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Robertson v. City and County of Denver5/2/1994
--> ("In matters of purely statewide concern, and in the absence of a grant to the city of specific power by the constitution or by state statutes, the General Assembly is free to adopt legislation, and the city is without power to act at all.").
The basis of the prohibition on local action in matters affecting the entire state is that uniformity of regulation is advantageous:
The central inquiry implicit in the concept of pre-emption is whether there should be statewide uniformity in the regulation of specific conduct. If there is no need for statewide uniformity, there is no need for state law to preempt local power to regulate. . . . This is the core of the preemption question--to consider, on the one hand, the need for statewide uniformity of regulation of a specific type of conduct, and, on the other hand, the need of local governments to be able to respond to local, as distinguished from statewide, problems.
Daniel R. Mandelker & Dawn C. Netsch, State and Local Government in a Federal System 237 (1977); see also Osborne M. Reynolds, Local Government Law 120 (1982) (stating that the critical inquiry in the context of state preemption of local law is: "Is this an area where it is desirable to have a single, all-encompassing scheme of regulation, so that local laws--not just local laws that conflict with the state's, but any local laws--would unduly complicate the picture?"); Charles S. Rhyne, The Law of Local Government Operations § 19.11 (recognizing that preemption rooted in the necessity of statewide uniformity of regulation).
The determination of whether a matter is of statewide concern is not subject to a strict legal standard; instead, we have made such determinations on an ad hoc basis, taking into account the facts of each case. Denver & Rio Grande Western R.R. Co. v. City & County of Denver, 673 P.2d 354, 358 (Colo. 1983). In City & County of Denver v. State, 788 P.2d 764, 767 (Colo. 1990), we stated:
Although we have found it useful to employ the "local," "mixed," and "state-wide" categories in resolving conflicts between local and state legislation, these legal categories should not be mistaken for mutually exclusive or factually prefect description of the relevant interests of the state and local governments. Those affairs which are municipal, mixed or of statewide concern often imperceptibly merge.
The best determinate of what is a statewide concern is our prior decisions.
We have held that regulation is solely a matter of statewide concern in a broad range of factual circumstances. See City of Colorado Springs v. Industrial Comm'n, 749 P.2d 412 (Colo. 1988) (unemployment compensation); Century Elec. Serv. & Repair, Inc. v. Stone, 193 Colo. 181, 564 P.2d 953 (1977) (licensure of electricians); City & County of Denver v. Public Utilities Comm'n, 181 Colo. 38, 507 P.2d 871 (1973) (rates of privately owned public utilities inside a municipality); City & County of Denver v. Thomas, 176 Colo. 483, 491 P.2d 573 (1971) (workmen's compensation); Public Utilities Comm'n v. Durango, 171 Colo. 553, 469 P.2d 131 (1970) (rates of municipally-owned public utility outside municipality); Kelly v. City of Fort Collins, 163 Colo. 520, 431 P.2d 785 (1967) (liquor regulation); Denver v. Sweet, 138 Colo. 41, 329 P.2d 441 (1958) (income tax); City of Canon City v. Merris, 137 Colo. 169,
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