Colorado: Tabor

March 18, 2009 - 04:47 pm
NEWS FEED: Denver Post

Justices: Measure didn't violate TABOR

A Democratic-backed law that kept property taxes from decreasing survived its final legal challenge Monday as the Colorado Supreme Court overturned a lower court ruling that the 2007 measure violated the Taxpayer's Bill of Rights in the state constitution.

In a 6-1 ruling, the court reversed a May 2008 district court ruling that said the law, which kept local mill-levy rates from going down and is expected to raise more than $100 million annually, violated TABOR's requirement that voters approve any additional tax increases.

Democratic Gov. Bill Ritter, who was a defendant in the suit, said the ruling would avert even deeper cuts in the state budget to education programs like full-day kindergarten and school counseling.

March 18, 2009 - 04:47 pm
NEWS FEED: Denver Post

Colorado Supreme Court rules in favor of mill-levy freeze

Avoiding further chaos for an already-strapped state budget, the Colorado Supreme Court today ruled that a 2007 law that allowed local property taxes to grow did not violate the Taxpayer's Bill of Rights.

The seven-member court overturned a May 2008 district court ruling that said the law, which kept local mill-levy rates from going down, violated TABOR's requirement that voters approve any additional tax increases.

The court flatly rejected that argument advanced by opponents of the law, which included the Mesa County Board of Commissioners. The court said that was because voters in 174 of the state's 178 school districts had voted to cast off limitations under TABOR, allowing them to keep property tax revenues.

March 5, 2009 - 12:06 pm
NEWS FEED: Face the State

Experts debate whether legislature can lift 6 percent spending cap

Colorado's Taxpayers Bill of Rights, known as TABOR, requires voter approval for any net increase in government revenue, contains a section that reads, “other limits on district revenue, spending, and debt may be weakened only by future voter approval.” Republicans are saying this includes the 6 percent limit, also know as Averschoug-Bird, which means that voter approval would be required for its elimination. Democrats, meanwhile, argue that the 6 percent limit is not actually a limit at all. SB 228's sponsor, Sen. John Morse, D-Colorado Springs, has taken to calling the 6 percent limit an “arbitrary allocation formula.”

Barry Poulson, one of the original collaborators on TABOR and a senior fellow at the Independence Institute, agrees with Republicans.

March 4, 2009 - 09:32 am

Colorado Senate minority filibusters ‘pavement over people’

The Colorado Senate GOP filibuster that went into the wee hours of Monday morning made for high political drama and probably some juicy negative ad fodder for the next campaign cycle. But there were 14 elephants who forgot their own roles in the transportation funding crisis.

Remember Referendum D, anyone?

The Republican caucus argued long and loud that the bipartisan budget reform bill SB 228 would amount to “highway robbery.” The repeal of the Arveschoug-Bird provision would eliminate the 6 percent limit on growth in the state General Fund that funds health care programs, job training, mental health services, prisons and hundreds of safety net programs for residents (not to mention thousands of public and private sector jobs).

March 3, 2009 - 06:34 pm

Budget reform bill weathers GOP filibuster, clears another hurdle

Colorado Senate Minority Leader Josh Penry (Photo/Bob Spencer/The Colorado Independent)

Senate Bill 228, Democratic Sen. John Morse’s controversial budget reform legislation, received key preliminary approval late last night after a 10-hour Republican filibuster that, for all its passion, never seriously threatened passage of the bill.

Senate members on both sides of the aisle agreed SB 228 was among the most important laws they would consider this year and would have ramifications on Colorado governance for years to come, amounting to a “sea change,” as state Sen. Keith King, R-Colorado Springs, described it, in the way tax revenues would be spent.

SB 228 seeks to repeal a 1992 budget provision called Arveschoug-Bird that requires any revenues collected by the state above a 6 percent annual increase to flow away from the state’s discretionary General Fund and into transportation and capital construction projects such as highway maintenance and construction at public university buildings.

