Category Archives: Legal Issues

Apr 17

TABOR exemption question to be on fall ballot

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Vote NO on this attack on your Colorado Taxpayer’s Bill of Rights

TABOR exemption question to be on fall ballot

  • CHARLES ASHBY
Voters would be asked this fall if the state should be able to retain surplus revenue over what the Taxpayer’s Bill of Rights allows under a bill that won final approval in the Colorado House on Tuesday.

Under House Bill 1257 and a companion measure, HB1258, all of the taxes and fees the state collects over the revenue cap under TABOR would be evenly divided between transportation, public schools and higher education.

TABOR limits growth in revenue collections year over year based on inflation and population growth.

“In the last 27 years since TABOR was voted into the Constitution, our state population has increased by 50 percent,” said House Speaker KC Becker, D-Boulder, who introduced the bill with Rep. Julie McCluskie, a Democrat whose district includes the eastern half of Delta County.

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Apr 17

Last-Ditch Effort To Jump-Start Colorado Sports Betting Afoot In Legislature

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Last-Ditch Effort To Jump-Start Colorado Sports Betting Afoot In Legislature

Eric Ramsey Updated on Apr 16, 2019 12:06 PDT

Colorado sports betting

It’s been nearly a year since Colorado lawmakers first discussed the possibility of legal sports betting in public, and the time for action has come.

This week, casino operators had the chance to offer feedback on preliminary language for a new CO sports betting bill. Reviewed by Legal Sports Report, the draft being circulated includes provisions for both physical sportsbooks and statewide mobile betting under a manageable tax structure.

Considering the bill has yet to be introduced, however, time is running a bit tight. The legislature adjourns for the year on May 3.

Colorado sports betting bill draft

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Apr 17

Colorado House passes plan asking voters to give up their TABOR-driven taxpayer refunds

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Editor’s note: Don’t just vote NO but vote HELL NO on this….

Colorado House passes plan asking voters to give up their TABOR-driven taxpayer refunds

Colorado House votes on TABOR referendum bill
Image courtesy of The Colorado Channel
The Colorado House on Tuesday passed two bills that would ask voters if the state could keep their taxpayer refunds provided by the Taxpayer’s Bill of Rights (TABOR), sending the bills to the Senate for consideration.

House Bill 1257 is a referendum asking voters to allow the state to keep and spend excess revenues that would otherwise be refunded to taxpayers. If approved, the referendum would be on the November ballot.

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Apr 09

BRITAIN ISN’T THE ONLY PLACE WHERE ELITES TRY TO UNDO BALLOT MEASURES

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NATELSON: BRITAIN ISN’T THE ONLY PLACE WHERE ELITES TRY TO UNDO BALLOT MEASURES

Robert Natelson | Senior Fellow, Independence Institute

When British citizens voted to leave the European Union, I doubted the British political establishment would allow that decision to stand. Today that establishment is doing everything it can to undermine the Brexit referendum.

Such conduct is not limited to Britain. In the United States also, government officials have a long history of sabotaging ballot measures they don’t like.

Similarly, in 2015 SCOTUS reversed 30 statewide votes reaffirming — generally by landslide margins — the traditional definition of marriage.

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Mar 08

Colorado hospital fees do not violate TABOR, Denver District Court rules (updated)

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Colorado hospital fees do not violate TABOR, Denver District Court rules

The fees have generated more than $4.6 billion over the past decade, according to the Colorado Department of Health Care Policy and Financing.

By KIERAN NICHOLSON | knicholson@denverpost.com | The Denver Post
PUBLISHED:  | UPDATED: 

Hospital fees that have generated billions of dollars in Colorado are legal and do not violate Colorado’s Taxpayers Bill of Rights, according to a Denver District Court ruling.

The Wednesday ruling found that the Hospital Provider Fee and the subsequent Healthcare Affordability and Sustainability Fee are “fees, and not taxes, and therefore are not subject to TABOR,” according to a Colorado Department of Health Care Policy and Financing (HCPF) news release.

The ruling is in favor of the health care policy department and the Colorado Department of the Treasury.

In 2015, the TABOR Foundation filed a lawsuit challenging the constitutionality of the fees. The hospital provider fee is a charge imposed on hospital stays that other states refer to as a “bed tax.”

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Mar 07

Colorado hospital fees do not violate TABOR, Denver District Court rules

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Colorado hospital fees do not violate TABOR, Denver District Court rules

The fees have generated more than $4.6 billion over the past decade, according to the Colorado Department of Health Care Policy and Financing.

By KIERAN NICHOLSON | knicholson@denverpost.com | The Denver Post
PUBLISHED: 

Hospital fees that have generated billions of dollars in Colorado are legal and do not violate Colorado’s Taxpayers Bill of Rights, according to a Denver District Court ruling.

Colorado hospital fees do not violate TABOR, Denver District Court rules

Mar 07

Democratic lawmakers want to ask voters in 2019 to end TABOR cap, but Polis is not so sure

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Democratic lawmakers want to ask voters in 2019 to end TABOR cap, but Polis is not so sure

The measure would amount to the most substantial effort in years to rollback the state’s unique limits on government spending

The Colorado Sun — johnfrank@coloradosun.com

Top Democratic lawmakers want to ask Colorado voters this November to permanently set aside the spending cap in the state’s Taxpayer’s Bill of Rights.

House Speaker KC Becker is drafting a measure to put a question on the 2019 ballot that would allow the state to keep as much as $960 million in projected revenues through June 2020 — money that otherwise would get refunded to taxpayers. The proposal would split the dollars evenly between K-12 education, higher education and transportation.

But now Democratic Gov. Jared Polis is not sure it’s the right strategy — or that it can pass.

“Going to the ballot in 2019 is possible, but it’s premature to say that it is the right strategy at this time,” Polis spokeswoman Laurie Cipriano told The Colorado Sun on Wednesday. “The governor wants to ensure that if he supports a ballot initiative that it’s set up for success.”

The dispute only further complicates the party’s effort to rollback TABOR, the state’s unique constitutional restriction on spending that is one of most volatile issues in Colorado politics. And it once again pits the governor against lawmakers in his own party early in his term.

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Feb 21

Denver Trial Testimony Demonstrates the Need to Protect Nonprofit Donors

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The second of two blogs from the Goldwater lead attorney about the Donor Disclosure lawsuit which #TABOR is part of:

http://indefenseofliberty.blog/2019/02/08/denver-trial-testimony-demonstrates-the-need-to-protect-non profit-donors/

Denver Trial Testimony Demonstrates the Need to Protect Nonprofit Donors

by Matt Miller
February 8, 2019

A recently concluded trial in Denver, Colorado, centered on the right of 501(c)(3) and (c)(4) nonprofit groups to protect their donors from being put on a government list and having their addresses, occupations, and employers published on the Internet. The Goldwater Institute brought the case on behalf of two Colorado nonprofits—the Colorado Union of Taxpayers Foundation and the TABOR Committee—to challenge a Denver ordinance that requires groups spending more than $500 to support or oppose a Denver ballot measure to disclose to the government the personal information of anyone who gave them money to communicate with voters. Continue reading →