Aug 01

Basalt wrestles with Taxpayer’s Bill of Rights violations

Basalt wrestles with Taxpayer’s Bill of Rights violations

TABOR is a constitutional amendment passed in 1992 that, among other things, requires voter consent for new or increased taxes and debt, as well as  limiting government revenues to a formula of population growth plus inflation. Under TABOR, governments in Colorado are required to refund excess revenue back to taxpayers, or get voter approval to keep it.

In 1994, two years after TABOR was enacted, Basalt residents voted 220 to 42 in favor of lifting TABOR revenue limits, thus allowing the town to keep any excess revenues it brings in over the regular revenue restrictions in TABOR. Numerous taxing authorities in Colorado have asked voters to do this to avoid having to pay out refunds when revenues exceed expectations.

To read the rest of this story, click (HERE):

 

Jul 18

TABOR Repeal Supporters Don’t Want To Call It That

Gee, we wonder what they’re trying to hide?
Why are they being so sneaky?
Don’t lose your #TABOR Rights.
Vote NO on whatever they call it in 2020

TABOR Repeal Supporters Don’t Want To Call It That

July 17, 2019

A 2013 ballot and voter blue book.Megan Verlee/CPR News
A 2013 ballot and voter blue book.

The Colorado Title Board on Wednesday approved key language for a possible 2020 ballot initiative that would repeal a highly consequential part of the state constitution.

But which part, exactly? If you ask repeal proponents, it’s Article X, Section 20. If you ask repeal opponents, it’s the Taxpayer’s Bill of Rights, or TABOR. How the ballot question is presented to voters is just the latest high-stakes skirmish in a long war over TABOR, a controversial constitutional amendment passed in 1992 that’s limited government growth in the state.

Both sides presented arguments to the title board, a three-member panel with representatives from the Secretary of State’s office, the state Attorney General and the Office of Legislative Legal Services, that decides if ballot measures meet all requirements and how they should appear on the ballot.

The Full Story Behind TABOR: Read & Listen To The Taxman Podcast

The liberal-leaning Colorado Fiscal Institute is backing the repeal effort, which won a significant victory at the Colorado State Supreme Court last month allowing it to inch closer to the 2020 ballot. Carol Hedges, the group’s executive director, said using the specific term, “Article X, Section 20,” is the most clear, neutral way possible to refer to the amendment.

To read the rest of this story, click (HERE):

 

Jul 09

Q&A with Penn Pfiffner | On standing up for freedom, and TABOR

Q&A with Penn Pfiffner | On standing up for freedom, and TABOR

·         Dan Njegomir, Colorado Politics

The TABOR Foundation’s Penn Pfiffner addresses the Reagan Club of Colorado earlier this year. (Photo courtesy the TABOR Foundation)

 

Even if you don’t move in Penn Pfiffner’s center-right political circles, you’re probably familiar with his name as the media’s go-to guy for comment on the Taxpayer’s Bill of Rights whenever it comes up in the news. And it comes up a lot, of course. 

The groundbreaking taxing and spending limits — venerated by some and vilified by others — have been stirring debate ever since being enacted into Colorado’s Constitution by voters in 1992. Better known by its acronym TABOR, the constitutional provision has prompted lawsuits, legislation and more ballot issues by wide-ranging interests hoping to elude or at least ease its restraints on state and local budgets. 

The perennial back-and-forth over TABOR also spawned the TABOR Foundation, which, along with its advocacy counterpart the TABOR Committee, emerged with the help of Pfiffner and other resolute TABOR supporters to stand up for the policy.

Pfiffner, who served as a Republican state representative from Lakewood in the 1990s, has become as distinctive a voice for TABOR over the years as he has for the advocacy of limited government in general.

He expounds on both of those endeavors and more — as always, in his characteristically eloquent and respectful way — in today’s Q&A.

Colorado Politics: Let’s start with a recent headline. The state Supreme Court ruled June 17 that a pending ballot proposal to repeal TABOR in its entirety may proceed — despite a constitutional “single-subject” stipulation on ballot issues that was long believed to have blocked precisely such an all-in-one-shot repeal.

In a public statement from the TABOR Foundation condemning the ruling, you said, “The court has become dangerously unmoored from the clear meaning of the state constitution.” The statement also said the court ”appears to take sides.”

Recap for us what was fundamentally at issue in the case before court — and why you feel the court missed the mark.

Penn Pfiffner: The recent direction of the Colorado courts on constitutional matters should trouble any citizen. Our American system relies on an honest judicial branch to impartially interpret the law. We have seen an absolutely consistent antipathy from the courts towards the Taxpayer’s Bill of Rights.