February 26, 2009 - 01:59 pm
NEWS FEED: Face the State

Suthers: Something strange afoot at the Supreme Court

The Colorado Supreme Court has delayed its ruling on a controversial property tax increase for months, and at a Wednesday breakfast speech, Attorney General John Suthers speculated about the reasons for the delay.

Speaking before the Colorado Civil Justice League, a statewide tort reform coalition, an audience member asked Suthers when he expects the Colorado Supreme Court to rule on a controversial case concerning a Democrat-championed property tax increase ruled unconstitutional by a lower court.

"Something strange is going on over there," Suthers said. "That decision should have been made five months ago."

The question prompted Suthers to speculate about whether Chief Justice Mary Mullarkey, one of the court's staunchest liberals, was holding up the decision because she was attempting to persuade fellow justices to support the tax increase.

February 25, 2009 - 11:36 am

Morse’s ‘6 percent solution’ budget bill clears first hurdle

State Sen. John Morse, D-Colorado Springs. (Photo/Bob Spencer, The Colorado Independent)

On Wednesday, the Colorado Senate Finance Committee approved Senate Bill 228 — legislation that seeks to provide greater flexibility to lawmakers in deciding where to spend the state’s shrinking revenues.

State Sen. John Morse, D-Colorado Springs. (Photo/Bob Spencer, The Colorado Independent)

Sponsored by Democratic Sen. John Morse, the bill would eliminate the so-called Arveschoug-Bird provision, which restricts the state’s General Fund to 6 percent growth per year and allocates any surplus specifically to transportation and construction projects. Morse’s bill and the problem it seeks to address are tongue-twisting and arcane, yet the small corner room of the Capitol where the hearing took place was filled with laptop jockeys, community leaders, a webcast crew and a buzz that hung in the air when it became clear that SB228 was going to clear its first public hurdle.

February 25, 2009 - 05:05 am
NEWS FEED: Denver Post

Repeal of limit on general fund advances to full Senate

The most significant move to ease restrictions on the state budget since voters passed Referendum C in 2005 took a step forward Tuesday.

On a 4-3 party-line vote, the Senate Finance Committee approved a bill to repeal the Arveschoug-Bird limit. The 1991 provision, named after the lawmakers who sponsored it, limits growth in the state's general fund to 6 percent a year.

Money collected above the limit must be spent on roads and other construction projects.

The fight over the 6 percent limit is shaping up to be one of the most contentious at the Capitol this year, and people on both sides of the issue say it is likely to be settled in court.

February 21, 2009 - 05:26 pm
NEWS FEED: ColoradoPols.com

My lunch with Brandon & Rollie

Today I had the opportunity to have lunch with Senators Brandon Shaffer and Rollie Heath after a town meeting they just held. So I got them coming off of 2? hours of discussing what they are doing down at the legislature and answering questions. That worked really well as they were already focused on discussing their efforts down at the capitol.
Rollie mentioned up front that he gave everyone 5 minutes to speak and Brandon was the only one to live with that limit. I'm shocked, repeat shocked, that most of the politicians talked for longer than scheduled.

It started off with Brandon asking me about my blogging & my company.

February 21, 2009 - 02:15 am

Colorado Constitutional rewrite considered

The Colorado Constitution needs major surgery - in the form of a constitutional convention - to untangle conflicting provisions added over the years, some lawmakers say.

Driving consideration of what one legislative leader calls "the nuclear option" are provisions that govern state spending. One amendment limits state spending, while another requires more spending for schools.

"You can't do an algebraic formula," state Rep. Don Marostica, R-Loveland, said of those two provisions, and several others that govern how the state spends its money. "The math doesn't work."

Marostica is a member of the Joint Budget Committee, which drafts the annual state spending bill. He recently sought advice from staff attorneys on whether the legislature can call a constitutional convention limited to financial issues.