Category Archives: Twitter

May 18

Menten: Jefferson County ‘listening’ tour leaves out inconvenient facts

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Jefferson County is one of more than a dozen counties in Colorado that is still enjoys the protections of government revenue caps under the state’s Taxpayer’s Bill of Rights (TABOR) amendment. In years of excess revenue collection, the taxpayers traditionally benefit from this TABOR feature by a temporary property tax reduction. Unfortunately, County Commissioners Lesley Dahlkemper, Andy Kerr, and Tracy Kraft-Tharp didn’t want to issue the 2020 refunds in an efficient way, instead, they chose to spend $200,000 in postage to send $1.5 million dollars in rebate checks to residents.

The commissioners chose to unnecessarily spend that money so that they could then introduce a recently concluded promotional tour gauging feedback on whether they would be successful in eliminating all or parts of the TABOR revenue caps.  County voters decidedly said no to a similar effort in 2019.  In addition, they are polling meeting participants about an alternative sales tax increase.

The problem is that those who have read the county promotional literature and attended the meetings haven’t been given all the facts.

Click (HERE) to go to Complete Colorado to continue reading this story.

May 06

Democrats’ top legislative priority: re-election

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Democrats’ top legislative priority: re-election

    • By Mark Hillman

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Mark Hillman

God saw fit to stop at 10 commandments, but politicians can’t leave well enough alone, so a series of “Eleventh Commandments” apply to them. One of those admonishes: Thou shall not make the voters more cynical.

This year, Democrats at our State Capitol are breaking that commandment, too.

So, let’s take a little walk down memory lane and remember this journey through Election Day.

Last week, Gov. Jared Polis and legislative Democrats tossed aside 30 years of fierce opposition to Colorado’s Taxpayer Bill of Rights (TABOR) which they’ve blamed for everything from crumbling roads to failing schools. Instead, they held a press conference to tout “their” plan to send every taxpayer a $400 check barely one month before voters receive their general election ballots.

There’s just one problem: that money already belongs to taxpayers.

Continue reading →

May 02

Did TABOR violations occur? Court to hear claim about PAID FAMILY LEAVE

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PAID FAMILY LEAVE

Did TABOR violations occur? Court to hear claim

By Shelly Bradbury

The Denver Post

The Colorado Supreme Court next week will consider whether the state’s fledgling family and medical leave program violates the Taxpayer’s Bill of Rights amendment to the Colorado Constitution.

The legal challenge, to be argued on Tuesday, focuses on funding for the newly voter-approved program, which will, beginning in 2024, offer up to 12 weeks of paid time off to most Colorado workers who are either sick or caring for their newborns or seriously ill family members.

Also known as Proposition 118, the $1.2 billion program was approved in 2020 by voters in a 57% to 43% vote.

The state will begin funding the program in January 2023 by collecting between 0.45% and 0.9% of employees’ annual pay from employees and their employers, with some exceptions.

That premium could be increased to as much as 1.2% of wages after 2025.

Those premiums are at the center of the legal challenge by Chronos Builders, a Grand Junction homebuilding company, which argues the fees are surcharges on income that violate TABOR, which requires that all income “be taxed at one rate … with no added tax or surcharge.” Continue reading →

Apr 18

The Colorado Title Board & TABOR

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The April 20th Title Board Hearing has a notable 60 proposals on the agenda because it’s the last chance to get title set for the 2022 ballot. Although the list of potential ballot issues is long, many are variations with a slight tweak.  After title setting, the proponents must do the hard (or expensive) work of getting enough signatures.

Nearly a 1/3 of the proposals pertain to alcohol licensing, sales, and delivery.

Property taxes are another hot topic. Pro-taxpayer advocates are presenting relief in the form of a 2%-3% cap on property taxes.

Bigger government advocates propose a new tax on “Luxury Residential Real Property,” defined as $2 million or more. New revenues would be turned over to government to address affordable housing.  On that same theme, there’s a proposal to increase the income tax rate which would be spent on government-overseen affordable housing.

Another group wants to increase taxes from income tax by reducing deductions, putting increased taxation towards free school lunches for certain public schools – an expenditure of $60 – $140 million dollars a year.

Protecting the Taxpayer’s Bill of Rights begins before a ballot issue hits the street. The public can testify at the title setting meeting to get transparent language about the financial effects. If you’ve been around Colorado long enough you know that proponents of tax increases will actually try to have the question read, “without raising taxes” if they can get away with it. As we know, if you end up with less money in your pocket because of a tax policy change, that’s a tax increase.

Currently, there’s a legal battle just filed with the Supreme Court over initiatives #62-65, called Additional Revenue to State Education Fund.  Proponents are attempting to claim the measures are not a tax increase. Any of the four variations would reduce or completely eliminate our expected rebates from the Taxpayer’s Bill of Rights over the next two years. Since there is no sunset, we would give up a substantial amount of our future refunds if #62-65 moves forward.

You can find the ballot proposals at the Colorado Secretary of State website under Elections & Voting and Initiatives & Title Board. You’re looking for the section titled Awaiting Initial Hearing.

