Monthly Archives: May 2013

May 23

TRIAL PHASE CONCLUDES FOR BRIDGE ENTERPRISE FUND

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This week the lawsuit brought by the TABOR Foundation was heard in Denver District Court.  Judge Michael Martinez heard the testimony.  Attorney Jim Manley from Mountain States Legal Foundation was the principal representative for the Plaintiffs.  The Defendants were the Fund itself and the Colorado Transportation Commission.  The Attorney General’s office is responsible for defending the state government’s scheme, but contracted with attorney Mark Grueskin to handle the defense.

 The lawsuit asks the Colorado court to rule the issuance of debt without prior voter approval unconstitutional, under the Taxpayer’s Bill of Rights (TABOR).  As part of new vehicle charges approved during the Ritter administration, a “bridge safety surcharge” was designated as a fee, not a tax, and never offered as required for voter approval.  The Bridge Enterprise was established as a separate government business to repair bridges.  The scheme declares that because you might  drive over certain bridges you must pay a yearly toll, which is collected when you register your vehicle.  The “tolls” received as income allowed the Bridge Enterprise Fund to issue $300 million in bonds without prior voter approval, also required under TABOR.  Total debt may eventually be over $1 billion. For more information, see http://tax.i2i.org/files/2013/05/Bridge_Enterprise_Fund.pdf from A Citizen’s Budget for 2013 published by the Independence Institute.

 “The critical issue is whether this government can break trust with the citizens of Colorado,” said TABOR Foundation chairman Penn R. Pfiffner.  “Bridges need to be built and maintained, but elected and appointed officials can’t ignore the constitution as they pursue those goals.  Do it the right way.”

 Five witnesses; two heroes.

Two Plaintiff witnesses were Ms. Chris Sammons and Willie Wharton, who both explained that they had to register vehicles and therefore pay the bridge surcharge “fee,” although those specifically identified vehicles never cross a single Bridge Enterprise bridge.  Continue reading →

May 15

Bridge Enterprise Trial update 2

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Friends of TABOR,

The trial testimony and arguments wrapped up on Tuesday, a day earlier than the time allotted. The “evidentiary” portion of the trial is complete.  Our TABOR Foundation Executive Director, Bob Foland, was present for the morning’s proceedings and I for the afternoon’s.  Our combined report follows.

Judge Michael Martinez expects both Plaintiffs (us) and Defendants to file post-trial briefs, and set a deadline 21 days out.  When Mountain States Legal Foundation files that brief, we will be done with the trial.  From that point, we will have to wait for the Judge’s ruling.  Regarding another case involving a different judge, our lead attorney observed that he is waiting for a ruling a year later.  We don’t know about Judge Martinez’s intentions or workload, so simply have no basis to give you an expected date; just that it probably won’t follow hard on the heels of the final briefs.

The early part of the morning was taken to complete testimony of Plaintiff’s last witness, the engineer from Florida.  As is only fair, the Defense was given its full opportunity to cross-examine the witness.  After that, it was Defendants’ turn to present its witnesses.

The first Defense witness was the contractor who handles or assists the Bridge Enterprise with management and administration.  He explained how his firm had participated. Continue reading →

May 15

Bridge Enterprise Fund trial update

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Friends of TABOR,

Yesterday (Monday), the trial began on the lawsuit to prove the Bridge Enterprise Fund is unconstitutional because it ignores the rules laid out in the Taxpayer’s Bill of Rights.  You, as supporters and contributors, are bringing the lawsuit through our organization, the TABOR Foundation.  We are represented by Mountain States Legal Foundation, and that legal firm’s attorney who is arguing the case is Jim Manley.

For a refresher on the issues, see http://tax.i2i.org/files/2013/05/Bridge_Enterprise_Fund.pdf , from A Citizen’s Budget for 2013 published by the Independence Institute.

Five witnesses; two heroes.

Plaintiffs (us) get to go first.  One central fiction to keep in mind is the scheme declares that as you drive over certain bridges on the highway system, you are paying tolls to do so; tolls which are collected through a “safety surcharge.” The first two witnesses were Ms. Chris Sammons and Willie Wharton who both explained that they had to register vehicles and therefore pay the bridge surcharge “fee,” although those specifically identified vehicles never cross a single bridge.  They did you proud, providing testimony that was calm, convincing, certain, occasionally humorous, and very credible.  To me, they are my newest heroes.  Both took a day off, drove in from Grand County (think, from beyond the western border of Rocky Mountain National Park), leaving very early to get to Denver on time.  Continue reading →

May 12

Taxpayer Bill of Rights Approved by House Committee

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Taxpayer Bill of Rights Approved by House Committee – Civitas … http://ow.ly/2wP65t 

This year’s version of a Taxpayer Bill of Rights (TABOR) yesterday was approved by the House Committee on Government, and moves to the House Finance Committee. House Bill 274 would place limitations on the annual growth rate of the state budget, tied to a formula based upon inflation and population growth.

I’ve written extensively on North Carolina’s need for a TABOR in the last few years, for example here and here.

North Carolina continues to find itself in budget “crisis” mode with greater frequency due to its complete lack of fiscal discipline – particularly during economic boom years. When revenue is flowing to state coffers, state budget writers simply can’t help themselves – they ratchet up spending commitments at unsustainable annual rates often approaching ten percent. And keep in mind, these dramatic spending hikes are not in response to increased “need” for government services because the most severe spending sprees come during prosperous years of low unemployment and fewer people enrolled in government programs.

A TABOR would place a limit on these spending sprees, because budget writers have proved that they simply can’t help themselves and – like an addict – need an intervention. Indeed, when examining state spending during the three decades leading up to the 2009 recession, we see the state budget grew at three times the rate of population – even after adjusting for inflation.

TABOR opponents, however, continue to refer to Colorado’s experience with a TABOR, trotting out dire warnings about how Colorado was decimated by its TABOR. The claims made, however, are highly misleading and have been thoroughly debunked.

Finally, TABOR legislation is very popular among North Carolinians. Civitas has polled a TABOR several times over the past few years, and the results are consistent: by a 3 to 1 or more margin respondents are in favor.

A TABOR is long overdue, makes sense, and is highly popular among voters

 

May 05

Rowland, officials differ over county move on TABOR

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By Duffy Hayes

Saturday, May 4, 2013

In May 2007, Mesa County took the unprecedented step of deciding — without voter approval — to exclude its local sales taxes from revenue limit calculations set forth in the Taxpayer’s Bill of Rights.

Six years later, current and former county staff say the county did so with unanimous consent of the three county commissioners.

One of those commissioners, though, vehemently denies that she ever signed off on the plan, or that she participated in the meeting where, the current and former officials say, the decision was made.

“I never participated in a meeting where this was discussed. I was never asked to support such a scheme and I never gave my approval to implement it,” former Commissioner Janet Rowland wrote in an email to The Daily Sentinel.

“I never would have gone for that — ever,” she said in a subsequent interview.

Then-County Administrator Jon Peacock says she did. So, too, does county Finance Director Marcia Arnhold, as does current Commissioner Steve Acquafresca, who was one of the three commissioners said to have given unanimous consent to the change.

All three refer to a May 2007 meeting in which Peacock, Arnhold and, according to them and Acquafresca, all three commissioners discussed the possible change, with attorney Dee Wisor on the phone from Denver. Wisor was solicited for a legal opinion about the possibility of excluding sales taxes and provided a case for the change based on the fact that Mesa County voters had approved their sales tax in 1981, well before voters statewide approved TABOR.

“I remember that we gave direction. And it was unanimous amongst all three,” Acquafresca said recently. Continue reading →