In regards to the lawsuit we filed to overturn the Hospital Provider tax and the subsequent abomination of SB267, we are in the phase of appealing to the Colorado Supreme Court.
The motions the Court is considering from the Court of Appeals ruling is that none of us has standing to bring these matters before legal review. That means that discussion of the facts of the dispute are not being addressed. Unlike the appellate level, the Supreme Court does not have to accept the case for review.
Our attorneys at Cause of Action filed the petition on time, as we are the petitioners.
The Respondents (The State of Colorado, Colorado Department of Health Care Financing, Colorado Healthcare Affordability and Sustainability Enterprise, Kim Bimestefer, Colorado Department of the Treasury, and Dave Young) filed a Reply brief on January 28th arguing that since none of us pay the bed tax (not true) that the Supreme Court should not take up the case (or any of the substantive issues including $400 million of new taxing authority).
The last action was Lee Steven writing a reply with his reasoned, thorough, and direct arguments, that we certainly have standing for all the other issues which Defendants ignored, and also that we have standing on the tax vs. fee question that started it all.
I believe that we are indeed fortunate to have such an excellent, skilled professional working on our behalf.
All three written arguments referenced in the preceding paragraph are attached for your perusal, as well as posted on the TABOR website (http://thetaborfoundation.org/lega…/hospital-provider-tax/).
Finally, here’s a response from our local legal counsel, William Banta:
“There should be no more replies, responses, or rebuttals.
The next step should be the Supreme Court’s decision, either granting or denying our request for certiorari (reconsideration of the Court of Appeals decision).”
Penn Pfiffner,
Chairman of the Board of Directors, TABOR Foundation
Colorado voters in November emphatically endorsed tougher rules to keep our state’s politicians from violating the spirit of the Taxpayer’s Bill of Rights, or TABOR.
Now, on ly a little over two months later, those politicians are cooking up a new plan to create an end run around TABOR that would cost the state’s drivers millions.
The lack of respect for the people who elected them is breathtaking.
Proposals for what supporters are calling a “gas fee” — it’s an increase in the gas tax, don’t be fooled — would be a blatant violation of TABOR, and particularly insulting in light of the expansion of taxpayer protections approved in November and votes to reject two other road-funding proposals in 2018.
The message this sends to every Coloradan who voted to strengthen TABOR and to oppose the 2018 initiatives is that the politicians in Denver don’t seem to care what you say, no matter how often you say it. So we’ll just have to say it again, even louder.for what supporters are calling a “gas fee” — it’s an increase in the gas tax, don’t be fooled — would be a blatant violation of TABOR, and particularly insulting in light of the expansion of taxpayer protections approved in November and votes to reject two other road-funding proposals in 2018.
If the message sent by politicians is “we don’t care what you think,” our message to them has been and continues to be, “stop wasting our money, set priorities, and make better use of the money we are already sending you.”
This new fee — whose cost has yet to be determined — would be in addition to the state’s 22-cents per gallon gas tax (which is in addition to the federal 18.4 cents per gallon tax).
To continue reading this story, please click (HERE):
JAN 22, 2021 BY AFPAmericans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) all oppose the proposed plan.
DENVER, Colo. – Within months of voters passing increased taxpayer protections with Proposition 117, legislators are signaling they plan to ignore the will of the voters with a proposal to add “fees” on gasoline purchases. A coalition including Americans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) came out strongly against this proposal and called on legislators to respect the will of the voters.
Jesse Mallory, State Director, Americans for Prosperity-Colorado:
“The message politicians are sending to every Coloradan who voted to support TABOR, strengthen taxpayer protections, and oppose tax increases is they don’t care what you say, no matter how often you say it. Lawmakers must respect the will of the people and bring these proposals to a vote.”
Michael Fields, Executive Director of Colorado Rising State Action:
“Voters have made it crystal clear that they want to vote on tax and fee increases. Any plan to add significant revenue should include asking voters.”
Jeff Hunt, Director of the Centennial Institute:
“Colorado has some of the worst roads and traffic congestion in the country. Improving our roads is a priority that must be addressed. But forcing hardworking Coloradans to pay for this with additional gas fees in the midst of a pandemic and a struggling economy is the wrong way to go. The Colorado legislature is asking the average Coloradans to pay more just to go to work, go to the grocery store, or pick up their kids from school. The Colorado legislature has the money to spend on improving roads and needs to reprioritize roads over liberal special projects.”
Jon Caldara, President of the Independence Institute:
“Raising the gas tax without a vote of the people by calling it a fee will definitely give Coloradans gas. If it’s a good idea, bring it to the people!”
