Some ‘did-you-knows’ about estate plans

If you’ve done any estate planning, or even if you’re just familiar with it, you probably know the basics — that is, a comprehensive estate plan can help you pass on assets to your family while also achieving other goals, such as designating someone to take care of your affairs if you become unable to do so. But you may not know about some other estate-planning issues that could prove important in your life:

• Power of attorney for students –Children heading off to college may be considered legal adults in many states. Consequently, you, as a parent, may not have any control over medical treatment if your child faces a sudden, serious illness or is involved in an accident. Instead, a doctor who doesn’t know your child or your family may decide on a course of action of which you might not approve. To help prevent this, you may want to have your college student sign a medical power of attorney form, which will allow you to make decisions on your child’s behalf if doctors don’t think your child can make those choices. You might also want to combine the medical power of attorney with an advance health care directive or living will, which lets you specify actions you do or don’t want to happen. In any case, consult with your legal advisor before taking any of these steps.

• Community property versus common law – Not all states treat married couples’ possessions equally. If you live in a community property state, the property you acquire during your marriage is generally considered to be owned in equal halves by each spouse, with some exceptions. But if you live in a common law state, the property you obtain while you’re married is not automatically owned by both spouses. In these states, if you buy some property, you own it, unless you decide to put it in the name of yourself and your spouse.

This doesn’t necessarily mean, however, that your spouse has no rights, because common law states typically have rules that guard surviving spouses from being disinherited. But here’s the key point: If you move from a community property state to a common law state, or vice versa, you might not want to assume that your and your spouse’s property ownership situations will remain the same. Consequently, if you do move, you may want to consult an estate-planning attorney in your new state to determine where you stand.

• Pet trusts – You always strive to take good care of your pets. But what might happen to them if you become incapacitated in some way? Unless you have a close family member or friend who’s willing to take over care for your pet, you might want to consider setting up a pet trust, which can take effect either during your lifetime or after you pass away. A trustee typically will make payments to the caregiver you’ve designated for your pet, with payments continuing for the pet’s lifetime or a set number of years. Again, an estate-planning attorney can help you with this arrangement.

Estate planning certainly involves the big-picture issue of leaving a legacy to the next generation. But the issues we’ve discussed can also be meaningful to you, so you’ll want to address them properly.

This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.

Edward Jones, Member SIPC

Natelson: Consequences of Colorado’s Plastic Bag Tax Rolling In

By Rob Natelson, Complete Colorado Page 2

“I’ve seen three [baskets] go out just this morning. I know there’s more.” – Checker at a Wheat Ridge King Soopers

The (supposedly) unintended consequences from Colorado’s anti-plastic bag law keep rolling in. In my last column on this subject, I reported how the law requires retailers to deposit part of the “tax on sacks” in non-existent accounts.

The latest is that grocery store customers, frustrated at having to pay a tax for formerly-free bags, are stealing small plastic baskets at an alarming rate.

“[The baskets] started disappearing about a month ago,” a checker in a Lakewood store told me. “We don’t have any, anymore.”

I’ve seen three go out just this morning,” a checker at another store remarked. “I know there’s more.”

Without free paper bags, people use the baskets to carry out items to their cars, and then just drive away, carrying the baskets with them.

Theft? Sure it is. But anyone who knows beans about government is aware that poorly-crafted regulations can encourage citizen dishonesty—as well as other bad consequences.

As a matter of common sense, Colorado’s lawmakers should have known that.

However, they didn’t even have to apply common sense. Colorado’s “tax on sacks”— which the “progressive” majority passed in violation of at least two parts of the state Constitution—became effective on Jan. 1, 2023. And there already had been massmedia reports of bad consequences from a similar New Jersey law.

For example, on Aug. 30, 2022, a New Jersey USA Today affiliate reported that, “Grocery store customers are walking off with those plastic hand baskets you find in the supermarket, an apparent consequence to New Jersey’s plastic bag ban that went into effect this past spring.”

The story quoted a grocery store CEO as stating, “[The baskets] are just disappearing . . . . I may actually have to just do away with them soon, can’t afford to keep replacing them.”

On Sept. 16, Commentary Magazine featured a similar story.

Bad environmental consequences

Then there are other unintended (?) consequences as well.

Years before Colorado’s bag law became effective, there were multiple reports that—just as I suggested in an earlier column—banning plastic bags flunks even the Left’s own environmentalist criteria. Most of these reports come from mainstream or other left-wing media sources.

In 2018 the World Resources Institute stated that:

“disposable plastic bags require fewer resources (land, water, CO2 emissions, etc.) to produce than paper, cotton or reusable plastic bags—by a wide margin. For example, Denmark’s Ministry of Environment and Food found that you would need to reuse a paper bag at least 43 times for its per-use environmental impacts to be equal to or less than that of a typical disposable plastic bag used one time.”

