#HandsOffTABOR
#DontBeFooled
#ItsYourMoneyNotTheirs
#TABOR
#FollowTheLaw
#FeesAreTaxes
#VoteOnFees
#ReplaceThemAllForNotFollowingVotersWishes
Apr
07
Category Archives: Transportation
Apr
02
10th Circuit dismisses lawsuit challenging validity of TABOR
We just wanted to remind you that the premise of this case was settled in December, 2021 but the political party on the left doesn’t learn. Here’s the headline and story:
10th Circuit dismisses lawsuit challenging validity of TABOR
Chief Judge Timothy M. Tymkovich, writing for himself and six of his colleagues, concluded that the Boulder County Board of County Commissioners, a handful of school districts and one special district failed to show that the 1875 Enabling Act that guaranteed to Colorado a “republican” form of government had also given the local government entities the ability to challenge TABOR’s taxing and spending restrictions.
“Looking at the Enabling Act’s language, we conclude the plaintiffs cannot state a claim under the Act’s promise of a republican constitution. Neither the Enabling Act’s text nor structure supports the political subdivisions’ arguments. The clause promising a constitution republican in form has no clear beneficiary,” Tymkovich wrote in the Dec. 13 decision.
Apr
01
Democrats roll out tax and TABOR reform plan
Democrats roll out tax and TABOR reform plan to remake state finances, calling for “a reckoning”
Colorado lawmakers float legal challenge that, if successful, could kill TABOR outright
A group of Colorado lawmakers has unveiled a plan to fundamentally change state tax policy and attempt to eliminate the Taxpayer’s Bill of Rights, or TABOR.
The plan, announced Monday afternoon by Democratic legislators, includes reclassifying chunks of Colorado highway funding so it doesn’t fall under the TABOR spending cap, which would free up money for other things. They also hope to end Colorado’s flat income tax and replace it with a system in which higher-income taxpayers pay higher rates than low-income filers.
Lawmakers also introduced a resolution Monday that seeks to launch a lawsuit challenging the legality of TABOR, which was passed by Colorado voters in 1992, under the U.S. Constitution.
“The state is coming to a reckoning on whether we can sustain ourselves,” said Sean Camacho, a Denver Democrat. “And all of these measures are critical to figuring that out.”
The lawsuit resolution has attracted a roster of co-sponsors, including some top legislative leaders. The proposals come as Colorado faces a budget hole of more than $1 billion because of the cap set by TABOR.
TABOR limits how much state spending can grow based on inflation and population growth. Certain sectors of government spending, chiefly mandatory Medicaid costs, have far outstripped the pace of consumer inflation, effectively eating into how much the state can spend on nonmandatory programs.
To read the rest of this article, click (HERE) to go to the Denver Post.
Mar
29
Ballooning Medicaid costs, TABOR limits expose flaws in Colorado’s big government spending spree
Ballooning Medicaid costs, TABOR limits expose flaws in Colorado’s big government spending spree
By Rocky Mountain Voice Editorial Board
After years of overreach and unchecked government growth, Colorado lawmakers are now scrambling to plug a $1.2 billion hole in the state budget — a crisis largely of their own making.
Colorado budget writers voted Wednesday night to finalize a 2025–26 budget plan that slashes transportation funding, eliminates programs, and kicks key decisions down the road — all while Medicaid spending surges out of control.
Despite the so-called “cuts,” the budget still grows to over $16 billion. But massive increases in Medicaid — particularly long-term care for seniors and the disabled — are eating up the budget at an unsustainable pace. Democrat lawmakers admit the problem is only getting worse. “Next year, I see our fiscal challenges compounding,” said Rep. Shannon Bird, vice chair of the Joint Budget Committee (JBC), during a hearing.
Conservatives argue this crisis is a direct result of failed progressive governance: endless new programs, expensive mandates, and refusal to address structural overspending.
