Category Archives: Colorado Legislature

Sep 04

Here’s the income-tax cut and refund payment Coloradans will get because the TABOR cap was exceeded

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Here’s the income-tax cut and refund payment Coloradans will get because the TABOR cap was exceeded

According to the state controller, the cap was exceeded in the 2020-21 fiscal year, which ended in June, by about $454 million

12:14 PM MDT on Sep 2, 2021


The Colorado State Capitol is seen on Thursday, August 19, 2021, in Denver. (Olivia Sun, The Colorado Sun)

Colorado taxpayers will get a break on their income taxes and a refund payment because the state’s cap on government growth and spending under the Taxpayer’s Bill of Rights was exceeded last fiscal year.

The income tax rate will drop to 4.5% in 2021, down from 4.55%, and individual taxpayers will get an additional sales tax refund payment, on average, of about $70. Joint filers will receive $166 on average.

“These tax cuts and refunds are a strong sign that Colorado’s economy is roaring back,” Gov. Jared Polis said in a written statement. “I’m excited that Coloradans will get another income tax cut and refund that Coloradans can put toward bouncing back from the pandemic, a night out, or groceries.” Continue reading →

Aug 22

Castle Rock looks to voters to ‘de-Bruce’ for 10 years

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TABOR pause would pay for road improvements, police and fire personnel

Posted 
Thelma Grimes
tgrimes@coloradocommunitymedia.com

In November, the Town of Castle Rock will ask taxpayers to pause TABOR for 10 years. TABOR, known as the Taxpayer’s Bill of Rights, was approved in the 1990s, changing the state’s constitution to require all tax increases be approved by voters, limiting how much local and state government can spend.

Castle Rock Town Manager David Corliss said he has no problem with the part of TABOR that requires residents to approve tax increases. However, the restrictions and limits TABOR can put on a municipality to keep up with the cost of growth is a problem, he said.

TABOR is a state tax and expenditure limit that includes the following elements: It is a Colorado constitutional amendment; it restricts revenue or expenditure growth to the sum of inflation plus population change; and it requires voter approval to override the revenue or spending limits.

Colorado is the only state in the nation with TABOR.

Castle Rock Town Attorney Michael Hyman is no stranger to how TABOR has created controversy and issues for state and local municipalities trying to balance a budget. In the 1990s when TABOR was passed by voters, Hyman worked for the City of Aurora.

Click (HERE) to continue reading the rest of this story

Aug 11

Mark Hillman: State Democrats ignore voters’ voices

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Mark Hillman: State Democrats ignore voters’ voices

By MARK HILLMAN |

August 11, 2021 at 7:30 a.m.

Gov. Jared Polis and Progressive Democrat majorities at the Ssate Capitol have spent the past three years ignoring clearly-expressed voices of Colorado voters on tax and economic issues. In fact, Progressive Democrats’ disregard for many of the same voters who elected them has become so brazen that they seem to be daring voters to hold them accountable.

With commanding majorities of 41-24 in the House of Representatives and 20-15 in the state Senate, it’s understandable that Democrats are developing a sense of invincibility.

However, it remains to be seen if the Democrats’ recent surge — in 2017, they held a 34-31 margin in the House, while Republicans had an 18-17 majority in the Senate — is due to their own popularity or because Donald Trump irritated many Colorado voters.

In 2018, Colorado voters rejected (59%-40%) a tax increase to raise $700 million a year for highways and transportation. In that same election, voters said “no” (55%-45%) to draconian restrictions on oil and gas development across the state. Polis, campaigning for governor, claimed to oppose those severe oil-and-gas restrictions.

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

Aug 11

Submitting FOR or AGAINST statements in your local TABOR ballot issue notice

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 Submitting FOR or AGAINST statements in your local TABOR ballot issue notice

One great though lesser-known benefit provided in the Colorado Taxpayer’s Bill of Rights (TABOR) is the local ballot issue notice. This guide is sent by mail at least 30-days before the election to all households with one or more registered voters.

