1. Establish procedures and dates for municipal elections differing from those established by State statute, including such matters as regular and special election dates and the dates when elected officials will take office.
2. Modify local procedures for initiative, referendum, and recall.
3. Modify procedures for filling vacancies in elected offices.
4. Specify a minimum age for elected officials or other requirements.
Administration/Governance
1. Determine the form of government and administrative structure, including:
- The size of the governing body.
- The powers of elected and appointed officials.
- The terms of office of elected officials and whether they are elected from districts or at-large.
- Set term limits for elected and appointed officials.
- Establish ethics, gift, and conflict-of-interest requirements for elected and appointed officials.
- Set local campaign spending and disclosure requirements.
- Determine quorum and voting requirements.
- The manner of filling vacancies.
- The respective powers of elected and appointed officials, boards and commissions, and staff.
2. Establish procedures for the adoption of ordinances and resolutions; determining:
- Whether actions need be taken by ordinance, resolution, or motion.
- Procedures for notice, hearing, publication, or posting of ordinances.
- Publishing ordinances by title only.
- Determination of the effective date of ordinances.
3. Modify procedures pertaining to regular and special meetings and executive sessions.
4. Expand the jurisdiction of municipal courts (e.g. increased nuisance abatement authority).
5. Establish procedures for the sale or disposal of public property and the awarding of contracts.
6. Determine the qualifications of municipal officers and employees.
7. Establish maximum terms for public utility franchises.