Aug 31

Colorado’s fee-based enterprises skirt TABOR, increase revenue by 3,000%

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Colorado’s fee-based enterprises skirt TABOR, increase revenue by 3,000%

State-owned enterprises increase fees from 46% of total state spending in 1996 to 71% in 2023

In 1992 voters enacted the Taxpayer’s Bill of Rights to constrain the growth of government by requiring voter approval for tax increases. Since then, the state government has built a new structure to avoid that requirement.

The creation of TABOR-exempt state-owned “enterprises” has allowed government to increase fees from 46% of total state spending in 1996 to 71% of state spending in 2023 without requiring approval from taxpayers, according to a new report released by the Common Sense Institute, a non-partisan research organization “dedicated to the protection and promotion of Colorado’s economy.”

“Fees are a rapidly growing and significant cost for Coloradans,” said Kelly Caufield, Executive Director of the Common Sense Institute. “At the end of the day, it doesn’t matter if we call it a tax or a fee, these costs are driving the cost of living in our state.”

Continue reading →

Aug 30

Menten: Weighing in on local TABOR measures for the 2024 ballot

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2024 Election, Elections, Natalie Menten, TABOR, Uncategorized

Menten: Weighing in on local TABOR measures for the 2024 ballot

August 29, 2024 By Natalie Menten

 

One great, though lesser-known benefit provided in the Colorado Taxpayer’s Bill of Rights (TABOR) is the local ballot issue notice. This guide is sent by mail at least 30-days before the election to all households with one or more registered voters.

The notice includes details about upcoming local ballot measures that increase taxes, add debt, or suspend TABOR revenue limits. It includes a section where registered voters have the opportunity to submit FOR or AGAINST comments, up to 500 words each.

You should know that there are actually two types of TABOR ballot issue notices. One notice is for the statewide measures and commonly referred to as the “Blue Book.” The notice discussed here is for elections held by local governments such as a city, town, school district, or special taxing district. It’s important to know the difference as you could potentially get more than one of these notices in the mail.

Several years back, it was discovered that out that of some 300 local tax issues throughout the state, only 15 had the taxpayer’s voice printed in a ballot issue notice.  That’s only 5 percent!  You can make a big difference and amplify your voice by being an author of the next ballot issue notice where you live.  Considering that you reach thousands of voters, submitting comments in the TABOR notice costs almost nothing and takes relatively little time and energy.

What follows is an explanation of how to participate in the local ballot issue comment process. As in so much of government bureaucracy, instructions must be followed with no room for alteration.  The deadline for this year is Friday, September 20 no later than noon to have your comments included in the local TABOR notice. Continue reading →

Aug 10

Study finds special interest tax deals eating up Coloradans’ TABOR refunds

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Study finds special interest tax deals eating up Coloradans’ TABOR refunds

August 9, 2024 By Savana Kascak

 

DENVER–Governor Jared Polis has consistently said he wants to lower the Colorado income tax, even claiming that legislation passed earlier this year would deliver on that promise.  But new research shows that billions of dollars in special interest tax breaks also passed this year in all likelihood means broad-based income tax relief is off the table for the foreseeable future.

Earlier this year, Governor Polis signed Senate Bill 24-228, temporarily lowering the state income tax rate, on a sliding scale, as a refund mechanism when surplus revenue under the Taxpayer’s Bill of Rights (TABOR) is more than $300 million in a given fiscal year, with the maximum rate reduction (from 4.40% to 4.25%) kicking in at a $1.5 billion surplus.

TABOR is a constitutional amendment that requires, among other things, state revenues collected in excess of of a formula of population growth plus inflation be refunded back to taxpayers, unless voters consent to forgo those refunds at the ballot box.  An income tax rate reduction is but one potential refund mechanism available to the state. Continue reading →

Aug 07

TABOR Media Statement About HD24-1311

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MEDIA RELEASE

Contact:

            Penn Pfiffner

TABOR Committee Chairman

303-233-7731 or 303-747-7460

constecon@hotmail.com

 or info@TheTaborCommittee.com

August 8, 2024

Today the TABOR Committee relinquished hope that people would be able to vote on saving their TABOR refunds.  “There were simply not enough time and resources to collect the signatures in time for a citizen’s veto,” said Committee Director Rebecca Sopkin, who filed the ballot measure to repeal the 2024 law.

