Tuesday, October 16, 2018

2018 MID TERM BALLOT MEASURES -- A PERSONAL ANALYSIS


2018 COLORADO MID TERM ELECTION MEASURES

First, I LOATHE that Colorado makes laws REGULARLY through Constitutional Amendment.  It is a dumb way to operate and our constitution is WAY TO EASY to amend.  But at the same time it is too hard to amend to fix little unintended consequences of the last election’s constitutional amendment.  An amendment campaign for a little “tweak” costs too much to do for that little “tweak” so we learn to live with it – and it SUCKS!  I wish we did make law this way, but we do…  Here are my takes on this year’s midterm ballot. I have to give a huge nod to Ross Kaminsky for his posted analysis.  I used his information as a basis of where to start – I removed a lot and added some and here is my summary.

AMENDMENT A: YES
Purpose: The Colorado Constitution currently says "There shall never be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted." Amendment A would remove everything after the first comma so the part about “punishment for a crime…” and all after that would be gone.

I am sort of on the fence on this one.  I think it will somehow affect the department of corrections and they will say that they are “slaves” if made to work for low or no wage.  The pundits say that it is just to get the word slavery out of the Constitution and remove any remote possibility of slavery in Colorado.  I think that is a STRETCH and I will be watching the ACLU on this one…  I am barely a YES because of this and might still waffle…because I what I think will happen with the Department of Corrections.

AMENDMENT V:
Purpose: To lower the minimum age to serve in the Colorado state legislature from 25 to 21.

NO, NO, NO, HELL NO!  I have met FEW 21 year olds who would be remotely qualified and frankly few 25 year olds.  Live a little LIFE first and then you can make decisions that affect me J  Until you have paid some taxes and paid your own bills for a while, I don’t trust your judgement.  Until you have actual skin in the game you don’t get to affect my skin.

AMENDMENT W: YES
Purpose: To allow county clerks to shorten the judicial retention part of ballots by asking the retention question at the top of the list of each court's judges where judges are facing retention, rather than having to repeat the entire question for each judge. So the ballot will just have a single retention question at the top of the judges and the judges will be listed. 

Right now they have to print out the whole retention question for EACH judge.  The current method is dumb, lengthy and it will save tax-payer dollars to have shorter ballots. Easy-peasy.

AMENDMENT X: YES
Purpose: To remove the definition of "industrial hemp" from the state Constitution so that it will be defined either by federal law or by Colorado statute. This is a good idea because ANY TIME a definition is in the constitution it is totally inflexible.  Researchers are finding that slightly higher THC is needed to make quality CBC (medical) products.  This doesn’t abolish the need for a clear definition, it just takes it out of the constitution.  The whole NEED for this amendment to the constitution is because something was put IN the constitution that shouldn’t have been.

AMENDMENT Y: YES
Purpose: To create an INDEPENDENT COMMISSION for the purpose of drawing Colorado's congressional district maps every 10 years, to end the political shenanigans (which are stunning and unacceptable).

This would create a 12-member commission composed of 4 members from the state's largest political party, 4 members from the state's second-largest party, and 4 unaffiliated members. "The commissioners will be chosen by a panel of the three most recently retired judges from the Colorado Supreme Court or Colorado Court of Appeals, no more than one of whom may be registered with any one political party and the panel's decisions must be unanimous." There is a bit more to it but this amendment is designed to minimize the ability of one political party to dominate or control the results.  We need to STOP THIS.  It always ends up in the courts and it always produces bad results.  Colorado has pathetic gerrymandering. This may not be perfect but it is SO MUCH BETTER THAN WHAT WE HAVE.

AMENDMENT Z: YES (THIS IS COUPLED WITH Y ABOVE)
Purpose: To create an independent commission for the purpose of drawing Colorado's state legislative maps every 10 years. This is the analog of Amendment Y but for the state legislature rather than the federal Congress. This is sort of a 2-part amendment and both need to be supported.

Amendment 73: NO (HELL NO – NOT ON A COLD OR HOT DAY IN HELL OR ANYWHERE ELSE)
Purpose: To increase income tax rates on Coloradans earning over $150,000 (whether as individuals or married filing jointly) from 4.63% to a maximum rate of 8.25%, ostensibly to support a new "Quality Public Education Fund" and to fund specified minimum expenditures on a per-pupil basis, and for specific programs such as full-day kindergarten, preschool, gifted & talented, and English language proficiency. There would be a very small drop in the residential property tax rate (from 7.2% to 7%), a drop in the commercial property tax rate (from 29% to 24%) and an increase in the corporate income tax rate from 4.63% to 6%. Those who support this claim the measure would raise $1.6 billion annually – which also means they are TAKING $1.6 BILLION dollars from US!

