Category Archives: TABOR Refunds

Aug 11

Public invited to comment on TABOR ballot proposal

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Helen Robinson

El Paso County residents are invited to attend and participate in two meetings during the month of August in which the Board of El Paso County Commissioners will discuss a possible November ballot question to fund road infrastructure projects and deferred parks maintenance. The meetings will be held during the board’s regularly scheduled Tuesday meetings on Aug. 17 and 24.

Commissioners will refund $7.1 million in excess 2020 revenues to taxpayers regardless of how the question under review moves forward, according to a county-issued news release.

“The 2020 refund is important to ensure full community recovery from COVID-19,” the release said. “Without raising taxes, the proposed ballot question would enable the county to address around $15 million of backlogged road and parks projects by allowing the county to retain funds collected in 2021 above the Taxpayer Bill of Rights (TABOR) cap. The proposal would restrict the $15 million of the revenue for specific road infrastructure and parks projects, reset the cap to reflect 2021 revenue.”

“We want to hear from our citizens as we weigh the possibility of adding a TABOR question to the November ballot,” Stan VanderWerf, chairman of the board of county commissioners, said in the release. “Our Department of Public Works estimates we have hundreds of millions of dollars in deferred maintenance road needs in our county. This is one option to address the problem, but our citizens are smart and informed. We need to hear from them to see what ideas they have.”

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Aug 11

Submitting FOR or AGAINST statements in your local TABOR ballot issue notice

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 Submitting FOR or AGAINST statements in your local TABOR ballot issue notice

One great though lesser-known benefit provided in the Colorado Taxpayer’s Bill of Rights (TABOR) is the local ballot issue notice. This guide is sent by mail at least 30-days before the election to all households with one or more registered voters.

The TABOR ballot issue notice includes content and details about upcoming ballot issues which increase taxes, add debt, or suspend government revenue limits. It includes a section where registered electors have the opportunity to submit FOR or AGAINST comments, up to 500 words each.

You should know that there are two types of TABOR ballot issue notices. One notice is for the statewide elections and commonly referred to as the “Blue Book.” The other notice is for elections held by local governments such as a town, school district, or special district. You could potentially get more than one of these in the mail.

Several years back, Dennis Polhill challenged the Colorado Union of Taxpayers by pointing out that of some 300 tax issues statewide during a ballot year, only 15 had the taxpayer’s voice printed in a ballot issue notice.  That’s only 5 percent!  You can make a big difference and amplify your voice by being an author of the next ballot issue notice submittal.  May we count on you please to participate?    Considering that you reach thousands of voters, being able to submit comments in the TABOR notice costs almost nothing and takes relatively little time & energy.

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Jun 19

Colorado’s economy has recovered so quickly that the legislature will have to refund taxpayers under TABOR

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While state coffers have recovered and employment is increasing, low-income, Black and Hispanic workers still lag in job recovery

Jesse Paul and Thy Vo

11:12 AM MDT on Jun 18, 2021

The Colorado Capitol is seen on Monday, June 7, 2021, during the final days of the 2021 legislative session. (Olivia Sun, The Colorado Sun)

 

Colorado taxpayers will be refunded as much as $2.8 billion in tax revenue collected over the three fiscal years because the state’s economic recovery from the coronavirus crisis has been so swift and strong and because of growth limits under the Taxpayer’s Bill of Rights.

That’s according to two tax-revenue forecasts — one from nonpartisan legislative staffers and another from Gov. Jared Polis’ office —  presented to the legislature’s Joint Budget Committee on Friday.

The state’s TABOR cap is calculated through population growth and inflation. When the cap is exceeded, the legislature is required to refund the excess, most often through a future tax break, such as an income tax reduction. Lawmakers can seek voter approval to retain the revenue as well, but that appears unlikely to happen in the near future.

Nonpartisan fiscal analysts and the governor’s office forecast that the cap will be exceeded in the current fiscal year, the 2021-22 fiscal year, which begins in July, and the 2022-23 fiscal year, which begins in July 2022.

“The past quarter’s growth has been truly remarkable and unexpected,” Lauren Larson, director of the Governor’s Office of State Budgeting and Planning, told the JBC.

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May 12

Debunking the top 5 misleading claims about Colorado’s Taxpayer Bill of Rights experience

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  • Debate over North Carolina’s recently proposed Taxpayer Bill of Rights will begin heating up soon
  • Opponents will likely try to portray Colorado’s experience in a negative light, to serve as a warning
  • Their major claims, however, are easily debunked

North Carolina legislators recently filed a bill that would enable voters to decide if a Taxpayer Bill of Rights should be added to the state constitution.

The main feature of a Taxpayer Bill of Rights is that it would limit the annual growth rate of the state budget to a rate tied to inflation plus population growth. Other provisions would require voter approval of tax increases and mandate that excess revenue collections be used to bolster the state’s Rainy Day fund and refunded back to taxpayers.

The benefits of a Taxpayer Bill of Rights are many, most notable in that it would make permanent the fiscal restraint that conservative lawmakers have exercised over the last decade. Common-sense restraints on spending can smooth out spending cycles, better prepare the state for economic downturns, and enable tax cuts to make North Carolina more competitive for investment and job growth.

