Category Archives: Education

Dec 04

State Supreme Court turns down Hickenlooper on Gallagher/TABOR review

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State Supreme Court turns down Hickenlooper on Gallagher/TABOR review

Colorado Supreme Court building
The Ralph L. Carr Colorado Judicial Center in downtown Denver is the home of the Colorado Supreme Court, the state Court of Appeals and the office of the state attorney general.

(istock/getty images)

The Colorado Supreme Court on Monday turned down a request from Gov. John Hickenlooper that sought to resolve what he believes are conflicts between the Taxpayer’s Bill of Rights (TABOR) and the Gallagher Amendment.

The Court did not provide a reason in denying the request.

Hickenlooper submitted “interrogatories” — a series of questions —  on Nov. 20 that asked the Court to look at the conflicts between TABOR, passed by voters in 1992, and Gallagher, adopted by voters in 1982. Critics say the conflict is siphoning off tax revenue for schools and local government services, such as firefighting.

Those conflicts are “preventing local governments from funding even limited essential services,” Hickenlooper’s filing with the court said. “… It has resulted in the steady erosion of the budgets of local governments in communities throughout the state that rely on property taxes.”

The erosion is about to get a lot worse.

Continue reading →

Nov 09

A sit-down with Jared Polis day after winning Colorado governor’s race

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INTERVIEW: Jared Polis on energy, death penalty, TABOR and more

Author: Next with Kyle Clark, 9News – November 9, 2018 –

Colorado Gov.-elect Jared Polis is interviewed Nov. 7 on “Next with Kyle Clark.” (KUSA-9News, Denver)

Shortly after he was elected governor of Colorado, Jared Polis sat down with 9News anchor Kyle Clark to discuss his historic victory and his plans.

During a 10-minute conversation, which aired Nov. 7 on 9News’ “Next with Kyle Clark,” the Democrat weighed in on oil and gas regulation, the death penalty, TABOR and taxes, and on being America’s first openly gay candidate to be elected governor.

Here’s a transcript of Clark’s interview with Polis. And watch the full interview below.

Kyle Clark: Governor Elect Jared Polis, congratulations. Welcome back to “Next.”

Jared Polis: Thank you, Kyle. Pleasure to be here.


Clark: Colorado voters gave Democrats sweeping control of state government last night, yet they also rejected two statewide tax increases and rejected increased restrictions on oil and gas drilling. What’s your takeaway from all that together? Continue reading →

Oct 22

Ballot initiative seeks to increase taxes by $1.6 billion

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Admin’s note: Vote NO on 73. It’s not “for the kids” as supporters of this TAX INCREASE say. This ballot question is a liberals spending dream and an end run around TABOR. Education already gets a funding increase every year since Amendment 23 passed in 2000. It’s too bad that student’s achievement results didn’t rise. More money does not equal better outcomes. TABOR will survive this misguided attempt.

Ballot initiative seeks to increase taxes by $1.6 billion; could end Colorado’s Taxpayer Bill of Rights

A controversial ballot initiative would raise taxes on Coloradans by $1.6 billion to increase funding for public schools if approved. Opponents argue it also would make the constitutionally protected Taxpayer Bill of Rights (TABOR) impotent.

Amendment 73, the Establish Income Tax Brackets and Raise Taxes for Education Initiative, seeks to amend the state constitution to replace Colorado’s flat rate income tax with a progressive income tax. Individuals earning more than $150,000 would be taxed more and the corporate income tax rate would increase. The revenue collected from the tax hikes would go into a newly created Quality Public Education Fund.

The state constitution requires a 55 percent supermajority vote for the initiative to become law.

“‘Take your success elsewhere’ should be the signs erected if Colorado approves Amendment 73,” Penn Pfiffner, former state legislator and chairman of the board of the TABOR Foundation, told Watchdog.org. “The Taxpayer’s Bill of Rights properly treats everyone equally, requiring the same income tax rate be applied to everyone. Currently, if you make more money, you pay more, but only at the rate that everyone else pays. This proposal would change that, bringing an attitude that the upper middle class and wealthy should be attacked and made to pay increasing amounts. It is the worst concept in raising taxes.”

A group of opponents of the measure launched a “Blank Check. Blatant Deception. Vote No on 73,” campaign, arguing the ballot language is deceptive. It tried to have the question removed after the required deadline and Colorado’s secretary of state rejected its complaint. Continue reading →

Sep 21

Most Coloradans aren’t getting a TABOR tax refund – for now – according to latest revenue forecast

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Most Coloradans aren’t getting a TABOR tax refund – for now – according to latest revenue forecast

The state collected $37.5 million more than it’s allowed under TABOR

By  | astaver@denverpost.com | The Denver Post
PUBLISHED:  | UPDATED: 

Most Coloradans won’t get a TABOR tax refund next spring even though the state collected millions more dollars than it’s allowed to keep, according to the quarterly revenue forecast presented to lawmakers Thursday.