A new law establishes a new income redistribution program using about half of everyone’s TABOR refund.

TABOR was never meant to be an instrument to redistribute income.  Tax rates were to be adjusted downward to eliminate any permanent over-collections.  Refunds are legally a return of state sales taxes.    “The constitution specifically calls for returning over-collected taxes to those who pay the taxes.  You can’t tell me that someone making $15,000 a year bought $110,000 of taxable goods,” observed Committee chairman Penn Pfiffner.  The State does not impose sales taxes on purchase of housing, food or medicine.

 

The Committee explained that the income redistribution only happens if there is a TABOR refund and so why, if this program is so important to proponents, did legislators fail to place it under the general fund budget?

 

The measure, HD24-1311, diverts $684 million in the first year, using planned TABOR refunds to impose again the federal COVID program of subsidies to low-income families with children, but using new taxpayer funds at the state level.

The program will send money to recipients even beyond the taxes that the person pays.  Eligible people do not have to be taxpayers.  They do not have to be citizens!  They do not even have to reside in the state all year!

Legislators are ignoring a very important message by citizens in the landslide vote last fall against Proposition HH.  With a roar, they told the government to leave the TABOR rebates alone so that taxes over-collected by the state would be returned to the taxpayers.

Jul 30

EDITORIAL: Salute our state’s constitution this Colorado Day

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EDITORIAL: Salute our state’s constitution this Colorado Day

  • The Gazette editorial board

On Thursday, the state of Colorado turns 148 — and Coloradans no doubt can think of many good reasons to celebrate.

Among them of course are the Centennial State’s unmatched natural wonders. There’s also the state’s exquisite climate; its vast, wide-open spaces, and its abundant resources — from oil and gas underground to the wind and sunshine all around — that heat our homes, power our automobiles and light the way.

One blessing that’s more directly connected to the advent of Colorado’s statehood itself is our founding charter — our state’s constitution — which shares the same birthday. Drafted in March of 1876 and approved by territorial voters on July 1 of the same year, the Colorado Constitution formally took effect Aug. 1, 1876, when Colorado was admitted to the union.

There’s good reason to celebrate the state’s constitution, as well, on Colorado Day.

Like any constitution, ours isn’t without foibles. At times it has left itself wide open to interpretation, and activist courts have been happy to oblige. Yet, on the balance, Colorado’s constitution has served its citizens pretty well — including by way of some well-timed and well-placed amendments to the document over the generations. Continue reading →

Jul 25

HB1311.  New law plunders TABOR refunds.

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HB1311.  New law plunders TABOR refunds.

During the legislative session just ended, legislators passed and the governor signed a new law that establishes a new income redistribution program.
Your expected TABOR rebate from the state government over-collecting taxes was reduced and got cut nearly in half.

The new law is known as House Bill 1311, which sponsors call the Family Affordability Tax Credit (FATC).

The measure diverts $684 million in the first year, using planned TABOR refunds to give subsidies to low-income families with children.
There are formulas for how households will be treated differently, depending on the age of the child and the amount of income earned by the parent.

How did the General Assembly get away with a costly new program that you did not get to vote on?
After all, the Taxpayer’s Bill of Rights requires that voters must approve the retention of taxes above the TABOR limits.
Proponents claim the scheme is a method to return the surplus.

The act creates a new refundable tax credit.  Refundable means that the State will rebate to the welfare recipient money above any taxes that person owes.

This is a clear violation, as TABOR is to rebate over-collected taxes to those who paid and should be proportional when identifiable.

Income taxes are clearly identifiable.
There is no reasonable explanation that the State cannot identify who paid how much income tax and how much of a TABOR rebate that taxpayer should get.

