Category Archives: Fees

Oct 16

Four reasons to vote no on Proposition CC

Posted on by

Four reasons to vote no on Proposition CC

There are many reasons to vote no on Proposition CC, but for the sake of brevity, I will stick with the basics.

Reason No. 1: It does raise taxes.

While the first three words of the ballot language for Proposition CC are “Without raising taxes,” this simply isn’t true. And it’s hard to understand how proponents can keep a straight face with this one. If the state owes us money in the form of a refund because we’ve overpaid our taxes, and if they don’t give us the refund, we will in fact pay more taxes than we would have without Proposition CC. Period. Continue reading →

Oct 15

Mike Rosen: NO on Proposition CC, YES on Proposition DD

Posted on by

Mike Rosen: NO on Proposition CC, YES on Proposition DD

 By Mike Rosen

Proposition CC – Retaining State Government revenue. VOTE NO.

A “yes” vote would allow the state to retain any surplus of revenues in excess of spending not only in fiscal year 2018-2019 but in all years to come. A “no” vote requires the state to refund budget surpluses to taxpayers as now required under current law.

In the Colorado Constitution, The Taxpayer’s Bill of Rights (TABOR) limits state government spending and taxation through a formula tied to population growth and inflation. Direct voter approval is required to change the limit. Article X, Section 20 (7) (d) reads: “If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset.”

Through that last clause, Prop CC is asking voters to give up their prospective TABOR refunds permanently. It would spend those budget surpluses in equal shares on K-12 education, higher education and transportation without specifying how the money will be spent within those categories, leaving that to legislative whims now and in the future. Look at it this way: state government spending on K-12 in FY 2018-2019 exceeded $7 billion. Eliminating taxpayer refunds would direct an additional $103 million to K-12 education starting in FY 2020-2021. Seven billion is seven thousand million. One hundred million is a comparative drop in the bucket.

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

Oct 13

Conservative think tank opposes tax refund, sports betting ballot measures

Posted on by

Conservative think tank opposes tax refund, sports betting ballot measures

FILE - Denver Vote
A voter casts her ballot at the Denver Elections Division Tuesday, May 7, 2019, in Denver.

AP Photo/David Zalubowski

The think tank, part of Colorado Christian University, says it’s opposing Propositions CC and DD because they aren’t fiscally responsible and don’t help families in the state. The state constitution’s Taxpayer’s Bill of Rights (TABOR) requires voter approval for all tax increases.

“Colorado is more free, families are stronger, and our state budget is healthier if both Proposition CC and Proposition DD are rejected,” Centennial Institute Director Jeff Hunt said.

When state government collects revenue above its spending cap, TABOR requires that money to be refunded back to taxpayers. Proposition CC asks voters to allow state government to permanently keep the occasional tax refunds.

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

Oct 13

Don’t give Legislature a blank check

Posted on by

DON’T GIVE LEGISLATURE A BLANK CHECK

In your upcoming mail ballot you will be asked to give the state of Colorado a blank check. Don’t be tricked into believing the initial language “without raising taxes…”

Proposition CC is a tax increase forever. Colorado taxpayers will no longer receive (forever) any of their tax rebates (refunds) of their hard earned money if Proposition CC passes.

Colorado Legislature has tricked us in the past by saying requested tax increases would fund roads, bridges, education, teacher pay, and on and on, but when our taxpayer money was spent, the Legislature decided to divert it elsewhere due to lobby and special interest groups pressure. The Legislature has consistently broken promises to Colorado voters. Recently, Colorado voters rejected 13 ballot measures at the state level by a wide margin. Because Colorado voters defeated the Colorado Legislature’s request for more funds, the Legislature now proposes to “trick” Colorado voters again.

This Proposition will “gut” the Taxpayer Bill of Rights (also known as TABOR). The Taxpayer Bill of Rights requires voter approval for any increase in taxes or debt. This is our Taxpayer Bill of Rights, not the Legislature’s, do not vote to give it away forever.

The Taxpayer Bill of Rights has been the only way voters have kept Colorado from spending taxpayer funds to the maximum, as done in California.