And how, at the same time, progressives duped them into massive tax increases elsewhere.
Proposition 116 reduces the state’s flat income-tax rate from 4.63 percent to 4.55 percent, and Proposition 117 requires the legislature to receive voter approval of large new government fees.
Most outcomes from Colorado’s 2020 ballot come as no surprise in a state now largely dominated by the Left. Democrats flipped a seat in the state senate while losing nothing. The Republican-to-Democrat ratio in the House remained unchanged. Voters rejected a ban on abortion after 22 weeks of gestation. The state agreed to join the National Popular Vote compact. Environmental activist groups won on Proposition 114, a measure to introduce gray wolves to the Colorado Rockies. The tax and fiscal issues, however, have left many Colorado policymakers and pundits baffled.
To continue reading the rest of this story, please click (HERE):
In addition to voting for elected officials at the federal, state and local level, taxation was on the ballot on Election Day all across the country.
Close to 2,400 measures that have tax or fiscal ramifications were on American ballots in the form of property tax measures, bond propositions and more.
Close to $25 billion in annual tax hikes were voted on, a significant amount that would hit taxpayers’ wallets in dozens of states.
Not only that, but more than $50 billion in bond measures were on the ballot, which can result in higher debt obligations for governments that could affect taxpayers for decades.
Click the following link to watch TABOR Committee Chairman Penn Pfiffner explain it to Brandon Wark of Free State Colorado.
He also goes in depth to show why Colorado voters should vote YES on Proposition 117.
As the grassroots organization Vote on Fees points out, with liberal majorities in the legislature the Taxpayer Bill of Rights is the only thing preventing Democrats from going completely out of control at the state capitol.
Colorado’s state legislature uses the word “FEE” to grow state programs and spending without having to ask Coloradans for the permission to raise taxes required under our Taxpayer’s Bill of Rights. Massive revenue increases like FASTER (car registration) fees, are taxes coming out of our pockets to pay for state programs, and should go through the same voter approval process as all tax increases. It’s not complicated — just ask the people.
Two-thirds of state revenue now falls outside of TABOR. We need to do a better job of managing our state’s more than $30 billion budget. The status quo of continuing to grow and create new state programs and finance them off of “fees” needs to end.
Democrats have recently been using fee increases as an end-run around the Taxpayer Bill of Rights, a state Constitutional amendment that gives voters the final say on all statewide tax increases. The recent use of “fees” to short-circuit our Constitutional rights is extremely troubling, and fiscally responsible voters need to put a stop to it immediately.
Prop 117 is a major threat to Democrats and their socialist vision for Colorado.
Thomas Jefferson pointed out that “My reading of history convinces me that most bad government results from too much government. That government is best which governs least.” As taxpayers, our wisdom was used by voting on an amendment back in 1992 to limit state spending to about the same as state growth — well known as the TABOR Amendment.
This has almost worked to keep the state from taxing us out of our hard-earned wages or profits. The problem is those in government always want to spend on their pet programs and have found a way around what we taxpayers have established as a very fair limit on government spending. We elect those to our legislature to care for our state and control our government so we can carry on with our own lives and families. That confidence really can be disappointing as the con in confidence can also be the con in conman.
According to The Common Sense Institute, a business-oriented coalition, the state budget was spending 46% or $2,403 per taxpayer outside of TABOR limits in 1993. Fast forward to 2019 and spending has increased so 69% of the sate budget is outside of Tabor limits which amount to $5,787 per taxpayer. The con seems to be with fees versus taxes.
To continue reading this Letter-to-the-Editor, please click (HERE):
By Chuck Wibby
In 1992, Colorado voters passed the Taxpayer’s Bill of Rights, or TABOR. The amendment to the Colorado Constitution is widely despised by elected officials at every level of government. It is also widely loved by the majority of taxpaying citizens who pay the bills to employ those same elected officials.
Among its other provisions, TABOR contained an exemption for fee-based services that the government provides to citizens. It was a logical concession. After all, if the city wanted to operate a parking lot, it would be impractical to have a vote every time the city wanted to increase the cost to park your car in their lot.
TABOR’s intent was that “government-owned businesses that provide goods or services for a fee or surcharge” are “paid for by the individuals or entities that are purchasing the goods or services.” This is in contrast to “government agencies or programs that provide goods or services that are paid for by tax revenue.” Letting no good deed go unpunished, it didn’t take the state too long to figure out how to take advantage of TABOR’s allowance for fee-based enterprises.