Colorado is not suffering from a shortage of revenue. In the Fiscal Year 2010-2011, the state's operating budget was $19.54 billion. In FY 2018-2019 the budget is $30.63 billion, an increase of 57% in less than a decade. During that same period, the state's population rose from approximately 5.03 million people to 5.68 million people, an increase of 13 percent. Spending rose more than four times faster than the population – WTF? THIS MEANS THEY ARE SPENDING OUR MONEY REALLY POORLY!! I refuse to give government more of our hard-earned paychecks UNTIL THEY CONTROL THEIR OWN SPENDING.

VERBATIM FROM ROSS KAMINSKY: Furthermore, this bill would add multiple tax brackets (as noted below) to our state's flat-tax system which is one of the aspects of Colorado law that attracts business and investment. It would also add a potentially enormous marriage penalty for successful couples. Imagine a couple where one person earns $140,000 and one earns $165,000. Under Amendment 73, that couple's tax rate would go from 4.63% to 7%. Keep in mind that with the $10,000 cap on federal deductibility of the combination of state income tax and property tax, there is (properly) nowhere to hide from state income tax hikes. And that fact is causing population to leave high-tax states...which is what Colorado will instantly become if this terrible idea passes. Add an increase in the corporate tax rate which will have an additional negative effect on economic growth and employment (despite small drops in property tax rates) and you have a proposal that will raise substantially less money than proponents suggest.

THIS IS TIED WITH PROPOSITION 112 AS BEING THE WORST MEASURE ON THE 2018 BALLOT IN COLORADO. If you do nothing else make sure you vote NO on 73. It is HORRIBLE!

AMENDMENT 74: YES.
Purpose: To amend the Colorado State Constitution to require the government to compensate landowners (or owners of other property) if the value of the land/property is reduced through the enactment of a state law or regulation.
If a government takes your land through eminent domain to put in a freeway, they have to pay your fair market value for it.  But what if you bought some agricultural land, way out for a gravel pit (this is based on a real event).  This was your investment and would pay for your grandkids' college.  The zoning when you bought it allowed for that use.  Fast forward a decade.  The local government undertakes a massive government-driven rezone of all lands like yours.  Suddenly because of that act, of which you were not a party, rezoned your investment property in such a way that gravel pits were no longer allowed.  The value of a property is based on its highest and best use.  Suddenly this valuable use is no longer available.  In a severed state like Colorado oftentimes another party owns the mineral rights below the surface.  Our example rezone strips the person who owns the mineral rights of their asset. This proposition says that if a government act, such as a massive re-zoning, devalues your property, then you would have to be compensated for that loss in value; they have affected your rights associated with your property. 

While this will create some messes, I can already see their potential, it will also cause governments to do thorough research before they undertake massive rezones. The messes are pain-in-the-ass people who will make egregious claims about their “plans” for their property (when they never had any) that they now can’t do if they are rezoned.  They will come up with some stupid story about the ONE thing they can no longer “do” on their property and will file a lawsuit and demand to be compensated with tax payer dollars for something that was never, ever really on their horizon and never within their power to actually do.

AMENDMENT 75: YES
Purpose: To amend campaign contribution limits for statewide (non-federal) candidates so that if any candidate donates or loans one million dollars or more to his/her own campaign, then the campaign contribution limits would rise to five times their then-current level.

While Amendment 75 IS called "Stop Buying our Elections" by its supporters though doesn't go far enough, it's a step in the right direction. What is true is that Colorado has VERY LOW campaign contribution limits.  This seems like a GOOD thing.  BUT it has a downside – very rich people who want to run can “loan” their campaign their own money.  That is why and how the wealthy win elections here!  What this does is allow their competition to have higher campaign limits if a candidate lends his or her own campaign one million dollars or more.  Right now the max contribution for a single candidate is $1,150 and only $400 for a state legislature election.  Think about how MANY individuals would need to contribute to raise a million dollars to run against a rich opponent! Colorado’s limits are the lowest in the country – well the $1150 is the 2nd lowest and the $400 is THE lowest.  So this just gives a boost to a guy or gal who is up against wealth.  It is a drop in the bucket but it helps.

Proposition 109: YES, YES, YES!!!!!!  Also known as, “FIX OUR DAMNED ROADS!”
Purpose: To require the state government to issue $3.5 billion in bonds "with the proceeds to be spent solely on road and bridge expansion, construction, maintenance and repair" on a specified list of projects across the state, and to repay the bonds out of existing state revenue sources, i.e. without raising taxes. I repeat – this does NOT raise taxes.  To be totally honest it does utilize some of the higher taxes we will pay to the state since the federal government tax reform.  It shifted some taxes from the federal pot to the state pot.  But that is already done we might as well grab it and seriously earmark it for something we ALL NEED and not let the legislature use it for their pet programs.

