Good news from Grand Lake!
I am pleased to announce that the Town of Grand Lake has rescinded the outrageous municipal fee this last Tuesday, May 29th by a vote of 6-1. The action followed two unsuccessful attempts to rescind the municipal fee on January 8th and February 12th 2018
This could have not been possible, if it were not for the election of four new trustees at the April 2nd election. All four new trustees voted to rescind the municipal fee along with the Mayor and myself.
A little background: The municipal fee was adopted to cover approximately 50% ($80k annually) of the cost to cover police service including dispatch and street lighting. Traditionally, these expenses were always covered by the normal taxes and fees collected in the general fund.
The Municipal fee became a “Hot Topic” during the election process and the candidate forum we had at the end of March. The electorate was offended that they were not asked to vote for the municipal fee, but rather the money was stolen out of their pocketbooks just as a common thief would do. Continue reading
The state high court upheld a district court decision from 2014 and a Colorado Court of Appeals ruling from 2015. The Colorado Union of Taxpayers, a Lakewood-based group that advocates for conservative tax policy, brought the lawsuit following the program’s implementation in 2012, arguing that the fee is actually a tax. Since new taxes must be approved by voters under the Colorado Taxpayer’s Bill of Rights constitutional amendment, the group argued that the fee, which was not put up for voter approval, was unconstitutional.
Aspen City Council in 2011 passed the so-called waste-reduction ordinance, which banned single-use plastic bags offered upon checkout at local grocery stores and required the 20-cent fee for paper bags. The program’s goal is to encourage shoppers to bring reusable bags while ridding the community of the ubiquitous plastic bags that create an environmental hazard when not disposed of properly and otherwise contribute to the waste steam.
DENVER — Whether you’ve lived in Colorado for a short time, or your entire life, you’ve probably heard about what’s known as TABOR: The Taxpayer’s Bill of Rights.
“It ensures that government cannot grow beyond what the people want it to do,” said Michael Fields of the conservative-leaning group Americans for Prosperity.
Fields argues TABOR leads to smart spending with an existing budget, prevents government from getting out of control and gives people of Colorado the power to decide when it’s appropriate to raise taxes.
“I think you make the case to the people,” Fields said. “If you want to invest in something more, then go make the case to the people – convince them that they need more revenue and that’ll pass.”
But there’s another side to TABOR.
“It’s not something good to have on our books. It’s actually hindered our ability as a state to do many things,” said TABOR opponent Amie Baca-Oehlert, of the Colorado Education Association.
She says she feels TABOR is a roadblock for lawmakers that prevents them from making responsible spending decisions in places where it is needed most, like Colorado’s schools.
“That just doesn’t seem right in a state with such a fast-growing economy,” she said.
But Colorado needs money to fix our ailing roads and bridges. So a push is underway to convince voters to approve a sales tax hike this November. Educators are also pushing a tax increase to help public schools after a 2013 $1 billion proposed tax increase to pay for school funding was rejected by voters.
On Monday, the Colorado Supreme Court ruled that an Aspen grocery bag surcharge was not a tax and thus did not fall under TABOR – the second successful challenge in recent months.
But what’s next? For the moment TABOR is here to stay. In order for it to be reversed completely – we as Coloradans would have vote to change it.
When you look up the meaning of “clueless idiots” in the dictionary, it will redirect you to the Colorado Supreme Court.
Colorado Supreme Court upholds Aspen bag fee
Author: Associated Press – May 21, 2018
DENVER — The Colorado Supreme Court has upheld a 20-cent surcharge on grocery bags in the city of Aspen.
Monday’s ruling represents the second time in the last month that the court has rejected a constitutional challenge brought under the Taxpayers’ Bill of Rights. TABOR requires voter approval for all taxes.
The government can raise fees without asking voters as long as the proceeds pay for a related service. Park fees, for instance, can pay for park maintenance.
The Aspen City Council approved the fee in 2011 and has been using the proceeds for a waste management program.
A conservative nonprofit group sued, arguing that the bag charge was actually a tax.
The Supreme Court ruled 4-3 that the city’s waste reduction program was “reasonably” related to people using disposable grocery bags.
Analysis: Colorado judges continue to erode taxpayer rights
Colorado Supreme Courtroom in the Ralph L. Carr Colorado Judicial Center
Nagel Photography | Shutterstock.com
Over the last 25 years, the Colorado courts have consistently legislated from the bench to weaken the state’s Taxpayer Bill of Rights (TABOR), two prominent advocacy groups committed to limited government assert. A recent Colorado Supreme Court ruling is one among many that “weakened taxpayer’s rights,” they argue.
Voters approved TABOR on Nov. 3, 1992, which then became part of the state constitution after the governor issued a proclamation on Jan. 14, 1993.
TABOR requires voter approval of most tax and debt increases. It also requires each government to reserve a percentage of non-debt-service spending (an amount that has fluctuated) for emergency reserves. It states that TABOR “shall reasonably restrain most of the growth of government. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions.” Continue reading
The topics that will dominate candidates’ messaging throughout the campaign season.
