Jul 25

Governor sued over state’s plan to keep tax on overtime

LEGISLATURE

Governor sued over state’s plan to keep tax on overtime
Policymakers grapple with the effects of GOP’s federal tax law
By Seth Klamann

A conservative advocacy group and a state senator sued Gov. Jared Polis and the head of Colorado’s tax agency Thursday, alleging that recent legislation requiring the continued taxing of overtime pay — in the face of federal changes — violates the state constitution.

The lawsuit, filed in Denver District Court, argues that House Bill 1296 violates the state’s Taxpayer’s Bill of Rights, or TABOR, which requires voter approval before the state can levy new taxes.

HB-1296, which Polis signed into law in May, requires the state to continue taxing overtime starting next year — and it was passed in anticipation of a provision in Congress’ tax law this month that temporarily will allow workers to deduct a large portion of overtime from their federal taxes.

Colorado’s law was drafted as federal debates about cutting taxes on overtime — a campaign promise by President Donald Trump — were developing. Now lawmakers are grappling with the potential for hundreds of millions of dollars in cuts to state funding resulting from the final tax bill.

The new lawsuit, which Democrats dismissed as a political stunt, was filed by Advance Colorado and Republican Sen. Barbara Kirkmeyer, as well as by a Fremont County commissioner, Kevin Grantham — a former Senate president — and two Coloradans who receive overtime pay.

Income declared on earners’ state tax return typically is influenced by what is on their federal tax forms. The lawsuit alleges that restarting the overtime taxation at the state level constitutes the creation of new revenue, which would require voter approval, and it asks a judge to invalidate the law.

The state legislation didn’t necessarily create a new tax, although it changed the collection mechanism to ensure that tax on overtime still was collected regardless of federal changes. Functionally, it continues a tax on overtime income that the federal government now allows to be deducted to a significant degree — up to $12,500 annually — for the next four years.

Michael Fields, the president of Advance Colorado, accused Democratic lawmakers of trying to sidestep TABOR and voter approval.

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Step Up. Speak Out. Defend TABOR.

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The TABOR Foundation is looking to revive its’ speaker’s bureau.  Many of you will remember that we tried, with mixed results, to establish a speakers’ bureau to provide speakers for interested groups around the Denver metro area and across the state.  The goal, of course, is to educate people about the value of The Taxpayer’s Bill of Rights in limiting the state’s ability to tax its citizens.

 

In our past efforts to make the speakers’ bureau work, we had our ducks in a row—for the most part.  We have developed a PowerPoint presentation and have a laptop computer dedicated to that presentation.  We acquired a digital projector and a screen specifically for our speakers.  We also were able to tap into expert help with our messaging and for polishing our presenters’ skills.

 So, where’s the weak link?  Clearly, it’s in getting speaking engagements scheduled.  Doing so requires someone willing to make calls to groups that are looking for speakers for their (usually monthly) meetings.  To this point, we have had one person who committed to making calls to schedule speakers.

Let’s be honest.  There’s some tedium involved in scheduling these engagements.  The scheduler will typically need to contact the person in the organization who is responsible for the group’s programs.  There’s phone tag.  Or, you get to speak to the correct person only to find out that someone else has taken over the responsibility, and you’ll need to speak to him.

On the positive side, we plan to start approaching friendly groups—other like-minded organizations where members would be most receptive to our message.  Conversations tend to be easy.  Callers would likely find their calls to be well received.  It may take some patience to find a meeting time that matches our speaker’s schedule—a bit more tedium—but the person on the other end of the line will probably be helpful and cooperative.

Here’s the part where we want to improve on past efforts.  We’d like to find two volunteers who would commit to scheduling two speaking engagements per month.  Perhaps better still would be to find four callers, each of whom would commit to scheduling one engagement per month.  Assuming we can find multiple callers, we should probably plan on regular (monthly?) discussions to talk about how things are going and to address challenges people may be having.  I guess the bottom line is that we need volunteers who care about limited government and who want to contribute to the effort to rein in government excesses.

We’re asking for your help.  If you would be able to commit maybe a couple of hours per month to schedule engagements for us, I’d very much like to talk to you.  Or, if you might know of someone who would be willing to take on this role, I’d like to speak to you with the hope that you would make an introduction.

