
#TABOR
#ItsYourMoneyNotTheirs
#ThankGodForTABOR
#VoteOnTaxesAndFees
#ProtectTABOR

#TABOR
#ItsYourMoneyNotTheirs
#ThankGodForTABOR
#VoteOnTaxesAndFees
#ProtectTABOR
Current Colorado lawmakers want to slowly increase local school district property taxes without a vote. They say it doesn’t violate the Taxpayer’s Bill of Rights because a generation ago voters agreed to higher rates and state officials improperly lowered them.
This story was originally published by Chalkbeat Colorado. More at chalkbeat.org.
Democratic lawmakers are asking the Colorado Supreme Court to decide whether a proposed tax change that could generate millions for K-12 education is constitutional.
Colorado’s Taxpayer’s Bill of Rights typically requires voter approval for tax increases. This proposal would gradually increase local school district property taxes without a vote under the premise that voters a generation ago agreed to higher rates and that state officials improperly lowered them.
On Friday, after giving initial approval to a bill to phase in higher local tax rates over 19 years, senators took the unusual step of sending what’s called an interrogatory seeking the opinion of the state’s highest court. Republicans Sen. Kevin Priola of Brighton and Bob Rankin of Carbondale joined Democrats in what was otherwise a party-line vote on the resolution.
Supporters hope to get a clear answer before the end of the legislative session and include the prospect of additional revenue in the 2021-22 budget. New local taxes would generate more than $90 million next year and could bring in the equivalent of around $288 million a year when they’re fully implemented.
Supporters believe previous case law indicates the court would agree with their interpretation. Legal experts have said the decision could go either way.
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Dear Friend,
Even though times may seem more polarizing now than ever, one thing most Coloradans can agree on is that they want every citizen of our state to be allowed to flourish. They may have strong opinions on the issues, but surprisingly, there are still several key principles the majority of Coloradans support.
After conducting extensive statewide polling, I outlined 10 practical ideas the GOP should embrace to address some of the big issues that Coloradans care about:
With 42% of Coloradans choosing to be unaffiliated with a political party, it’s more important than ever for candidates to be clear about their plans if voters entrust them with power. If Colorado Republicans unite around a few key issues, and drive their message home with voters, I believe the party will quickly begin to make a comeback.
Sincerely,
Michael Fields
Executive Director of Colorado Rising State Action
Colorado drivers would begin paying a new fee of 2 cents on every gallon of gas they purchase starting in July 2022 under legislation Democratic state lawmakers are expected to introduce in the coming weeks.
That fee, which would not require voter approval, would increase to 8 cents per gallon starting in July 2028 under the proposal, which is part of a $4 billion, 11-year effort to raise and spend money for badly needed transportation projects across the state.
Lawmakers, political groups and business interests have been trying for years, without much luck, to find a transportation funding solution. The proposal, which includes a number of other new road-usage fees, is backed by Gov. Jared Polis and also aims to reduce traffic congestion on Colorado’s roads, expand public transportation and improve air quality by making it easier for people to own electric vehicles and spending millions on environmental initiatives.
“We think this is the time that we absolutely have to get something done and something meaningful,” said Senate Majority Leader Steve Fenberg, a Boulder Democrat. “Not a baby step, but a real meaningful step toward solving the transportation problems that we have in our state.”
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The Taxpayer’s Bill of Rights includes provisions beyond the required citizen vote on new or higher taxes.
Real estate purchases have much higher values than purchases of consumables. Purchasers of consumables such as household goods and of durable goods such as appliances and cars must pay a sales tax. Governments have looked hungrily at real estate purchases as possible sources of taxation, salivating over taking a portion of the value each time there is a sale.
That’s a bad idea.
Our Colorado Taxpayer’s Bill of Rights is comprehensive enough to prevent any government (“district”) from even proposing to add this type of tax. Because TABOR is written into the state constitution, any government would first have to initiate a statewide vote to overturn this provision before a new tax scheme could even be considered.
There are just a few existing real estate transfer taxes, which were “grandfathered in” upon the 1992 passage of TABOR. There is a trivially small (.0001) statewide tax, mislabeled a “document fee,” for each sale. It was initially imposed just to provide an indication of sale price. There are 12 municipalities that have long-standing transfer taxes, all in the mountains and on the Western Slope. In addition to a prohibition of new transfer taxes, no rate increase is allowed for any existing transfer tax. For more detailed information, follow this link: http://thetaborfoundation.org/colorado-real-estate-transfer-taxes/
Colorado constitution (Article X, Section 20), paragraph 8(a) states: “New or increased transfer tax rates on real property are prohibited.”
The provision was included within the Taxpayer’s Bill of Rights as an additional protection for citizens. A specific real estate sale might go forward in Colorado, when it otherwise might not quite reach the buyer’s threshold with the additional burden of an onerous transfer tax.
Denver’s 2021 budget reveals that the city expects to collect $14 million in new sales tax revenues this year by taking advantage of a 2018 United States Supreme Court ruling for the first time. The State of Colorado began collecting new sales tax revenues under the same scheme in 2019.
These tax increases have come without voter consent, raising the question of whether sales tax rates should be lowered to offset the increases.
Key Takeaways
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Prior to 2020 and the global economic and cultural upheaval caused by the COVID-19 pandemic, Colorado stood out for having strong economic growth and offering a desirable lifestyle. Coloradans had created the #1 state economy and enjoyed competitive advantages in attracting business growth and an educated workforce. In fact, in late 2019, US News World Report ranked Colorado’s business climate as one of the best in the nation.
However, after two periods of negative economic shocks in 2020, in both late spring and through the holidays, the state of business in Colorado remains under duress.
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Americans for Tax Reform President Grover Norquist warns the White House is ‘heading in the wrong direction’ with tax increases to make up for economic losses during the coronavirus pandemic.
If your only tool is a hammer, everything looks like a nail.
For Democrats today, the solution for every new issue is another tax increase. Name the “problem” and their “solution” is a higher tax on American families and businesses.
Every issue is an excuse to expand the size and scope of government and implement trillions in new taxes.
Even in the recent $1.9 trillion COVID “relief” spending spree legislation, Democrats put in a proviso that they believe will stop any tax reduction by Republican-led state governments for the next four years: If a state cuts taxes the Biden administration will threaten to sue to get their “bailout money” back.
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A new enterprise fund proposed by Republican Sen. Don Coram will go to the voters if it makes it way out of the state legislature.
The bill, that would provide financing to water providers for myriad things, lacked support by some who would otherwise embrace an idea for more revenue to fund water storage in Colorado.
The biggest issue with Senate Bill 21-034, brought by the southwestern Colorado senator, was it proposes a new enterprise fund, funded by a new fee on water that detractors saw as being in conflict with the Taxpayer’s Bill of Rights (TABOR) if it did not go to the public for a vote.
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