For most of the past year, Clear The Bench Colorado has been predicting that the Colorado legislature would not be proposing any new tax increases in this year’s legislative session - at least, not in name.  Good news, right?  Of course, the bad news punchline is that, thanks to the Colorado Supreme Court’s Mullarkey Majority rulings on the “Mill Levy Tax Freeze” case and the “Fees are not Taxes” case - they won’t have to; they’ll just call it a “freeze”, a “fee”, or the “elimination of an existing tax credit or tax exemption.”

Until today, these predictions have been borne out; although the legislature has already come up with numerous “revenue-generating mechanisms” this year to avoid that pesky TABOR requirement to seek voter approval before taking your money (such as, most prominently, the notorious “Dirty Dozen” tax increase - er, elimination of tax credits or exemptions - bills which dominated the start of this year’s legislative session), the legislature had so far NOT openly proposed any new “taxes”.

This one is - wait for it - “for the children”: Proposal would raise taxes for Colorado schools

“Rep. Debbie Benefield of Arvada announced Wednesday that she would introduce a referred measure asking voters this November to amend the state constitution to give lawmakers open-ended authority to raise taxes to cover education expenses.

Currently, the Taxpayers Bill of Rights requires lawmakers to get voter approval for any proposed tax increase. Benefield’s proposal would make a permanent exception for hikes that fund schools. …

Judy Solano, Mike Merrifield and Joe Rice also stood in support.”

Well, at least they’re asking this time…  although it’s kinda like the neighborhood bully who repeatedly beats you up all week for your lunch money, then comes back on Sunday and asks you to contribute more money for his anger management and substance abuse therapy.  Sure, it’s a good cause, but…

Besides, the excuse that “it’s for the children” is wearing a bit thin.  The 2007 School Finance Act, passed through that year’s Senate Bill 199 (upheld in the notorious “Mill Levy Tax Freeze” ruling) massively increased property taxes “for the children”:

Ritter praised the court’s decision. “As you know, the Colorado Supreme Court today ruled in the state’s favor in what has become known as the ‘mill levy’ case,” he said in a prepared statement. “But the real winners today are Colorado’s children, Colorado’s families and Colorado’s schools.”

 Except that the revenues collected didn’t go towards school funding after all: TURNS OUT, MILL LEVY INCREASE ISN’T REALLY ‘FOR THE CHILDREN’

“Fast-forward several weeks, and it turns out Colorado schools won’t see an additional dime despite higher property tax collections. At least not this year. The Denver Post reported Sen. Bob Bacon, D-Fort Collins, saying the mill levy freeze saved the state about $130 million this fiscal year because the state didn’t have didn’t have to backfill school coffers in order to meet a mandated per pupil allotment.”

Well, that’s Strike One on revenue collection “for the children” - what’s the next pitch?

That would be the attempt to bypass the legislative process entirely and just sue the state in court to get increased funding for schools - ironically, using taxpayer dollars to pay for both sides.  The latest example of using the courts to take a bite out of your rights (instead of defending them) was enabled thanks to a Colorado Supreme Court ruling last October (Lobato v. State of Colorado) allowing the lawsuits to go forward, overturning lower courts that had held (correctly) that school funding decisions are a matter of policy - not law - and are therefore the job of elected legislators - not appointed judges - to decide.

However, since the lawsuits are likely to be tied up in the courts for some time, they are unlikely to succeed in bringing in any revenues “for the children” (as opposed to the copious revenues that WILL be generated in the meantime “for the lawyers”) anytime soon - so this approach is a costly “foul ball.”  Strike Two.

Next up: the “Dirty Dozen” tax increase bills - courtesy of that same “Mill Levy Tax Freeze” ruling that raised property taxes - were justified (again!) as being “for the children” (and schools, and teachers…) - as expressed both in floor debates and in (taxpayer-funded?) fundraising letters to constituents:

“Increasing taxes “means $145 million we do not have to cut from K-12 education,” the Democrat fundraising e-mail said, specifically claiming that one tax could save up to 1,700 jobs for teachers.”

However, the claim is disingenuous, at best, according to several state legislators:

“Democrats know full well that K-12 education won’t see an extra dime from these tax increases,” said Sen. Nancy Spence, R-Centennial.  ”It’s time for the Democrats to stop lying to the public about where this money will go.”

That would be - Strike Three?

Unfortunately, the batter’s still not out (yet!) - apparently, the rules get bent a bit in favor of those coming after your wallet.  Benefield may be swinging for the bleachers with her latest tax proposal - but hey, with the umpire(s) on your side, why not?

The question is, why should “We The People” wish to give “open-ended authority to raise taxes” and create a “permanent exemption” to the Taxpayers Bill of Rights [which] “requires lawmakers to get voter approval for any proposed tax increase?” Particularly when any loophole created - even if narrowly tailored to only “fund schools” or support education - will be aggressively exploited by future legislators and expanded on by the current majority on the Colorado Supreme Court.

Our Constitution has already been shredded enough in the name of legislation and court rulings “for the children” with a cynical, activist Mullarkey Court leading the way.

Although it’s almost April 1st, don’t get fooled again - exercise your right to vote “NO” on the four Colorado Supreme Court ‘unjust justices’ (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 home and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on retaining these unjust justices on the bench for another 10-year term!

Tags: Alex Martinez, Chief Justice Mullarkey, Colorado Attorney General, Colorado Car Tax, Colorado Constitution, Colorado Courts, Colorado Judges, Colorado Legislature, Colorado Mill Levy, Colorado Supreme Court, Dirty Dozen, eminent domain abuse, judical activism, judicial accountability, judicial evaluation, judicial performance, judicial retention, judicial usurpation, Know Your Judge, Lobato, Mary Mullarkey, Michael Bender, Mill Levy Tax Colorado, Mill Levy Tax Freeze, Mullarkey Court, Mullarkey Majority, Nancy Rice, stealth tax increase, TABOR, tax exemptions, Taxpayer's Bill of Rights, Telluride Land Grab, unjust justices