Posted by
Tomás Aquinas on Friday, February 27, 2009 6:13:52 PM
As most of us are aware, the Democrats have tried to sneak in property tax hikes via SB199, or...the School Finance Act.
That Act has a provision that freezes the state's mill levy rates.
How does that hike property taxes? Well, here's the deal:
Before SB199, mill levy rates were rolled back. This made sure that as property values increased, property taxes stayed flat.
But
when the rates are frozen, as we see with SB199, property tax revenue
went up with property values. That violates the Colorado Constitution,
specifically the TABOR provisions therein. Voter approval is required
for any change in tax policy that results in a net increase of
government tax revenues. A judge up in Denver, Her Honor Christina
Habas, declared that mill levy freeze to be unconstitutional
because...the voters had not approved the increase in net tax revenues,
as is REQUIRED by the state constitution.
The Democrats at state
level, as we are seeing with their brethren and sistren at the Federal
level, are not overly concerned with constitutional niceties. So...we
have SB199, an attempt to do an end run around the state constitution.
There is a provision within TABOR that requires TABOR matters going before the courts to be given priority.
Chief
Justice Mary Mullarkey, who is so liberal as to see Nancy "The Mouse"
Pelosi as a kindred soul, has been sitting on the case. Why?
"Something
strange is going on over there," State Attorney JohnSuthers said
Wednesday at a breakfast meeting with the Colorado Civil Justice
League, "That decision should have been made five months ago."
Sutherland went on to wonder openly if Mullarkey was sitting on the
case, delaying it - in violation of the state Constitution - in order
to try to convince other justices to rule in favor of SB199.
Bill Ritter and the State Board of Education are the plaintiffs in the case.
So
we have school boards and administrators going on about not getting a
big enough piece of the pork from Porculus Americanus, the Obama/Pelosi
'stimulus' bill which is raking larger and larger chunks of change out
of your pockets - while "giving" you $400 per year as a pinhead
prize...the government thinks you are enough of a pinhead to be happy
with that. And we have school boards and administrators now whining
about that pesky state constitution getting in the way of another way
to get their hands in your pockets...for more money, to do who knows
what with, as the Indians and the Chinese continue to kick America's
academic backside. Perhaps it is to provide sensitivity training for
other cultures? Who knows.
Mark Hillman gives an analysis of the situation here:
Why is the governor so sure of Supreme Court Ruling?
TABOR
has taken a lot of heat in its time...but as the editorial in the
Pueblo Chieftain notes regarding another Democratic attempt to do an
end run around the constitution, it is TABOR that has kept the state
government from spending us into oblivion in the same manner as the
Democrats have done in California, Ohio, New York...all those states
that are slavering at the chops over the idea of getting all that Free
Federal Munny.
Wrong, wrong, wrong
An excerpt from that one:
SB228
would divert $385 million from highways and other construction and into
the general fund by 2011, and even more in future years. This would
give lawmakers new money to spend on social programs and also give them
an excuse to seek more taxes for highways and capital construction.
In
Colorado, more than a third of a billion in new play money is a big
temptation for those lawmakers who have no problem spending other
people’s taxes. But even if you agree with the proposition that the
Legislature should not be limited by Arveschoug-Bird, simply passing
legislation to change it when it is clearly protected in the State
Constitution is wrong, wrong, wrong.
The state ledge is
also looking for an opportunity to get its fingers into the state
community colleges pie. Amendment 50 expanded casino gambling, with the
additional intake to go to state colleges. That take is implemented
through HB1272, which,"...allocates 78 percent of the additional state
revenue from expanded casino gambling in Cripple Creek, Central City
and Black Hawk to community and junior colleges. The rest will go 10
percent to the three casino mountain towns and 12 percent to Gilpin and
Teller counties...".
The politicians being what they are, it's a
sure bet that at least some of them are thinking that they can divert
original funding from the community colleges to other 'projects',
keeping up the swag levels to the colleges through 50 funds.
That is not what the voters intended, nor is it what they want.
Here is a Chieftain editorial on that:
Clear intent