Category Archives: Bridge Enterprise Lawsuit

Nov 12

We could use your help, talents, and skills defending the gold standard, Colorado’s Taxpayer’s Bill of Rights (TABOR).

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Now that Proposition CC has gone down in flames, what will progressives do next to sabotage TABOR?
Aren’t you sick and tired on politicians trying to weasel their way out of, or ignoring, TABOR?
We need to do something about it, right?
Well then, why not you?
Yes, you read that right.
Why not?  It’s a great time to get involved.
If not you, then who?
We could use your help, talents, and skills defending the gold standard, Colorado’s Taxpayer’s Bill of Rights (TABOR).
We’re looking forward to having you help Colorado.
It’s easy to join.
See below on how you can make a difference.

 

 

 

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Apr 22

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

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

 By Joshua Sharf

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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Dec 28

It’s Not Too Late….

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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

http://www.facebook.com/coloradoTABOR/

www.theTaborFoundation.org

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Dec 31

EDITORIAL: Negative Impacts, Part Three

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BY · DECEMBER 29, 2016

Read Part One

If a person wants to build a single-family home within the Pagosa Springs town limits, he or she must pay $3,342 in Town “impact fees.” That money is purportedly earmarked for the “impacts” that the new residents — who will occupy this new house — will have on roads, recreation facilities, public buildings, parks, trails, emergency services and schools.  (Assuming that the people who will occupy this new house haven’t already lived in Pagosa for maybe 25 years.)

The justification typically offered for such fees, is: “growth must pay for growth.”

We are working, here, under the assumption that there is a difference between a “tax” and a “fee.” The Colorado Constitution specifically requires voter approval for tax increases, and for the creation of a new tax — but no such voter approval is required for fee increases, or for the creation of a new fee.

Obviously, the difference is of some significance, here in Colorado.

A recent Colorado lawsuit can help us understand how one particular panel of judges defined the difference between a “tax” and a “fee.”

In 2009, during a particularly difficult period in the financial life of the Colorado state government, the state legislature created a new government agency called the Colorado Bridge Enterprise (CBE). The agency began charging a new “fee” as part of your vehicle registration fee; the money was (purportedly) to be used for repairing state-maintained bridges. The state did not seek voter approval for the new surcharge.

In 2012, the TABOR Foundation filed a lawsuit against the state, arguing that the “fee” was in fact a “tax” — and was thus prohibited by the state’s Taxpayer Bill of Rights (TABOR) unless approved by the state’s voters. During the deliberations, the Colorado Court of Appeals disagreed with one of the TABOR Foundation’s arguments: that the surcharge is a “tax” because it is collected without regard to any services used by the vehicles for which the charge is imposed.

The court laid out three factors that it weighed in determining whether a surcharge is a tax or a fee:

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Dec 27

Important questions about TABOR and their answers, part one

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James Redmond
jredmond@greeleytribune.com

Colorado’s unique tax law — the Taxpayer’s Bill of Rights, or TABOR — will likely become a point of conversation and contention during much of 2016 in both the legislative session and at the ballot box.

Gov. John Hickenlooper’s budget request attributed some of the need for millions of dollars in cuts to the constitutional amendment that is seen by some as too restrictive a way to govern Colorado’s spending.

Movement is already afoot to make change. As an example, a nonpartisan group of state leaders called Building a Better Colorado has been traveling Colorado this year to find consensus on a possible ballot initiative in November to change parts of TABOR.

In addition, state Democrat lawmakers have said they plan to bring back last year’s failed hospital provider fee bill, a potential work-around TABOR to create wiggle room in the state’s budget. The hospital provider fee, which is assessed on hospitals to help pay for indigent health care, has raised so much money that it has bolstered state budgets past TABOR limits, requiring the state to issue taxpayer refunds. Continue reading →

Dec 19

Blake: A bad week for TABOR

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Photo and copyright: Tony's Takes - used by permission

Photo and copyright: Tony’s Takes – used by permission

It was a bad week for the Taxpayer’s Bill of Rights and it doesn’t look like it’s going to recover any time soon under the Colorado court system.

Two TABOR-based suits were rejected, one by the intermediate Court of Appeals and another by Denver District Judge A. Bruce Jones.

The Colorado Union of Taxpayers Foundation had sued the city of Aspen in 2012 on grounds that its city council imposed a 20-cent charge on disposable grocery bags instead of putting the issue to the voters.

 

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Oct 12

Collection and Usage of the FASTER Motor Vehicle Fees Audit

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Colorado Senate Bill 09-108, known as FASTER (Funding Advancements for Surface Transportation and Economic Recovery Act of 2009) has collected $1.4 Billion in “fees” over six years.  The most recent State Auditors report found:

  • Deficiencies in half of their processes for collecting the “fees.”
  • CDOT (Colorado Department Of Transportation) also needs to improve its oversight and management. 
  • CDOT, Colorado Dept of Revenue, and Colorado Judicial all agreed with the recommendations presented.

More money + bigger government control = major problems.

The TABOR Foundation replied, “we told you so.”

It’s your taxes, oops we mean “fees,” that the government collects to fix Colorado’s roads and bridges.

Are they better now?

The quick summary is located on page 7 and shown below.

Read the audit report to decide for yourself.

http://www.leg.state.co.us/OSA/coauditor1.nsf/All/09AEE178D41A743187257E9E00767D33/$FILE/1410P%20Collection%20and%20Usage%20of%20the%20FASTER%20Motor%20Vehicle%20Fees,%20Performance%20Audit,%20August%202015.pdf

FASTER Bill Deficiencies1 FASTER Bill Deficiencies2

Sep 02

Blake: Sabotaging TABOR comes down to a single subject

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Blake: Sabotaging TABOR comes down to a single subject

When it comes to sabotaging TABOR, term limits and the initiative process, the usual suspects tend to round themselves up.

The latest group, called “Building a Better Colorado,” is fronted by the otherwise estimable Dan Ritchie, who served 15 years as chancellor of the University of Denver, taking no pay and donating his $50 million ranch to the school.

The organization intends to hold “town hall meetings” throughout the state and produce a report recommending changes by year’s end.

Presumably most of these changes would necessitate ballot initiatives, since it’s hard to get the two-thirds majorities needed in the legislature to place referendums.

Photo and copyright: Tony's Takes - used by permission

By proposing initiatives they are going to have to confront the awkward single-subject rule. More on that later.

Despite the clarity of their goals, the reformers like to talk in tiptoe-through-the-tulips terms. “It is subtle,” Gail Klapper of the Colorado Forum told The Denver Post, adding the discussions are about “nuanced changes” allowing Colorado “to move forward in the way we all want it to go.”

The Colorado Forum is just one of several civic groups behind Ritchie’s efforts. Its goals aren’t that subtle. It says on its Web site that “Colorado’s fiscal system has a structural imbalance — created by inherently conflicting constitutional mandates — that will continue to result in a widening gap between General Fund revenue and necessary expenditures.”

However “necessary” might be defined. The Forum goes on to recommend that TABOR-mandated refunds to the people be postponed and “revenue sources” not subject to the revenue cap be considered. Presumably that means imposing more “fees” instead of taxes that require a popular vote.

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