Sharf: Ending Taxpayer’s Bill of Rights refunds a deservedly tough sell to voters
Another year, another legislative attempt to erode Colorado’s Taxpayer’s Bill of Rights (TABOR).
TABOR opponents, bored with chipping away at the law’s foundations, have broken out the chainsaws. On the one hand, legislative Democrats are ignoring the plain language of TABOR and unilaterally enacting a universal income tax increase without a statewide vote, by calling it a “fee.”
And on the other hand, they are proposing a ballot referendum to waive the law’s taxation restrictions. According to TABOR, any increase in general revenue above the previous year’s plus inflation and population increase must be refunded to the people. House Bill 19-1257 would remove that restriction, allowing the state to keep any and all tax revenue, forever.
In return, the money that was kept would go to transportation, transit, public education, and higher education. Theoretically, anyway. Such a deal might seem to have some superficial appeal to Colorado voters, but recent experience strongly suggests this may be a harder sell than proponents expect.
We don’t know where Referendum C dollars go
HB 1257 is Referendum C on steroids. In 2005, voters approved a temporary “time-out” from TABOR’s spending restrictions, allowing the baseline to grow at the inflation plus population formula regardless of what revenues actually did. Referendum C has allowed the state to keep about $17 billion, including over $1.2 billion in the last fiscal year alone.
Power grabs in a republic rarely happen by brute force. They often happen quietly and steadily without fanfare or publicity. Marxist Antonio Gramsci called it “the long march through the institutions.” C.S. Lewis said “…the safest road to Hell is the gradual one–the gentle slope, soft underfoot, without sudden turnings, without milestones, without signposts.” TABOR opponents use this incremental strategy in an effort to undermine TABOR support and enforcement. How do they do this? 