Jul 30

EDITORIAL: Salute our state’s constitution this Colorado Day

EDITORIAL: Salute our state’s constitution this Colorado Day

  • The Gazette editorial board

On Thursday, the state of Colorado turns 148 — and Coloradans no doubt can think of many good reasons to celebrate.

Among them of course are the Centennial State’s unmatched natural wonders. There’s also the state’s exquisite climate; its vast, wide-open spaces, and its abundant resources — from oil and gas underground to the wind and sunshine all around — that heat our homes, power our automobiles and light the way.

One blessing that’s more directly connected to the advent of Colorado’s statehood itself is our founding charter — our state’s constitution — which shares the same birthday. Drafted in March of 1876 and approved by territorial voters on July 1 of the same year, the Colorado Constitution formally took effect Aug. 1, 1876, when Colorado was admitted to the union.

There’s good reason to celebrate the state’s constitution, as well, on Colorado Day.

Like any constitution, ours isn’t without foibles. At times it has left itself wide open to interpretation, and activist courts have been happy to oblige. Yet, on the balance, Colorado’s constitution has served its citizens pretty well — including by way of some well-timed and well-placed amendments to the document over the generations. Continue reading

Mar 15

Menten: Open letter to the Colorado Commission on Property Tax

Dear members of the Commission on Property Tax:

The commission was tasked with providing property tax relief options before the temporary tax adjustments expire at the end of 2024.

The obvious  answer is to restore inflation and growth adjustable property tax revenue caps where they’ve been forfeited in prior elections. Good news – that’s already in the Taxpayer’s Bill of Rights (TABOR) but it needs to be reinforced!

If that doesn’t happen, there will be a hard property tax cap on the 2024 ballot. That’s been clearly stated by two of the proponents of property tax caps if there was insufficient actions from the commission.

Taxpayers want tax caps whether they are hard or inflation adjustable. Taxpayers like me understand that government growth should be relative to the size of the local economy. That is rightly answered in the existing property tax limit contained in TABOR, paragraph 7c, which allows for such growth.

Having sat through all the commission meetings, there’s a few moments I want to highlight.

Bring back the tax caps

In this three minute video, the county assessor from Santa Clara, California described where that state sits now under the Proposition 13 property tax caps. His points illustrate why our Colorado TABOR is ideal. The assessor points out that local California governments didn’t appropriately reduce property taxes in 1978, even referring to property taxes as “money machines.” So, California voters used their right to petition to place a hard tax cap on the ballot, which became Proposition 13. Continue reading

Feb 23

Freedom Minute | Colorado’s Taxpayer Bill of Rights (TABOR)

Economist Dr. Paul Prentice explains Colorado’s Taxpayer Bill of Rights (TABOR) amendment. TABOR allows the state budget to grow each year at population plus inflation, while giving taxpayers the ability to vote on all tax and debt increases.

Sep 15

Towns and Cities Should Use Their Stimulus Windfalls to Cut Taxes

Towns and Cities Should Use Their Stimulus Windfalls to Cut Taxes

States can’t do it, but there’s nothing stopping local governments from issuing refunds.

By Judge Glock

Sept. 14, 2021 12:54 pm ET


President Biden speaks during at an event on his tour touting the American Rescue Plan Act in Columbus, Ohio, March 23.  PHOTO: LEAH MILLIS/REUTERS

Since the passage of the American Rescue Plan Act in March, state policy makers have fiercely debated how to spend nearly $200 billion in stimulus funds. Few Americans, however, have heard plans for the $130 billion that went to cities and counties.

Despite concerns during the pandemic that the economic downturn would bankrupt local governments, we now know that they don’t need this windfall. Local governments actually saw an increase in tax revenue in 2020, thanks to growing property taxes, and they are looking at a bumper tax year in 2021. States should push these cities and counties to return the stimulus money to taxpayers by allowing citizens to vote on any new spending.

The stimulus legislation forbade states to use the money to cut taxes. It was silent on local government tax cuts, but did say those funds should be used for the relief of households and for spurring local economies. Nothing would accomplish these tasks better than cutting property and sales taxes, the two biggest sources of local tax revenue.