And while a 2020 ABC News story put the facts near the bottom, those facts were devastating. Here’s an excerpt:

“A 2017 study conducted by Recyc-Québec, a government recycling agency in Canada, looked at the life cycles of different disposable bags used within the province… Though conventional plastic bags tend to have higher environmental impacts when released into the environment, when compared to alternatives (such as compostable bioplastic, paper, thick plastic, and oxo-degradable plastic bags), they appear to have the least overall environmental impact (except as litter)…Because of its thinness and lightness, being designed for a single use, its life cycle requires little material and energy,” the report says. “In addition, it avoids the production of garbage bags since it is commonly used for this function as well.”

The Commentary article added that, “banning disposable bags necessitates the proliferation of non-disposable bags. Reusable bags require more material to make and involve more energy in their production.”

Filthy “reusable” bags can’t be recycled

More stunning was the news that “Quite unlike disposable plastic bags, the reusable sort isn’t even recyclable.” As the Commentary article explains, according to the New Jersey law (and the Colorado law), to qualify as “reusable,” a bag must have handles. And recyclers are “not equipped to manually or optically separate out reusable bags, and most likely the handles will cause the sorters to jam.”

All more evidence that “progressive” Colorado policy is not so much about progress as about forcing us to join the Third World.

A reminder: You can avoid the plastic bag tax by purchasing your own plastic bags— at a fraction of the cost—on the internet. Inform retailers that they can avoid the law by offering free plastic bags at locations in their stores away from the “point of sale”— i.e., away from the cash register.

Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015).

Crafting and Games at Teen Night Out April 21

Registration required for session from 4:30 to 6:30 p.m.

The next Teen Night Out at the Library on Friday, April 21, will feature crafts and games for fun and relaxation.

Meet us at the library from 4:30 to 6:30 p.m. for crafting projects like rice heating pads and sensory bottles, along with games.

This time of year can be stressful with testing and end of year activities. Join us for some fun and relaxation! Bring a friend, play a game, and make some crafts. Snacks provided.

This program requires registration. For more information and to register, contact Angie Hoke at (970) 542-4008 or angela.hoke@cityoffortmorgan.com.

LIKE US ON FACEBOOK! www.facebook.com/cityoffortmorgan

Lawmakers may limit local land-use directives to promote housing density. Also on the docket: rent control, eviction limitations and transit-oriented development.

by Elliott Wenzler, The Colorado Sun

After decades of tossing around the idea of the state stepping into local land use decisions as a way to combat rising home prices, the Colorado legislature is vowing to take meaningful action on the concept this year. But not without pushback from the people whose power they may overstep.

Cities and towns are grappling with ways to protect local control as some of their power to make zoning decisions seems to be on the chopping block.

“We do need help from the state, but not through changes to land use regulations,” Breckenridge Mayor Eric Mamula wrote in a letter to the governor. “What would help us create more units is funds.”

While few pieces of legislation have been introduced so far, Democrats are hinting they will bring bills that could reshape housing policy across the state by dangling incentives to encourage transit-oriented development, making it easier to build accessory dwelling units and removing other barriers imposed by local governments, such as minimum parking requirements.

“This is far beyond just a local problem,” Gov. Jared Polis said in his State of the State address last month in which he used the word “housing” more than three dozen times. “We have to break down government barriers, expand private property rights and reduce regulations to actually construct more housing to provide housing options at a lower cost so that all Coloradans can thrive.”

Whether a plot of land is developed into a few dozen single-family homes or hundreds of apartments can turn on how the land has been zoned by a local government. Those decisions by elected officials impact the number of homes and apartments available for generations and often, they face massive pressure from their constituents to block developments that would increase density.

Polis and Democratic leaders at the Capitol say now is the time to take a hard look at Colorado’s statewide land-use rules, which haven’t changed since about 1974 when Colorado’s population was 2.2 million. As of the 2022 census, there were about 5.8 million people living in the state.

“Pretty soon, if we don’t take this on with some sort of speed, we’re gonna wake up and it’s gonna be too late to make some of these changes,” said Senate President Steve Fenberg, a Boulder Democrat.

But the Democratic governor may be at odds with Democrats in the legislature over how to ease the housing crisis. Polis has already said he’s “skeptical” about a proposal that would allow local governments to enact rent control policies, telegraphing that he’s likely to veto the measure if it makes it to his desk.

The debates around housing may prove to be a testing ground for how Colorado politics, now filled with more Democrats than ever, will proceed into the future.

Pretty soon, if we don’t take this on with some sort of speed, we’re gonna wake up and it’s gonna be too late to make some of these changes.

— Senate President Steve Fenberg, Boulder Democrat Cities and towns react

The discussion regarding land use comes as the median single-family home price in Colorado has more than doubled to about $530,000 since 2010, according to a study released by the Colorado Association of Realtors in December. That’s led to workforce shortages in the high country and made homeownership unattainable for many in the Denver metro area.