TABOR Targeted Again
Once again, the state’s taxpayer protections — the Taxpayer’s Bill of Rights (TABOR) — are being blamed by Democrats for the budget woes. TABOR limits government growth to population plus inflation, requiring refunds to citizens when revenue exceeds the cap.
Instead of thanking taxpayers for Colorado’s booming economy, JBC Chair Sen. Jeff Bridges (D-Greenwood Village) criticized TABOR: “When the economy is booming and the state is tightening its belt, that just doesn’t make sense,” he told The Colorado Sun. “It’s like, ‘why are you making these cuts?’ And the answer is TABOR.”
But to fiscal conservatives, it makes perfect sense. TABOR keeps the government from ballooning during economic highs and forces legislators to prioritize. That’s not dysfunction — it’s accountability.
Click (HERE) to read the rest of this editorial.
Mar
29
Unsustainable: Colorado budget structural deficit means widespread cuts
Unsustainable: Colorado budget structural deficit means widespread cuts
Unlike the federal government, the state is constitutionally mandated to produce a balanced spending plan each year.
That red flag warning from the chief economist of the Legislative Council and the director of the Joint Budget Committee staff in February signaled the problems ahead for the budget writers, as they tried to figure out not only how to cover a $1.2 billion general fund shortfall but also deal with a “structural deficit” that could affect future spending.
The structural deficit appears when state spending reaches the Taxpayer’s Bill of Rights cap. Despite a relatively healthy economy, according to recent forecasts, once the budget reaches the cap, without changes approved by voters, such as those made with Referendum C in 2005, lawmakers would be required to cut spending.
Joint Budget Committee members acknowledge that a structural deficit exists, but they differ on its causes and how to address it.
The panel had to come up with $1.2 billion in cuts from the general fund, which is the discretionary part of the state budget. The other two pots of money in the state budget are cash funds from fees and other sources, as well as federal dollars. The largest portion of federal funding, approximately $9 billion, is allocated to the Department of Health Care Policy and Financing, with the majority dedicated to Medicaid.
The budget panel “closed” the budget on Wednesday evening, March 26. It is now preparing to introduce what’s called the Long Appropriations Bill and possibly as many as 80 “orbital” bills that make the statutory changes needed to balance the budget. That’s a record, and by a long way; most years, the JBC offers no more than 30 orbitals.
“This is the most complicated budget that we have had,” said JBC Chair Sen. Jeff Bridges, D-Greenwood Village. “The complexity in this budget stems from our thoughtful, strategic, and bipartisan approach.”
Panel delays budget introduction as it scrambles to find solutions
On March 21, Bridges, recognizing that the budget would not be ready on time, sought and obtained permission from the Senate to delay it by a week, from March 24 to March 31. While it’s a week later than initially scheduled, it shouldn’t affect lawmakers’ ability to present the finished — and hopefully balanced — budget to the governor before late April.
The other decision the JBC made during the week of March 17 was to use the slightly more optimistic forecast presented on Monday by the Office of State Budgeting and Planning, which provided them with approximately $168 million more breathing room under the TABOR cap. That decision was adopted on a 4-2 vote, with the committee’s Republicans objecting. The latter preferred to use the more conservative numbers from the Legislative Council forecast.
The week’s delay bought the JBC time to tackle the most difficult decisions it faced in crafting the 2025-26 state budget — funding for higher education, Medicaid and specific programs within K-12 education, although the dollars for public schools will take place through the School Finance Act, a separate measure expected to be introduced shortly after the budget.
The most drastic cuts would be painful, budget drafters warned.
Click (HERE) to continue reading this story.
Jan
09
Gonzalez: Colorado’s TABOR Amendment serving taxpayers well
Gonzalez: Colorado’s TABOR Amendment serving taxpayers well
January 7, 2025 By Rep. Ryan Gonzalez
In 1992, Colorado voters passed the Taxpayer’s Bill of Rights, or TABOR, the nation’s strongest tax limitation law to this day. For those who are unfamiliar what TABOR really does, this amendment to the Colorado Constitution allows government spending to reasonably increase using a formula of population growth plus inflation. Excess revenue, known as the “TABOR surplus,” must be refunded to taxpayers. If state government wants to keep the surplus, or raise taxes, voters must approve. That is exactly why progressives abhor TABOR. But the truth is, a little north of 60% of Colorado voters approve of TABOR.