It’s an understatement to say that the justices from trial level to the Colorado Supreme Court have appeared to argue backwards from predetermined outcomes. Some of the arguments appeared to me to be even juvenile, like an adolescent trying too hard to argue the impossible.

The central finding in the Bridge Enterprise case that the TABOR Foundation brought is an example. Years from now, I surmise historians of Colorado’s system will be amazed and disgusted that it became so partisan during these recent years. Good, experienced attorneys today are urging the TABOR Foundation not to bring any more constitutional issues to the judicial branch — it’s that futile, and all that we end up with is setting bad precedent. In the case you raise, the court explicitly threw out a generation of precedent. It’s as if they never opened the section on TABOR to read all the different pieces in this comprehensive constitutional measure.

A dissent from the bench pointed out that some activist could now substitute Colorado’s extensive “Bill of Rights” for “Taxpayer’s Bill of Rights” (in a ballot proposal) and in one vote overturn all citizen protections. A leftist court looks ready to use its personal political views to put a thumb on the scales of justice.


Penn Pfiffner

  • Chairs the board of directors for the TABOR Foundation and the TABOR Committee, since 2009. The two entities, respectively, educate and advocate on behalf of TABOR.
  • Owner, Construction Economics LLC, since 1983; provides financial and managerial consulting to architects, engineers and contractors.
  • Senior fellow in fiscal policy at the Denver-based Independence Institute, 2001-2014.
  • Served as a Republican state representative from Jefferson County in the Colorado House, 1993-2001.
  • Current board member and past president of the Colorado Union of Taxpayers.
  • Chaired “Too Taxing for Colorado,” an issue committee to defeat the unsuccessful Proposition 103 tax increase on the 2011 statewide ballot.
  • Holds a master’s degree in finance from the University of Colorado Denver and bachelor’s degrees in economics and political science from CU Boulder.

 

CP: Give us your elevator speech on TABOR’s role, and value, in our state constitution.

To read the rest of this story, click (HERE):

 

Jun 29

TABOR Override in Trouble

The Buzz

Friday, June 28, 2019

TABOR Override in Trouble

Colorado’s controversial tax limitation initiative is on the defensive. The Democratic Party and elements of the business community and local government have been long opposed to the TABOR Amendment passed in 1992, during an era of Republican ascendance and strong anti-tax sentiment. Several restrictions included in it have been limited by courts, and now the Colorado Supreme Court has ruled the entire multi-topic amendment can be overturned by one counter amendment if its opponents want to take it on.
To read the rest of this story, click (HERE):

Apr 21

The Reagan Club Hosted Penn Pfiffner To Discuss The Taxpayer’s Bill of Rights

The Reagan Club of Colorado was glad to host Penn Pfiffner at April’s meeting to talk about the Taxpayer’s Bill of Rights. TABOR has kept Colorado fiscally healthy, but look for it to come under assault by the Democrats this year. Learn more about the work that The TABOR Foundation and TABOR Committee do at http://thetaborfoundation.org/.

Apr 03

Join The Reagan Club on April 11th to hear Penn Pfiffner explain the Taxpayer’s Bill of Rights

Colorado voters in 1992 authorized TABOR so that citizens would have to say yes or no on tax increases. Over the years voters appreciate this simple and effective check on out-of-control, tax-and-spend politicians. Colorado is one of the best states economically thanks to TABOR.

So, what is TABOR and how does it affect you?

Penn Pfiffner, former state legislator and currently the Chairman of TABOR, will provide a TABOR 101 discussion with time for questions.

Admission is $5 for Reagan Club members and $10 for non-members. The doors open at 6:00pm with food and drinks available to order from CB & Potts. The meeting begins at 7:00pm and should be over around 8:30pm. You can order your admission tickets online at the Reagan Club website, www.ReaganClubCo.com/meeting-tickets

 

Thursday, April 11, 2019 at 6 PM – 9 PM MDT

 

 

C. B. & Potts – Westminster

1257 W 120th Ave, Westminster, Colorado 80234

Jan 22

TABOR Committee presents to the Japan Local Government Center

TABOR Committee presents to the Japan Local Government Center

On January 16, 2019 two representatives of the Japan Local Government Center met with TABOR Committee Chairman Penn Pfiffner to learn what proponents of the Taxpayer’s Bill of Rights know about the positive aspects of fiscal discipline.

The Center has seven offices around the globe that compare and contrast and learn from other countries’ practices. Working out of the New York City office is Ms. Kaori Kurauchi, an official with the Japanese Ministry of Internal Affairs. She was accompanied by Dr. Seth Benjamin, a Senior Researcher in the New York office. Ms. Kurauchi is on a two year assignment to research tax and expenditure limitations and other government fiscal limitations in America and Canada. 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

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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