Category Archives: Why TABOR Matters

Feb 12

Petition For Writ Of Certiorari To The Colorado Supreme Court

Posted on by

In regards to the lawsuit we filed to overturn the Hospital Provider tax and the subsequent abomination of SB267, we are in the phase of appealing to the Colorado Supreme Court.

The motions the Court is considering from the Court of Appeals ruling is that none of us has standing to bring these matters before legal review. That means that discussion of the facts of the dispute are not being addressed. Unlike the appellate level, the Supreme Court does not have to accept the case for review.

Our attorneys at Cause of Action filed the petition on time, as we are the petitioners.
The Respondents (The State of Colorado, Colorado Department of Health Care Financing, Colorado Healthcare Affordability and Sustainability Enterprise, Kim Bimestefer, Colorado Department of the Treasury, and Dave Young) filed a Reply brief on January 28th arguing that since none of us pay the bed tax (not true) that the Supreme Court should not take up the case (or any of the substantive issues including $400 million of new taxing authority).

The last action was Lee Steven writing a reply with his reasoned, thorough, and direct arguments, that we certainly have standing for all the other issues which Defendants ignored, and also that we have standing on the tax vs. fee question that started it all.

I believe that we are indeed fortunate to have such an excellent, skilled professional working on our behalf.

All three written arguments referenced in the preceding paragraph are attached for your perusal, as well as posted on the TABOR website (http://thetaborfoundation.org/lega…/hospital-provider-tax/).

Finally, here’s a response from our local legal counsel, William Banta:
“There should be no more replies, responses, or rebuttals.
The next step should be the Supreme Court’s decision, either granting or denying our request for certiorari (reconsideration of the Court of Appeals decision).”

Penn Pfiffner,
Chairman of the Board of Directors, TABOR Foundation

Feb 04

Colorado taxpayers will be asked for more…

Posted on by

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.

 

 

 

 

 

 

Jan 24

Opinion: Politicians’ challenge to Colorado’s TABOR is without merit

Posted on by

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.

To continue reading this story, please click (HERE):

Jan 23

Coalition Voices Opposition to Gas “Fee”

Posted on by
“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.” – Jesse Mallory AFP-CO State Director

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!”

You can see this story along with others like it by clicking (HERE):
Jan 19

Taxation Wisdom From The Ages

Posted on by

Taxation wisdom from the ages

  • Taxation without representation is tyranny.”…Founding Father James Otis
  • “The collection of taxes which are not absolutely required, which do not beyond reasonable doubt contribute to the public welfare, is only a species of legalized larceny.”…President Calvin Coolidge
  • “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents”… President James Madison
  • “There is no art which one government sooner learns of another than that of draining money from the pockets of the people.”…Economist Adam Smith
  • “Congress can raise taxes because it can persuade a sizable fraction of the populace that somebody else will pay.”…Economist Milton Friedman
  • “One thing is clear: The Founding Fathers never intended a nation where citizens would pay nearly half of everything they earn to the government.”…Representative Ron Paul

Continue reading →

Dec 30

Caldara: Putting your money where your causes are

Posted on by

 By Jon Caldara

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.”

To continue reading this story with Jon mentioning The TABOR Foundation, please click (HERE):

Dec 28

Update On Kerry vs Polis Lawsuit

Posted on by

“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

TABLE OF CONTENTS Continue reading →

Dec 22

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

Posted on by

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.”

To continue reading this story, please click (HERE):