Many progressives have made their disdain for TABOR be known, having tried time and time again to chip away at TABOR’s taxpayer protections. And in many ways, they’ve done so; mostly by adding tax credits which pull from the TABOR surplus. They’ve done so by giving everyone equal tax refunds and redistributing wealth; taking from those who paid the most in state taxes and giving more to those who paid little.
In 2022, the Democrat majority, just before a critical midterm election, gave taxpayers what they called the “Colorado cash back” in disguise as a “stimulus” check. What they didn’t tell you is that it was actually your TABOR refund, just early and proportioned against historical distribution. Continue reading
Sep
18
OPPOSITION STATEMENT TO 2024 RTD TAX MEASURE
OPPOSITION STATEMENT TO 2024 RTD TAX MEASURE
Even the strongest supporter of mass transit must rethink this tax. It’s not a good idea nor is it the right time. Vote NO on the measure.
– Ridership is way down. It dropped to only 65.2 million “boardings” in 2023, when it had been 103.2 million boardings in 2019. That’s a huge drop. RTD wants this for ongoing operations, but that level of spending no longer matches the ridership.
- Management has not kept riders safe. Many people avoid using buses and light rail due to the dirty needles, assaults, open drug use, filth and crime.
- Management does not operate intelligently. How many times have long stretches of the rail system been shut down? Poor maintenance has left some rail routes going no faster than 10 miles per hour, keeping commuters from getting to work on time. Bus routes suffer reliability issues.
Lifting the TABOR budget limits would be a FOREVER tax. No sunset date. No revisiting it later.
Having no limit on budgets paid off construction debt of $779 million over the past 25 years. The project was built and paid off. The old tax scheme has ended. This extension is a tax increase by keeping what otherwise would be returned to you. If it were not a Taxpayer’s Bill of Rights requirement to vote on renewed taxes, it would not have to go to the ballot. When politicians mislead you to get your vote, it should be a red flag.
There is no plan to use this renewed tax plan for new bonds, and the revenue would just get dumped into the general fund. Vote down this tax extension and give RTD the opportunity to come back with specific ideas and costs, instead of a blank check for who-knows-what.
The state legislature has been seriously considering removal of an elected Board of Directors. We don’t even know who will be controlling the tax increase in a few years!
RTD charges you sales tax on a vast majority of goods, taking money out of your pocket when you buy toilet paper, school supplies, clothing, and groceries. It adds up, the average taxpayer gives up a few hundred dollars to RTD each year in sales tax. Have you gotten your money’s worth?
The system needs to be fixed first. Taxpayers should demand some accountability. RTD must first use current dollars to reverse ridership decline and move to a transit system that is not inefficient, inconvenient and even dangerous. Giving RTD this money does not necessarily mean that light rail will go faster than 10 miles an hour or clean up the stations, buses and trains. Just having a bigger budget does not guarantee reforms. Don’t throw good money after bad.
Vote NO and keep your RTD TABOR refund.
Jul
15
Jefferson County’s commissioners seek elimination of TABOR refunds — again
Boxes of ballots await tabulation in Jefferson County from the Primary Election in June.
Deborah Grigsby/Denver Gazette
For the third time in five years, Jefferson County’s elected officials are asking voters to allow the local government to spend all of the revenue that it collects above the Taxpayer’s Bill of Rights limit, thereby eliminating refunds to taxpayers.
For fiscal year 2024, that refund amount is estimated to be $54.4 million.
Last year, the county refunded $39.4 million to roughly 210,000 property taxpayers.
The county’s voters rejected the idea twice — in 2019 and 2022 — but the county’s commissioners this month insisted that, after “engaging” with the public through “both qualitative and quantitative research,” voters need to decide the question again.
