Category Archives: Education

Dec 07

Can voters ignore the state constitution when passing an initiative?

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The Other Arizona Election Challenge

Can voters ignore the state constitution when passing an initiative?

By  The Editorial Board

Dec. 6, 2020 5:43 pm ET

Voters wait in line at the Surprise Court House polling location in Surprise, Arizona, Nov. 3.

PHOTO: CHRISTIAN PETERSEN/GETTY IMAGES

 

The outcome of the presidential race isn’t the only election result being contested in Arizona, and the other has even greater consequences for the law. Last week two lawsuits were filed against Proposition 208, the ballot initiative that imposes a new 3.5% tax surcharge to raise an estimated $827 million for education. It passed with 51.7% of the vote.

The suits are challenging whether Prop 208, which passed as a statute, must conform to the state constitution. One suit was filed by businesswoman Ann Siner and retired judge John Buttrick, the other by the Goldwater Institute, the influential Arizona think tank.

The suits claim that Prop 208 contradicts a constitutional amendment that limits the amount of revenue provided to school districts each year. It also overrides another constitutional provision requiring a two-thirds majority of the Legislature to approve a tax increase.

The Legislative Council, a nonpartisan legislative office that reviews bills and ballot measures for form and constitutionality, held that Prop 208’s language exempting the money it raises from an existing cap on education spending “is likely invalid” because it violates express constitutional limits. Supporters went ahead anyway. The state Supreme Court declined to rule on claims that Prop 208 unconstitutionally curtails the Legislature’s authority but said it couldn’t consider the issue until it passed.

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May 28

From An Editorial On May 5, 2019: State Could Go Off A Fiscal Cliff

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State could go off a fiscal cliff

By: Barry W Poulson
May 5, 2019

Colorado has created a fiscal cliff; the state is woefully unprepared for the revenue shortfall that will accompany the next recession. Citizens might be surprised to learn that the state has been pursuing imprudent policies that will result in a fiscal crisis when the next recession hits. It is important to understand how the fiscal cliff was created and what we can do about it.

Over the past two decades, Colorado has weakened the fiscal constraints imposed by the Colorado Taxpayer Bill of Rights. TABOR limits the rate of growth in state spending to the sum of inflation plus population growth, regardless of the amount of revenue the state takes in.

But most state revenue is exempt from the TABOR limit. The exempt funds include the revenue from enterprises and the fees collected by government agencies, which have grown rapidly over this period. As a result, over the past decade TABOR has not constrained the growth in spending, and this year the state will spend virtually every dollar of revenue it takes in.

The fiscal cliff is also linked to a rapid growth in debt and unfunded liabilities. While limits are imposed on general obligation debt, there are no limits on the issuance of revenue bonds. These are bonds with a dedicated stream of revenue used to pay off the bonds over time. As state enterprises have grown they have saddled the state with greater debt burdens.

Increasing debt is also incurred in the form of unfunded liabilities. Despite the recent reforms enacted in the Public Employees Retirement Association, unfunded liabilities continue to increase. The official estimate of these unfunded liabilities is $32 billion; but with realistic assumptions regarding rates returns on assets, the actual unfunded liabilities are estimated to be in excess of $100 billion. Continue reading →

May 26

TABOR and COVID 19: We’re All Gonna Pay

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TABOR and COVID 19: We’re all gonna pay

Blog post by Christine Burtt
5/26/2020 – 4 minute read

Let’s face it.  You can’t shut down the economy, borrow trillions of dollars to subsidize households and businesses, and cause massive unemployment in the private sector without getting seriously upside down in tax revenues.

The Colorado state budget will be about $3.3B in the hole for FY2021, and that doesn’t include deficits in county and special district budgets.

If Legislatures over the years had honored the requirement of the Taxpayer’s Bill of Rights to stash away an emergency fund, we’d have roughly $1B in cash right now.  Instead of a lockbox of cash, illiquid government buildings were determined to be assets counted toward the emergency fund. Anybody have cash to buy a government building?  But I digress….

In the Democrat-controlled Colorado Legislature, raising taxes is the easy answer to a budget shortfall. The short-term exercise is to reconcile what is “essential” vs “nice to have.”

In reality, government mandated services like administering food stamps, running elections, law enforcement, infrastructure, and paying public employee retirement benefits will be protected. But other programs funded for ideological wish-lists may be delayed – until they can raise taxes.

