Lawmakers plan to ask Colorado voters to end TABOR refunds (VIDEO)
Colorado lawmakers want to ask voters for an end to refunding excess tax revenue so that it can be spent on the state’s roads and schools.
A bill being introduced Wednesday would put a question on the November ballot asking voters to let the state keep revenue it otherwise would have to refund under the 1992 Taxpayer’s Bill of Rights, House Speaker KC Becker of Boulder said.
A companion bill would allocate a third of any excess revenue equally to transportation infrastructure, K-12 schools and higher education each year.
Coloradans voted in 2005 for a five-year time-out on TABOR refunds. The Democrats’ proposal would make that permanent if approved by voters, Becker said.
Becker called it “a common sense first step,” but not a permanent solution, to funding schools and roads that have been underfunded for years because of TABOR which requires voter approval to raise taxes.
Democratic Sen. Lois Court of Denver and Republican Sen. Kevin Priola of Henderson, who joined Becker in announcing the initiative, said they hoped to build bipartisan support in the Democratic-controlled Legislature. Becker read a message from Democratic Gov. Jared Polis endorsing it.
Colorado voters consistently have rejected ballot measures asking them to raise state taxes for education and other priorities. In November, they defeated an education tax hike and competing measures to raise money for the state’s deteriorating roads.
TABOR, a constitutional amendment, allows government to ask voters to raise taxes or keep excess revenue, and many local municipalities have done so. In November, voters in suburban Lakewood authorized the city to keep excess revenue for public safety and other purposes.
TABOR sets an annual revenue limit that can trigger tax refunds based on a formula that involves population and inflation. It’s blamed by many Democrats for contributing to a $9 billion backlog in road projects and a multimillion-dollar debt to schools – all at a time when Colorado’s economy is one of the nation’s strongest.
Colorado Republicans, in contrast, credit TABOR and its tax limits for the strong economy.
Republicans began this legislative session wanting to build on a bipartisan effort last year that could generate $2.8 billion for transportation through bonding and direct spending. That measure will go before voters in November. If it fails, a 2017 law kicks in authorizing $1.9 billion in bonding for roads.
Priola said he hopes to generate Republican support for Wednesday’s initiative. He noted that Colorado hasn’t raised its 22-cents per gallon gasoline tax, a primary funding source for roads, since 1993.
“The power of TABOR is that you can go to the voters and let the voters decide,” Priola said.
The measure approved by voters in 2005, known as Referendum C, allowed the state to hold onto revenue that exceeded the state’s TABOR cap for five years.
Transportation advocates, such as Sandra Hagen Solin of Fix Colorado Roads, said Becker’s proposal is a “cherry on top” of anything we can get in funding but not the solution.
Still, she said, “We’re encouraged by any effort to direct additional funds to transportation.”
The Colorado Department of Transportation estimates it needs $9 billion over the next decade for its wish list of major road and bridge projects. The 2019-20 state budget scheduled to be introduced next week includes about $30 million for transportation, which Solin called a drop in the bucket.
She doesn’t expect to see transportation to rise on Polis’ priority list, at least this year.
Estimates on how much would be available from Becker’s “Son of Ref C” measure differ.
The governor’s Office of State Planning and Budgeting has a rosier projection of around $350 million in 2019-20 and as much as $700 million the following year.
The General Assembly’s economists are pretty close on that $350 million for 2019-20, but that’s where they diverge. They don’t believe there will be any surplus available in 2020-21.
Solin said the latest forecast shows there will be little if anything available for higher education, education and transportation past this next budget year.
And that’s the problem, Solin told Colorado Politics. This is only one-time money, she said and intermittent at that, which means the state can’t bond against it or rely on it for large-dollar transportation projects. “It won’t make a meaningful dent,” she said, in the state’s $9 billion transportation backlog.
The state budget should include a more meaningful amount of money for transportation, coupled with a continued discussion of new revenue sources, she said.
“We’ve engaged in discussions with leaders on what that looks like, and whether they’re ready for prime time this legislative session or next remains to be seen,” Solin said.
“We have to recommit ourselves to making transportation funding a priority in this state,” but it’s not a top priority for the governor, at least for now, she added. “Once he’s able to check the box on the things he’s had as his highest priorities, he can re-focus some energy around transportation.”
The hope for bipartisan support already may have hit a roadblock. House Minority Leader Republican Patrick Neville of Castle Rock sent out a news release that claimed the measure would spell the “ELIMINATION” of TABOR.
“Democrats can’t pay for all of their empty promises made in the last election, so now they want to permanently eliminate your tax refunds to pay for their expensive programs,” Neville said. “It is egregious that the Democrats want to forever take away your consent on what is done with your tax dollars.”
The Associated Press contributed to this report.


