Monthly Archives: March 2017

Mar 11

Colorado’s Constitutional conundrum: Gallagher vs. TABOR amendments, and what it means for us

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FYI. Posted as it mentions TABOR and you can see what the other side is saying….

EAGLE COUNTY — Call it the Colorado Conundrum.

Colorado homeowners in the next couple of years will see a property tax break, while our state government is forced to make budget cuts. That’s because we stand at the crossroads of a couple of constitutional amendments — Gallagher and the Taxpayers Bill of Rights, or TABOR.

Tim Hoover is the communications director for the Colorado Fiscal Institute, a nonprofit and nonpartisan fiscal policy and analysis organization. They don’t have a dog in this fight, but if they did they’d root against TABOR.

“This is a profoundly serious problem. TABOR is not a watchdog. It’s a rabid dog,” Hoover said. “TABOR is literally threatening public safety.”

When the Gallagher Amendment intersects with TABOR, that causes problems, Hoover explained.

IT’S NOT COMPLICATED

That conflict is not as complicated as you might think, and it goes like this: Continue reading →

Mar 11

House Bill 1187: Why should state government get to spend more just because people work more?

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A Republican-sponsored bill in the Colorado legislature would likely let state government keep more of your tax money whether it needs it or not.

In 2005, Referendum C suspended Colorado’s constitutional limit on the amount of tax revenues that the state could keep. Called the “TABOR timeout,” the Referendum allowed the state to reset the limit on state revenue collection at the highest amount of annual revenue received between June FY 2005-6 and FY 2009-10. Referendum C was a permanent tax increase. As the table below shows, it has increased Colorado state spending by an estimated $2.6 billion over the last decade. At present, only 38 percent of state spending remains subject to TABOR.

refcNow the tax and spend coalition wants more.

Some state officials are understandably delighted by any measure that relieves them of the drudgery of running the state on a tight budget. It is much less taxing to be a state legislator when revenues are rising than when they are falling. When spending must be cut, difficult choices are required. No one is happy. Continue reading →

Mar 05

Reflecting on 25 years of the Taxpayer’s Bill of Rights (4 letters)

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Reflecting on 25 years of the Taxpayer’s Bill of Rights (4 letters)

By DP OPINION | openforum@denverpost.com

March 4, 2017 at 5:00 pm

Jeff Neumann, The Denver Post; photos provided by Thinkstock by Getty Images

Re: “Has TABOR been a good deal?” Feb. 26 Perspective section.

Excellent coverage on both sides of this controversial issue with no surprise in their respective conclusions. Proponents of the Taxpayer’s Bill of Rights simply want the taxpayers to have a voice before taxes are increased beyond TABOR limits. The opponents want to return to the pre-TABOR days with little outside control over government growth and spending. TABOR works as intended. The vast majority of Colorado taxing entities that approached their voters with sound and justifiable projects were met with voter approval, including the statewide Referendum C issue.

Former Secretary of State Scott Gessler’s statement that Democrats are unified in their hatred of TABOR is not true. As The Post reported, “Since 1993, statewide voters have approved only five tax increases out of 17 ballot questions.” Rest assured, countless Democrats (myself included) were among those voters opposing any override or change in TABOR. Moreover, it is two Republican legislators who are currently sponsoring House Bill  1187 to decrease taxpayers’ refunds in future years.

Carl Miller, Leadville

The writer is a former Colorado legislator.

Re: “Break antiquated Colorado tax policy free of TABOR,” Feb. 24 Tim Hoover column.   Continue reading →

Mar 03

Case given new life that could throw state’s elections system in flux

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Case given new life that could throw state’s elections system in flux

Mar. 2, 2017, by  

The Colorado Court of Appeals on Thursday sent a case back to a lower court that could leave future funding for state and local elections in jeopardy.

The case, filed by the National Federation of Independent Business, claims that businesses carry an unfair burden of the cost of funding state and county elections. The business group hopes to reclaim the revenue, which would potentially throw elections into flux.

