Feb 15

TABOR Repeal Initiative Denied a Title

TABOR Committee members,

The TABOR Committee benefits from having two attorneys staying on top of a new threat to TABOR.  One of our Board members, Rebecca Sopkin, and our corporate attorney, Bill Banta, have been watching the developments of a proposed measure that would repeal TABOR in its entirety.  The initiated ballot issue would have to collect signatures first before going on this fall’s ballot.  The first Title-Setting Board hearing rejected the proposal because it violated the single-subject requirement.  After all, the Taxpayer’s Bill of Rights deals, among other things, with taxing limits on all levels of government, the same for spending limits, specific election requirements, notification requirements, emergency spending and state mandates.  The proponents of the measure appealed the initial single-subject ruling, asking for a rehearing.  On February 6, at the rehearing, the Title Board upheld its prior decision. Therefore, no title is presently approved for the repeal initiative.

The system is set up to move along faster than normal for any further appeals.  The proponents (Carol Hedges and Steve Briggs) may appeal directly to the Colorado Supreme Court to reverse the Title Board’s decision.  That skips hearings at the trial court level and the Appellate Court level.  There is no automated system to notify objectors (i.e., the TABOR Committee) if that appeal is filed, but our volunteers will keep monitoring for further developments.

 

 

Jan 29

Possible repeal of Taxpayer’s Bill of Rights to get rehearing

Possible repeal of Taxpayer’s Bill of Rights to get rehearing

January 28, 2019 By Sherrie Peif

DENVER — Two Denver residents behind a proposed ballot initiative to repeal the Taxpayer’s Bill of Rights (TABOR) have filed for a rehearing after the Colorado Title Board initially rejected their proposal.

On Jan. 16, the Title Board denied setting a title on an initiative that would ask voters to repeal the 26-year-old constitutional amendment that requires voter approval to increase taxes or take on new debt.  TABOR also limits the growth of a portion of the state budget to a formula of population growth plus inflation. The board said the initiative violated Colorado’s single subject rule.

Board member LeeAnn Morrill, who represented the Attorney General’s office, cited a Supreme Court decision over a 2002 proposed initiative that included a provision preventing the complete repeal of TABOR. She pointed out that the court stated in its decision: Continue reading

Jan 15

Effort launched to repeal Taxpayer’s Bill of Rights

Effort launched to repeal Taxpayer’s Bill of Rights; possible ballot issue before the Title Board

The Title Board is the first step in putting a citizen-initiated question before voters.

TABOR is a constitutional amendment that was passed by voters in 1992 that requires voter approval to increase taxes or take on new debt.  It also limits the growth of a portion of the state budget to a formula of population growth plus inflation. It has been a controversial topic since its inception, and it’s been debated in the courts numerous times.

Many Democrats say it is a threat to Colorado’s education, transportation and health care funding, while Republicans counter that it is what has allowed the Colorado economy to prosper, as well as allowing Colorado to more easily weather economic downturns than states that lack taxpayer protections such as TABOR.

Many attempts to repeal or tweak portions of the amendment have come before the Title Board. This is the first time, however, that anyone can recall where a full repeal of the amendment has been proposed.

Continue reading

Dec 28

It’s Not Too Late….

The World Happiness Report provides data and research used around the world to help shape and inform policy.

Among its findings: giving to others is good for you.  It makes you feel happy.1-8

 Since 1992, the TABOR Foundation protects the Taxpayer’s Bill of Rights.  We educate citizens on why it matters to have a vote on increased taxes and how a formula for predictable growth creates a sound economy.

We are all volunteers.

We give advice and direction to citizens working at their local level to stop TABOR violations. We assist as plaintiffs and “friends of the courts in lawsuits to stop such violations.

The biggest trick of politicians is calling a new tax a “fee” – whether it’s for plastic grocery bags, living in a special district, running a hospital, driving over a bridge, or funding a mandatory family leave program with an insurance “fee.” We’ve responded to inquiries not just in Colorado, but in states like South Dakota, Kansas, Arizona, Alaska and Florida.

Please donate:

  • Help fund our Speaker’s Bureau to educate fellow taxpayers about their rights.
  • Help produce the TABOR 101 series of policy/how-to videos.
  • Help fund the legal fees for amicus briefs.

