Category Archives: Colorado Legislature

Dec 19

Littleton flyer cost school district near $10,000

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A flyer recently mailed to Littleton Public Schools (LPS) residents asking them to contact their state legislators about an education funding plan cost the district nearly $10,000.

LPS Superintendent Brian Ewert sent out a newsletter earlier this month asking residents to support a possible bill that would remove the hospital provider fee from the general fund and convert it to an enterprise fund – thereby exempting the fee from counting toward the state’s constitutional revenue limit under the Colorado Taxpayer Bill of Rights (TABOR) and potentially opening the door to increased education funding.

The hospital provider fee is a fee charged to hospitals for each bed used by a patient daily. The revenue goes to fund the state’s expansion of Medicaid. By removing it from the general fund, it is predicted it would free up more than $600 million under the TABOR’s revenue cap. That would prevent automatic refunds to Colorado residents and possibly allow for more education funding.

Joint Budget Committee Chairman Kent Lambert-R has called the controversial maneuver a shell game in its effort to skirt TABOR laws.

The tri-fold, full-color, glossy mailer from the school district is Ewert’s first informational flyer since taking over as superintendent this year Continue reading →

Dec 19

Prominent Denver business groups urge legislators to tweak hospital provider fee, fund roads

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Colorado business groups are ramping up the debate over the state’s hospital provider fee, warning that if lawmakers don’t change how the state accounts for the money the fee generates, they’ll “almost certainly force” a tax increase to address Colorado’s crumbling roads instead.

The letter was sent to leaders of both chambers of the Legislature on Wednesday, calling on lawmakers to set revenue from the hospital fee aside in a so-called “enterprise fund” that wouldn’t be subject to limitations imposed by the Taxpayers’ Bill of Rights.

The letter is mainly directed at Senate Republicans, whose opposition killed a bill on the provider fee in the last session of the Legislature after it had already cleared the Democratic-majority House..

The business groups constitute a crucial support sector for GOP-sponsored legislation. The letter to leadership on the hospital fee is meant to give cover to Republican leaders who are feeling pressure from more conservative elements of the party that want to block the enterprise fund idea — or who want to repeal the fee altogether.

“Republicans are certainly sensitive to the needs of the business community. The Senate Republicans have a track record of fighting for businesses,” said Tony Milo, executive director of the Colorado Contractors Association, one of the organizations backing the request. “We want to point out this is something important to businesses.” Continue reading →

Dec 08

Hospital provider fee is a billion dollar political fight in Colorado

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Hickenlooper calls for pulling the money from TABOR limits

 

A $1.2 billion system that provides health care to thousands of Colorado residents is becoming a political and fiscal headache for Gov. John Hickenlooper and lawmakers — one likely to dominate the 2016 legislative session.

The hospital provider fee program is expected to collect more than $750 million in fees in the next budget year and help propel state revenues over the TABOR limits, forcing the state to issue taxpayer refunds and reduce spending in key areas.

The dichotomy is driving the Democratic governor’s push to overhaul the program, despite being rebuffed by lawmakers earlier this year, and renewing questions about how the fee works.

More than usual, the greatest obstacle is politics. The debate represents a confluence of polarizing issues, from the Taxpayer’s Bill of Rights to the expansion of Medicaid under President Barack Obama’s health care law.

Click here to read the rest of the story

Nov 29

Appendix E: TABOR, Article X, Section 20, Colorado Constitution

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Article X, Section 20. The Taxpayer’s Bill of Rights.
(1) General provisions. This section takes effect December 31, 1992 or as stated. Its preferred interpretation shall reasonably restrain most the growth of government. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions. Other limits on district revenue, spending, and debt may be weakened only by future voter approval. Individual or class action enforcement suits may be filed and shall have the highest civil priority of resolution. Successful plaintiffs are allowed costs and reasonable attorney fees, but a district is not unless a suit against it be ruled frivolous. Revenue collected, kept, or spent illegally since four full fiscal years before a suit is filed shall be refunded with 10% annual simple interest from the initial conduct. Subject to judicial review, districts may use any reasonable method for refunds under this section, including temporary tax credits or rate reductions. Refunds need not be proportional when prior payments are impractical to identify or return. When annual district revenue is less than annual payments on general obligation bonds, pensions, and final court judgments, (4) (a) and (7) shall be suspended to provide for the deficiency.

(2) Term definitions. Within this section: (a) “Ballot issue” means a non-recall petition or referred measure in an election.

(b) “District” means the state or any local government, excluding enterprises. Continue reading →

Nov 29

Budget, elections reforms suggested to improve Colorado

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Budget, elections reforms suggested to improve Colorado

Coalition looks at conflicts from TABOR

By Peter Marcus Herald staff writer

Article Last Updated: Saturday, November 28, 2015 6:02pm

 StockCapitolFull22214

Getty Images/iStockphoto

The Building a Better Colorado coalition is seeking to address the ease with which Colorado’s constitution is amended, decreased participation in elections systems and an “imbalance” between citizens’ expectations of government services and the ability to meet desires.

DENVER – A coalition aimed at examining reforms to budget and elections processes in Colorado identified restructuring a hospital fee and strengthening rules governing citizens initiatives as solutions to ease conflicts and challenges facing the state.

The Building a Better Colorado coalition – comprised largely of civic and business leaders – sought to address the ease with which Colorado’s constitution is amended, decreased participation in elections systems and an “imbalance” between citizens’ expectations of government services and the ability to meet desires.