The TABOR ballot issue notice includes content and details about upcoming ballot issues which increase taxes, add debt, or suspend government revenue limits. It includes a section where registered electors have the opportunity to submit FOR or AGAINST comments, up to 500 words each.

You should know that there are two types of TABOR ballot issue notices. One notice is for the statewide elections and commonly referred to as the “Blue Book.” The other notice is for elections held by local governments such as a town, school district, or special district. You could potentially get more than one of these in the mail.

Several years back, Dennis Polhill challenged the Colorado Union of Taxpayers by pointing out that of some 300 tax issues statewide during a ballot year, only 15 had the taxpayer’s voice printed in a ballot issue notice.  That’s only 5 percent!  You can make a big difference and amplify your voice by being an author of the next ballot issue notice submittal.  May we count on you please to participate?    Considering that you reach thousands of voters, being able to submit comments in the TABOR notice costs almost nothing and takes relatively little time & energy.

Continue reading →

Jul 24

2021 Colorado legislature’s new taxes bypass TABOR

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2021 Colorado legislature’s new taxes bypass TABOR by Kevin Lundberg

 

Taxes and TABOR

As a part of my deeper dive into the 2021 bills that are now law, this week’s bills affecting taxes and TABOR are examined. In general, the bills which passed this year increased taxes and established new enterprises without calling for any constitutionally required votes from the people of Colorado.

This is far too predictable for the majority party. They use every trick in their playbook to wiggle around the clear intent of TABOR to require the people to vote on these significant new burdens on all citizens of Colorado.

However, there was one small bright spot I found.  SB-227 created the State Emergency Reserve Cash Fund, finally putting actual cash into the TABOR-required emergency fund. Since TABOR was created, nearly thirty years ago, the TABOR emergency reserve has been essentially ignored. Instead of actually setting aside cash as a reserve the legislature creatively designated assets, such as buildings as the “reserve” for emergencies. Finally, in this year, when the state coffers are full of federal debt dollars, they found some money to actually make a viable fund.

But the rest of the laws headed in the opposite direction Continue reading →

Jul 04

Colorado Ranked No. 20 for its Fiscal Health

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A new accounting report shows that Colorado did not go into the coronavirus pandemic in good fiscal shape, and it likely came out of the crisis even worse.

Truth in Accounting is an organization that was founded in 2002 by CPAs to “compel governments to produce financial reports that are understandable, reliable, transparent, and correct.” It is a nonpartisan, non-profit organization headquartered in Chicago. One of their reports, The Morning Call recently published a financial analysis of all 50 states. Their analysis included the following key facts regarding Colorado’s financial health.

Colorado is ranked 20 th of all 50 states for financial health.

Colorado owes more than it owns.

Colorado’s taxpayer burden is -$2,600, and it received a  “C” from TIA for financial management.

The taxpayer burden measurement incorporates both assets and liabilities, not just pension debt.

Colorado is a “sinkhole” state without enough assets to cover its debt.

Colorado only has $14.9 billion of assets available to pay bills totaling $20.3 billion.

Because Colorado doesn’t have enough money to pay its bills, it has a $5.4 billion  financial hole. To fill it, each Colorado taxpayer would have to send $2,600 to the state.

The state’s financial report was released 205 days after its fiscal year-end, which is considered untimely according to the  180 day standard.

Colorado legislators have been attempting to circumnavigate taxpayer restraints established by TABOR, The Taxpayers’ Bill of Rights, a constitutional amendment approved by Colorado voters in 1992.

#ItsYourMoneyNotTheirs
#ThankGodForTABOR
#VoteOnTaxesAndFees
#TABOR
#FollowTheMoney
#FollowTheLaw

The full report can be found here:

http://www.data-z.org/state_data_and_comparisons/detail/colorado

 

 

Jun 19

Colorado’s economy has recovered so quickly that the legislature will have to refund taxpayers under TABOR

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While state coffers have recovered and employment is increasing, low-income, Black and Hispanic workers still lag in job recovery

Jesse Paul and Thy Vo

11:12 AM MDT on Jun 18, 2021

The Colorado Capitol is seen on Monday, June 7, 2021, during the final days of the 2021 legislative session. (Olivia Sun, The Colorado Sun)

 

Colorado taxpayers will be refunded as much as $2.8 billion in tax revenue collected over the three fiscal years because the state’s economic recovery from the coronavirus crisis has been so swift and strong and because of growth limits under the Taxpayer’s Bill of Rights.