The Taxpayer Bill of Rights, or TABOR, limits how much money Colorado can collect from residents each year. Whatever comes in above the limit has to go back to the people. And for the fiscal year that ended in June, that’s a total of about $37 million.

However, a 2017 law requires the first refunds go to the state-administered senior homestead exemption and disabled veterans property tax exemption before they go to everyone else.

Exceeding the TABOR limit is a sign of the Colorado economy’s continued growth — even beyond the expectations of just a few months ago. In the last quarterly report, in June, state forecasters thought revenue would come in under the TABOR cap by $93 million.

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

Sep 05

Amendment 73 property tax changes detrimental to non-school district taxing authorities

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Miller: Amendment 73 property tax changes detrimental to non-school district taxing authorities

 By 

There would be four additional income tax brackets on top of the current 4.63 percent single rate for individual filers, with a top rate of 8.25 percent, along with a 30 percent increase in the corporate income tax.

To stabilize school district property tax revenues, the writers of the amendment went into the property tax laws and did some embellishing there, too. They should have stopped with the income tax.

The Gallagher Amendment, passed in 1982, is the foundation of our property tax system. Gallagher specifies that 45 percent of all property taxes paid statewide are paid on residential properties and that 55 percent are paid on nonresidential properties. That 45:55 proportion is the “Gallagher ratio”.

Continue reading →

Aug 06

Legal battles continue over Taxpayer Bill of Rights, hospital fees, transportation taxes

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egal battles continue over Taxpayer Bill of Rights, hospital fees, transportation taxes

FILE - Colorado State Capitol
The Colorado State Capitol in Denver, Colorado.

Shutterstock photo

On Nov. 3, 1992, Colorado voters approved a constitutional amendment which stipulates that lawmakers seeking to raise taxes or issue debt must first ask voters for permission.

Called the Taxpayer Bill of Rights, or TABOR, it took effect Dec. 31, 1992, and was designed to serve as another check against the growth of government. It requires that any increase in overall revenue from taxes not exceed the rates of inflation and population growth.

The TABOR Foundation, which was instrumental in advancing the amendment, maintains that it has been a successful measure.

Others maintain it interferes with advancing critical public spending initiatives. Sam Mamet, the executive director of the Colorado Municipal League, opposes TABOR. Mamet argued on the 25th anniversary of TABOR that “iIt is one of the most seriously damaging things the voters of the state have done to themselves in the last 25 years, in my humble opinion.”

Since its inception 26 years ago, many attempts have been made to amend, circumvent and litigate TABOR; the foundation counts at least 80 cases between 1993 and 2017.

Pfiffner said a perfect example of this is the 2015 lawsuit it filed, TABOR Foundation, et al. v. Colorado Department of Health Care Policy & Financing, et al. regarding Colorado’s “hospital provider fee,” which it argues is an unconstitutional tax.

Continue reading →

Jul 11

File This Under “How Much Is Enough?” Backers of a measure to raise taxes for education submit petition signatures

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Backers of a measure to raise taxes for education submit petition signatures

DENVER, July 11, 2018 — The backers of a proposed constitutional amendment that boosts income taxes to raise money for education today turned in signatures to the Secretary of State’s office.

The signatures for Initiative 93, as it is now called, are the first to be turned in this election season in an effort to get a measure on the Nov. 6 general election ballot. It is also the first initiative where supporters had to collect signatures in all 35 state Senate districts as required by the 2016 ballot measure “Raise the Bar.”

Initiative 93 involves a complex formula for raising income taxes among the state’s top earners.

Colorado allows citizens to put issues on the ballot after going through a process that includes reviews by staffers with the Secretary of State, the attorney general and Legislative Legal Services. These reviews do not determine the merit of the proposal, only if it meets state standards to attempt to get on the ballot. Continue reading →

Jun 14

Colorado’s Taxpayer Bill of Rights (TABOR) Should Be a Role Model for the Nation

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Colorado’s Taxpayer Bill of Rights (TABOR) Should Be a Role Model for the Nation

June 12, 2018 by Dan Mitchell

A balanced budget requirement is neither necessary nor sufficient for good fiscal policy.

If you want proof for that assertion, check out states such as Illinois, California, and New Jersey. They all have provisions to limit red ink, yet there is more spending (and more debt) every year. There are also anti-deficit rules in nations such as Greece, France, and Italy, and those countries are not exactly paragons of fiscal discipline.

The real gold standard for good fiscal policy is my Golden Rule. And the best way to make sure government doesn’t grow faster than the private sector is to have a constitutional rule limiting the growth of government.

That’s why I’m a big fan of the “debt brake” in Switzerland’s constitution and Article 107 in Hong Kong’s constitution.

And it’s also why the 49 other states, assuming they want an effective fiscal rule, should look at Colorado’s Taxpayer Bill of Rights (TABOR) as a role model.

Colorado’s Independence Institute has a very informative study on how TABOR works and the degree to which it has been effective. Here’s a good description of the system.