The recommendations could be placed before voters to decide next year.

Critics have labeled the coalition another statewide tour to gather support to raise taxes by eliminating protections under the Taxpayer’s Bill of Rights, or TABOR. Continue reading →

Nov 11

Under the Dome: Tough budget work about to begin

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bob rankin

Rep. Bob Rankin

After a week of great fall weather, it was snowing hard at my house the last two mornings. Summer was way too short. Joyce and I go back to Denver this week and start activity that will be nonstop through next May. But we’re not complaining. It’s an honor to represent Northwest Colorado in the Legislature, and we look forward to what’s coming.

The six-person Joint Budget Committee (JBC), of which I’m a member, starts hearings Thursday. We’ll be grinding through the performance measures, organization and budgets of 22 state government departments. Our wonderful nonpartisan staff members spend all year analyzing every aspect of all the departments in detail and then, in their first presentation, shovels it to us in a few hours. They seem to have a sincere belief that we can absorb so much information and data. The committee asks a lot of questions, and the department comes back another day and answers our questions. We put together a balanced budget by March and present it to both houses of the Legislature.

The JBC starts with a budget recommendation from the governor that is synthesized from department inputs and revenue forecasts. This year looks to be problematic, and I expect a tumultuous process to get to our March budget. To start with, the forecasts (they will change twice before March) indicate a $160 million shortfall for the current fiscal year that ends in July. The recommendation is that we take this sum from our 6.5 percent reserve and replace the reserve next year. Continue reading →

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

Oct 12

The attacks on TABOR continue

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October 11, 2015

By Amy K. Frantz , Toledo Chronicle, Tama News-Herald

Do Legislators have a Constitutional right to impose taxes on citizens and to deny citizens any veto power over those actions? A group of politicians in Colorado seems to think so, and are continuing their quest to overturn the Taxpayer’s Bill of Rights, or TABOR, from the Colorado State Constitution.

In Colorado, citizens are permitted to place measures on the ballot by initiative petition, and in 1992 the TABOR Constitutional Amendment was adopted by Colorado voters. TABOR requires majority voter approval to increase tax rates, to take on new debt, or to increase spending more than the rate of inflation plus state population growth.

In the original provisions of TABOR, any revenue collected in excess of the spending limit, plus an emergency relief fund of 3 percent of fiscal year spending, had to be returned to the taxpayers in the form of rebates. However, in 2005 Colorado voters approved a measure to forego the rebates for five years, following a scare campaign conducted by the state’s big spenders.

Continue reading →

Oct 11

YES: It’s what voters wanted

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Employee Nikki Desiderio explains different marijuana products to customers at the Helping Hand recreational marijuana store in Boulder. (Jeremy Papasso,Employee Nikki Desiderio explains different marijuana products to customers at the Helping Hand recreational marijuana store in Boulder. (Jeremy Papasso, Daily Camera)

Opinion

YES: It’s what voters wanted

Proposition BB, the only statewide issue in Colorado’s elections this November, asks voters to “allow the state to retain and spend $66.1 million, which has already been collected, rather than refund it to taxpayers.”

Supporters of limited and cost-effective government understand the importance of reminding politicians and bureaucrats whose money they’re spending. Refunds of tax revenue are perhaps the single most-effective way of doing so. However, Proposition BB relates specifically to the refund of excise and sales taxes on marijuana, taxes approved by Colorado voters in 2013 through Proposition AA as required by the 2012 passage of Amendment 64, which legalized recreational marijuana in Colorado.

If BB were to fail, the functional impact would be for the state not to have collected any of the voter-approved 15 percent state excise tax or 10 percent state sales tax on retail (non-medical) marijuana sales.

Two key points, as explained by the Legislative Council staff:

To continue reading this story, click this link: http://www.denverpost.com/opinion/ci_28945795/yes-its-what-voters-wanted

 

Oct 06

TABOR plans for years of taxpayer refunds

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TABOR plans for years of taxpayer refunds

By Staff
Saturday, October 3, 2015

Under the 1992 voter-approved constitutional amendment known as the Taxpayer’s Bill of Rights, state and local governments are limited on how much they can grow their budgets.

Under the amendment, those year-over-year budget growths are based on a complicated formula subject to population growth and inflation.

Tax revenues that exceed that cap must be refunded to taxpayers, and that’s done depending on just how much revenue has exceeded the limit.

State economists say revenues from last year’s fiscal year, which ended June 30, resulted in a surplus of about $153.6 million. That means taxpayers will see a refund when they file their income tax returns next year, which is expected to average between $15 and $20 for individual filers.

Projections for the next two fiscal years are expected to be even higher: $252.5 million for the current fiscal year, which would be refunded with 2017 tax returns, and $352 million for the year after that.

If the hospital provider fee idea is approved during the next legislative session, which begins in January, it would eliminate the 2017 and 2018 refunds, but not the one planned for next year.

The fee, which is used to fund expanded Medicaid coverage, is collected from hospitals. But because it is counted as revenue for the state, it puts the state in a situation where the TABOR revenue cap is exceeded, triggering a mandatory refund. And that has the effect of cutting into funding for other state services, such as transportation and education.

Source: Colorado Legislative Council

http://www.gjsentinel.com/news/articles/tabor-plans-for-years-of-taxpayer-refunds