It is the best of times…or is it the worst of times? That depends a lot on how you feel about Colorado’s growth. “Normally, the economy would be the highest issue for most voters,” Paul Teske, a dean at CU Denver, says. “There will be a lot of talk about sustaining the boom.” But, adds DU’s Seth Masket: “There are a lot of different areas of the state that are adversely affected by this growth.” Transportation has become a perennial funding battle at the Capitol and could benefit from strong gubernatorial influence (read: political pressure) to make Republicans and Democrats find bipartisan ways forward. Meanwhile, the unemployment rate in Colorado is three percent (it was 8.9 percent at the end of 2010), which on its face is great news, but that near-full employment causes woes for companies desperate to fill jobs. Wages—particularly in the metro area—haven’t kept up with cost-of-living expenses, which means that although people are finding work, they may not be able to pay bills. And the biggest expense for many voters is rising housing costs. Mix that all together, and the moment is prime for a gubernatorial candidate to stand out by creating a unique vision for Colorado’s future.
This may seem like a topic that matters most to people who are raising families, but this year, candidates will compel everyone to think about Colorado’s education system (funding here ranks in the bottom third of all states in the country). Which makes sense: Property owners help pay for schools, employers benefit from a well-prepared workforce, and we all want the best for society’s youngsters, right? But how we ensure we have a strong education system is quite a bit more complicated. Magellan Strategies’ David Flaherty says Republican candidates should be talking about education right now and through November. “It’s the one issue we completely give to the Democrats,” Flaherty says. “It’s unfortunate because it’s one of the top two issues for unaffiliated voters.”
Conversations about addressing growing pains or giving more money to teachers inevitably evolve into talks about what to do about Colorado’s Taxpayer Bill of Rights (TABOR), which limits government spending to match population growth and inflation increases.
Under TABOR, which passed in 1992, leftover revenue is returned to the taxpayers. Proponents herald the limits on government spending; detractors warn that TABOR isn’t robust enough to respond to real-time needs, like shifting populations in schools due to high housing costs.
But Coloradans tend to like the control TABOR gives them: A January 2018 report from the American Politics Research Lab at CU Boulder found that “support among Coloradans outpaces opposition,” with 45 percent of respondents supporting TABOR.
That number has fallen since 2016, and the study notes that more than a quarter of respondents had “uncertainty about a position.” In short, there’s room for candidates to make TABOR the issue of the campaign.
Republican candidates are likely to support working within TABOR’s constraints. Democrats will probably talk more about reform or repeal.
TABOR, Colorado education funding and the teacher protests (for Dummies)
KUSA – By now, you’ve probably read that thousands of teachers plan to rally at the Colorado State Capitol on Thursday and Friday.
This has led the state’s largest school districts to cancel class. To put this into perspective, if you got all the kids who will have the day off in the same place, it would be Colorado’s second largest city.
It’s a big deal.
Education funding in Colorado is confusing, as in the kind of thing that still doesn’t make sense even after spending half of your work day trying to brush up on it (talking from experience here).
But, like “War and Peace,” your state’s education budget is important … but also super confounding and kinda tedious (apologies to all the Tolstoy fans out there). So, here’s our attempt at a Cliffnotes version to get you up to speed before our coverage of the teacher protests (which is ironic because if there’s one thing teachers hate, it’s using Cliffnotes instead of reading the actual book).
What are the teachers protesting?
Colorado’s teachers are protesting a few things. First off, they’re speaking out against the state’s lack of education funding (some studies put Colorado in the bottom tier nationwide), low teacher pay (while you’ll see some reports that teacher pay in Colorado is ranked 46th in the country, it’s actually 31st at $52,736 a year, according to the latest National Education Association report) and proposed changes to their pension plan.
During the protests, there’s one thing hear about a lot: TABOR, and specifically, how it impacts the education budget.
So … what’s up with TABOR?
No, it’s not someone’s name (necessarily). Instead, it’s an acronym for the Taxpayer’s Bill of Rights. This was passed in 1992, and basically, you can trace everything that’s a little unique about Colorado’s budget back to this.
Colorado Supreme Court: Some Small Tax Changes Are OK Without Voter Approval
The Colorado Supreme Court on Monday upheld the constitutionality of a state law that added sales taxes to some items to benefit public transportation and cultural groups in metropolitan Denver without voter approval.
The ruling by the state’s highest court rejected a lawsuit from the TABOR Foundation, a taxpayer advocacy group that alleged the Regional Transportation District and a cultural district were violating Colorado’s Taxpayer’s Bill of Rights, or TABOR, which requires voter approval for any tax hike.
The lawsuit stemmed from a 2013 measure passed by lawmakers allowing the districts to collect taxes on items previously exempt from local sales taxes, such as candy, soft drinks, cigarettes and food containers.
The court ruled that the new taxes represented such a minor change to tax policy that they did not require voter approval.