“No man’s life, liberty, or property is safe while the legislature is in session.” - Mark Twain (1866)

Occasionally, however, the legislature can succeed in undoing previous acts putting one’s life, liberty, or property at risk…

State legislators made some progress this week towards repealing one of last year’s “Dirty Dozen” tax increases (which exploited a Colorado Supreme Court ruling to take more of your money without asking, as is required under the Colorado Constitution).

The “Dirty Dozen” was the name given to a package of twelve legislative bills which sought to increase tax revenues by eliminating existing tax credits or exemptions - an end-run around the constitutional requirement (in Article X, Section 20 - colloquially known as the Taxpayer’s Bill of Rights, or TABOR) for “voter approval in advance for… any new tax, tax rate increase, or… tax policy change directly causing a net tax revenue gain to any district.”

Last year’s legislative majorities (Democrats dominated both chambers of the state General Assembly) were emboldened in their assault on the constitutional rights (and wallets) of Colorado citizens by an interpretation of the Colorado Supreme Court’s ruling in the notorious “Mill Levy Tax Freeze” case (another unconstitutional tax increase, sanctioned by the court under the pretense that a rate “freeze” which collects more revenue doesn’t count as a tax increase for triggering that pesky constitutional requirement to receive “voter approval in advance”).  Solid legislative majorities, a compliant governor, and a complicit supreme court allowed them to take a bigger bite of your money without first (or ever) asking for permission.

Since the 2010 elections resulted in a shift of control of one legislative chamber (the state House of Representatives) and many members of the new majority campaigned on a promise to seek the repeal of these unconstitutional tax increases, progress towards the elimination of any one of these unconstitutional (and economy-killing) tax increases is welcome news.  Last week, HB 11-1005, Reinstate Tax Exemption for Ag Products (Sonnenberg/Brophy), which would repeal the 2.9 percent state sales and use tax on agricultural compounds, bull semen and pesticides that was (unconstitutionally) imposed by last year’s HB10-1195, Suspend Ag Sales & Use Tax Exemption (Ferrandino/Heath), passed the House with a bipartisan 48-17 vote and appears likely to pass the state Senate as well, according to this article (”Ag tax repeal passes state House“).

Repealing last year’s (unconstitutional) agricultural tax increase is a win both for the rule of law and Colorado consumers - since the tax indirectly raised the price of all food grown, raised, or otherwise produced in Colorado.  Noticed your grocery bill creeping up?  Last year’s tax increase is partially to blame; projected revenue gains of $1.5M have not been realized, while higher food costs are shifted to consumers.

Of course, had the Colorado Supreme Court stuck to its sworn duty to uphold the Colorado Constitution and the rule of law in the first place (instead of legislating from the bench), none of the “Dirty Dozen” would have been proposed, much less passed - and we wouldn’t need to pass more laws to repeal bad laws already enacted.

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work with legislators and others interested in reforming the systemic shortcomings of Colorado’s “merit selection & retention” system to increase transparency and accountability to the public, and to provide useful evaluations of judicial performance.

However, we can’t do it alone -  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though - it’s worth the effort.

Welcome to another belated edition of the Friday Funnies (hey, our graphics guy is on vacation - and artistic talent is NOT tied to the Y chromosome in my family) for the latest in our continuing cavalcade of canine & kitty clips…

The last week has brought even more additions to the litany of backdoor taxes (er, “fees”) being foisted on Colorado citizens.  Apparently unconcerned with widespread opposition to the Colorado Car Tax, Governor Ritter picked a showdown with Colorado gun owners by proposing more new taxes (sorry, “fees“) on gun sales and concealed-carry permits to “balance the budget.”  Hmmm, and I thought that “fees” were supposed to be related to the cost of providing a particular government service?  Oh, right - that quaint notion was swept aside (along with other constitutional protections against tax increases) by our activist Colorado Supreme Court.

Sooner or later, though, our governor and legislature will run out of people they can target for tax hikes - can going after kittens and puppies be far behind?

Don’t let the Mullarkey Majority unleash even more taxes (er, “fees”) by our rabidly spendthrift governor and legislature - support Clear The Bench Colorado and vote “NO” on these unjust justices before they can make even more Colorado puppies and kittens sad.

Well, that didn’t take long.

In Monday’s article predicting that new “fees“, not new taxes, would be the preferred approach of the Governor and the Colorado Legislature to address our state’s “fiscal crisis” (in reality more of a spending issue, not a revenue shortfall), I’d thought (paraphrasing Will Rogers) that my wallet was safe until the Legislature was back in session.  Although that’s still technically true (since the latest proposed “fee” increases still require legislative approval before going into effect), less than a day passed between my prediction and the first new “fee” proposal by Governor Ritter.

Ritter’s Colorado Gun Tax is the latest scheme to target a maligned minority group (gun-owners) to bear the burden of additional charges (pardon, “fees“) in order to exercise a constitutional right.  Under Ritter’s proposed budget plan, the state would levy “a fee increase for background checks on gun sales” as well as increasing the fee for Concealed-Carry Weapons (CCW) permits.

This follows on the heels of the 2009 Legislative Session’s Tobacco Tax increase, HB1342  (technically, an elimination of the long-standing Colorado state tax exemption for tobacco products).

Does anyone think that our governor and legislators will stop with targeting gun-owners and smokers?  Not by a long shot (pardon the pun); they’re just getting warmed up:

He [Governor Ritter] talked vaguely about “options other than budget reductions” for next year’s budget. Some Democratic leaders want to eliminate some of the nearly $2 billion in tax credits, incentives and exemptions in state law.

The “nearly $2 billion in tax credits, incentives, and exemptions in state law”- which includes exemptions on taxing groceries, internet access, gasoline, fuel for residential heat, etc.  (view the complete list) - was previously shielded from legislative raids on your wallet by TABOR, until the Mullarkey Court declared “open season” on these credits as part of the “Mill Levy Tax Freeze” ruling.

Ritter and the Colorado Legislature were similarly prohibited from bypassing TABOR - and TABOR’s requirement for a vote of the people on tax increases - by raising taxes disguised as “fees” until the Mullarkey Court’s “November Surprise” ruling in the Barber v. Ritter case.

The Mullarkey Majority has been aiding and abetting the sticky fingers of state government in YOUR wallet.  It’s high time to hold them accountable - vote “NO” on retaining these unjust justices in 2010.

Let’s Clear The Bench, Colorado!