Proposition CC will forever remove Colorado seniors and veterans property tax exemptions. This will put seniors and veterans at risk, and place more pressure on local budgets.

Colorado communities have individually voted property tax increases to fund local schools and other services such as fire departments (we can locally determine if funds are being spent as represented), and if Proposition CC passes, those seniors and veterans on fixed incomes will have a difficulty paying local property tax bills.

Colorado has a top ranked economy. The Taxpayer Bill of Rights has contributed to Colorado’s success. Colorado has one of the lowest tax rates in the country providing a positive location for business investment and jobs.

If our Taxpayer Bill of Rights is repealed, over $1.7 billion collected over the next 3 years will not be refunded to Colorado taxpayers.

The Legislature already has a $32.5 billion budget… enough is enough! This budget automatically increases with population and inflation. The Legislature has enough of our money.

The Legislature must be held to account and budget just as we do with our personal budgets.

Mary Ann Smith

Pagosa Springs

http://gazette.com/opinion/letters-downtown-springs-gets-special-attention-don-t-give-legislature/article_fd7b996e-eb70-11e9-8a16-23c66974a6f9.html

Oct 13

Proposition CC explained: What it means to end the spending caps in TABOR and the money at stake

Posted on by

Proposition CC explained: What it means to end the spending caps in TABOR and the money at stake

The debate for Prop. CC involves whether to keep TABOR refunds, or send the tax dollars to three key areas: education, colleges and transportation.

POLITICS AND GOVERNMENTPRIMARY CATEGORY IN WHICH BLOG POST IS PUBLISHED

Brian Eason

Special to The Colorado Sun

In one of the most significant potential changes to state fiscal policy in decades, Colorado voters this November will be asked to permanently eliminate a revenue cap that has both restrained and reshaped state government since 1992.

The ask of voters is relatively modest: Forgo the occasional refund under the Taxpayer’s Bill of Rights — estimated at worth between $20 and a few hundred dollars for the typical household, according to the latest economic forecasts.

Nonetheless, the referendum known as Proposition CC backed by Gov. Jared Polis has the potential to be nothing short of a watershed moment in Colorado politics.

To supporters, it’s a long overdue change to TABOR that will allow the state to reinvest in essential public services that have atrophied over two recessions even as budget demands have grown. To opponents, it’s an unwelcome expansion of a state government that they view as too large already, thanks to an explosion of fees in the TABOR era.

And to both sides, it represents a critical battle in a broader ideological war over the proper size and scope of Colorado’s state government.

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

 

Oct 07

EDITORIAL: Politicians mismanage funds; don’t reward them with more

Posted on by

EDITORIAL: Politicians mismanage funds; don’t reward them with more

  • The Gazette editorial board
Colorado Capitol

The Colorado state Capitol in Denver.

The political class can never get enough of the private sector’s money. That is why politicians are trying to con voters into passing Proposition CC in November.

Do not give politicians a blank check. They have proven unable to manage what they already have.

Colorado is not a low-tax state where politicians scrape to fund basic services. Our state did not make Kiplinger’s top-10 list of the most tax-friendly states this year, released last week, despite having a one-of-a-kind Taxpayer’s Bill of Rights in the state constitution. Weakening this protection, as Proposition CC would do, will only make things worse.

By calling taxes “fees,” and because of Colorado’s booming economy, the state government finds itself awash in surplus revenue. It has so much excess income, estimates anticipate constitutionally mandated returns of nearly $400 million for fiscal year 2020 and 2021.

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

Sep 26

The Democratic agenda came with a big price tag. Now Colorado budget writers worry about paying the bill.

Posted on by

The Democratic agenda came with a big price tag. Now Colorado budget writers worry about paying the bill.

The rising costs of Gov. Jared Polis’ full-day kindergarten program is part of an estimated $100 million in additional costs lawmakers will need to cover

John Frank

The Colorado Sun — johnfrank@coloradosun.com

To pass their expansive legislative agenda, the new Democratic majority at the Colorado Capitol spent big this year. Real big. And now even Democratic budget writers are worried about how to make ends meet.

“There were a lot of bills passed last (session) that have continued spending … and some of those were very large,” said Rep. Daneya Esgar, D-Pueblo. “I don’t think we completely all truly understand what we have obligated ourselves to.”