The appellate decision is not immediate cause for concern for state officials, as the court is only requiring the lower court to gather more information before making a decision.

“We reverse the summary judgment and remand to the district court with directions to hold further proceedings to determine whether the Business and Licensing charges have been adjusted or increased since the passage of TABOR in 1992, so as to require voter approval for the adjustments,” the Court of Appeals wrote in its decision.

“Depending on the court’s determination, it may need to reach the issue as to whether the Business and Licensing charges constitute a tax or a fee.”

That last statement by the court represents the heart of the case and what could cast uncertainty over elections in Colorado. More broadly, it could throw a curveball to all state departments that are funded by fees.

The question is whether business filings collected by the department qualify as a “fee” or a “tax.”

Continue reading →

Mar 03

Tax Payer Bill Of Rights (TABOR) at center of heated debate

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Taxpayers Bill of Rights foundation member Penn R. Pfiffner discusses TABOR at the event “Social Perspectives: conversation, debate and understanding.” The event was held by the Denver Post at the Denver Press Club on Feb. 28.
Photo by Taelyn Livingston • tliving4@msudenver.edu

Kristi Hargrove voted for Donald Trump in the last election. From Crested Butte, which she calls a liberal town, she identifies as a proud Republican.

“My daughter came home from school, she was in middle school, complaining about how cold she was at school,” Hargrove said. It was around 2003. “I said to her, well wear more clothes, because you never put on enough clothes.”

However, when Hargrove went to work on a student directory for her P.T.A., she had trouble because her fingers were freezing. After confronting the principle, she found out the school had turned down the utilities.

“We live in a fairly affluent area and I thought that was ridiculous,” she said. “My comment to her was, ‘who’s wasting money?’” Continue reading →

Mar 03

TABOR reform measure passes first test with bipartisan support

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photo - An effort to reform the Taxpayer's Bill of Rights, or TABOR, passed its first test on Monday with Republican support. File photo.An effort to reform the Taxpayer’s Bill of Rights, or TABOR, passed its first test on Monday with Republican support. File photo.An effort to reform the Taxpayer’s Bill of Rights, or TABOR, passed its first test on Monday with Republican support, though the legislation faces an uphill battle.

Some TABOR observers call it progress that two Republicans are sponsoring the effort to change how the state calculates its spending cap.

The bill received bipartisan support from the House Finance Committee. It heads to appropriations for consideration.

Despite the bipartisan support, Rep. Dan Thurlow of Grand Junction and Sen. Larry Crowder of Alamosa, sponsors of House Bill 1187, are still mavericks on the subject though an evolution appears to be underway.

“Let’s merely take a look at TABOR one more time and see how it’s working over the last 25 years, and if it’s working we leave it alone, and if it’s not working we make an adjustment,” Thurlow said during a well-attended hearing at the Capitol.

Continue reading →

Mar 03

Panel Oks bill to ask voters about TABOR change

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DENVER (AP) — The Latest on a bill to loosen a Taxpayer’s Bill of Rights limit on Colorado state revenues (all times local):

5:20 p.m. p.m.

 A proposal by two Republican lawmakers to potentially increase how much revenue the state can keep without issuing tax refunds has passed a Colorado House committee.

The Democrat-led House Finance Committee voted 10-3 Monday to refer the bill by Republican Rep. Dan Thurlow and GOP Sen. Larry Crowder to the House Appropriations Committee.

Their bill would ask voters in November to change the way annual state revenue limits are calculated under the Taxpayer’s Bill of Rights.

It could allow the state to keep hundreds of millions of dollars for roads, education and other priorities.

Opponents argued that any proposed change to TABOR, a constitutional amendment passed by voters in 1992, should be in the form of a constitutional amendment — not a statutory change called for by the bill.

Constitutional changes carry tougher ballot qualification and voter passage benchmarks.

___

11:35 a.m.

Two Colorado Republicans want to loosen a constitutional restriction on how much revenue the state can receive without having to issue tax refunds.