Like in Amendment 73, our state government under back-to-back Democratic governors has massively increased spending, particularly with John Hickenlooper's MASSIVE Medicaid expansion after the passage of Obamacare – we have SO MUCH MORE REVENUE THAN THEY WANT TO YOU BELIEVE and they have spent it on welfare-type projects and for handouts.  At the same time they TOTALLY neglected what was needed to take care of our critical road and bridge infrastructure. Like in ANY other amendment, I am NOT GIVING THEM MORE MONEY.  They have PLENTY of MONEY and this amendment acknowledges that and earmarks it.  They need to manage money MUCH better and stop spending on things that win them elections and instead on things we all need – LIKE ROADS.  This amendment addresses very specific ROAD PROJECTS THAT SIMPLY MUST HAPPEN AND SHOULD HAVE HAPPENED DECADES AGO.

PROPOSITION 110: NO, NO, NO (THIS ONE ISN'T REALLY ALL ABOUT ROADS)
Purpose: To authorize the Colorado Dept. of Transportation to issue up to $6 billion dollars in bonds to fund "transportation" and fund the repayment of the bonds by raising the state sales and use tax from 2.9% to 3.52% for 20 years, raising an anticipated $767 million annually from Colorado shoppers.

This bill is a smoke and mirrors one.  Only a minor fraction of the revenue goes actually to ROADS.  The rest goes to local government for their pet projects and to “multi-modal” projects: busses, rail, bikes paths, etc.  I am not saying that some of those projects don’t have value but we need focused work on ROADS and nothing but ROADS.

As far as rewarding bad government, I oppose Proposition 110 for exactly the reasons that I support Proposition 109 – they have the money, the have HAD the money but instead they funded their pet projects.  UNTIL THEY SPEND MY MONEY MORE WISELY I SURE AS HELL AM NOT GIVING THEM MORE! But wait, there's more: Prop 110 would send 15 percent of the money it will spend on "multimodal transportation" to include mass transit and walking and bike paths. I need the roads fixed; I don't need to subsidize more bike paths, urban light rail or busses.  This will take money from ALL Coloradans and inject it into primarily the urban areas, once again rural Colorado gets screwed.  What it also does is hamstring local government – that is YOUR backyard.  It raises the base, state sales tax so if a local government needs to fund a local project through a local tax increase, people are less likely to vote to support it because the base sales tax is so high.  This would put the sales tax level for Brighton and a few other Cities over 10% because their local taxes are already so high.

PROPOSITION 111: NO
Purpose: To reduce the maximum allowable interest rate on short-term "payday" loans to 36% per year and bar any other fees or finance charges associated with such loans.

These are expensive but very high risk loans. But they are VOLUNTARY transactions among the borrowers and lenders which government should stay the heck out of. (Colorado already regulates rates and fees on these loans; this measure would regulate them much more aggressively.) Proposition 111 is a measure supported by do-gooder liberals who don't care if they hurt the poor as long as they can claim their intentions are good, and shady bankers with a history of preying on the poor.  This is government over-reach telling a group of people they are too dumb to make their own decisions and government injecting themselves into the private sector telling them how they can and can’t run their business.

PROPOSITION 112: NO (HELLLLLLLLL NO, NO, NO!) NO, NO and did I say NO?
Purpose: To mandate that any new oil and gas development projects, including fracking, other than those on federal lands, be at least 2,500 feet from occupied buildings (homes, schools, hospitals, etc.) and any other areas that government defines as "vulnerable" which would include almost every body of water along with parks, playgrounds, open space and an essentially unlimited range of other places.
So HERE is a HOOT!!  The Democrat dude running for Governor, Jared Polis, is now advertising that he is “opposed” to this amendment – it was in part HIS IDEA!!  He realized that he had better jump on the bandwagon but HE HELP FUND THE DAMNED THING.  You have GOT to REMEMBER that when casting a vote for Governor!  This is the sort of thing that he will promote.  Now back to this S.T.U.P.I.D. amendment…  It is being called by many the “WORST BALLOT MEASURE EVER IN COLORADO” (remember Polis funded it when you vote).  This would take nearly ALL OF WELD COUNTY (just as an example) out of oil production.  The job losses for this one are projected to exceed 100-150,000 in the first decade.  The state GDP would drop by $26 BILLION by 2030 and the losses to state and local tax revenue would exceed $1 BILLION DOLLARS A YEAR!!  This proposition would truly TUBE the state’s economy.  It would end land investment as we know it.  The cascade effect that it will have on roads, schools, and multitudes of other seemingly unrelated projects and programs would be devastating.  If this passes the negative effects will be MONUMENTAL.

SO AGAIN – NO AND HELL NO ON PROP 112!


A Girl and Her Dog

A Girl and Her Dog