The incoming chairwoman of the Joint Budget Committee issued the extraordinary warning about the forthcoming spending constraints Friday, two months before lawmakers will meet to craft the spending plan for the next fiscal year.

A preliminary estimate prepared for budget writers shows the legislation approved in the 2019 session will cost an additional $80 million to $100 million in the next budget. One factor is a low-ball estimate for the cost of full-day kindergarten, Democratic Gov. Jared Polis’ chief legislative priority in his first year.

The additional costs anticipated don’t include other major obligations that will come due, such as a projected $175 million to expand inpatient treatment for opioid and substance abuse under legislation approved in 2018 and another $30 million more for the state’s share in a federal children’s health insurance program.

Right now, projections show Colorado may not have the money to cover all the bills and continue spending at its current rate in other priority areas, such as education, transportation and health care.

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

Sep 25

Griswold v. Nat’l Federation of Independent Business—Taxpayer’s Bill of Rights — Summary Judgement

Posted on by

“In November 2018, the TABOR Foundation joined the Colorado Union of Taxpayers and others in filing a “friend-of-the-court” brief.  The lawsuit was brought by the National Federation of Independent Business against the Colorado Secretary of State.  The issue was about whether the fees charged by that government department are excessive and used to cover government activities that should be funded by general fund taxes.

Jim Manley, the attorney who represented the TABOR Foundation et al, commented on the substance and importance of our brief:  “(On September 23) the Colorado Supreme Court issued a narrow ruling against NFIB in its TABOR challenge to the Secretary of State’s business licensing “fees.” The Court’s narrow ruling sidestepped the two issues we addressed in our amicus brief: (1) the proper standard of review for constitutional challenges and (2) the definition of fees vs. taxes. The Court ruled that the business licensing fees were authorized before TABOR’s enactment and—despite changes to the fees since TABOR—the fees were therefore not subject to TABOR’s prospective limits. The ruling reinstates the trial court’s summary judgment in favor of the Secretary of State and likely ends the case.”

The TABOR Foundation chairman observed, “This narrow ruling does little mischief to the Taxpayer’s Bill of Rights,” said Penn Pfiffner.  He continued, “The Court could have, and should have, used the opportunity to honor the TABOR mandate to rule such that the outcome ‘reasonably restrain(s) most the growth of government’.”

To read the Summary Judgement opinion, click (HERE):

To read the Amicus from the Colorado Supreme Court website, please click (HERE):

Sep 24

In its latest ruling, Colorado Supreme Court once again avoids question at heart of TABOR debate

Posted on by

In its latest ruling, Colorado Supreme Court once again avoids question at heart of TABOR debate

NFIB filed a lawsuit five years ago arguing that fees levied by the secretary of state’s office violated the Taxpayer’s Bill of Rights. The ruling left them unsatisfied.

The Colorado Sun — johnfrank@coloradosun.com

More than 25 years since the Taxpayer’s Bill of Rights won voters approval in Colorado, one question continues to vex policymakers and judges: What qualifies as as tax?

The question sat at the center of a 5-year-old case before the Colorado Supreme Court challenging the fees the secretary of state’s office charges businesses. The 22-page ruling issued by the court Monday, however, once again avoids a direct answer.

What is clear in the decision: The fees the Department of State charges to businesses for registration, licenses and other purposes do not equate to a tax that needs approval for voters under the requirements of TABOR.

The National Federation of Independent Business, which represents small businesses, filed a lawsuit in 2014 challenging this system as unconstitutional. The group argued that the charges to businesses were taxes — rather than fees — because the revenue paid for other unrelated agency services, such as overseeing elections. And if true, any increase in the charges or alteration in the policy would run afoul of TABOR, which mandates such moves need consent from voters.

The state Supreme Court’s decision rejecting the claim affirmed a lower court ruling that sided with the secretary of state and vacated a Court of Appeals determination that kept the case alive. The case started under Republican Secretary of State Scott Gessler and continued under his GOP successor Wayne Williams. But in the end it carried the name of Secretary Jena Griswold, a Democrat, who applauded the decision.

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