Category Archives: Fiscal Policy

May 12

9 federal judges set to decide fate of TABOR repeal lawsuit

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9 federal judges set to decide fate of TABOR repeal lawsuit

Hickenlooper submits his final state budget, but it may not last long
Exactly 10 years after a group of local and state elected officials first filed a legal challenge to Colorado’s most celebrated — and vilified — constitutional provision, the entirety of the Denver-based federal appeals court will now consider whether to pull the plug on that fight.

On Monday, the U.S. Court of Appeals for the 10th Circuit, which hears appeals from Colorado and five surrounding states, will hold a rare all-judges hearing, known as an “en banc” review, of the lawsuit seeking to overturn the state’s Taxpayer Bill of Rights. Although appellate courts typically issue decisions in panels of three judges, the 10th Circuit in October granted en banc review of the TABOR case.

Such hearings are highly atypical: from October 2018 through September 2019, the 10th Circuit only heard one case en banc out of more than 1,100.

There are 12 authorized judgeships on the 10th Circuit that require presidential nomination and U.S. Senate confirmation. However, only nine judges will participate in the en banc panel: five who were nominees of Democratic presidents and four who were Republican nominees.

The diminished number is the result of two Clinton administration appointees retiring from active status earlier this year. One of them, Senior Judge Mary Beck Briscoe, will join the en banc hearing. In addition, of the 10 remaining active judges, Scott M. Matheson Jr., a nominee of President Barack Obama, and Joel M. Carson III, a nominee of Donald Trump, have each recused themselves.

TABOR, a 1992 constitutional amendment, limits the amount of revenue the state can collect and spend, and requires voter approval for new taxes and tax rate increases. The amendment also provided a mechanism to refund revenue collections to taxpayers in excess of a formula based on inflation and population growth. Colorado refunded nearly $3.5 billion in the quarter-century since TABOR’s passage.

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May 12

Debunking the top 5 misleading claims about Colorado’s Taxpayer Bill of Rights experience

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Featured Image

 

  • Debate over North Carolina’s recently proposed Taxpayer Bill of Rights will begin heating up soon
  • Opponents will likely try to portray Colorado’s experience in a negative light, to serve as a warning
  • Their major claims, however, are easily debunked

North Carolina legislators recently filed a bill that would enable voters to decide if a Taxpayer Bill of Rights should be added to the state constitution.

The main feature of a Taxpayer Bill of Rights is that it would limit the annual growth rate of the state budget to a rate tied to inflation plus population growth. Other provisions would require voter approval of tax increases and mandate that excess revenue collections be used to bolster the state’s Rainy Day fund and refunded back to taxpayers.

The benefits of a Taxpayer Bill of Rights are many, most notable in that it would make permanent the fiscal restraint that conservative lawmakers have exercised over the last decade. Common-sense restraints on spending can smooth out spending cycles, better prepare the state for economic downturns, and enable tax cuts to make North Carolina more competitive for investment and job growth.

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May 12

GUEST COLUMN: Family budgets beset by politician’s plans

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Paul Lundeen
Paul Lundeen

There is no doubt Colorado needs to upgrade its roads and bridges. You can’t drive in El Paso County without swerving around potholes. Now that the pandemic appears to have crossed a tipping point, wait times are building again to get from Colorado Springs to Denver.

The fact that Colorado legislators are paying attention to our infrastructure problems should be a win. But SB 260 is more about building government than building roads.

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May 10

Federal judges to hear TABOR repeal, appellate court deals with censured judge

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COURT CRAWL | Federal judges to hear TABOR repeal, appellate court deals with censured judge

Courthouse close with Justice inscribed
jsmith, iStock image
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Today will feature a rare all-judges hearing in Colorado’s federal appellate court, plus the state’s Court of Appeals last week issued guidance for parties who appeared before a now-censured judge.

TABOR saga continues

This morning, the entire roster of judges on the Denver-based federal appeals court will hear oral arguments in the decade-long lawsuit over whether to declare Colorado’s 1992 Taxpayer Bill of Rights unconstitutional. Today’s hearing likely won’t end the lawsuit: the question before the judges is whether political subdivisions, like school districts or boards of county commissioners, have legal standing to sue for TABOR’s repeal.

•  Listen live at 10 a.m. here.

COURT CRAWL | Federal judges to hear TABOR repeal, appellate court deals with censured judge | Courts | coloradopolitics.com

May 04

Protect Colorado Taxpayers – Vote NO on the Gas Tax

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You’ve likely heard about the legislature’s new gas tax proposal, which seeks to raise over $4 billion to “solve” our infrastructure needs. This massive proposal includes new charges at the gas pump, on delivery services like Amazon, ride-sharing services like Uber and Lyft, and more.   No matter who you are, they have a new charge for you.

We all agree that our roads and bridges need repair, but Coloradans already pay 22 cents per gallon in State taxes, on top of the 18.4 cents we pay in federal taxes. For certain politicians that’s just not enough.

