Feb 15

Taxpayer’s Bill of Rights should be strengthened, not repealed

Taxpayer’s Bill of Rights should be strengthened, not repealed

JAY STOOKSBERRY

On Jan. 15, a briefly worded initiative was presented to the Colorado Title Board for consideration to be placed on the 2020 ballot. The brevity of the proposal was commendable. Five words was all it needed: “TABOR – Repeal (Full TABOR Repeal).” Though speculative at this point, defenders of Article X Section 20 of the Colorado Constitution — better known as the Taxpayer’s Bill of Rights (TABOR) — should prepare for a fight in 2020.

Well before TABOR became law in 1992, opponents concocted every possible scenario as to how this new constitutional amendment would lead to fiscal armageddon in Colorado. Nearly three decades after its passing, most of this hyperbole — as is the case for most hyperbole — never materialized.

Where is Colorado from a fiscal perspective? According to the States Project, Colorado ranks 30th in the country for total state debt (including unfunded liabilities) as a percentage of gross state product. The Mercatus Center ranks our state as 28th in the nation regarding a combination of solvency for cash, budget, long-run spending, service-level flexibility, and unfunded liabilities. U.S. News ranked Colorado 31st in fiscal stability.

It would seem Colorado is middle of the pack at best. TABOR did not ruin our state’s ability to manage the general fund.

Contrary to popular wisdom of the Chicken Littles who warned about how damaging it would be to Colorado, TABOR doesn’t need to be repealed; it needs to be strengthened. Continue reading

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 17

Colorado Title Board denies attempt to repeal Taxpayer’s Bill of Rights

DENVER — The Colorado Title Board rejected a proposal on Wednesday to put a full repeal of the Taxpayer’s Bill of Rights (TABOR) before voters in a future election.

The board voted 3-0 that the proposal violated the single subject rule and the board did not have jurisdiction to set a ballot title.

Proponents Carol Hedges and Steve Briggs had an initial hearing before the Title Board at 1 p.m. on Wednesday. Although voters several years ago passed new rules that make adding an amendment to Colorado’s constitution harder, it still only takes a simple majority to repeal an amendment.

Denver-based attorney Edward Ramey, who represented the proponents, said the proposal was to do “one thing and one thing only.”

“That’s to repeal Article X, Section 20 of the Constitution,” Ramey told the board. “I emphasize that because we’re not adding anything to it. We’re not trying to tweak anything. We’re not repealing and ellipsis doing anything. This is just a straight repeal.”

Ramey said the single subject debate keeps coming up because the consensus is TABOR itself contains more than one subject, but he disagreed with those findings. He cited a couple of Colorado Supreme Court rulings that addressed the subject in a manner that he believed favored his clients in this case. 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 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

Dec 04

State Supreme Court turns down Hickenlooper on Gallagher/TABOR review

State Supreme Court turns down Hickenlooper on Gallagher/TABOR review

Colorado Supreme Court building
The Ralph L. Carr Colorado Judicial Center in downtown Denver is the home of the Colorado Supreme Court, the state Court of Appeals and the office of the state attorney general.

The Colorado Supreme Court on Monday turned down a request from Gov. John Hickenlooper that sought to resolve what he believes are conflicts between the Taxpayer’s Bill of Rights (TABOR) and the Gallagher Amendment.

The Court did not provide a reason in denying the request.

Hickenlooper submitted “interrogatories” — a series of questions —  on Nov. 20 that asked the Court to look at the conflicts between TABOR, passed by voters in 1992, and Gallagher, adopted by voters in 1982. Critics say the conflict is siphoning off tax revenue for schools and local government services, such as firefighting.

Those conflicts are “preventing local governments from funding even limited essential services,” Hickenlooper’s filing with the court said. “… It has resulted in the steady erosion of the budgets of local governments in communities throughout the state that rely on property taxes.”

The erosion is about to get a lot worse.

Continue reading

Nov 09

A sit-down with Jared Polis day after winning Colorado governor’s race

INTERVIEW: Jared Polis on energy, death penalty, TABOR and more

Author: Next with Kyle Clark, 9News – November 9, 2018 –

Colorado Gov.-elect Jared Polis is interviewed Nov. 7 on “Next with Kyle Clark.” (KUSA-9News, Denver)

Shortly after he was elected governor of Colorado, Jared Polis sat down with 9News anchor Kyle Clark to discuss his historic victory and his plans.

During a 10-minute conversation, which aired Nov. 7 on 9News’ “Next with Kyle Clark,” the Democrat weighed in on oil and gas regulation, the death penalty, TABOR and taxes, and on being America’s first openly gay candidate to be elected governor.

Here’s a transcript of Clark’s interview with Polis. And watch the full interview below.

Kyle Clark: Governor Elect Jared Polis, congratulations. Welcome back to “Next.”

Jared Polis: Thank you, Kyle. Pleasure to be here.


Clark:
 Colorado voters gave Democrats sweeping control of state government last night, yet they also rejected two statewide tax increases and rejected increased restrictions on oil and gas drilling. What’s your takeaway from all that together? 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