Category Archives: Colorado Legislature

Apr 11

Study: Colorado has sixth lowest tax burden in U.S.

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Study: Colorado has sixth lowest tax burden in U.S.

FILE - Denver, CO
Denver, Colorado

jackanerd | Shutterstock.com

Colorado’s state and local tax burden was the sixth lowest in the U.S. in fiscal 2016, according to a recent report produced Key Policy Data (KPD), a joint venture between Public Choice Analytics and Visigov.

The report relies on an income-based analysis dividing the state’s total tax collections by its private sector personal income. The national average using this methodology was an overall local and state tax burden of 14.3 percent of income; Colorado’s was 11.8.

KPD compared the burden of tax systems across states by measuring tax collections against the size of the economy. It defines this as the “total private sector share of personal income, which is personal income minus government compensation and personal current transfer receipts” such as Social Security, Medicare and Medicaid.

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Apr 11

Colorado’s Taxpayer Bill of Rights Should Be a Model for All States

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Colorado’s Taxpayer Bill of Rights Should Be a Model for All States

by Heather Madden

In 1992, the Taxpayer’s Bill of Rights (TABOR) Amendment was adopted by Colorado voters to limit government growth and to put Coloradans in control of tax and debt increases. Under TABOR, the state and local government cannot raise taxes or increase the debt without voter approval.

TABOR is unique to Colorado. Currently, no other state in the union has a Taxpayer’s Bill of Rights.

There are important reasons why TABOR is not only justifiable, but necessary.

  1. More Democratic – Referendums are a more democratic way to make decisions on government spending. When it comes to raising taxes or increasing the debt, voters, not legislators—who may be beholden to outside interests—should have the final say. After all, taxpayers are ultimately the ones on the hook for tabs run up by the state. Remember the whole “No taxation without representation” thing? This is about the consent of the governed, a principle so important… it sparked the U.S. Revolution.
  1. Financial Freedom –Under TABOR, lawmakers lack the power to impose higher taxes without consent from the voters. As Grover Norquist, President of Americans for Tax Reform, put it:

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Apr 06

Lawmakers Are Close To A New State Budget. Here’s Where Money Is And Isn’t Going

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Colorado lawmakers have all but signed off on the biggest budget in state history. The $28.9 billion spending plan invests taxpayer dollars in roads, schools and the state’s troubled pension fund.

Unlike in previous years, lawmakers had a $1.3 billion surplus to split between their different priorities. The extra money is thanks to a booming a economy and the federal tax reform package, according to state economists. While a surplus has eased tensions among lawmakers jockeying for priorities, it also has them scrambling for the extra dollars.

The Senate added a number of changes to the budget Wednesday night. The chamber is scheduled to take a final vote on it’s version this week before a bipartisan committee begins ironing differences with the House version. The deadline for final passage is the end of next week. Here’s where the money is — and isn’t — headed.

No TABOR Refund

In Colorado, the Taxpayers’ Bill Of Rights limits the amount of money lawmakers can spend before they have to supply refunds to taxpayers. Lawmakers don’t expect to hit the TABOR cap over the next fiscal year, so Coloradans won’t be getting a refund check next year. Part of the reason for that has to do with a major financial compromise struck last year. It recategorized a fee paid by hospitals, which created room for spending beneath the TABOR limit.

Fix Roads And Bridges

The budget allocates $495 billion for one-time spending on road projects. That’s a fraction of the $9 billion the Colorado Department of Transportation says it needs to modernize transportation infrastructure around the state. But the spending is in line with a request from the governor and a compromise transportation bill approved in the Senate last week. That plan would use the money to buy time for voters to consider a citizen initiative in November to raise sales taxes for road funding. If that fails, the compromise would trigger another initiative asking voters for new transportation bonds in 2019. Continue reading →

Feb 10

Grover Norquist: Republicans produce nationally, but in Colorado they betray taxpayers locally

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by Grover Norquist | 

Some Republican state legislators remind us that no one’s life is a complete waste — some simply serve as bad examples. One of those bad examples can be found in Colorado. (AP Photo/P. Solomon Banda)

Congress just proved an amazing thing happens when Republicans remember to govern as Reagan Republicans.