Average monthly rent, meanwhile, is 6.5% higher in the metro area than a year ago and 23.4% higher than two years ago, according to the Apartment Association of Denver. Statewide, overall monthly rents are up 20.3% in the past two years, according to Apartment List.

“We really need to have this very important land-use discussion now, because after the fact is super late,” Polis told a group of business leaders at a luncheon last month. “It’s not something that fixes every problem we have tomorrow, but it fundamentally means in three years or five years, there will be more housing people can have close to where jobs are, which means less time commuting, less traffic on our roads.”

Democrats are debating several issues among themselves, including whether to give homeowners carte blanche to build accessory dwelling units, sometimes called ADUs or granny flats, with greater ease. In Denver, for instance, ADUs may be built only in certain zoning districts and the size of the structure is governed by lot size. The units must meet several other requirements related to things like appearance and accessibility.

There is also talk of changing parking requirements for developments and banning local growth caps, or restrictions on how much development can occur in a municipality or county over a certain time period.

Colorado has historically been a state where such land use and zoning decisions are determined at the local level, so city and county officials are nervous about what may be coming from the legislature.

“This is going to be major,” said Claire Levy, a Boulder County Commissioner. “It’s a major shift in policy for the state of Colorado.”

Steel Structures of America’s John Hochstetler works in spring of 2021 to rebuild a home in Grand Lake lost in the East Troublesome fire. (Hugh Carey, The Colorado Sun)

Levy, who also served seven years in the Colorado House, said she’s generally open to ideas from the legislature on how to address housing, but she’s concerned about the state mandating density without considering infrastructure and water needs. That’s a common refrain among local leaders and advocates opposed to the idea of the legislature interfering with zoning decisions.

Boulder’s city council Thursday voted 5 to 3 to support certain bills expected to be introduced by the legislature, including reducing the barriers for ADU’s, minimum housing density standards around transit, reduced parking requirements and conducting regional housing assessments.

When explaining why he recommended the change in policy, Carl Castillo, Boulder’s chief policy advisor, said the measures are likely to happen and by showing support, the city can help shape them.

“If the city wants to have influence in being able to affect the language of the bill, one of the best ways to do it is to communicate to the governor’s office, to the sponsors at the legislature that we are conceptually on board but we need to make sure our interests are protected,” he said.

Lakewood Mayor Adam Paul said he’s torn over some possible policies, such a ban on growth caps like the one approved in his city in 2019. That ordinance limits growth of residential units in the city to no more than 1% of the total housing stock per year.

This is going to be major. It’s a major shift in policy for the state of Colorado.

— Claire Levy, Boulder County Commissioner

“I was opposed to our antigrowth initiatives. I think they’re a disaster,” he said. “There’s potential legislation that looks at making (it) so that can’t happen in the future. In some ways, I think that’s good policy. But on the other side, that’s truly going against local control.”

Wheat Ridge Mayor Bud Starker said he agrees with the governor’s goal of addressing housing needs but is hoping there’s room for discussion around the methods. “I don’t think it’s necessary for the state to start dictating land use regulations in order to achieve a more affordable Colorado.”

But Fenberg said any forthcoming land use legislation won’t strip local governments of all of their control.

“The state’s not going to be involved in permitting,” he said. “The state’s not going to be involved in approving projects. That still is a local issue, and I don’t think (that) ever is going to change. It’s really about, ‘What does a property owner have the right to develop?’”

Local control over the years

The debate over the state’s role in land use isn’t a new one. As Sam Mamet, longtime executive director of the Colorado Municipal League, puts it: “It’s always been there.” Mamet, now retired from the position, worked for the nonprofit that represents the interests of towns and cities across the state for 40 years with the final 14 years as its leader. While the debate was consistent throughout his time working at the Capitol, Mamet has seen few examples of the state actually taking such action to override local governments.

Why?

“Because It’s complicated and complex,” he said. “And there’s never a guarantee that any amount of law that’s passed or put on the books is going to address a problem.”

It’s also because past leaders in the state have worked together with local governments on these issues, said Kevin Bommer, the current leader of the Colorado Municipal League.

Bommer wants to ensure that the legislature understands that many of the initiatives being discussed have already been enacted in numerous cities and towns.

“It could get adversarial, but I hope it doesn’t,” he said. “I think there’s room here to work on and identify what the common goals are and then start navigating what’s the best way to achieve them working together.”

Colorado Democrats are turning 2023 into the year of housing. But should the state wade into local land decisions? continued from page 12

Though Republicans lack political influence at the Capitol, they, too, are concerned about the state getting involved in local decision-making around housing.