The new law, HB1311 says:

  • Eligible people are “residents.”
  • They do not have to be taxpayers.
  • They do not have to be citizens!
  • They do not even have to reside in the state all year!

The TABOR Committee explored how to overturn HB1311 on this fall’s ballot.
Is there enough interest and funding to reverse the new law?
Action must be taken immediately and the effort is costly.

Arguments against the HB1311 program:

  • Note that HB 1311 is in addition to the “Earned” Income Tax Credit bill and the Child Care Tax Credit, which also reduce our general TABOR rebates.
  • While subsidizing families is arguably a government goal, it is done properly through welfare programs.  In Colorado with TABOR in place, that would mean funding the program under the TABOR spending limits.  It would require prioritizing the welfare subsidies within the budget imposed by the citizens.  Instead, this bill establishes a new welfare program completely reliant on state TABOR surpluses.
  • TABOR was never meant to become an instrument to redistribute income.  The concept was that tax rates would be adjusted downward to eliminate any permanent over-collections.

If this program is so important to proponents, then why restrict it to TABOR refund years?

Legislators are ignoring a very important message by citizens in the landslide negative vote last fall against Proposition HH.
With a roar, they told the government to leave the TABOR rebates alone so that taxes over-collected by the state would be returned to the taxpayers.

A philosophic core of the Progressives, who control the current Colorado General Assembly, is the leveling of income.
This bill, HB1311, is a mechanism to redistribute income through the TABOR tax rebates.

We need to overturn this horrendous bill at the ballot box.

Will you join us in trying to do so and restore your TABOR surplus refunds?

#ColoradoRejectedPropHH
#ItsYourMoneyNotTheirs
#DontBeFooled
#VoteOnTaxesAndFees
#FeesAreTaxes
#TABOR
#FollowTheMoney
#FollowTheLaw
#ThankGodForTABOR

Jul 15

Jefferson County’s commissioners seek elimination of TABOR refunds — again

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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

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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.

  1. 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.
  2. 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

####

Jun 18

A Voter Revolt Grows in California. Gov. Gavin Newsom and Democrats in Sacramento try to block anti-tax and anti-crime initiatives from the November ballot

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A Voter Revolt Grows in California

Gov. Gavin Newsom and Democrats in Sacramento try to block anti-tax and anti-crime initiatives from the November ballot.

 

By The Editorial Board

June 16, 2024 3:56 pm ET

California Gov. Gavin Newsom speaks at a rally in support of Freedom to Marry, a ballot measure to remove Proposition 8 from the state Constitution, Friday, June 7, 2024, at Manny’s at 16th and Mission streets in San Francisco. (Jessica Christian/San Francisco Chronicle via AP) PHOTO: JESSICA CHRISTIAN/ASSOCIATED PRESS

We’ve told you about California Gov. Gavin Newsom’s lawsuit to block a citizen initiative from this November’s ballot that would make it harder to raise taxes. Now his Legislature is trying to sabotage another initiative that would toughen penalties for theft and drug crimes. Why do Democrats fear voters?

Law enforcement, businesses and local elected officials across the Golden State are campaigning to roll back parts of Prop. 47. That’s the 2014 initiative that made misdemeanors of drug possession and theft of less than $950 in goods. Supporters including Mr. Newsom said it would save money by reducing incarceration.

The George Soros-backed initiative cut the state prison count, but Californians are paying a high price. Organized criminals exploit the law’s lax penalties. District attorneys say Prop. 47 prevents them from leveraging the penalty of jail time to induce addicts into treatment. Police often don’t arrest thieves or drug users because the crimes go unpunished. Retail theft, vagrancy and open-air drug use have spiked.

Thus the citizen initiative, which would toughen penalties for shoplifters and drug dealers. Someone with two prior convictions for theft could be charged with a felony on the third offense no matter the amount. The value of stolen property from multiple thefts could be combined for a felony charge. Continue reading →

Jun 13

Voters will likely be asked to permanently spare RTD from TABOR limits

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Voters will likely be asked to permanently spare RTD from TABOR limits

By Nathaniel Minor

  • 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 →