The most substantial tax overhaul since the Reagan years has sparked our economy. Republicans in Congress gathered the courage to face down the pro-tax media, special interests, and the opposition of every single Democrat in Congress to help families keep more of what they earn. Already tax reform has resulted in at least 285 companies announcing wage increases, bonuses, and higher 401(k) matches for 3 million workers. Utility companies are reducing rates in response to the Tax Cuts and Jobs Act. Continue reading →

Feb 03

The Republican grand betrayal that just keeps getting worse

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PUBLISHED: 

To comprehend how that’s possible, we need to understand the largest betrayal of Republican values in Colorado political history: the tax-hiking, debt-raising, TABOR-busting Senate Bill 267, sponsored by Republican state Sen. Jerry Sonnenberg and enabled by the schizophrenic leadership of Senate President Kevin Grantham.

The beauty of our Taxpayer’s Bill of Rights is that taxes and debt can grow as high as any communist would like, all you have to do is ask the voters first. But elected officials, doing their best Bernie Madoff, don’t want to ask for consent when they know the answer is going to be “no.” They re-label taxes as “fees” and debt as “certificates of participation,” so the Colorado Supreme Court lets them take our money without our voter consent.

In 2009, without asking, the state forced an extra tax on us when we’re sick and have to go to the hospital. In their best George Orwell, the legislature named this tax “The Hospital Provider Fee,” as if hospitals, not patients, pay it. The new “fee” generated more than $650 million in 2016, pushing Colorado’s revenue over its TABOR cap.

Click (HERE) to read the rest of this story

 

 

Jan 30

Legislators find way to restore pot-tax funding to RTD, museums

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Legislators find way to restore pot-tax funding to RTD, museums

A RTD train sits at the corporate office, located between the Evans and Broadway stations.

By Ed Sealover  –  Reporter, Denver Business Journal

Jan 30, 2018

Regional Transportation District trains, Scientific and Cultural Facilities District museums and other beneficiaries of special-district funding soon will be on a path to again receive the revenues from retail marijuana sales that they’d been losing since July.

Colorado senators on Tuesday approved a “fix” for the language that has left those districts unable to collect sales taxes for cannabis sales within their district since shortly after an omnibus funding bill from the 2017 session was signed into law. Affected organizations have warned that while the problem has not led to program cuts yet, it could do so in the future if it’s not remedied.

The fix to the error made in Senate Bill 267 is not one with unanimous support, having passed to the House Tuesday on a final vote of 24-10. Republican leaders warned not only that they feel the bill is unconstitutional, but that districts that re-start the collection of marijuana taxes without a vote of the people may be challenged in court.

Still, the organizations likely to begin receiving more money in the near future cheered Thursday’s vote to pass Senate Bill 88 out of the Republican-majority Senate and onto the Democrat-led House, where leaders have expressed support for the fix.

“Right now we’ve been able to absorb that loss of revenue. But long-term it’s definitely going to affect what we’re able to do,” said Scott Reed, assistant general manager for communications at RTD, which has lost about $500,000 a month. “This is a step in the right direction to correct the inadvertent mistake from Senate Bill 267.” Continue reading →

Jan 17

Americans for Prosperity offer ‘Road to Freedom’ to Colorado lawmakers

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Americans for Prosperity offer ‘Road to Freedom’ to Colorado lawmakers

Author: Joey Bunch – January 17, 2018 – Updated: 19 hours ago

Americans for Prosperity(Courtesy of Americans for Prosperity)

You won’t find Bob Hope or Bing Crosby but Americans for Prosperity are urging Colorado lawmakers to take the “Road to Freedom,” the conservative organization’s legislative agenda.

Colorado Politics scored an early review of the AFP’s positions on energy, education, transportation and the  Taxpayer’s Bill of Rights.

You can read the document by clicking here.

“We made great strides in 2017 defending TABOR and advancing policies that promote economic freedom,” Jesse Mallory, AFP’s state director and the former Colorado Senate Republicans’ chief of staff, said in a statement.

Continue reading →

Jan 14

A 25-cent Colorado plastic bag tax proposed by Rep. Paul Rosenthal and Sen. Lois Court

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Author: Joey Bunch – January 13, 2018 – Updated: 17 hours ago

The bill, if passed, would refer a measure onto the ballot to ask Colorado voters to approve a tax on plastic bags from the supermarket. The tax would be a quarter, the same amount whether the customer at the checkout counter uses one bag or several. The proceeds would go to grants and loans to local governments and building contractors to build or retain affordable housing in Colorado.

The text of House Bill 1054 can be read by clicking here.

Compared to runaway housing prices, the bag tax comparably is a small price to pay, The tax, they project, could raise $50 million a year.