“Every time the government gets involved, it just increases the price of housing,” said Sen. Barbara Kirkmeyer, R-Brighton. “If we’re trying to get to that American dream, that’s everybody’s dream that they want to own their own home, then we should be thinking of ways to make housing more attainable for people and increasing regulations based on what you think is best for everybody is not making it more attainable.”

Kirkmeyer said she’s concerned that if a certain level of density is required when developing land, some communities may choose not to build any additional housing.

Assistant House Minority Leader Rose Pugliese, a Colorado Springs Republican and former Mesa County commissioner, said she knows housing needs to be addressed.

“I just want to make sure that we are really focused on the issues that the state can affect and should affect, which are regulations and water, a whole myriad of issues,” she said. “But leave local government issues to the local government.”

Rent control and eviction limitations

Beyond those on local control, Democrats are planning to introduce dozens of bills related to housing. One of the few pieces of such legislation that has been introduced is a bill that would lift Colorado’s 1981 statewide ban on local governments enacting rent control policies.

If approved, counties and municipalities would be able to regulate how much rent in their community can increase in a given time period.

Rep. Javier Mabrey, a Denver Democrat, is a prime sponsor on the bill, along with Rep. Elizabeth Velasco, D-Glenwood Springs, and Sen. Robert Rodriguez, D-Denver.

“It is really important that people have a way to build intergenerational wealth through homeownership,” Mabrey said. “However, if you are not stable as a renter, you will never be able to buy a place.”

Fenberg believes communities should have the right to make their own decisions about rent control, but said he’s not sure if House Bill 1115 has the votes to pass both chambers.

“I genuinely don’t know if it’s a bill that’s going to pass this year,” he said. “I think some Democrats will support it and some will oppose it. And I’m not sure where it comes down yet.”

Even if the bill does pass the legislature, the governor appears unlikely to sign it into law. Polis has been vocal about his opposition to the concept in the past, going so far as to threaten to veto a bill that would have capped rent for mobile park residents last year. Economists have found that rent control can at times worsen affordability in cities.

Leave local government issues to the local government.

— Assistant House Minority Leader Rose Pugliese, Colorado Springs Republican and former Mesa County commissioner

“Gov. Polis is skeptical that rent control will create more housing stock, and locations with these policies often have the unintended consequences of higher rent,” Conor Cahill, a spokesman for the governor, said of House Bill 1115.

Mabrey also recently introduced House Bill 1171, which would limit when a landlord can evict a tenant. The legislation would restrict the reasons a landlord could evict a tenant to include failure to pay rent, illegal activity, violating a lease or creating a nuisance for other tenants.

The goal of the bill is to prevent tenants from being displaced from housing without specific cause, Mabrey said. One example of what the legislation is aimed at stopping is a landlord who chooses not to renew a lease and eventually evicts a tenant based on things such as race or gender or in retaliation for complaints.

“We believe that tenants in good standing, who aren’t breaking the rules, who are on time with their rent, shouldn’t be removed without cause,” he said.

Other housing bills that have been introduced include Senate Bill 1, which would dedicate about $13 million to develop workforce housing on vacant state land, including $2 million for a parcel near Vail. There’s also House Bill 1095, which would outlaw certain technical provisions in rental agreements, such as prohibiting tenants from joining class action lawsuits.

Polis, Fenberg and Senate Majority Leader Dominick Moreno, D-Commerce City, have all expressed support for the concept, though the details remain in flux.

Paul, Lakewood’s mayor, said the idea makes sense but voiced concerns about how it would play out.

“You also need a functioning transit agency, right?” Paul said “I don’t think you can really start getting rid of cars in some areas, without having a bona fide alternative.”

While many specific policies haven’t yet solidified, conversations are ongoing, Fenberg said.

“There’s been a lot of work behind the scenes and a lot of conversations with cities, counties, the governor’s office, environmental groups,” Fenberg said. “I think we fully suspect some big policies still to be introduced.”

Colorado Sun staff writers Jesse Paul and Tamara Chuang contributed to this report.

The Colorado Sun is a reader-supported news organization that covers Colorado people, places and issues. To sign up for free newsletters, subscribe or learn more, visit ColoradoSun.com

New homes under construction near the Montaine neighborhood in Castle Rock in October 2022. (Olivia Sun, The Colorado Sun via Report for America)

Rep. Andrew Boesenecker, D-Fort Collins, is also sponsoring a bill expected to be introduced shortly that would create a right of first refusal for local governments trying to add long-term affordable housing. Under the proposal, the government would have the right to match any acceptable offer for a multifamily housing unit and purchase the property. They would then be required to set rental payments based on area median income in a given region.

There are also ongoing discussions on a long-term solution to keeping property taxes — which impact housing affordability — from skyrocketing.

Transit-oriented development

Aproposal coming from Democrats that’s likely to have more support — including from the governor — is one that would encourage or require housing density development along transit corridors.