Please donate.   You – and we – will be happy you did.

Thanks – and Happy New Year!

Your friends at the TABOR Foundation

https://www.facebook.com/coloradoTABOR/

www.theTaborFoundation.org

Continue reading

Dec 15

Nicolais: An attack on TABOR could leave Colorado Democrats feeling the squeeze

Nicolais: An attack on TABOR could leave Colorado Democrats feeling the squeeze

A court composed of mostly Hickenlooper appointees turns the governor down cold, setting up a possible legislative showdown

PUBLISHED ONDEC 9, 2018 5:55AM MST

Mario Nicolais@MarioNicolaiEsq

Special to The Colorado Sun

Before walking out the door from the governor’s office, John Hickenlooper took one last shot at a Democratic boogeyman. Last week, the Colorado Supreme Court denied Hickenlooper’s parting attempt to undercut TABOR, the conservative taxpayer’s bill of rights enshrined in the Colorado constitution.

Democrats, have long derided TABOR for the constraints it places on government. Not only does TABOR require a vote of the people to approve tax increases, but several of its provisions work in conjunction with other laws to create a “ratcheting effect” on government spending.


Mario Nicolais

If revenues drop during an economic downturn, they cannot return to prior levels as the economy rebounds. Instead, growth is artificially tied to the down year plus a pittance for inflation.

The ratchet works like boa constrictor wrapped around a person. With every breath out, the snake squeezes a little tighter and the next breathe in is a little shallower.

Eventually, no breath can be drawn, and the person dies. I’m sure it delights TABOR’s progenitor, the eccentric Douglas Bruce, to imagine the government being asphyxiated.

Democrats have a little different view; they see a snake crushing the life from Colorado citizens. Gasping for funds no longer available, state and local services wither and waste away. Continue reading

Dec 10

Voter consent on taxes and debt a vital check in Democrat-controlled Colorado

Voter consent on taxes and debt a vital check in Democrat-controlled Colorado

After the midterm elections, Colorado voters woke up to an electoral map as blue as the sky. Democrats won almost all competitive races, including every state office. They now control both houses of the state legislature. But before we permanently paint Colorado blue, we should consider the outcomes of a few statewide ballot measures.

Photo and copyright: Tony’s Takes – used by permission

In fact, Colorado voters rejected most of the thirteen ballot measures at the state level. All the ballot measures proposing increased taxes and/or debt were defeated by a wide margin, including measures to fund schools and transportation. However, citizens approved a majority of the state’s local school bond issues and funding packages.

The results of these ballot measures continue a trend that began when the Taxpayer’s Bill of Rights Amendment (TABOR) was ratified in 1992. TABOR requires voter approval for any increase in taxes or debt, and has proven to be the most effective state tax and spending limit in the country.  Since TABOR was adopted, very few state ballot measures calling for increased taxes or debt have been approved. However, at the local level the majority of these ballot measures have passed.

Continue reading

Oct 22

Ballot initiative seeks to increase taxes by $1.6 billion

Admin’s note: Vote NO on 73. It’s not “for the kids” as supporters of this TAX INCREASE say. This ballot question is a liberals spending dream and an end run around TABOR. Education already gets a funding increase every year since Amendment 23 passed in 2000. It’s too bad that student’s achievement results didn’t rise. More money does not equal better outcomes. TABOR will survive this misguided attempt.

Ballot initiative seeks to increase taxes by $1.6 billion; could end Colorado’s Taxpayer Bill of Rights

A controversial ballot initiative would raise taxes on Coloradans by $1.6 billion to increase funding for public schools if approved. Opponents argue it also would make the constitutionally protected Taxpayer Bill of Rights (TABOR) impotent.

Amendment 73, the Establish Income Tax Brackets and Raise Taxes for Education Initiative, seeks to amend the state constitution to replace Colorado’s flat rate income tax with a progressive income tax. Individuals earning more than $150,000 would be taxed more and the corporate income tax rate would increase. The revenue collected from the tax hikes would go into a newly created Quality Public Education Fund.

The state constitution requires a 55 percent supermajority vote for the initiative to become law.

