Published by CTBC Director on 04 Feb 2010 at 11:33 am
Clear The Bench Colorado Director Matt Arnold testifies against unconstitutional “Doggy Bag Tax” enabled by Colorado Supreme Court
It’s still deja vu all over again…
Several of the unconstitutional “Dirty Dozen” tax bills previously rammed through the Colorado House(Monday) on a largely party-line vote are now up for hearings this week before the Colorado Senate.
On Wednesday, four of the “Dirty Dozen” tax increase bills came up for hearings and public testimony before the Senate Finance Committee at the Colorado Capitol (Old Supreme Court chambers):
-HB 1189 (Elimination of the state sales and use tax exemption for direct mail advertising materials)
-HB 1191 (Subjecting candy and soft drinks to the state sales and use taxes)
-HB 1194 (Eliminating sales tax exemptions for “nonessential food articles” - the “doggy bag” tax)
-HB 1196 (Elimination of tax credit for alternative fuel vehicles)
Clear The Bench Colorado Director Matt Arnold testified in opposition to these bills on constitutional grounds - since it is clear that each bill represents “a tax policy change… resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires prior approval by a vote of the people.
The following video clip is a recording of his testimony against the “Doggy Bag” tax - which is not only unconstitutional in origin, but (in the bill’s particulars) is confusing, capricious, and arbitrary in application - and will likely result in increased costs to government in the form of additional oversight, regulation, and enforcement (”Doggy Bag Police?”)
Defend your right to have a vote before being taxed - and exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.” Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!
Tags: Alex Martinez, Bill Ritter, Colorado Car Tax, Colorado Constitution, Colorado Courts, Colorado Gun Tax, Colorado Judges, Colorado Legislature, Colorado Mill Levy, Colorado Supreme Court, Dirty Dozen, Doggy Bag Tax, eminent domain abuse, FASTER, judical activism, judicial accountability, judicial evaluation, judicial retention, judicial usurpation, Know Your Judge, Mary Mullarkey, Michael Bender, Mill Levy Tax Colorado, Mill Levy Tax Freeze, Mullarkey Court, Mullarkey Majority, Nancy Rice, Pat Steadman, Ritter Auto Tax, Ritter Candy Tax, Ritter Gun Tax, stealth tax increase, TABOR, Telluride Land Grab, unjust justices
David Henderson on 05 Feb 2010 at 9:50 PM #
Since these items are “sold” to the customer for $0.00, I don’t see how subjecting them to sales tax will give the state any extra money. Are they trying to make it a fee instead of a tax? Reading the text of the bill didn’t make things any clearer, unfortunately.
davidh
Director on 06 Feb 2010 at 10:40 AM #
David -
the sales tax will be applied at the point of purchase - i.e. the restaurant buying the items from the wholesaler (which is itself somewhat unusual). The costs will be passed along to the consumer in the form of increased prices for ALL items sold (to cover the business cost).
It is unsurprising that reading the text of the bill didn’t make things any clearer - which is another problem with this proposed law. Application and enforcement of the “Doggy Bag” tax is almost certain to be confusing, capricious, and arbitrary - undermining the rule of law.
Matt
Alfred Costanzo on 22 Feb 2010 at 11:49 PM #
I’m a New Mexico resident and have been looking for property in the Pagosa Springs area as a possible retirement home or second summer home. After reading the kinds of repressive taxes that are being imposed on my neighbors up North I have given very serious reservations to ever moving or buying property in Colorado. It looks like they are trying to grab and squeeze every possible nickle out of it’s residents. “A doggy bag tax” If I purchase a meal in an establishment and ask for a doggy bag to bring home to my pet after I have already paid for the meal and the taxes which go with it, the idea of paying another tax to get a bag to bring home the food already purchased is absurd. Furthermore the Candy Tax is equally absurd and the repressive tax on auto’s well put it this way, I’m glad that when deciding to move from New York City out West, I looked seriously at Colorado Springs and Albuquerque as possible places to move, I picked Albuquerque New Mexico instead of Colorado. I brought my Advertising business and established a new location and employed 12 people. I’m glad I drew from the creative people I found here. It is tough enough to run a business with all the laws and regulations and taxes that are required to get and keep it going. The last thing I need is to be in a place that has this atitude that they can create any kind of loophole to drain more money out of the people, that is an enviornment I will not be part of. I’m retired now and had been very successful here in New Mexico because it was an enviornemt that encouraged business not repress it. I’m not sure what dollar amount I had paid over the 28 years I’ve had the business but I assure you I had paid my fair share in taxes. I’m glad that I did not have to contribute my tax money to encourage such government leeches as you have in Colorado. I’m happy to have made the move to New Mexico instead of Colorado. Furthermore the idea of living in a state which allows these people to remain in office is a sad reflection on the people who live here.