Not only is stimulus unnecessary for most local governments, it was distributed nonsensically. The act gave money to counties and small cities based solely on their population and to large cities based on an antiquated formula from the 1970s that benefits bluer cities in the Northeast and Midwest.

To continue reading this story from the Wall Street Journal, please click (HERE):

Mar 12

Colorado’s Competitiveness: The Challenge of Economic Recovery Under More than $1.8 Billion in New Regulations, Taxes and Fees

Prior to 2020 and the global economic and cultural upheaval caused by the COVID-19 pandemic, Colorado stood out for having strong economic growth and offering a desirable lifestyle. Coloradans had created the #1 state economy and enjoyed competitive advantages in attracting business growth and an educated workforce. In fact, in late 2019, US News World Report ranked Colorado’s business climate as one of the best in the nation.

However, after two periods of negative economic shocks in 2020, in both late spring and through the holidays, the state of business in Colorado remains under duress.

  • There were 150,000 fewer jobs in Colorado in December 2020 relative to the start of the years, representing a 5.4% cut.[i] While the statewide reduction is significant, it masks the disproportionate impacts across industries, as the leisure and hospitality industry was down 90,900 jobs by end of 2020, whereas professional and business services was up 7,100 jobs.[ii]
  • State taxable sales were down $8.9B, or -1.35%, in 2020 relative to 2019.[iii] Small business suffered, especially. As of February 10th, small business revenue was down 29.5% from January 2020 levels.[iv]
  • Colorado’s unemployment rate increased by the 2nd-most among all states, from 2.5% to 8.5%. The Colorado state unemployment ranking went from near first (4th) to almost last (48th).[v]

To continue reading this story, please click (HERE):

Apr 08

Learning from Colorado’s Success, Alaska (and Every Other State) Should Adopt a TABOR-Style Spending Cap

As explained in this short video, a spending cap limits how fast a government’s budget can grow each year.

That’s a very sensible approach, sort of like having a speed limit in a school zone, and even left-leaning international bureaucracies have concluded it’s the best fiscal rule.

That being said, not all spending caps are created equal. A fiscal rule that allows continuous increases in the burden of government spending is akin to an excessive speed limit on the road in front of an elementary school.

At a minimum, a spending cap should keep the spending burden constant (relative to the economy’s productive sector). Even better, a spending cap should fulfill the Golden Rule of fiscal policy by slowly but surely reducing the size of government.

Let’s learn from a real-world example.

Ben Wilterdink, a Visiting Fellow with the Alaska Policy Forum, explains for readers of the Peninsula Clarion that the state has a spending cap, but one that is set too high.

Alaska is in the midst of a perfect fiscal storm. …Even before the present crisis, our state faced large budget deficits and tough decisions about how to make ends meet. …That’s why adopting a functional limit on the growth in state spending is essential for long-term economic success. …a functional limit in the growth of state spending decreases the temptation to dramatically increase spending when economic times are good, creating new budget expectations that are difficult to maintain during inevitable economic downturns… Technically, Alaska already has a constitutional spending cap in place, but the formula used renders it basically meaningless. …While Alaskans can’t retroactively adopt a meaningful spending limit, we can ensure that those economic benefits are captured going forward.

So why is a spending cap now an important issue?

To continue reading this story, please click (HERE):

Nov 12

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

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.

 

 

 

Continue reading

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):

 

May 20

Colorado voters to decide whether to dilute Taxpayer Bill of Rights

The Center Square analysis

Colorado voters to decide whether to dilute Taxpayer Bill of Rights

Bills that passed during the legislative session would permanently end TABOR-granted tax refunds if voters give their approval

FILE - Voting booth polling place election

Colorado Democrats were successful in passing legislation this session that could chip away at the Taxpayer’s Bill of Rights (TABOR) if voters give the majority party what they want.

TABOR is a constitutional amendment that requires voters to approve all tax increases. In addition to being a check on tax and spending increases, TABOR requires voter approval of debt increases. The amendment also ensures taxpayers receive refunds when the government’s revenue increases faster than population growth plus inflation.

It’s also one of the most contentious and partisan issues at the Colorado capitol.

TABOR means that anytime legislators want to raise taxes, they have to seek voter approval at the ballot box. But referendums become expensive and require significant political capital, especially given Coloradans’ recent history of voting down tax increase proposals.

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