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Dec 22

Lower South Platte Water Conservancy District accused of improper mill levy increase

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District president says they need the extra revenue to provide same level of service

HILLROSE, CO – JUNE 25: Water from the South Platte River flows into the Prewitt inlet ditch and will end up in Prewitt Reservoir on June 25, 2019 near Hillrose, Colorado. Neiman, who has worked for Prewitt Reservoir for 46 years, oversees and manages the water that is diverted off of the South Platte River that goes into the Prewitt inlet ditch and ends up in Prewitt Reservoir. The reservoir helps supply sufficient water for the irrigation of sugar beets. The reservoir is also used recreationally for swimming, fishing, hunting and other water recreation. When the reservoir is full it has a surface area of 2,340 acres. Prewitt Reservoir was financed and built by the Great Western Sugar Company and began construction in 1910 and was completed in 1912. (Photo by Helen H. Richardson/The Denver Post)

By JACK HARVEL | JHarvel@fortmorgantimes.com |
PUBLISHED:  | UPDATED: 

In December of 2019 the county commissioners in Morgan, Logan, Sedgwick and Washington counties certified the Lower South Platte Water Conservancy District at 1.000 mills, double the amount allocated them on a yearly basis since early in the district’s formation.

Since then a group of property owners have been seeking recourse for the decision, claiming that the increase in mill levy was a violation of the Taxpayer Bill of Rights, which necessitates voter approval of both tax increases and the retention of excess funds if revenues grow faster than the rate of inflation and population growth. On May 19 William Banta, an attorney and legal council for the TABOR committee, sent a letter to the district.

“It has come to our attention that, in spite of TABOR, the Board of Directors of the Lower South Platte Water Conservancy District increased the District’s mill levy for 2020 without having voter approval,” the letter said. “Although we understood that the district received permission from the voters in 1996 to keep and use excess revenues there was no approval to increase a mill levy.”

The 1996 ballot measure is central to the district’s legal argument. The voters approved the ballot measure giving the district the right to retain and spend an additional $13,025 and access “the full proceeds and revenues received from every source whatever, without limitation, in 1996 and all subsequent years.”

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May 13

Coronavirus may trigger the second-largest property tax cut in Colorado history, further crippling local budgets

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The reductions under Colorado’s Gallagher Amendment would slash total school district revenue by an estimated $491 million. Fire districts would also be hard hit.

At a moment when state and local governments are already drowning in red ink, Colorado’s constitution is now projected to trigger the second-largest residential property tax cut in modern history.

Under forecasts presented Tuesday, Colorado lawmakers could be asked to cut residential property taxes by nearly 18% in 2021 to comply with a tax-limiting constitutional provision known as the Gallagher Amendment.

For homeowners, it would mean permanent financial relief at a time of rising unemployment and deep economic uncertainty. But if the cut goes through as projected, it would have cascading effects at nearly every level of government in the state, gashing the budgets of property-tax reliant fire districts, county governments and schools.

The reductions would cut total school district revenue by an estimated $491 million. About half of that gap will impact the state budget, which is constitutionally required to backfill certain school funding shortfalls, even as it faces a fiscal catastrophe of its own as sales and income tax revenue plummet. In one fell swoop, it could wipe out all the recent gains the state had made in erasing its unfunded debt to schools, formerly known as the negative factor. At the county level, statewide revenue could drop by $204 million.

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May 08

TABOR: GOOD MEDICINE OR BAD?

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Constraints will help Colorado governments weather downturn

 

Shelby Meyer passes by The Irish Rover, one of many restaurants and bars now shuttered along South Broadway in Denver on April 14. The coronavirus has caused many businesses to shut their doors during the coronavirus pandemic. Helen H. Richardson, The Denver Post

By Peg Brady
Guest Commentary

Peg Brady is a retired software analyst and designer. She has served on the TABOR Foundation Board of Directors for more than a decade.

The Denver Broncos and Food Bank of the Rockies hosted a mobile pantry at Empower Field at Mile High on April 27 to help people in need during the pandemic. RJ Sangosti, The Denver Post

The Taxpayer’s Bill of Rights (TABOR) has provided welcome stability to Coloradans as we all deal with the coronavirus pandemic. This provision of our state constitution allows all governments throughout Colorado an automatic but reasonable annual budget increase. The limits keep governments from growing too fast.

Therefore, when the economy gets into trouble, Colorado state and local governments have a more firm base for their spending and do not need to cut as drastically as other states. Government programs are more sound, strong and sustainable than if they had grown as fast as ambitious politicians often wanted. TABOR helps us to confront the current crisis.

Moreover, just when families and businesses are struggling, the Taxpayer’s Bill of Rights has led to timely tax relief. The state tax system has evolved so that, when times are good, it over-collects tax revenue. Last year, Colorado over-collected $428 million. TABOR mandates that the state rebates to you excess revenue collected during a fiscal year. So, the 2019 tax rate has been reduced from the usual 4.63% to 4.5% — a 0.13% drop.

You won’t receive a tax refund check; instead, the legislature reduced the income tax rate. Because the rebate is being accomplished through the lower tax rate, you may not recognize how much money you saved. Still, because the state will not incur the cost of issuing and mailing checks, we save that expense as well.

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Apr 27

Colorado lawmakers are looking at how to close a $3 billion budget shortfall. Here’s the roadmap.

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The Joint Budget Committee will begin reviewing recommendations for spending cuts this week to rewrite the $30 billion state budget

The impact of the coronavirus pandemic on the $30 billion-plus state budget begins to take shape this week as lawmakers consider massive spending cuts.

How much tax revenue Colorado will lose to the paralyzed economy remains uncertain, but the governor’s budget office is projecting $3 billion in lost revenue for the current fiscal year and the next.

The General Assembly’s budget writers on Monday will start reviewing recommendations from legislative analysts for potential spending cuts across all government agencies. The documents are expected to include scenarios for slashing budgets as much as 20% and force legislators to make hard choices that will impact most Colorado families, according to drafts reviewed by The Colorado Sun.

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