Colorado Politics

Rein in violations of taxpayer’s rights | Colorado Springs Gazette

Government is supposed to be of, by and for the people. That’s why Colorado voters passed the Taxpayer’s Bill of Rights in 1992, forcing the state government and other taxing jurisdictions to obtain voter approval before raising taxes or spending revenues that outpace inflation and population.

Moments after voters passed the law, politicians began routing around it. They began levying and/or raising car registration “fees,” energy production “fees” professional registration “fees,” doing-business “fees,” plastic bag “fees,” phone “fees,” tire “fees,” alcohol “fees” and much more.

Politicians who don’t want to ask for a tax increase — those who think they know what’s best for other peoples’ money — learned early on they could call a “tax” a “fee” and from TABOR become free. Courts, which make up a major component of state and local taxing jurisdictions, have gone along with this ruse.

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“In an effort to avoid having to go to voters for tax increases, Colorado state lawmakers have increasingly turned to fees,” explained a CBS News report Tuesday. “But they may have gone too far this year.”

Boldly flouting federal law, the Colorado Legislature recently passed Senate Bill 184 to impose a “Congestion Impact Fee” on rental vehicles. The money will go to fund passenger rail and other Democratic pet projects marketed as good for the climate.

Federal law seldom fazes Colorado’s radicalized Democrats and permanent bureaucrats, who function like the perpetual children of Neverland. They want to:

• regulate freight trains in direct violation of the U.S. Constitution’s Interstate Commerce Clause

• add more arbitrary “climate change” fees on oil and gas production, without regard for interstate commerce ramifications

• financially discriminate against schools on a basis of religion

• control the expressions of artists, with no regard for First Amendment protections of free speech and religious exercise.

With SB 184, the Legislature wants more “fees” on rental vehicles in direct violation of a federal law, rooted in defense of interstate commerce, that prohibits fees on airport-based businesses if the fees don’t benefit the airport.

“Colorado is the first state that has ignored it,” said Greg Scott of the American Car Rental Association, as quoted by CBS News.

Of course, Colorado ignores it. Radicalized, supermajority single-party left-wing politicos function in an isolation chamber that keeps out pesky matters of law, order, truth and rationality. In reality, Scott said the fees will cost DIA, Colorado Springs Municipal and other airports tens of millions of dollars. All of it will pass directly to consumers.

The association is suing to have the law enforced. Additionally, it supports two measures proposed for November’s ballot. One would define “fee” and require voter approval for new “fees.” Another would ensure transit fees are charged only to people in areas directly served by transit.

When voters enacted TABOR, they fully intended to obtain and retain control of government taxing and spending. Had they foreseen the open rebellion of the political class, they might have required voter approval of “fees” along with taxes.

Thirty-two years have passed since Coloradans voted to ensure their governments serve the governed. TABOR has never been more popular and important — and never so diluted.

Corporations and business associations should follow the lead of the American Car Rental Association. They should take legal actions that force politicians and bureaucrats to work within the law. Meanwhile, ordinary Coloradans can amend the state constitution — a document written to restrict the actions of government — and stop the sophomoric tricks of semantics.

Coloradans deserve nothing less than governance of, by and for the people. To get it, they must demand enforcement and refinement of laws the state’s controlling party flagrantly ignores.

Colorado Springs Gazette Editorial Board

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