Category Archives: TABOR news story

Oct 07

Will school districts make the difference in the legal fight against TABOR, Colorado’s tax law?

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By Yesenia Robles
yrobles@chalkbeat.org
PUBLISHED: October 3, 2016 – 7:55 p.m. EDT

colorado-capitol-dome-tabor( Photo by Denver Post file )
A long-running legal challenge to Colorado’s constitutional amendment limiting tax revenues gained significant new allies Monday: school boards from five school districts.
Earlier this year, the U.S. Court of Appeals for the 10th circuit ruled that the lawsuit brought in 2011 had no standing because the original plaintiffs were not “directly injured by the law.”

The hope is that adding school districts to the lawsuit will meet that standard, and convince a district court judge that the lawsuit should proceed.

The boards from Denver Public Schools, Boulder Valley School District, Pueblo City Schools, Cheyenne County School District and Gunnison Watershed School District joined the suit.
Mike Johnson, a Denver school board member, said in a statement that since TABOR was enacted 24 years ago, Colorado has dropped to No. 42 in the nation in public funding for education, more than $2,000 per pupil lower than the national average.

“We are joining this lawsuit to restore the ability of the DPS board and the legislature to fund public education at the level Colorado students deserve,” said Johnson, who made the case to his board colleagues last month to join the lawsuit.

The Taxpayer’s Bill of Rights, or TABOR, was passed by voters in 1992. The law requires that local governments get approval from voters before raising taxes. It also limits the amount of taxes the government can collect, triggering refunds if revenues exceed an annually-adjusted cap, unless voters allow the government to keep the extra money. Continue reading →

Oct 07

Colorado school districts join legal fight against TABOR

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School officials say they have standing as plaintiffs because of drop in funding

Colorado school boards who claim Colorado’s Taxpayer Bill of Rights has decimated student funding have joined a five-year legal fight to have the law dismantled.

Five Colorado school boards have been added as new plaintiffs in the original federal lawsuit filed against the anti-tax measure, also known as TABOR. The suit was filed in 2011 and led by state Sen. Andy Kerr and House Speaker Dickey Lee Hullinghorst.

In June 2015, the U.S. Supreme Court returned the case to the 10th U.S. Circuit Court of Appeals in Denver for further review. But in June 2016, the Court of Appeals determined the legislative plaintiffs did not have standing to sue. The case was then sent back to U.S. District Court.

Lawyers for the original plaintiffs hope to keep the suit alive with the addition of the school districts, saying the districts have legal standing to sue because they have been directly injured by TABOR.

To read the rest of the story, click (HERE):

Oct 07

TABOR lawsuit is back, stronger than ever

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TABOR lawsuit is back, stronger than ever

After suffering a major setback earlier this year, the legal team trying to repeal Colorado’s Taxpayer Bill of Rights amendment is back and charging once again into the breach.

Better known as TABOR, the amendment limits state spending and prohibits tax increases without a vote of the people. It has been panned by many lawmakers and policy analysts, and some point to it as a reason why Colorado lags in education funding nationally. Still, supporters believe it is a venerable effort at direct democracy.

In 2011, a group of public officials filed a lawsuit against the 1992 TABOR amendment, which puts an annual cap on the state’s tax revenue, on the grounds that it is unconstitutional. The case is officially filed against Governor Hickenlooper, who as head of state represents the Colorado Constitution. In the intervening five years, the case’s legitimacy has been, at different turns, supported, disputed and ultimately denied.

In 2013, two years after the case was filed, the Tenth Circuit approved it, heard it and handed down a decision in favor of the plaintiffs in 2014. But Colorado’s then-Attorney General, John Suthers, challenged that decision, arguing that the plaintiffs did not in fact qualify to be heard. The Supreme Court sided with Suthers and issued an order for the Tenth Circuit to reconsider the case in light of a recent decision, Arizona Legislature v. Arizona Redistricting Commission, that mandated that plaintiffs in this kind of case must be composed of complete government bodies, not just individuals. Continue reading →

Oct 07

Young: Raise the bar? Not if we can’t be rid of TABOR

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john-young-for-tabor-story

I’ve got a four-word reason not to vote for Proposition 71, the Nov. 8 ballot issue that would make it harder to amend the Colorado Constitution.

Four words: Taxpayers’ Bill of Rights.

Now, understand: I agree with the sentiment behind Proposition 71. It’s just that voters should fear the likely result: a lifetime of TABOR.

I say this while admitting that proponents of 71 are right. The state constitution is too easy to amend. And TABOR is prima facie evidence of that.

Based on how TABOR has impacted Colorado, the last thing voters should want to do — particularly the voters of Fort Collins — is change the constitution in a way that makes it harder to amend TABOR out of it.

No, don’t make it harder to revoke bad fiscal policy. Give smart fiscal policy an even chance to win.

TABOR, approved by voters in 1992, is not just bad policy, it’s the worst policy Colorado voters ever conjured. Its spending limits impede lawmakers from making the most fundamental policy decisions, whether they involve highways or schools, water or the environment.

When bad economic times hit, state services get clobbered. When good times come around, those services are prevented from reclaiming what ground they lost. TABOR is to blame.