“‘Take your success elsewhere’ should be the signs erected if Colorado approves Amendment 73,” Penn Pfiffner, former state legislator and chairman of the board of the TABOR Foundation, told Watchdog.org. “The Taxpayer’s Bill of Rights properly treats everyone equally, requiring the same income tax rate be applied to everyone. Currently, if you make more money, you pay more, but only at the rate that everyone else pays. This proposal would change that, bringing an attitude that the upper middle class and wealthy should be attacked and made to pay increasing amounts. It is the worst concept in raising taxes.”

A group of opponents of the measure launched a “Blank Check. Blatant Deception. Vote No on 73,” campaign, arguing the ballot language is deceptive. It tried to have the question removed after the required deadline and Colorado’s secretary of state rejected its complaint. Continue reading

Oct 19

Beware the seven county-wide property tax hike, Question 7G

Beware the seven county-wide property tax hike, Question 7G

October 19, 2018

By Karl Honegger

Almost 60% of Colorado’s population, roughly 2.8 million people, live within the seven county Urban Drainage and Flood Control District (UDFCD). If you are a voter within this district, you will see question 7G on your ballot, the first question ever referred by the district since its creation in 1969.  The ballot language asks voters to approve a $14.9 million property tax increase, and to exempt that new money from the revenue limits in the Taxpayer’s Bill of Rights (TABOR).  They deceptively claim this really isn’t a tax increase, but rather just a full restoration of their taxing authority.

If you are like me and want your community protected from flooding, and also love spending time near your local pond or stream, then why would you want to vote against such a proposal?

The answer has to do with two things, common sense and government entitlement.

Any voter with common sense would want to find out how the money is to be spent and what kind of oversight mechanisms are in place. Unfortunately, the Flood District has never held an election that allows citizens to choose their board of directors. Instead, 20 of the 22 directors of the District are politicians appointed by local city councils or county commissioners. For example, the Mayor of Broomfield was appointed to the board by Broomfield City Council.  These politicians then appoint two professional engineers to serve with the Board Continue reading

Oct 10

Debate on county TABOR ballot issue

Debate on county TABOR ballot issue

  • By CHARLES ASHBY

Mesa County Commissioner Rose Pugliese and Grand Junction resident Dennis Simpson will debate each other Wednesday on why voters should approve or reject a measure to exempt state grants the county receives from revenue limits set by the Taxpayer’s Bill of Rights.

Pugliese has said passing Ballot Issue 1A next month would give the county more flexibility in its annual budget, and allow the county to act as the fiscal agent to help nonprofits get state grants.

Simpson, however, has said the county doesn’t need to exempt that money, which amounts to about $21 million of the county’s $165 million annual budget. He said the county already has the ability to accept money on behalf of nonprofits, and if there are issues with state grant revenues coming up against the TABOR cap, the county can ask voters each time, as the constitutional amendment allows.

Under TABOR, any revenue — a fee or tax — state or local governments bring in unless otherwise exempted is subject to the amendment’s revenue cap, which limits year-over-year growth. Some of the money the state collects is given to local governments in the form of grants, money that already is counted under the state’s TABOR cap.

TABOR exempts federal money that the state and local governments receive, but it doesn’t exempt money local governments get from the state.

TABOR only specifies that pass-through money isn’t counted under a local government’s cap when that money is collected by one government and goes to another, such as property taxes collected by a county that goes directly to a city, town or school district within its boundaries. Oftentimes, state grants to nonprofit groups require those groups to use a local government to act as a fiscal agent for pass-through money, but TABOR is silent on whether that money should be counted under the TABOR cap.

According to Colorado Counties Inc., a statewide lobbying and advocacy group, voters in 51 of the state’s 64 counties have approved blanket TABOR revenue limit waivers.

Voters in several other counties have approved TABOR exemptions for specific programs, such as revenues that fund their human services departments, or for specific projects, such as water resources or transportation projects. Still others have exempted specific revenue sources, such as non-tax money.

Overall, only one county — Weld — has never passed any form of TABOR exemption. Other counties have passed specific exemptions for specific projects, including one in Mesa County. In 2001, voters here approved exempting $3 million the county received in a railroad grant to build the 30 Road underpass.

If voters approve the ballot measure, Mesa County would be the first in Colorado to exempt only state grants.

https://www.gjsentinel.com/news/western_colorado/debate-on-county-tabor-ballot-issue/article_b20e6c8a-cb83-11e8-811e-10604b9f6eda.html