Category Archives: Editorial

Apr 18

The Colorado Title Board & TABOR

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The April 20th Title Board Hearing has a notable 60 proposals on the agenda because it’s the last chance to get title set for the 2022 ballot. Although the list of potential ballot issues is long, many are variations with a slight tweak.  After title setting, the proponents must do the hard (or expensive) work of getting enough signatures.

Nearly a 1/3 of the proposals pertain to alcohol licensing, sales, and delivery.

Property taxes are another hot topic. Pro-taxpayer advocates are presenting relief in the form of a 2%-3% cap on property taxes.

Bigger government advocates propose a new tax on “Luxury Residential Real Property,” defined as $2 million or more. New revenues would be turned over to government to address affordable housing.  On that same theme, there’s a proposal to increase the income tax rate which would be spent on government-overseen affordable housing.

Another group wants to increase taxes from income tax by reducing deductions, putting increased taxation towards free school lunches for certain public schools – an expenditure of $60 – $140 million dollars a year.

Protecting the Taxpayer’s Bill of Rights begins before a ballot issue hits the street. The public can testify at the title setting meeting to get transparent language about the financial effects. If you’ve been around Colorado long enough you know that proponents of tax increases will actually try to have the question read, “without raising taxes” if they can get away with it. As we know, if you end up with less money in your pocket because of a tax policy change, that’s a tax increase.

Currently, there’s a legal battle just filed with the Supreme Court over initiatives #62-65, called Additional Revenue to State Education Fund.  Proponents are attempting to claim the measures are not a tax increase. Any of the four variations would reduce or completely eliminate our expected rebates from the Taxpayer’s Bill of Rights over the next two years. Since there is no sunset, we would give up a substantial amount of our future refunds if #62-65 moves forward.

You can find the ballot proposals at the Colorado Secretary of State website under Elections & Voting and Initiatives & Title Board. You’re looking for the section titled Awaiting Initial Hearing.

You can testify remotely. The meeting is Wednesday, April 20 starting at 9 am. https://attendee.gotowebinar.com/register/3996912106274902539

Email the Title Setting Board at initiatives@coloradosos.gov. Emails should be sent by Tuesday midday at the latest. Otherwise, listen in remotely and chime in when it’s time. It’s going to be a long meeting.

 

Natalie Menten
TABOR Board Member

Mar 01

Update on Colorado’s Legislative Council Staff and Proposition 116

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In 2020, Colorado voters approved Proposition 116, which reduced the state’s income tax rate from 4.63 to 4.55 percent. Due to the state’s application of certain provisions of TABOR, however, taxpayers will effectively lose out on the rate reduction for the first several years.

Naturally, voters expected that Proposition 116 would allow them to keep more of their own money. A close look at documents maintained by Legislative Council Staff (LCS), however, reveals that things did not work out how voters expected. Tax rates went down, but constitutionally mandated tax refunds — known as “TABOR refunds” — fell by the exact same amount, negating taxpayer savings from the voter-approved tax cut.

It’s a bit complicated, but here’s how it works.

Article X of the state constitution — commonly known as the Taxpayer’s Bill of Rights, or TABOR — sets limits on the amount of tax revenue the state can collect each year. If revenues, including income-tax collections, surpass the TABOR limit, the excess gets refunded back to voters.

Picture state coffers as a silo and revenues as grain filling it up. In a good year, there may be more bounty than what the silo can hold. In that case, the overflow goes back to the people.

Each year, the limit — or the size of the silo — increases based on population growth and inflation, allowing government spending to grow automatically. If the state wants to collect or keep tax monies at a level higher than automatic growth permits, it must win voter consent at the ballot.

When voters reduced revenues last year, they voted to decrease the amount of grain put into the silo by a specified amount. In executing the will of the people, the state reduced the amount of grain but put it in the same, larger silo. At the lower income-tax rates, the harvest (i.e. revenues) would have to be exceptionally good to fill up the same silo and trigger a refund.

Incidentally, state revenue forecasts show very bountiful times ahead and refunds for at least four consecutive years despite all this. That means that for at least this year and the next three, smaller refunds will offset the voter-approved tax cuts unless additional reforms are adopted.

Read plainly, TABOR appears to guard against this outcome by requiring the limit to be “adjusted for revenue changes approved by voters.” LCS evidently has a different interpretation—one which has effectively stripped voters of their tax cut.

Governor Jared Polis has lauded the income tax cut on multiple occasions and even said that he supports eliminating the state income tax entirely. He can demonstrate fidelity to his own rhetoric and to the state constitution by directing the Colorado Department of Revenue to adjust the TABOR limit for the “revenue changes approved by voters” with Proposition 116.  Alternatively, the General Assembly could set a new, lower TABOR limit to reflect the new tax rate. Either solution would cause voters to receive their full refunds and benefit from the income tax reduction they adopted in 2020.

