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Colorado taxpayers will be asked for more…
Colorado taxpayers will be asked for more…
As tax season is upon us, there are several considerations worth examining about how Colorado is doing. Colorado, like most states, faces fiscal challenges arising from COVID and the lockdowns. Colorado has one of the most expensive states for real estate and the recent Gallagher vote could result in higher residential property tax burdens for Coloradans in the years to come. The Colorado state pension system (PERA) has one of the worst funding ratios in the nation, suggesting PERA funding shortfalls will present problems for Colorado taxpayers and PERA beneficiaries in the years to come. Further, a low funding ratio could result in credit rating downgrades leading to higher borrowing costs for the state. Colorado has about 25% of the population on Medicaid. This could present significant challenges for the Colorado taxpayers in years to come. There will be calls for more taxes and fees to meet the desires of the Colorado legislature.
Here are several sites for referencing how Colorado fiscally compares to the nation.
- Average house price by state: http://www.fool.com/the-ascent/research/average-house-price-state/
- Income tax rates by state: http://www.tax-rates.org/taxtables/income-tax-by-state
- State pension funding ratio by state: http://taxfoundation.org/state-pension-plan-funding-2019/
- Property tax rates by state: http://www.tax-rates.org/taxtables/property-tax-by-state
- Percentage of the population on Medicaid by state: http://www.medicaid.gov/state-overviews/scorecard/percentage-of-population-enrolled-medicaid-or-chip-state/index.html
- Car registration and fees by state: http://www.ncsl.org/research/transportation/registration-and-title-fees-by-state.aspx
- Excise taxes by state: http://www.tax-rates.org/taxtables/excise-tax-by-state
- Business taxes by state: http://www.tax-rates.org/taxtables/corporate-income-tax-by-state
Opinion: Politicians’ challenge to Colorado’s TABOR is without merit
For almost three decades, TABOR has been a godsend for Colorado taxpayers.
2:55 AM MST on Jan 24, 2021
Colorado’s Taxpayer’s Bill of Rights is under attack once again, this time by the very politicians whose actions TABOR is intended to check.
A lawsuit filed by state legislators and some local elected officials has been wending its way through the federal courts since 2011. They seek to overturn the voter-enacted TABOR amendment to the Colorado constitution, which requires voter approval before state and local legislative bodies can impose or raise taxes.
The lawmakers’ case rests on the dubious idea that by denying legislators a free hand on matters of taxing and spending, TABOR denies Coloradans a republican form of government, in violation of the U.S. Constitution.
It’s a specious, self-serving argument that ignores more than a century of case law and practical political experience with voter initiatives and referendums, in Colorado and elsewhere.
The case will now be heard by the entire U.S. Court of Appeals for the 10th Circuit, although it seems likely that the U.S. Supreme Court will eventually get the final word.
It’s a complicated case involving questions of standing — who has the right to bring a case to court — and whether constitutional guarantees of a republican form of government include the actions of political subdivisions such as school boards.
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Coalition Voices Opposition to Gas “Fee”
Coalition Voices Opposition to Gas “Fee”
JAN 22, 2021 BY AFPAmericans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) all oppose the proposed plan.
DENVER, Colo. – Within months of voters passing increased taxpayer protections with Proposition 117, legislators are signaling they plan to ignore the will of the voters with a proposal to add “fees” on gasoline purchases. A coalition including Americans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) came out strongly against this proposal and called on legislators to respect the will of the voters.
Jesse Mallory, State Director, Americans for Prosperity-Colorado:
“The message politicians are sending to every Coloradan who voted to support TABOR, strengthen taxpayer protections, and oppose tax increases is they don’t care what you say, no matter how often you say it. Lawmakers must respect the will of the people and bring these proposals to a vote.”
Michael Fields, Executive Director of Colorado Rising State Action:
“Voters have made it crystal clear that they want to vote on tax and fee increases. Any plan to add significant revenue should include asking voters.”
Jeff Hunt, Director of the Centennial Institute:
“Colorado has some of the worst roads and traffic congestion in the country. Improving our roads is a priority that must be addressed. But forcing hardworking Coloradans to pay for this with additional gas fees in the midst of a pandemic and a struggling economy is the wrong way to go. The Colorado legislature is asking the average Coloradans to pay more just to go to work, go to the grocery store, or pick up their kids from school. The Colorado legislature has the money to spend on improving roads and needs to reprioritize roads over liberal special projects.”
Jon Caldara, President of the Independence Institute:
“Raising the gas tax without a vote of the people by calling it a fee will definitely give Coloradans gas. If it’s a good idea, bring it to the people!”
Don’t Let Them Steal Your Money! Keep TABOR Safe!
A Revolution Was Started Over A 3% Tax In 1773. What Happened To Us?
#TABOR
#VoteOnTaxesANDFees
#ItsYourMoneyNotTheirs
#ThankGodForTABOR
Caldara: Putting your money where your causes are
Americans give more of their hard-earned money to charitable causes than any people on the globe.
According to the Giving Institute, Americans give more than $1 billion a day to charities: a total of $410 billion in 2017.
And very little comes from the ultra-wealthy, big foundations, or large companies looking for good press. According to the Philanthropy Roundtable, in 2014 only 14% came from foundation grants, and just 5% from corporations. The rest, 81%, came from individuals like you.
Per capita, we voluntarily donate about seven times as much as continental Europeans. In Europe people see little reason to give more of their own money when so much is being forcibly taken by taxes and redistributed by the state for “what charity used to do.”
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Update On Kerry vs Polis Lawsuit
“The federal court of appeals will review the trial court’s ruling on whether the case should even be brought before the federal judicial system. Your TABOR Foundation is one of three entities that filed a “friend-of-the-court” urging the courts to reject the arguments of the plaintiffs, and thereby end the case and leave the Taxpayer’s Bill of Rights unchallenged. You may read the argument submitted by Mountain States Legal Foundation, the Colorado Union of Taxpayers and our Foundation, below.”
Case No. 17-1192
IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
ANDY KERR, Colorado State Representative, et al.,
Plaintiffs-Appellants,
v.
JARED POLIS, Governor of Colorado, in his official capacity, Defendant-Appellee.
On Appeal from the United States District Court for the District of Colorado
No. 11-CV-01350-RM-NYW, The Honorable Raymond P. Moore
BRIEF OF AMICI CURIAE MOUNTIAN STATES LEGAL FOUNDATION, THE COLORADO UNION OF TAXPAYERS FOUNDATION, AND THE TABOR FOUNDATION IN SUPPORT OF APPELLEE URGING AFFIRMANCE
Cody J. Wisniewski
MOUNTAIN STATES LEGAL FOUNDATION
2596 South Lewis Way
Lakewood, Colorado 80227
(303) 292-2021
cody@mslegal.org
Attorney for Amici Curiae
CORPORATE DISCLOSURE STATEMENT
The undersigned attorney for Amici Curiae, Mountain States Legal Foundation, the Colorado Union of Taxpayers Foundation, and the TABOR Foundation certifies that
Mountain States Legal Foundation, the Colorado Union of Taxpayers Foundation, and the TABOR Foundation are non-profit corporations that have no parent corporations and have never issued any stock.
Respectfully submitted this 21st day of December 2020.
/s/ Cody J. Wisniewski
Cody J. Wisniewski
MOUNTAIN STATES LEGAL FOUNDATION
2596 South Lewis Way
Lakewood, Colorado 80227
(303) 292-2021
cody@mslegal.org
Attorney for Amici Curiae
i
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Lower South Platte Water Conservancy District accused of improper mill levy increase
District president says they need the extra revenue to provide same level of service
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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