TABOR causes the state to do crazy things like ask voters for permission to spend money they’ve authorized. Right now Fort Collins voters are being asked that very thing. Continue reading →

Oct 07

Pueblo City Schools joins in lawsuit challenging TABOR

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Pueblo City Schools joins in lawsuit challenging TABOR

Pueblo City Schools (D60) has added its name to a list of plaintiffs in a constitutional challenge to Colorado’s Taxpayer’s Bill of Rights.

During its regular September meeting, the board of education approved a resolution that will see the district become part of the Kerr et al v. Hickenlooper civil lawsuit, filed in 2011 in U.S. District Court in Colorado.

The plaintiffs — current and past state legislators, public officials, educators, administrators and private citizens — have sued to overturn TABOR.

“The ability of Pueblo School District No. 60 to provide adequate education services to its students depends in part on its ability to convince the Colorado General Assembly to adequately fund the Public School Finance Act,” the approved resolution declares.

Additionally, the Taxpayer’s Bill of Rights “prevents the state and its local school districts from fulfilling their constitutional obligations to adequately fund the public schools” and has impinged on the district’s ability to provide for the education of its children “due to requirements for elections to approve any increases in the property tax mill levies.” Continue reading →

Sep 29

One Rural Colorado District Sees Closing Funding Gap As Voter Education Challenge

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RE-1 Valley Superintendent Jan DeLay giving a presentation discussing the finances of the school district. By building more understanding of the situation, she believes she can build momentum for a $2 million ballot measure for funding.

Jenny Brundin/CPR News

How schools are funded in Colorado is so complex, there’s a joke that only five people in the state truly understand it.

Superintendent Jan DeLay in northeastern Colorado’s RE-1 Valley School District is on a mission to change that. She’s convinced that once average citizens understand why so many districts like hers are in a fiscal crisis, they’ll approve a local tax measure on the ballot to fund RE-1.

The money would be would be used to attract and keep teachers and to expand academic opportunities for students through technology, textbooks and other programs.

The last time the district passed a mill levy was in 2005, for $500,000 to update buildings, technology, textbooks and transportation. DeLay says that money is gone within the first couple of months in the new school year. Continue reading →

Sep 24

State Senate race in Arvada could be tipping point for Colorado Legislature

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ARVADA, Colo. — The presidential race is important. The U.S. Senate race is important. But because Washington is so gridlocked, there is a good chance not much will be done regardless of who wins.

TABOR reforms
Woods: Against changing TABOR (Good)
Zenzinger: Supports some changes, like hospital provider fee (Bad)

A different occurrence might unfold in Colorado if Democrats have their way in Senate District 19, a district made up mostly of Arvada.

Currently, Republicans hold a one-seat majority in the Colorado State Senate. Those Republicans often find themselves stopping legislation that the Democratic House and the Democratic governor want to pass.

On the front lines in the Republican fight to defend the Senate is Republican  incumbent Laura Woods.

“Industry and business want the Senate to remain in Republican hands,” Woods said as she knocked on doors Wednesday. Continue reading →

Sep 10

TABOR Timeout effort set for new pool

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BY KRISTEN M. WHITE THE PUEBLO WEST VIEW | KWHITE@PUEBLOWESTVIEW.COM |
Published: September 8, 2016; Last modified: September 8, 2016 10:24PM

The people involved with a grassroots effort in Pueblo West to build a new swimming facility hope they will have positive impact on this November’s ballot issue, helping local residents understand the issue and get it passed.

The Pueblo West Metropolitan District Board of Directors just approved the language for a November ballot issue in which the District will ask for a “TABOR timeout.”

In doing so, that money for the next 10 years would be used solely for the Pueblo West swimming pool.

The grassroots effort now has more than 100 people behind it, local folks who are rallying for a new swimming facility to be built in Pueblo West to replace the very aged one currently in use.

“That pool was built 40 years ago when our population in Pueblo West was 1,500 people.

“Now it’s 30,000 and it’s time to bring our facilities into this century,” said Grant Shay, a local resident who has helped get the efforts going in the community.

Continue reading →

Aug 17

Letter: ‘The rest simply pay for it’

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My wife and I have lived in Pueblo West for nearly seven years.

We bought property and built a new home here because of the rural feel, the privacy, the huge vistas and to escape the many downfalls of the city of Pueblo.

Not the least of which was the ceaseless badgering by city council and other government entities for more money for pet projects.

Ballot tax initiatives were repeated ad nauseum due to a refusal to take no for an answer. We grew weary of the arrogance associated with that mindset and having to repeatedly fend off the never ending assaults on our wallets.

Recently, we have witnessed an increase in efforts of this ilk here in Pueblo West. Continue reading →

Aug 06

Hate Big Government? Crush New Smoking Taxes

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Hate Big Government? Crush New Smoking Taxes.

POSTED BY ON JUL 12, 2016 IN BLOG

Hate Big Government? Crush New Smoking Taxes.

 Aren’t you glad we live in a state where, due to TABOR, politicians have to ask us before soaking hardworking taxpayers? I like to call it “consensual taxation.”

In 2013, Coloradans overwhelmingly defeated Amendment 66, which would have been a $1 billion annual tax increase. The politicians wanted this tax increase, but the voters said no by a margin of 66-34. Thanks to TABOR, they had to ask us. We said politely declined.

This November, we will have the opportunity to vote on Amendment 69, which would create a single-payer health plan in Colorado at the cost of a new 10% payroll tax. It’s been widely panned, even by the Democrats, including US Senator Michael Bennet.

 

Continue reading →