“No matter where I go or who I talk to, the sky-high cost of housing is the number one concern that I hear,” Rosenthal said in a statement.

Court said, “Even with the construction of a large number of new condos, the leases are expensive and not bringing down the cost of housing in the city,” she said. “We see many areas of the state dealing with this issue—it’s not just the Denver metro area.”

As a bonus, the tax would encourage the use of reusable or paper bags and raise awareness of plastic bag waste in Colorado.

“Plastic bags pollute and litter our environment, plus they’re an eyesore and they don’t biodegrade,” Rosenthal said. “We have to be far more aggressive when it comes to curbing our daily waste, which only adds to the mountainous heaps of garbage that currently litter our state.”

Several Colorado cities already tax plastic bags, “proof that the system works in the state,” according to Rosenthal.

Boulder passed a 10-cent fee on all disposable paper and plastic bags and reduced in 2013, and the next year bag use dropped 69 percent in the city, the Boulder Daily Camera reported.

The bill carves out exemptions for restaurants and those eligible for the Supplemental Nutrition Assistance Program.

 http://coloradopolitics.com/plastic-bag-tax-colorado/
Jan 12

County faces lawsuit over 2012 sheriff’s tax 

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County faces lawsuit over 2012 sheriff’s tax

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A sales tax funds nearly a quarter of the Sheriff’s Office staff. - PAM ZUBECK

  • Pam Zubeck
  • A sales tax funds nearly a quarter of the Sheriff’s Office staff.

A version of this story first appeared on the Indy‘s news blog, The Wire.

When El Paso County asked voters in 2012 to impose a .23 percent sales tax to fund the Sheriff’s Office, the ballot question said the new tax would raise “approximately $17 million” annually.

Turns out, it raised $17,898,721 in the first year and even more every year since. But the county hasn’t made a move to either lower the tax or refund the extra money.

Now, anti-taxer Douglas Bruce wants to force the issue. He filed a lawsuit on Dec. 26 seeking a refund to taxpayers of that roughly $900,000, with 10 percent interest per year for four years, and a reduction in the tax rate to prevent future excess collections.

That’s what he says is required by the Taxpayer’s Bill of Rights, a state constitutional amendment that Bruce authored, which was adopted by voters in 1992. TABOR states that if a tax increase generates revenue that exceeds an estimate contained in the election notice ballot measure, the tax rate must be lowered in subsequent years and the excess refunded in the next fiscal year.

“They are only supposed to get whatever they asked for,” Bruce says, noting in the lawsuit that TABOR provisions were designed to “prevent government from ‘lowballing’ the true cost of what it requests in order to lure voters to support it.” Continue reading →

Nov 14

TABOR Hearing Update

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This morning the TABOR Foundation brought a lawsuit before the Colorado Supreme Court.  As the Plaintiff, we have charged that both Denver’s Regional Transportation District (RTD) and its Scientific and Cultural Facilities District had violated the requirements of the Taxpayer’s Bill of Rights when they started imposing sales taxes on items that had been exempt; items that the Districts did not have voter approval to tax.  The arguments were presented on appeal to the State’s highest court.  Our Foundation was ably represented by attorney Steve Lechner of Mountain States Legal Foundation.  He faced alone the four attorneys employed by the governments on the other side.  Our side had lost at both the District (trial) level and at the Colorado Court of Appeals.

We knew going in that the Court is skewed to the Left and consistently finds reasons to subvert the clear language of TABOR.  One Justice, Gabriel, asked a hypothetical about getting broad-brush voter approval that, because as the Justice admitted, it was not applicable to this case.  Mr. Lechner nailed a question by Justice Marquez.  She had asked him if a precedent out of Mesa County could mean that the entire argument about voting on a tax policy change was irrelevant as long as revenues did not exceed the overall District TABOR limit.  Lechner cited to her chapter and verse on why the particulars of that precedent were wrong.

Steve Lechner also gave a summary that laid out the proper path for the Court to follow, showing that our lawsuit does not ask to have the statute declared unconstitutional, since it merely provides the necessary legislative permission for the newly imposed taxes.  We don’t even ask that the relevant statute be overturned; only that the Districts then take the next logical step and ask the voters for permission to impose those taxes.

In my experience, we will have to wait several months for a Ruling to be issued.  The TABOR Foundation thanks Mountain States Legal Foundation for its free representation and its thorough, excellent work.  Both organizations has seen this through as far as we can, and the Supreme Court’s ruling will conclude the issue.

Penn Pfiffner
Chairman, TABOR Committee