UPDATE: According to Lawrence Pacheco, spokesman for Colorado Attorney General Phil Weiser, the state filed a motion on July 30 to extend the deadline until Sept. 4 to request the entire full Tenth Circuit Court of Appeals hear the case. The request was granted on Tuesday.
“The Attorney General has said he will defend the constitution and that’s what he will do,” Pacheco said by email Thursday morning.
Complete Colorado attempted to get hold of Weiser through Pacheco before the story published; however, Pacheco did not return phone calls or email requests until after the story published. Weiser was also aware prior to publication that Complete Colorado was attempting to get hold of him through a series of Tweets with Complete Colorado.
Regardless, Complete Colorado regrets the original error.
DENVER — Although he campaigned on a promise to defend the Taxpayer’s Bill of Rights (TABOR) despite his personal opinion of the nearly three decades old constitutional amendment, Colorado Attorney General Phil Weiser made his first move in the opposite direction by letting a deadline pass to argue an ongoing TABOR case in federal court.
Weiser had until Tuesday to ask that the entire circuit court hear the case after a 3-judge panel from the Tenth Circuit Court of Appeals reversed a lower court’s ruling. The lower court had ruled that local governments do not have the right to sue.
Voters need to keep the Colorado Medicaid program in mind when the tax and spend coalition starts beating the drums for repealing the Taxpayer’s Bill of Rights (TABOR), which limits the annual growth of a portion of state spending to a very reasonable formula of population growth plus inflation.
In the FY 2017-18 Colorado Comprehensive Annual Financial Report (CAFR), the State Controller’s Office reports that state expenditures fell “due to decreases in the social assistance function resulting from less spending on purchased medical services.” In other words, lower Medicaid enrollment means less state spending.
Though total state expenditures grew in most other categories, the Medicaid spending decline was the biggest contributor to the total spending reduction of $1.1 billion, or 4.3 percent.
For most Colorado Medicaid patients, the state makes a per-member-per month payment even if a Medicaid enrollee uses no health care at all. Most hospitals get additional payments based on the number of Medicaid patients they treat. If there are fewer Medicaid clients, all of the providers receiving per-member-per-month payments lose money. They all have an incentive to support Medicaid program expansion in good times and in bad.
DENVER — Although he campaigned on a promise to defend the Taxpayer’s Bill of Rights (TABOR) despite his personal opinion of the nearly three decades old constitutional amendment, Colorado Attorney General Phil Weiser made his first move in the opposite direction by letting a deadline pass to argue an ongoing TABOR case in federal court.Weiser had until Tuesday to ask that the entire circuit court hear the case after a 3-judge panel from the Tenth Circuit Court of Appeals reversed a lower court’s ruling. The lower court had ruled that local governments do not have the right to sue.
“It’s disappointing that AG Weiser is not fully following through on his campaign promises,” said Michael Fields, Executive Director of Colorado Rising Action. “The rubber will hit the road when the merits of the TABOR case are heard, and he actually has to defend the constitution.”
Fields added that everyone should be concerned that Weiser chose not to defend the state’s constitution knowing he is not a TABOR supporter.
BASALT, COLORADO — The tiny town of Basalt, which lies between Carbondale and Aspen, is facing a difficult choice over a long-term mistake in interpreting the Taxpayer’s Bill of Rights (TABOR). According to the town’s legal consultant, Dee Wisor, a Denver attorney and expert witness on TABOR, the town owes residents a refund for taxes illegally collected due to a misunderstanding of how TABOR works.
TABOR is a constitutional amendment passed in 1992 that, among other things, requires voter consent for new or increased taxes and debt, as well as limiting government revenues to a formula of population growth plus inflation. Under TABOR, governments in Colorado are required to refund excess revenue back to taxpayers, or get voter approval to keep it.
In 1994, two years after TABOR was enacted, Basalt residents voted 220 to 42 in favor of lifting TABOR revenue limits, thus allowing the town to keep any excess revenues it brings in over the regular revenue restrictions in TABOR. Numerous taxing authorities in Colorado have asked voters to do this to avoid having to pay out refunds when revenues exceed expectations.
To read the rest of this story, click (HERE):
TABOR Supporters,
The “Donor Disclosure” lawsuit is about the City of Denver’s ordinance to cause any organization to become an issue committee for speaking out about a Denver ballot measure. Our two organizations (TABOR Committee and the CUT Foundation) are the plaintiffs. We are represented by the Goldwater Institute. We lost on the issue of standing in District Court on February 5, 2019. Our attorneys have met the deadlines for an appeal.
This message is to let you know of progress made. Our brief was submitted timely on July 12th. The Defendant (City of Denver) has until August 16 to file its opening brief. The step after that will be our Reply brief, which will be due September 16.
Plaintiffs’ Opening Brief_7.12.19 on Scribd
In other words, we’re on the path to fiscal crisis. Is there a solution?
Yes, we could adopt constitutional restraints on the growth of government. I mentioned Colorado’s Taxpayer Bill of Rights in the interview, as well as the “debt brake” in Switzerland.