Ben Murrey, Fiscal Policy Center Director with the Independence Institute

 

 

Oct 16

TABOR Committee position on Proposition 120

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The TABOR Committee urges a YES vote on Proposition 120, “Property Tax Assessment Rate Reduction.”

The proposal would put into law the assessed values for residential and commercial property for purposes of calculating annual property taxes.  It would lower the calculated tax burden by about $1 Billion.

The repeal of the Gallagher Amendment was argued as a way to simplify the tax system and make it more rational.  It also resulted in higher expected property taxes.  This proposal reduces the expected property taxes.  After the measure qualified for the ballot, the legislature acted to thwart the will of the people by passing a bill which vastly reduced the effect.  Voting for the measure will certainly lead to a necessary legal challenge, based on the standing legal theory that the most recent change in statute (the passage of the Proposition) becomes the new controlling law.  Not only is this measure’s underlying tax reform a good idea, but the fall-out will be critical in preventing future legislators from denying the people the right of the initiative through dishonest subterfuge.

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

Oct 16

TABOR Committee position on Proposition 119

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The TABOR Committee urges a NO vote on Proposition 119, “Learning Enrichment and Academic Progress Program.”

The initiated measure would change state law to increase taxes by $137.6 Million on marijuana.  Proceeds would go to a new program and agency to fund K-12 after-school activities.

That this concept includes voucher-like opportunities is a good, but insufficient reason to support the measure.  Yet another new centralized state government program is unlikely to solve the problems, will have a significant administrative burden and necessarily get bogged down in red tape, funding too much bureaucracy and too little programming.  Additionally, ever-higher taxes on marijuana will encourage the lower-cost, criminal underground market for pot.

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

 

 

 

 

Oct 16

Announcing the TABOR Committee’s position on Amendment 78

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The TABOR Committee urges a YES vote on Amendment 78, “Legislative Authority for Spending State Money”

This constitutional amendment respects the separation of powers by putting the General Assembly into the process of appropriating revenues received by the state government.  As the system works now, only the Executive branch (Governor and his appointed agencies) determine how federal grants, like COVID relief funds or money from legal settlements, are spent.

The legislative process allows for public comment and input, which is absent under the current system.  Passage of this measure would put that process in place, respecting an intent of the Taxpayer’s Bill of Rights.  The TABOR Committee is also alarmed that so much power is currently in the hands of one person, which violates one of the founding principles of American governance.  Some concern exists that taxes currently counted toward the TABOR annual limitation will be made exempt, but the Committee was unable to identify any.  Therefore we endorse the proposed measure for respecting the proper separation of powers.

Sep 28

EDITORIAL: $4 billion in returns will fuel the economy

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Tails should not wag dogs. It defies physics, not to mention the will of the dog. Tails should wag dogs no more than politicians should decide the size and scope of a government established by the governed to serve the governed. A roaring economy should never increase the size and scope of government unless the people demand it.

The residents of Colorado have made clear they don’t want more government. They believe the state has all the money it needs. They reiterated this conviction just two years ago when they trounced Proposition CC, a proposal to let the state keep revenues above a floating state spending cap determined by an equation of inflation and population growth.

Just last year, voters went a step further and lowered the Property tax from 4.63% to 4.55%, and probably would have voted for a lower rate had they been given the option.

One reason this center-left blue state wants to throttle back government spending is the general discontent the public has with the way politicians treat their money.

To read the rest of this editorial, please click (HERE):

Sep 23

State’s economic recovery expected to fuel billions in TABOR refunds

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Colorado taxpayers should expect to see Taxpayer’s Bill of Rights refunds for the next several years, provided state revenues continue to do well over that time, state economists told lawmakers Tuesday.

Those economists told the Colorado Legislature’s Joint Budget Committee that their third-quarter revenue forecasts are showing that if the economy continues to bounce back from last year’s pandemic downturn the way it is right now, the state could see more than $4 billion in surplus revenue over the next four years.

That’s money over and above what the 1992 TABOR and 2005 Referendum C voter-approved amendments allows the state to retain, meaning it all is to be refunded to taxpayers when they file their income tax forms starting next year.

As things stand now, the Legislature expects to refund about $471.4 million next year, $1 billion in 2023, $1.2 billion in 2024 and $1.4 billion in 2025, the economist estimated.

That’s all possible because the state’s economy overall is at or near at pre-pandemic levels.

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