Apr 26

Hospital Provider Fee Lawsuit Appeal Update

This filing does not contain the substance of our argument and is administrative in nature.
Don’t be intimidated that the first document is 55 pages long – it contains as an appendix the entire Order issued by the lower court which makes up the overwhelming volume of this Notice.

The Defendants also filed an appeal of Judge Buchanan’s ruling that our team has standing.
Wrong-headed, to be sure, but expected.
That filing is also attached here and also only an administrative step.

There has to be an exchange of documents before the attorneys will be informed of a schedule to submit arguments to the Court of Appeals.

That could take another seven weeks

All of this is public information but we wanted our TABOR supporters to be updated.

Penn

 

Click here to see the Hospital Provider Fee Notice of Appeal

Click here to see the Hospital Provider Fee Defendants Challenge of Standing by The TABOR Foundation

Apr 22

Ending Taxpayer’s Bill of Rights refunds a deservedly tough sell to voters

Sharf: Ending Taxpayer’s Bill of Rights refunds a deservedly tough sell to voters

TABOR opponents, bored with chipping away at the law’s foundations, have broken out the chainsaws. On the one hand, legislative Democrats are ignoring the plain language of TABOR and unilaterally enacting a universal income tax increase without a statewide vote, by calling it a “fee.”

Photo and copyright: Tony’s Takes

And on the other hand, they are proposing a ballot referendum to waive the law’s taxation restrictions. According to TABOR, any increase in general revenue above the previous year’s plus inflation and population increase must be refunded to the people. House Bill 19-1257 would remove that restriction, allowing the state to keep any and all tax revenue, forever.

In return, the money that was kept would go to transportation, transit, public education, and higher education. Theoretically, anyway. Such a deal might seem to have some superficial appeal to Colorado voters, but recent experience strongly suggests this may be a harder sell than proponents expect.

We don’t know where Referendum C dollars go

HB 1257 is Referendum C on steroids. In 2005, voters approved a temporary “time-out” from TABOR’s spending restrictions, allowing the baseline to grow at the inflation plus population formula regardless of what revenues actually did. Referendum C has allowed the state to keep about $17 billion, including over $1.2 billion in the last fiscal year alone.

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Mar 08

Colorado hospital fees do not violate TABOR, Denver District Court rules (updated)

Colorado hospital fees do not violate TABOR, Denver District Court rules

The fees have generated more than $4.6 billion over the past decade, according to the Colorado Department of Health Care Policy and Financing.

PUBLISHED:  | UPDATED: 

Hospital fees that have generated billions of dollars in Colorado are legal and do not violate Colorado’s Taxpayers Bill of Rights, according to a Denver District Court ruling.

The Wednesday ruling found that the Hospital Provider Fee and the subsequent Healthcare Affordability and Sustainability Fee are “fees, and not taxes, and therefore are not subject to TABOR,” according to a Colorado Department of Health Care Policy and Financing (HCPF) news release.

The ruling is in favor of the health care policy department and the Colorado Department of the Treasury.

In 2015, the TABOR Foundation filed a lawsuit challenging the constitutionality of the fees. The hospital provider fee is a charge imposed on hospital stays that other states refer to as a “bed tax.”

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Mar 07

Colorado hospital fees do not violate TABOR, Denver District Court rules

Colorado hospital fees do not violate TABOR, Denver District Court rules

The fees have generated more than $4.6 billion over the past decade, according to the Colorado Department of Health Care Policy and Financing.

PUBLISHED: 

Hospital fees that have generated billions of dollars in Colorado are legal and do not violate Colorado’s Taxpayers Bill of Rights, according to a Denver District Court ruling.

Colorado hospital fees do not violate TABOR, Denver District Court rules

Feb 26

Why TABOR Matters on February 26

Why #TABOR matters:

The TABOR Foundation’s legal counsel has been instrumental in the challenge of the arbitrary mandate on hospitals requiring payment of an annual “fee” for the privilege of providing service to the residents of Colorado. The Hospital Provider lawsuit is ongoing and asks the courts to determine a critical question: What is a tax, and what is a fee?

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

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