The most likely ways to raise taxes include: Continue reading →

May 18

TABOR repeal is off the table for 2020. Now it’s Initiative 271, a $2 billion tax hike

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TABOR repeal is off the table for 2020. Now it’s Initiative 271, a $2 billion tax hike targeting the wealthy

Vision 2020 Colorado, a coalition behind a tax system overhaul, tells The Sun it will move forward with a graduated income tax measure that will lower taxes for the vast majority

coalition pushing to overhaul Colorado’s tax system will not pursue a complete repeal of the Taxpayer’s Bill of Rights this year, opting instead for a ballot measure in November that would generate billions in new money with higher taxes on the wealthy.

The new initiative — which is expected to receive final legal approval Wednesday — is designed to create a more equitable tax system in Colorado by lowering the current 4.63% tax rate for households making less than $250,000 a year.

MORE: Colorado’s regressive tax system, and a proposed graduated income tax, explained

An estimated 95% of taxpayers who are below the threshold would qualify for the tax cut, which would take effect for 2021. For those who make more than $250,000, the additional earnings are taxed at a higher rate up to the maximum of 8.9% for annual taxable income over $1 million.

The organizations behind the ballot question, known collectively as Vision 2020 Colorado, expect the new graduated income tax to generate an estimated $2 billion a year in new money with at least half earmarked to increase teacher salaries and retention. The remainder would be spent at the discretion of state lawmakers.

“We know middle-income Coloradans are paying a greater share of the tax burden than the wealthy 5%, but our tax code isn’t just unfair, it’s inadequate,” said Scott Wasserman, president of the Bell Policy Center, a leading proponent of the measure. The tough decisions made by state lawmakers about how to spend the $30 billion annual budget, he added, are “a purely consequence of our state not having enough money.”

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May 15

Colorado’s State Budget Needs Cutting

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http://coloradosun.com/2020/05/15/jim-morrissey-colorado-delicate-budget-operation/?utm_source=The+Colorado+Sun&utm_campaign=9823376a7f-Sun-Up&utm_medium=email&utm_term=0_2e5f9a0f1b-9823376a7f-64925121&mc_cid=9823376a7f&mc_eid=85f697f874&fbclid=IwAR3W2tJN0HFHvaxLvobX36jYdk6PnN6ydFgy5NNYntH450s2O9MxXD3o3kc

 

May 13

Coronavirus may trigger the second-largest property tax cut in Colorado history, further crippling local budgets

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The reductions under Colorado’s Gallagher Amendment would slash total school district revenue by an estimated $491 million. Fire districts would also be hard hit.

At a moment when state and local governments are already drowning in red ink, Colorado’s constitution is now projected to trigger the second-largest residential property tax cut in modern history.

Under forecasts presented Tuesday, Colorado lawmakers could be asked to cut residential property taxes by nearly 18% in 2021 to comply with a tax-limiting constitutional provision known as the Gallagher Amendment.

For homeowners, it would mean permanent financial relief at a time of rising unemployment and deep economic uncertainty. But if the cut goes through as projected, it would have cascading effects at nearly every level of government in the state, gashing the budgets of property-tax reliant fire districts, county governments and schools.

The reductions would cut total school district revenue by an estimated $491 million. About half of that gap will impact the state budget, which is constitutionally required to backfill certain school funding shortfalls, even as it faces a fiscal catastrophe of its own as sales and income tax revenue plummet. In one fell swoop, it could wipe out all the recent gains the state had made in erasing its unfunded debt to schools, formerly known as the negative factor. At the county level, statewide revenue could drop by $204 million.

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May 02

Paid family leave ballot measures move forward, with Democratic lawmakers in support

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paid family leave
State Sen. Angela Williams, D-Denver, speaks at a statehouse rally for a Colorado paid family leave program on April 9, 2019. Photo by Joey Bunch/Colorado Politics

The four sponsors of a Democratic-led proposal at the state Capitol have abandoned their legislative proposal and are now endorsing the three ballot measures proposed by Colorado Families First. According to state Rep. Matt Gray of Broomfield, they don’t have a preference and will endorse whatever the ballot proponents put in front of voters.

The four lawmakers talked to reporters Friday about the reasons for letting go of their five-year effort to put a paid family and medical leave program into state law and why they’re backing the ballot measures.

The court orders on ballot initiatives 247 and 248 dealt with a challenge by Kelly Brough, president and CEO of the Denver Metro Chamber of Commerce, which claimed the programs proposed under the ballot measures were a tax and hence violated the provisions of the Taxpayer’s Bill of Rights, which require voter approval for any tax increase. The language of all three ballot measures do not reference TABOR requirements.