The Colorado Supreme Court has continued its demolition campaign against the Colorado Taxpayer’s Bill of Rights (TABOR) with a new decision further restricting the people’s right to vote on tax increases. This latest decision comes less than a month after the court held the people have no right to vote on a law that re-adjusted sales tax exemptions in a manner that increased revenue.
Aspen City Council banned plastic grocery bags, shown here in a market in Snowmass Village, in 2011, while implementing a 20-cent fee on paper bags. The Colorado Supreme Court on Monday found that the fee was not a tax.
The Colorado Supreme Court, in a 4-3 decision announced Monday, upheld Aspen’s fee on paper grocery bags, finding that the 20-cent charge is not a tax because it offsets the costs of a municipal waste-reduction program.
The state high court upheld a district court decision from 2014 and a Colorado Court of Appeals ruling from 2015. The Colorado Union of Taxpayers, a Lakewood-based group that advocates for conservative tax policy, brought the lawsuit following the program’s implementation in 2012, arguing that the fee is actually a tax. Since new taxes must be approved by voters under the Colorado Taxpayer’s Bill of Rights constitutional amendment, the group argued that the fee, which was not put up for voter approval, was unconstitutional.
Aspen City Council in 2011 passed the so-called waste-reduction ordinance, which banned single-use plastic bags offered upon checkout at local grocery stores and required the 20-cent fee for paper bags. The program’s goal is to encourage shoppers to bring reusable bags while ridding the community of the ubiquitous plastic bags that create an environmental hazard when not disposed of properly and otherwise contribute to the waste steam.
Editor’s Note: Denver7 360 stories explore multiple sides of the topics that matter most to Coloradans, bringing in different perspectives so you can make up your own mind about the issues. To comment on this or other 360 stories, email us at 360@TheDenverChannel.com. See more 360 stories here.
DENVER — Whether you’ve lived in Colorado for a short time, or your entire life, you’ve probably heard about what’s known as TABOR: The Taxpayer’s Bill of Rights.
Promoted by Republican lawmaker Douglas Bruce, voters in Colorado passed it back in 1992. Under the TABOR amendment, taxes can’t be raised without voter approval. That includes the state sales tax and property taxes.
“It ensures that government cannot grow beyond what the people want it to do,” said Michael Fields of the conservative-leaning group Americans for Prosperity.
Fields argues TABOR leads to smart spending with an existing budget, prevents government from getting out of control and gives people of Colorado the power to decide when it’s appropriate to raise taxes.
“I think you make the case to the people,” Fields said. “If you want to invest in something more, then go make the case to the people – convince them that they need more revenue and that’ll pass.”
But there’s another side to TABOR.
“It’s not something good to have on our books. It’s actually hindered our ability as a state to do many things,” said TABOR opponent Amie Baca-Oehlert, of the Colorado Education Association.
She says she feels TABOR is a roadblock for lawmakers that prevents them from making responsible spending decisions in places where it is needed most, like Colorado’s schools.
“That just doesn’t seem right in a state with such a fast-growing economy,” she said.
But Colorado needs money to fix our ailing roads and bridges. So a push is underway to convince voters to approve a sales tax hike this November. Educators are also pushing a tax increase to help public schools after a 2013 $1 billion proposed tax increase to pay for school funding was rejected by voters.
On Monday, the Colorado Supreme Court ruled that an Aspen grocery bag surcharge was not a tax and thus did not fall under TABOR – the second successful challenge in recent months.
But what’s next? For the moment TABOR is here to stay. In order for it to be reversed completely – we as Coloradans would have vote to change it.
When you look up the meaning of “clueless idiots” in the dictionary, it will redirect you to the Colorado Supreme Court.
SMH….
Colorado Supreme Court upholds Aspen bag fee
Author: Associated Press – May 21, 2018
A man carries multiple plastic bags. (ablokhin, istockphoto)
DENVER — The Colorado Supreme Court has upheld a 20-cent surcharge on grocery bags in the city of Aspen.
Monday’s ruling represents the second time in the last month that the court has rejected a constitutional challenge brought under the Taxpayers’ Bill of Rights. TABOR requires voter approval for all taxes.
The government can raise fees without asking voters as long as the proceeds pay for a related service. Park fees, for instance, can pay for park maintenance.
The Aspen City Council approved the fee in 2011 and has been using the proceeds for a waste management program.
A conservative nonprofit group sued, arguing that the bag charge was actually a tax.
The Supreme Court ruled 4-3 that the city’s waste reduction program was “reasonably” related to people using disposable grocery bags.
Colorado Supreme Courtroom in the Ralph L. Carr Colorado Judicial Center
Nagel Photography | Shutterstock.com
Over the last 25 years, the Colorado courts have consistently legislated from the bench to weaken the state’s Taxpayer Bill of Rights (TABOR), two prominent advocacy groups committed to limited government assert. A recent Colorado Supreme Court ruling is one among many that “weakened taxpayer’s rights,” they argue.
Voters approved TABOR on Nov. 3, 1992, which then became part of the state constitution after the governor issued a proclamation on Jan. 14, 1993.