Much of the debate has focused on the questionable legality of the proposal, due to the passage of Proposition 117 just this past November.  That requires governments to receive voter approval before enacting these types of new, large “fees.” The unique protections of our Taxpayer’s Bill of Rights, require the legislature to obtain voter approval before raising taxes. But sponsors won’t let that stop them. Instead, they’re calling these new taxes, “fees,”’ so that Colorado voters won’t have a voice in the process. Continue reading →

Apr 26

Conservative advocacy groups look to cut Colorado’s gas tax rate

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FILE - Colorado gasoline pumps
An attendant walks past the empty gasoline pumps at Shell station down the canyon from where casinos have been closed to the public in the state’s efforts to fend off the spread of coronavirus Tuesday, March 17, 2020, in Black Hawk, Colo.

David Zalubowski / AP Photo

(The Center Square) – Two of Colorado’s most influential conservative advocacy groups say they will join forces on ballot measure language to reduce the state’s gas tax in 2022.

Americans for Prosperity-Colorado (AFP-CO) and Colorado Rising State Action announced the plan in a statement on Monday in response to a Democratic-backed proposal to hike fees on gasoline to fund the state’s transportation system.

The $3.9 billion fee proposal, which hasn’t been formally introduced in the General Assembly yet, would include fee increases on regular gas, diesel gas, electric vehicle registrations, ride-shares, and online retail deliveries.

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Apr 23

COLORADO SUPREME COURT School finance tax change arguments heard

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By Erica Meltzer

Chalkbeat Colorado

The plain language of Colorado’s Taxpayer’s Bill of Rights says that to raise taxes from one year to the next requires a vote of the people.

But what if voters agreed to keep school property taxes steady more than 20 years ago and state officials lowered them instead? Does it take another vote of the people to return tax rates to the previous level? Or does increasing them simply correct an error?

That’s the question the state Supreme Court took up Tuesday as lawmakers seek a solution to a vexing problem in school funding.

Colorado lawmakers sent the court a formal question — known as an interrogatory — last month seeking a constitutional ruling before they give final approval to a bill that gradually would increase local property taxes over 19 years.

If approved, the change would generate more than $90 million in new revenue for schools next year and more than $288 million a year when fully implemented. That would take a big bite out of the funding gap that Colorado schools experience when lawmakers hold back education dollars to pay for other priorities — but the money would come from local taxpayers, not state coffers.

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Apr 18

Common Sense Institute study says Colorado UI debt will need more payroll tax revenues.

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Colorado will need to increase payroll tax revenues to repay the Unemployment Insurance (UI) trust fund according to a new study by the Common Sense Institute. Colorado, alongside states like California, New York, and Connecticut, has one of the country’s highest burdens of federal loans to its unemployment insurance fund. As of April 8th, Colorado is one of 19 states currently reliant upon federal loans and has the 9th-greatest amount of money outstanding in both absolute and population-adjusted dollars. 8 of the top 9 states who need federal loans to support their unemployment insurance are blue states.

Repaying the UI Trust Fund’s debt will require nearly 25% more payroll tax revenue per year, on average. Between FY20 and FY23, total revenue to the fund is projected to grow at an average annual rate of 24.8%. For the fund to be restored to its pre-pandemic solvency by 2028, five years after the end of the latest projection, contributions will have to exceed payments by an average of almost $316 million in each year after 2023.

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Apr 16

2021 Colorado Legislature: Bigger Government, Smaller Us

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By Christine Burtt, TABOR Foundation Board Member
4/13/2021

 

There are several onerous pieces of legislation in Colorado this year that will negatively impact your standard of living, if not your way of life.

Here are three notable examples.

 

  • HB21-1083, the so-called “Don’t dare to challenge the government’s valuation on your home” bill, was designed to create a chilling effect on homeowners questioning the assessment that calculates their property tax.

 

The bill, which has been signed into law by Governor Polis, was initiated by the Colorado Assessors. It changes existing law that prevented a county assessor from raising taxes on a property if the homeowner challenged an assessment. The previous law gave homeowners an appeals process if they believed their property had been assessed at a value higher than was warranted.

, with the new law, if you challenge the valuation set by the county assessor, the assessor may keep the valuation as stated, or may even increase your property tax. It won’t go down. Continue reading →

Apr 06

State-Based Policy Groups Launch New Coalition to Oppose Gas Tax Proposal

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State-Based Policy Groups Launch New Coalition to Oppose Gas Tax Proposal

APR 6, 2021 BY AFP

Battle Intensifies After Introduction of Framework, Initial Coalition Expands

 DENVER – Americans for Prosperity-Colorado (AFP-CO) and partners formally launch the Colorado Taxpayers Coalition, a group of local advocacy partners set out to protect Colorado taxpayers by defeating the legislature’s current gas tax proposal and protecting the Taxpayer’s Bill of Rights (TABOR).

AFP-CO is also running a statewide campaign that urges Coloradans to contact their elected official to advise against the bill. These efforts included a poll that revealed constituents in several state senate districts strongly oppose the proposal.

 AFP-CO State Director Jesse Mallory issued the following statement: Continue reading →