Bob Foland
Executive Director, The TABOR Foundation

TheTABORfoundation@gmail.com
Info@TheTABORcommittee.com

 

Jul 09

AFP-CO Launches TABOR Campaign Urging Coloradans to Contact Lawmakers

AFP-CO Launches TABOR Campaign Urging Coloradans to Contact Lawmakers

Jul 8, 2025 by AFP

DENVER, CO — Today, Americans for Prosperity-Colorado (AFP-Colorado) announced the launch of a statewide campaign targeting lawmakers who voted to in favor of repealing Colorado’s Taxpayer’s Bill of Rights (TABOR). The campaign also highlights and thanks lawmakers who voted to protect taxpayers and the Taxpayer’s Bill of Rights by opposing House Joint Resolution (HJR) 25-1023.

TABOR has been saving Coloradans more of their hard-earned money for three decades by requiring voters to approve tax increases. More than 70% of Coloradans support TABOR, yet year after year, Democrat lawmakers in Denver dream up new ways to gut it.

To continue reading the rest of this TABOR story, click (HERE) to go to the AFP website.

 

Jun 12

It’s Worse: Local Governments use Taxpayer Money to Lobby Legislature for TABOR Repeal, Raise Taxes!

 

Local Governments want to raise your taxes.

Thankfully, we have the Taxpayer’s Bill of Rights (TABOR) that prevents them from taking more of your money without voter approval.

Of course, Politicians and Bureaucrats have been working for years to subvert TABOR.

This year, Democrats in the State Legislature have sponsored a Resolution to initiate a lawsuit (paid for by taxpayers) to repeal our Taxpayer’s Bill of Rights.

And to make matters worse, local governments have been using their taxpayer-funded resources to lobby the Legislature in favor of this TABOR Repeal Lawsuit!

And as Natalie Menten explains in our video, we also have non-profit organizations (some of which have received taxpayer money) also lobbying in favor of repealing TABOR!

It’s wrong on so many levels!

Taxpayers and voters need to stand up and speak out against this blatant attempt to overturn the will of the people and attack our citizen initiative process!

Natalie also provides an update on the TABOR Repeal Lawsuit Resolution and shares video she took at the State Capitol during the Committee Hearing.

Links from Video:

Bob Marshall statement during testimony: https://www.youtube.com/watch?v=WsfSsvMGllk

Require General Assembly TABOR Constitutionality Lawsuit HJR25-1023: https://leg.colorado.gov/bills/hjr25-1023

Colorado Secretary of State Lobbyist Search: https://www.sos.state.co.us/lobby/SearchSubject.do

Natalie’s cartoons from the presentation

Get on the Free State Col

Jun 12

Colorado’s TABOR Under Attack from Greedy Legislators! They Want More of Our Money!

Coloradans voted to protect themselves from government overreach in 1992 with the passage of the Taxpayer’s Bill of Rights (TABOR).

Since then, greedy politicians have been trying to repeal TABOR, and raise our taxes to unlimited levels.

Thankfully, they haven’t been able to remove TABOR from our State Constitution.

But these sneaky politicians have found ways to skirt TABOR by increasing fees instead of taxes, and legislative schemes to steal more of our money.

Cory Gaines joined me to discuss this year’s legislation designed to subvert TABOR and grow government beyond what is constitutionally allowed.

Links:

HJR25-1023: Require General Assembly TABOR Constitutionality Lawsuit: https://leg.colorado.gov/bills/hjr25-1023

SB25-173: Revenue Classification Taxpayers Bill of Rights: https://leg.colorado.gov/bills/sb25-173

Information on State Enterprises: https://leg.colorado.gov/publications/state-government-enterprises-1

May 19

What is TABOR: The Taxpayer’s Bill of Rights? – Advance Colorado Rundown

Advance Colorado Executive Vice President Kristi Burton Brown gives a brief history and explanation of Colorado’s unique taxpayer protection: the Taxpayer’s Bill of Rights. This revenue cap limits the state government’s ability to spend taxpayer dollars and requires refunds to be sent to Coloradans when the government collects beyond the limit.

May 07

Legislators debate whether to sue over Taxpayer’s Bill Of Rights (TABOR)

FNF Tax Form
Leon Dewiwje | Unsplash
(The Center Square) – Colorado lawmakers are scheduled in the final days of the legislative session to consider a joint resolution that would require the General Assembly to sue over the state Taxpayer’s Bill of Rights.

The joint resolution only has until Wednesday to pass, before the General Assembly adjourns sine die. It hasn’t moved in the chamber since April 10, when it was laid over.

TABOR is the constitutional amendment passed by voters in 1992 that requires voter approval for all tax increases. The amendment also limits state revenue growth to inflation plus the rate of population growth, with the intent of controlling state spending. TABOR also requires any revenue surplus to be refunded to taxpayers.

To finish reading this TABOR story, please click (HERE) to go to The Center Square.