TABOR requires voter approval of most tax and debt increases. It also requires each government to reserve a percentage of non-debt-service spending (an amount that has fluctuated) for emergency reserves. It states that TABOR “shall reasonably restrain most of the growth of government. All provisions are self-executing and severable and supersede conflicting state constitutional, state statutory, charter, or other state or local provisions.” Continue reading →
What might have been a precedent-setting decision in Colorado criminal case law instead became a ruling on harmless error, as the Colorado Supreme Court determined.
According to the Colorado Supreme Court, legislation that causes an incidental and de minimis increase in tax revenue does not amount to a “new tax” or “tax policy change” under the Taxpayer Bill of Rights, and consequently doesn’t require voter approval.
The decision issued April 23 in TABOR Foundation v. Regional Transportation District settles a 2013 lawsuit against RTD, Scientific and Cultural Facilities District and Colorado Department of Revenue that claimed House Bill 13-1272 violated TABOR because it resulted in a revenue increase without voter consent. The legislature passed the bill to realign sales taxes levied by RTD and SCFD with the state sales tax. Although the districts and state share a taxable base tangible personal property — the taxes levied had diverged over the years due to various differing exemptions.
House Bill 1272 removed exemptions from the districts’ taxes on sales of cigarettes, direct-mail advertising materials, candy, soft drinks, and nonessential food containers. Its passage resulted in a projected tax revenue increase of 0.6 percent for the districts, which amounted to less than 1 percent of SCFD’s budget and one thousandth of RTD’s budget. The TABOR Foundation sued the districts, claiming the removal of exemptions constituted a “new tax” or “tax policy change” because they resulted in the districts taxing things they had not before.
But the Supreme Court disagreed, and upheld the districts’ analysis of House Bill 1272’s purpose to simplify tax collections and ease administrative confusions associated with the exemption divergences. The court concluded the revenue increase was incidental and de minimis, so it did not violate TABOR.
The Colorado Supreme Court has issued another in a long string of rulings weakening the state’s Taxpayer Bill of Rights — the part of the Colorado constitution called “TABOR.”
The voters adopted TABOR in 1992 to protect Colorado’s fiscal and economic health. TABOR guarantees the rights of citizens to vote on certain hikes in government spending, taxes, and debt. Unfortunately, each anti-TABOR court decision has become precedent for further anti-TABOR decisions. The Colorado courts are bootstrapping themselves toward ultimate destruction of Coloradans’ right to keep their state fiscally safe.
In TABOR Foundation v. Regional Transportation District, citizens argued that a law standardizing sales tax exemptions should have been presented to the voters. The citizens pointed out that the measure was not revenue-neutral. Rather, it was what TABOR calls a “tax revenue gain.”
The topics that will dominate candidates’ messaging throughout the campaign season.
Growth
It is the best of times…or is it the worst of times? That depends a lot on how you feel about Colorado’s growth. “Normally, the economy would be the highest issue for most voters,” Paul Teske, a dean at CU Denver, says. “There will be a lot of talk about sustaining the boom.” But, adds DU’s Seth Masket: “There are a lot of different areas of the state that are adversely affected by this growth.” Transportation has become a perennial funding battle at the Capitol and could benefit from strong gubernatorial influence (read: political pressure) to make Republicans and Democrats find bipartisan ways forward. Meanwhile, the unemployment rate in Colorado is three percent (it was 8.9 percent at the end of 2010), which on its face is great news, but that near-full employment causes woes for companies desperate to fill jobs. Wages—particularly in the metro area—haven’t kept up with cost-of-living expenses, which means that although people are finding work, they may not be able to pay bills. And the biggest expense for many voters is rising housing costs. Mix that all together, and the moment is prime for a gubernatorial candidate to stand out by creating a unique vision for Colorado’s future.
Education
This may seem like a topic that matters most to people who are raising families, but this year, candidates will compel everyone to think about Colorado’s education system (funding here ranks in the bottom third of all states in the country). Which makes sense: Property owners help pay for schools, employers benefit from a well-prepared workforce, and we all want the best for society’s youngsters, right? But how we ensure we have a strong education system is quite a bit more complicated. Magellan Strategies’ David Flaherty says Republican candidates should be talking about education right now and through November. “It’s the one issue we completely give to the Democrats,” Flaherty says. “It’s unfortunate because it’s one of the top two issues for unaffiliated voters.”
Tabor
Conversations about addressing growing pains or giving more money to teachers inevitably evolve into talks about what to do about Colorado’s Taxpayer Bill of Rights (TABOR), which limits government spending to match population growth and inflation increases.
Under TABOR, which passed in 1992, leftover revenue is returned to the taxpayers. Proponents herald the limits on government spending; detractors warn that TABOR isn’t robust enough to respond to real-time needs, like shifting populations in schools due to high housing costs.
But Coloradans tend to like the control TABOR gives them: A January 2018 report from the American Politics Research Lab at CU Boulder found that “support among Coloradans outpaces opposition,” with 45 percent of respondents supporting TABOR.
That number has fallen since 2016, and the study notes that more than a quarter of respondents had “uncertainty about a position.” In short, there’s room for candidates to make TABOR the issue of the campaign.
Republican candidates are likely to support working within TABOR’s constraints. Democrats will probably talk more about reform or repeal.
Editor’s Note: Denver7 360 stories explore multiple sides of the topics that matter most to Coloradans, bringing in different perspectives so you can make up your own mind about the issues. To comment on this or other 360 stories, email us at 
