HB24-1107, Developer-backed bill to be heard before Senate Judiciary Committee. Speak up or lose our 1st Amendment Rights to Appeal Local Residential Development Decisions.

On Wednesday, April 17th, 2024 at 1:30pm, the Senate Judiciary Committee is hearing

HB24-1107, Developers Rule Bill, to take away our constitutional rights to appeal local land use decisions. Please sign up to make a 2 minute comment opposing HB24-1107. Send in an email or place a call to the Senate Judiciary Committee members objecting. Their contact information is:

SENATE JUDICIARY COMMITTEE MEMBERS

Democrats

Chairwoman Julie Gonzales 303-866-4862 julie.gonzales.senate@coleg.gov

Vice Chair Dylan Roberts 303-866-4871 dylan.roberts.senate@coleg.gov

Dafna Michaelson Jenet 303-866-4857 dafna.michaelson.jenet.senate@coleg.gov

Republicans

Kevin Van Winkle 303-866-4881 kevin.vanwinkle.senate@coleg.gov

Bob Gardner 303-866-4880 bob.gardner.senate@coleg.gov

Send an email opposing this developer power grab. Please copy CCC and the press for transparency:

TO: tony.exum.senate@coleg.gov , byron.pelton.senate@coleg.gov , faith.winter.senate@coleg.gov , julie.gonzales.senate@coleg.gov , rod.pelton.senate@coleg.gov , sonya.jaquez.lewis.senate@coleg.gov , janice.rich.senate@coleg.gov , joann.ginal.senate@coleg.gov , mark.baisley.senate@coleg.gov , jeff.bridges.senate@coleg.gov , janet.buckner.senate@coleg.gov , james.coleman.senate@coleg.gov , lisa.cutter.senate@coleg.gov , jessie.danielson.senate@coleg.gov , Stephen.fenberg.senate@coleg.gov , Rhonda.fields.senate@coleg.gov , bob.gardner.senate@coleg.gov , chris.hansen.senate@coleg.gov , nick.hinrichsen.senate@coleg.gov , Barbara.kirkmeyer.senate@coleg.gov , chris.kolker.senate@coleg.gov , larry.liston.senate@coleg.gov , paul.lundeen.senate@coleg.gov , Janice.marchman.senate@coleg.gov , dafna.michaelson.jenet.senate@coleg.gov , kyle.mullica.senate@coleg.gov , kevin.priola.senate@coleg.gov , dylan.roberts.senate@coleg.gov , Robert.rodriguez.senate@coleg.gov , cleave.simpson.senate@coleg.gov , jim.smallwood.senate@coleg.gov , tom.sullivan.senate@coleg.gov , kevin.vanwinkle.senate@coleg.gov , perry.will.senate@coleg.gov , Rachel.zenzinger.senate@coleg.gov

CC: coloradocommunitycoalition@gmail.com, jim.carlton@wsj.com, jesse@coloradosun.com, newsroom@coloradosun.com, newsroom@denverpost.com, news@cpr.org, news@krcc.org, news@krdo.com, news@kktv.com, news@koaa.com, tips@thefp.com, breeanna.jent@gazette.com, news@fox21news.com, newstips@denver7.com, contact7@denver7.com, newstips@9news.com, tips@kdvr.com

Subject: HB24-1107 is unconstitutional and anti-equity. Dismiss this bill now.

Dear Senate Judiciary Committee & Senators, I object to HB24-1107 for the following reasons:

• Government needs guardrails. Rule 106 is the only way to hold local officials accountable when a land-use decision violates the law.

• Citizens have a First Amendment right to redress of grievances. HB1107 as currently drafted effectively takes away that right.

• HB1107 is not a housing bill. It’s a process bill that, as drafted, removes the only guardrail against government overreach in zoning decisions.

• Only 6 appeals covered under HB1107 are filed each year across all of Colorado.

• There should be no frivolous appeals, but that's not what the bill does in its current form. Our courts already have a mechanism to handle frivolous appeals today.

• Frivolous appeals are not stopping affordable housing from being built.

• Appeals are very expensive to file. Community groups have plenty of skin in the game. This discriminates against low-middle income citizens. It's anti-equity.

• What you are deciding is whether there should be any oversight whatsoever of local land-use decisions.

• What is the problem this bill is trying to solve? Only six appeals are filed each year and state statutes already require judges to award attorney fees for frivolous appeals.

• Proponents are trying to position Rule 106 appeals as being outside of the planning review process. The fact is that Rule 106 appeals are a critical piece of the review process. Take it away and our local governments can ignore its own rules with impunity.

• Rule 106 is the only way to challenge a decision made illegally by a local government. If you take away Rule 106 and something is approved improperly, nothing can be done. The illegal approval stands.

• The proponents have been very clear that the purpose of HB1107 is to make all appeals financially prohibitive for community groups.

• Rule 106 appeals have not been weaponized. They are being used for their intended purpose as a guardrail against government overreach.

Please protect the constitutional rights of ALL Coloradans not just the wealthy elite to appeal our local government in land use decisions that harm the people. HB24-1107 discriminates against marginalized communities the most. Vote no to this frivolous, developer-backed bill.

Thank you,

Insert Name & City

Instructions to sign-in for comment on Wednesday, April 17th, 2024 at 1:30pm. Click this link and follow the below instructions:

https://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/signIn.xsp

Are your constitutional rights worth the price of a cup of coffee? CCC has spent considerable resources and money fighting many of the extreme density land use bills and constitutional rights infringement bills. Please take the seconds it takes to help by donating the price of a cup of coffee to help us finish strong. The power of this statewide coalition is that if many of us give, we can achieve great things will little expense to each of us.

Give here.

CCC has added an amendment to try and improve this bill. Read about it here.