“It is the spirit of TABOR to bring questions like this to the voters and let them decide,” Commissioner Andy Kerr said in a statement. “TABOR demands that community members engage with their government to address challenges like this.”
“I have great pride in Jefferson County, but we’re falling behind in essential county services, and that’s where we come in as county fiscal stewards,” Commissioner Lesley Dahlkemper said during the meeting that sent the measure to the November ballot.
Under TABOR, local voters may allow their respective government to “debruce” — that is, permit a county, municipality or school district to eliminate the TABOR spending limit, and then to retain and spend all of the revenue it has collected.
Jefferson County is among a few counties that have not “debruced.” A majority of Colorado’s 64 counties have done so.
Last week, commissioners Kerr, Dahlkemper and Tracy Kraft-Tharp voted to place the debrucing question on the ballot. Continue reading
Jun
25
TABOR Committee Press Statement About RTD Ballot Question
June 25, 2024
Contact: Penn Pfiffner
Phone: 303-233-7731
Email: constecon@hotmail.com
FOR IMMEDIATE RELEASE
The Regional Transportation District (RTD) is proposing a 2024 ballot measure to permanently eliminate TABOR spending and revenue caps. The RTD has retained hundreds of millions of dollars in taxpayer’s TABOR rebates over recent years. Yet, the RTD Board wants to claim this proposed ballot measure isn’t a tax increase.
The TABOR Committee opposes the RTD ballot measure to permanently eliminate taxpayer’s protections.
- The ballot language doesn’t legally comply with TABOR by clearly expressing the amount of the tax increase. The district has retained millions of TABOR rebates, the proposed measure is a tax increase.
- TABOR limits waivers to four years, allowing for voter review. The RTD ballot measure permanently eliminates taxpayer protections. It’s a forever tax increase with a blank check.
TABOR Committee, board chairman Penn Pfiffner stated: “The Regional Transportation District (RTD) is one of the largest tax collectors in Colorado. RTD wants to use misleading ballot language to eliminate TABOR rebates. This is clearly a tax increase and a blank check to a government district that has failed to deliver on FasTracks campaign promises. Taxpayers would be best served getting their TABOR rebates starting in 2025 to use on a transportation method that fits their lives.”
The TABOR Committee was formed in 2009 to protect the Taxpayer’s Bill of Rights (TABOR).
DefendTABOR.com
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Jun
13
Voters will likely be asked to permanently spare RTD from TABOR limits
Voters will likely be asked to permanently spare RTD from TABOR limits
- Jun. 12, 2024, 5:16 pm
Kevin J. Beaty/DenveriteAn RTD train slowly approaches the Belleview Avenue station in south Denver. June 6, 2024.
The Regional Transportation District will likely add a question to the November 2024 ballot asking voters to permanently allow it to keep revenue that would otherwise be refunded to taxpayers under the Taxpayer’s Bill of Rights.
An RTD board committee unanimously endorsed the “debrucing” ballot question on Tuesday, a reference to TABOR’s author Douglas Bruce.
RTD’s full board will vote in late June on whether to send the question to voters. The agency currently has two different exemptions from TABOR for different parts of its budget; one expires later this year, the other in 2050. The ballot measure would ask voters to spare RTD’s entire budget from TABOR limits permanently.
Board chair Erik Davidson said if the soon-to-expire exemption were to lapse, RTD might have to refund tens of millions of dollars a year to taxpayers.
He also cited recent polling commissioned by RTD that showed nearly 70 percent support for the ballot measure among respondents.
“To me, it’s an easy answer to say that we proceed,” Davidson told the committee on Tuesday.
Most voters know TABOR as the reason Coloradans vote on taxes. But it does a lot more than that.
The lengthy constitutional amendment voters passed in 1992 also puts restrictions on how much revenue every government in Colorado can collect every year. Any excess revenue beyond a limit set by formulas within TABOR must be refunded to voters. TABOR also contains a “ratchet effect” that can lead to tighter limits and bigger refunds after a recession. Continue reading