Category Archives: Why TABOR Matters

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

Jan 31

Democrats set to kill GOP effort to make Colorado’s hospital provider charge transparent

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DENVER — Legislative Democrats are poised to kill a Republican effort to increase transparency for their constituents where fees and spending are concerned.

While Colorado Democrats and Governor Jared Polis continue to tout new state and federal regulations that went into effect Jan. 1 requiring all emergency medical costs to be disclosed before a patient is treated, an opaque charge collected on hospital stays, passed under previous Democrat legislation isn’t getting the same reception.

The fallout is leading two GOP lawmakers to call foul on their Democrat counterparts for not requiring government to follow the same transparency rules they force private industry into.

Senate Bill 22-038, the “Healthcare Affordability and Sustainability Fee,” sponsored by Sen. Jerry Sonnenberg, R-Sterling has been assigned to the State Veterans & Military Affairs Committee, where ideas that majority Democrats don’t agree with go to die.

It’s dubbed the “kill committee” because it’s where Senate leadership sends bills it doesn’t want debated among all the senators on the floor.

Click (HERE) to continue reading this story

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.

Oct 16

TABOR Committee position on Proposition 120

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The TABOR Committee urges a YES vote on Proposition 120, “Property Tax Assessment Rate Reduction.”

The proposal would put into law the assessed values for residential and commercial property for purposes of calculating annual property taxes.  It would lower the calculated tax burden by about $1 Billion.

The repeal of the Gallagher Amendment was argued as a way to simplify the tax system and make it more rational.  It also resulted in higher expected property taxes.  This proposal reduces the expected property taxes.  After the measure qualified for the ballot, the legislature acted to thwart the will of the people by passing a bill which vastly reduced the effect.  Voting for the measure will certainly lead to a necessary legal challenge, based on the standing legal theory that the most recent change in statute (the passage of the Proposition) becomes the new controlling law.  Not only is this measure’s underlying tax reform a good idea, but the fall-out will be critical in preventing future legislators from denying the people the right of the initiative through dishonest subterfuge.

#ItsYourMoneyNotTheirs
#ThankGodForTABOR
#VoteOnTaxesAndFees
#TABOR
#FollowTheMoney
#FollowTheLaw
#UnlessLiberalsIgnoreTheLaw

Oct 16

TABOR Committee position on Proposition 119

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The TABOR Committee urges a NO vote on Proposition 119, “Learning Enrichment and Academic Progress Program.”

The initiated measure would change state law to increase taxes by $137.6 Million on marijuana.  Proceeds would go to a new program and agency to fund K-12 after-school activities.

That this concept includes voucher-like opportunities is a good, but insufficient reason to support the measure.  Yet another new centralized state government program is unlikely to solve the problems, will have a significant administrative burden and necessarily get bogged down in red tape, funding too much bureaucracy and too little programming.  Additionally, ever-higher taxes on marijuana will encourage the lower-cost, criminal underground market for pot.

#ItsYourMoneyNotTheirs
#ThankGodForTABOR
#VoteOnTaxesAndFees
#TABOR
#FollowTheMoney
#FollowTheLaw
#UnlessLiberalsIgnoreTheLaw

 

 

 

 

Oct 16

Announcing the TABOR Committee’s position on Amendment 78

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The TABOR Committee urges a YES vote on Amendment 78, “Legislative Authority for Spending State Money”

This constitutional amendment respects the separation of powers by putting the General Assembly into the process of appropriating revenues received by the state government.  As the system works now, only the Executive branch (Governor and his appointed agencies) determine how federal grants, like COVID relief funds or money from legal settlements, are spent.

The legislative process allows for public comment and input, which is absent under the current system.  Passage of this measure would put that process in place, respecting an intent of the Taxpayer’s Bill of Rights.  The TABOR Committee is also alarmed that so much power is currently in the hands of one person, which violates one of the founding principles of American governance.  Some concern exists that taxes currently counted toward the TABOR annual limitation will be made exempt, but the Committee was unable to identify any.  Therefore we endorse the proposed measure for respecting the proper separation of powers.