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HomeMy WebLinkAboutR17-060 Ballot Question Regarding Marijuana Sales and Excise Tax Commissioner 0,Priasv moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2017- 0(Q 0 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE REGISTERED, QUALIFIED ELECTORS OF EAGLE COUNTY, COLORADO,A QUESTION AUTHORIZING THE LEVY OF BOTH A SALES AND EXCISE TAX OF UP TO 5% ON THE SALE AND CULTIVATION OF RETAIL MARIJUANA FOR THE PURPOSE OF FUNDING MENTAL HEALTH, SUBSTANCE ABUSE SERVICES,AND OTHER COMMUNITY NEEDS, SAID QUESTION TO BE SUBMITTED AT THE ELECTION TO BE HELD NOVEMBER 7,2017; PRESCRIBING THE FORM OF BALLOT QUESTION FOR SUBMISSION AT SAID ELECTION,AND PROVIDING FOR CERTIFICATION OF THE ELECTION QUESTION TO THE COUNTY CLERK AND RECORDER. WHEREAS, Eagle County has faced a persistent problem of having no treatment facilities or funding for mental health and substance abuse issues,which affect one in four people in any given year; and WHEREAS, for those in Eagle County needing mental health or substance abuse services the closest existing facilities are located in Grand Junction and Frisco; and WHEREAS,mental health and substance abuse issues that remain unresolved in Eagle County include: • Lack of a long-term plan for county residents experiencing mental health or substance abuse crises. • Lack of funding for a mental health professional at the county jail. Fifty percent of people receiving their first formalized mental health treatment do so while incarcerated. • Lack of mental health and substance abuse facilities in the County. • Lack of sufficient screening, early identification and treatment for children affected by behavioral health issues. • Lack of programs to remove the stigma from mental health issues that cause people suffering from them to delay seeking treatment; and WHEREAS,behavioral health services -those that address mental health and substance abuse - are poorly funded in Colorado and Eagle County Government receives no state or federal funding for these services; and WHEREAS, the growth of the marijuana industry has created an opportunity to help resolve that funding and treatment problem; and WHEREAS,pursuant to Sections 30-11-107(1)(d), 29-2-114, and 29-2-115, C.R.S., the Eagle County Board of County Commissioners (hereinafter"Board") is authorized to apportion and order the levying of taxes as provided by law; and WHEREAS,the Board wishes to submit to the registered, qualified electors of Eagle County, at the general election to be held on November 7, 2017 (the"Election"), a question authorizing a retail marijuana sales and excise tax of up to 5% each for the purpose of funding mental health and substance abuse services in Eagle County; and WHEREAS,the first $1.2 million of all such taxes collected shall be used for the funding of mental health and substance abuse services with any excess being retained in the County's General Fund for reinvestment in other community needs; and WHEREAS,in order to help the marijuana industry absorb the proposed taxes, the collection rate will be set at 2.5% in 2018 and will increase .5% each year thereafter until the 5% limit is achieved, thereby providing 6 years to phase in the new tax rate; and WHEREAS,if approved, a significant portion of the resulting tax revenue- $1.2 million dedicated minimum- would be immediately used to create programs for prevention of mental illness and treatment of substance abuse issues; and WHEREAS, longer term the vision calls for creation of an in-county facility; and WHEREAS, such dedicated dollars will only be spent following a recommendation from a community advisory board consisting of those with expertise in behavioral health services; and WHEREAS,recent polling shows that seventy-eight percent(78%) of voters indicated they would support the taxation of retail marijuana to fund mental health and substance abuse services; and WHEREAS,Article X, Section 20 of the Colorado Constitution requires voter approval for, among other things, any new tax, tax rate increase, and for collecting, retaining and expending certain moneys above established limits; and WHEREAS,this election shall be conducted by the Eagle County Clerk and Recorder in accordance with the"Uniform Election Code of 1992,"Articles 1 to 13 of Title 1, C.R.S. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. Certification of Question to Clerk and Recorder for Election. The following question is hereby certified to the Eagle County Clerk and Recorder and shall be presented at the election to be held on Tuesday,November 7, 2017. Notices required by Article X, Section 20 of the Colorado Constitution shall be provided by the Clerk and Recorder. Section 2. Form of Ballot Question. At the Election there shall be submitted to a vote of the registered qualified electors of the County the following title and question: "lA - FUNDING TO SUPPORT MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES IN EAGLE COUNTY THROUGH THE TAXATION OF RETAIL MARIJUANA. SHALL EAGLE COUNTY TAXES BE INCREASED BY AN ESTIMATED $1,200,000 IN THE FIRST FULL FISCAL YEAR, BEGINNING JANUARY 1, 2018, AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER, WITH THE FIRST $1,200,000 RAISED EACH YEAR GOING TO FUND MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES, BY IMPOSING A TAX OF UP TO 5% IN 2018 ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, AND AN EXCISE TAX OF UP TO 5% IN 2018 OF THE AVERAGE MARKET RATE OR OTHER CALCULATION METHOD ALLOWED BY LAW OF UNPROCESSED RETAIL MARIJUANA UPON THE FIRST SALE OR TRANSFER BY A RETAIL MARIJUANA CULTIVATION FACILITY; AND SHALL THE RESULTING REVENUE BE ALLOWED TO BE COLLECTED AND SPENT BY THE COUNTY NOTWITHSTANDING ANY OTHER LIMITATIONS PROVIDED BY LAW? YES/FOR NO/AGAINST" Section 3. Severability. If any part, section,paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause, or provision shall not affect the remaining sections,paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. Section 4. Actions. The officers and employees of Eagle County are authorized and directed to take all actions necessary or appropriate to effectuate the provisions of this Resolution. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the F.1`L day of September, 2017. ipG1.E cob COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: . * BOARD OF COUNTY COMMISSIONERS By: er is the Board of Jil ' n Ryan ounty Commissioners Ch.'r t 4 01 Kathy C ¶i dler-Henry Commissioner fr) ra/U anne McQueeneyc -- Commissioner Commissioner W►c:t ut.�aL' , seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan A-t.M Commissioner Chandler-Henry • Commissioner McQueeney w This Resolution passed by I D vote of the Board of County Commissioners of the County of Eagle, State of Colorado