That’s according to two tax-revenue forecasts — one from nonpartisan legislative staffers and another from Gov. Jared Polis’ office —  presented to the legislature’s Joint Budget Committee on Friday.

The state’s TABOR cap is calculated through population growth and inflation. When the cap is exceeded, the legislature is required to refund the excess, most often through a future tax break, such as an income tax reduction. Lawmakers can seek voter approval to retain the revenue as well, but that appears unlikely to happen in the near future.

Nonpartisan fiscal analysts and the governor’s office forecast that the cap will be exceeded in the current fiscal year, the 2021-22 fiscal year, which begins in July, and the 2022-23 fiscal year, which begins in July 2022.

“The past quarter’s growth has been truly remarkable and unexpected,” Lauren Larson, director of the Governor’s Office of State Budgeting and Planning, told the JBC.

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

Jun 16

Public Statement On The Hospital Provider Case

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On Monday, June 14, the Colorado Supreme Court declined to consider the appeal of case brought by the TABOR Foundation, et. al. to stop the blatantly unconstitutional Hospital Provider tax and program.  That means the ruling of the lower Court of Appeals is the final say.

The original filing in June 2015 addressed the issue that the new bed tax was required to have voter approval under TABOR, but that the legislature had violated the citizen right.  Then in a related development, in 2017 state senator Jerry Sonnenberg revived the dormant senate bill 267 in the last few days of the session, enacting a host of terrible new laws, violating the single-subject rule and among many other bad ideas, opening $400 million/year in new taxation and spending without a TABOR vote.  Our case was amended (twice) to incorporate that abomination and we added many items to our request for remedy.

The trial court judge sat on the case for two years, not even scheduling a hearing.  Then he ruled against the citizens.  We appealed his decision.  The appeals panel found that no one had standing to sue, so prohibited the case from moving forward on the merits.  “It was as if the judges did not bother to read the written arguments or to care about the substance of the amended lawsuit,” said TABOR Committee chairman Penn Pfiffner.  “Their decision ignored all issues brought forward except for the imposition of the bed tax.  It was so insufficient, so lacking, as to be amateurish.  Unfortunately, the Colorado Supreme Court went along with the foolishness.”

Beyond adding up $400 million each year in new taxation and spending without the required vote of the people, it put the State into debt by $2 billion, which should also have required separate voter approval.  Imagine – taxpayers spend $400 million more each year and they don’t have standing!  The Court appears to have dropped any attempt to be true to the constitution and to respect that citizens are (supposed to be) in charge of their governments.

Jun 15

Colorado Supreme Court Rules On The Hospital Provider SB-267 Appeal

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As the Colorado Supreme Court will not take up the appeal of the case, then the ruling of the lower Court of Appeals is the final say.  That panel found that the TABOR Foundation did not have standing and could not continue the case on the merits.  Imagine, taxpayers spend $400 million more each year and they don’t have standing!  The Court appears to have dropped any attempt to be true to the Colorado constitution and to respect that citizens are (supposed to be) in charge of their governments.

Order of Court–pet. for Cert.–tabor Found. v. Colorado by The Forum on Scribd

Jun 03

Lawmakers looking at end run around ballot question on property tax cut

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taxes
Photo by Mark Buckawicki courtesy of Wikimedia Commons

A bill proposed in the waning days of the General Assembly would rewrite how property taxes are classified, but more directly could work around a question about lowering property taxes on the November ballot.

Colorado Politics obtained a draft of the bill to be introduced late Wednesday by Sen. Chris Hansen, a Denver Democrat, and Sen. Bob Rankin, a Carbondale Republican, to turn the two property tax classifications, commercial and residential, into five or perhaps six divisions.

In the House, the bill’s prime sponsor is Majority Leader Daneya Esgar of Pueblo.

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