Colorado voters adopted The Taxpayer’s Bill of Rights in 1992. TABOR allows government spending to grow each year at the rate of inflation-plus-population. Government can increase faster whenever voters consent. Likewise, tax rates can be increased whenever voters consent. …The Taxpayer’s Bill of Rights requires that excess government revenues be refunded to taxpayers, unless taxpayers vote to let the government keep the revenue.

And here are the headline results.

Cumulatively, TABOR refunds have been over $800 per Coloradan, or $3,200 for a family of four. …If Colorado government had continued growing at the same high rate (8.56% compound annual rate) as in 1983-92, the average Coloradan would have paid an additional $442 taxes in 2012. The cumulative two-decade savings per Coloradan are $6,173—or more than $24,000 for a family of four.

Continue reading →

Jun 07

Opinion: Newcomers need to know benefits of Colorado’s Taxpayer’s Bill of Rights

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Opinion: Newcomers need to know benefits of Colorado’s Taxpayer’s Bill of Rights

Jennifer Schubert-Akin and Amy Oliver Cooke
For Steamboat Pilot & Today

The latest Census Bureau data released earlier this year shows that Colorado’s population has grown by nearly two-thirds since 1992, one of the fastest increases in the country. 

If you are part of the more than two million new residents who have arrived over this time, there are a few things you should know: Avoid I-70 on Sundays. We are Coloradans, not Coloradoans. And the Taxpayer’s Bill of Rights is responsible for much of the state’s economic success, which likely drew you here in the first place.

Between 1992 and 2016, median household income in Colorado grew by 30 percent, adjusted for inflation. This growth was more than double the national rate over the same period. Only Minnesota and North Dakota grew by more than 30 percent over this timeframe. Colorado gained $20 billion in adjusted gross income over these years — again, one of the biggest increases in the nation. 

While many other states have struggled with stagnant incomes over this period, what’s set Colorado apart? Its Taxpayer’s Bill of Rights, or TABOR, passed in 1992, which requires state and local governments to ask voters for permission before raising taxes or debt. 

TABOR helped end years of economic stagnation and laid the groundwork for the state’s future success by keeping resources in the hands of Colorado residents who could put them to their highest valued use and checking overzealous government spending. 

TABOR has protected pocketbooks and state solvency from legislators who believe they know how to spend your money better than you. Its requirement that excess revenues must be refunded to taxpayers has also resulted in more than $2 billion being returned to the private economy to be spent at local businesses or saved for retirement.  

 

Continue reading →

May 22

Colorado’s TABOR amendment getting fresh scrutiny amid funding discussions, proposed ballot measures

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Colorado’s TABOR amendment getting fresh scrutiny amid funding discussions, proposed ballot measures

Marc Stewart
2:44 PM, May 21, 2018
taxpayer’s bill of rights | tabor | colorado taor | douglas bruce | only voters can raise taxes

Editor’s Note: Denver7 360 stories explore multiple sides of the topics that matter most to Coloradans, bringing in different perspectives so you can make up your own mind about the issues. To comment on this or other 360 stories, email us at 360@TheDenverChannel.com. See more 360 stories here.

DENVER — Whether you’ve lived in Colorado for a short time, or your entire life, you’ve probably heard about what’s known as TABOR: The Taxpayer’s Bill of Rights.

Promoted by Republican lawmaker Douglas Bruce, voters in Colorado passed it back in 1992.  Under the TABOR amendment, taxes can’t be raised without voter approval. That includes the state sales tax and property taxes.

“It ensures that government cannot grow beyond what the people want it to do,” said Michael Fields of the conservative-leaning group Americans for Prosperity.

Fields argues TABOR leads to smart spending with an existing budget, prevents government from getting out of control and gives people of Colorado the power to decide when it’s appropriate to raise taxes.

“I think you make the case to the people,” Fields said. “If you want to invest in something more, then go make the case to the people – convince them that they need more revenue and that’ll pass.”

But there’s another side to TABOR.

“It’s not something good to have on our books. It’s actually hindered our ability as a state to do many things,” said TABOR opponent Amie Baca-Oehlert, of the Colorado Education Association.

She says she feels TABOR is a roadblock for lawmakers that prevents them from making responsible spending decisions in places where it is needed most, like Colorado’s schools.

“That just doesn’t seem right in a state with such a fast-growing economy,” she said.

But Colorado needs money to fix our ailing roads and bridges. So a push is underway to convince voters to approve a sales tax hike this November.  Educators are also pushing a tax increase to help public schools after a 2013 $1 billion proposed tax increase to pay for school funding was rejected by voters.

On Monday, the Colorado Supreme Court ruled that an Aspen grocery bag surcharge was not a tax and thus did not fall under TABOR – the second successful challenge in recent months.

But what’s next? For the moment TABOR is here to stay. In order for it to be reversed completely – we as Coloradans would have vote to change it.