Rep. Dan Thurlow and Sen. Larry Crowder say it’s time to have a conversation about those limits 25 years after voters approved them under the Taxpayer’s Bill of Rights.

Republicans long have opposed TABOR tampering, arguing excess revenues belong to taxpayers.

But Thurlow and Crowder say individual refunds would be pocket change when the state faces a $500 million budget deficit.

Their bill would ask voters in November to change the way TABOR’s annual revenue limits are calculated. It would potentially allow the state to keep hundreds of millions of dollars for roads, education and other priorities.

A House committee hears testimony on the bill Monday.

http://www.thechronicle-news.com/news/ap_news/the-latest-panel-oks-bill-to-ask-voters-about-tabor/article_9bc10e21-8358-5db0-b641-368887a6a572.html

Mar 03

Crowder, Thurlow team up to fix TABOR ‘constraint on overdrive’

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State Rep. Dan Thurlow, R-Grand Junction, and state Sen. Larry Crowder, R-Alamosa, have introduced a bill to fine tune TABOR.

Two Colorado Republican lawmakers are delivering on their promise from earlier this year to fine-tune TABOR, a 25-year-old constitutional restriction on how much the state can receive — and spend — without triggering tax refunds.

Rep. Dan Thurlow and Sen. Larry Crowder have introduced House Bill 17-1187 that seeks to change the way annual revenue limits set by the 1992 Taxpayer’s Bill of Rights are calculated.

It’s a first step that could allow the state to keep millions of dollars for roads, education and other priorities, starting with an extra $175 million in the 2018-2019 fiscal year, according to legislative analysts.

Thurlow, of Grand Junction, and Crowder, of Alamosa, have asked: What’s the use of individual taxpayer refunds amounting to pocket change when, this year alone, lawmakers must close a $500 million gap to balance the budget that begins July 1?

“I believe our party is the party of solutions and this bill is an example of that,” Thurlow said Monday. Continue reading →

Mar 03

Colorado small business lawsuit surrounding TABOR heads back to district court

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The legal battle between an organization representing Colorado small businesses and the Secretary of State isn’t over, despite a Colorado Court of Appeals ruling this week.

“It’s a jump ball,” said Tony Gagliardi, the Colorado director of the National Federation of Independent Businesses, who sued the state of behalf of its members.

Colorado Court of Appeals directed Secretary of State Wayne Williams to produce a list of all the business license charges and increases since 1992, when TABOR was enacted.

Colorado Court of Appeals directed Secretary of State Wayne Williams to produce a list of all the business license charges and increases since 1992, when TABOR was enacted.

The Colorado Court of Appeals this week said the business licensing charges collected by the Secretary of State and used to pay for all the activities run by the office are constitutional under that Taxpayer’s Bill of Rights (TABOR).

But the court ordered the case back to district court and instructed the Secretary of State to produce a list of all the business fee increases since 1992, when TABOR was enacted. Continue reading →

Mar 03

What is House Bill 1187?

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What is House Bill 1187?

HB1187 would allow the government budgets at all levels to grow much larger each year by changing the current growth formula of the Taxpayer’s Bill of Rights.  The current automatic increase uses the previous year’s budget and adds the growth in population plus inflation.[1]  Under the existing formula, Colorado’s State budget has grown an average of 4.7 percent a year for the past 25 years that TABOR has been in effect.

The new formula would replace the growth rate with the growth in personal income, averaged over five years.  With that substitution, the TABOR limit would soar.

The measure is sponsored by Rep. Dan Thurlow (R-Grand Junction) and Sen. Larry Crowder (R-Alamosa County).

 

A fatal flaw in the proposal.

This bill is a very sneaky effort to avoid the constitutional rules altogether.  The rules say that the state constitution cannot be changed by passing a law.  This proposed measure says it can change a foundational definition in the constitution with a new law.  It does not ask simply for the state to keep the excess of taxes collected for some number of years.  It is a permanent change in how each TABOR limit is set.  That’s a fundamental change to the constitution. Continue reading →