You can testify remotely. The meeting is Wednesday, April 20 starting at 9 am. https://attendee.gotowebinar.com/register/3996912106274902539

Email the Title Setting Board at initiatives@coloradosos.gov. Emails should be sent by Tuesday midday at the latest. Otherwise, listen in remotely and chime in when it’s time. It’s going to be a long meeting.

 

Natalie Menten
TABOR Board Member

Mar 01

Update on Colorado’s Legislative Council Staff and Proposition 116

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In 2020, Colorado voters approved Proposition 116, which reduced the state’s income tax rate from 4.63 to 4.55 percent. Due to the state’s application of certain provisions of TABOR, however, taxpayers will effectively lose out on the rate reduction for the first several years.

Naturally, voters expected that Proposition 116 would allow them to keep more of their own money. A close look at documents maintained by Legislative Council Staff (LCS), however, reveals that things did not work out how voters expected. Tax rates went down, but constitutionally mandated tax refunds — known as “TABOR refunds” — fell by the exact same amount, negating taxpayer savings from the voter-approved tax cut.

It’s a bit complicated, but here’s how it works.

Article X of the state constitution — commonly known as the Taxpayer’s Bill of Rights, or TABOR — sets limits on the amount of tax revenue the state can collect each year. If revenues, including income-tax collections, surpass the TABOR limit, the excess gets refunded back to voters.

Picture state coffers as a silo and revenues as grain filling it up. In a good year, there may be more bounty than what the silo can hold. In that case, the overflow goes back to the people.

Each year, the limit — or the size of the silo — increases based on population growth and inflation, allowing government spending to grow automatically. If the state wants to collect or keep tax monies at a level higher than automatic growth permits, it must win voter consent at the ballot.

When voters reduced revenues last year, they voted to decrease the amount of grain put into the silo by a specified amount. In executing the will of the people, the state reduced the amount of grain but put it in the same, larger silo. At the lower income-tax rates, the harvest (i.e. revenues) would have to be exceptionally good to fill up the same silo and trigger a refund.

Incidentally, state revenue forecasts show very bountiful times ahead and refunds for at least four consecutive years despite all this. That means that for at least this year and the next three, smaller refunds will offset the voter-approved tax cuts unless additional reforms are adopted.

Read plainly, TABOR appears to guard against this outcome by requiring the limit to be “adjusted for revenue changes approved by voters.” LCS evidently has a different interpretation—one which has effectively stripped voters of their tax cut.

Governor Jared Polis has lauded the income tax cut on multiple occasions and even said that he supports eliminating the state income tax entirely. He can demonstrate fidelity to his own rhetoric and to the state constitution by directing the Colorado Department of Revenue to adjust the TABOR limit for the “revenue changes approved by voters” with Proposition 116.  Alternatively, the General Assembly could set a new, lower TABOR limit to reflect the new tax rate. Either solution would cause voters to receive their full refunds and benefit from the income tax reduction they adopted in 2020.

Ben Murrey, Fiscal Policy Center Director with the Independence Institute

 

 

Feb 07

State Supreme Court to consider whether paid family, medical leave violates TABOR

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Justices of the Colorado Supreme Court, 2021

 

The Colorado Supreme Court will decide whether the paid family and medical leave program that voters enacted in the 2020 election violates the state’s Taxpayer Bill of Rights.

The court announced on Monday that it will review a decision from Denver District Court that dismissed a lawsuit over Proposition 118, the Paid Family and Medical Leave Insurance Program. By a margin of 58% to 42%, voters approved a plan to impose payroll premiums, split between employers and employees, that would entitle workers to up to 12 weeks of paid leave.

Beginning on Jan. 1, 2023, payments into the program will begin. But Grand Junction-based Chronos Builders is claiming that the funding arrangement violates TABOR, the 1992 constitutional amendment that requires tax increases to be put to a vote of the electorate, among other restrictions.

“Any income tax law change,” TABOR reads, “shall also require all taxable net income to be taxed at one rate … with no added tax or surcharge.”

Click (HERE) to continue reading this story at ColoradoPolitics

Dec 15

Federal appeals panel dismisses 10-year-old lawsuit accusing TABOR of being unconstitutional

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The lawsuit was filed in 2011 by a group of elected officials who argued that the voter-approved 1992 Taxpayer’s Bill of Rights violates the U.S. Constitution

The Associated Press
2:34 PM MST on Dec 14, 2021

The Denver-based 10th U.S. Circuit Court of Appeals has dismissed a lawsuit challenging Colorado’s strict constitutional tax and spending limits.

Colorado Politics reports that the court dismissed the lawsuit, filed in 2011 by a group of elected officials who argued that the voter-approved 1992 Taxpayer’s Bill of Rights violates the U.S. Constitution, which guarantees a republican form of government in each state where elected officials make decisions.

The constitutional amendment known as TABOR requires that tax increases be approved by voters. It also requires the state to refund tax revenue that exceeds a figure determined by a formula based on inflation and population growth.

To continue reading the rest of this story, please click (HERE) to go to the Colorado Sun.