GUEST COLUMN: Amendment B is a property tax hike
Discussions about the Gallagher Amendment are nothing new, but what is new is the extent politicians are going to hide the facts about Amendment B (Gallagher repeal) from voters.
Legislators must fear that if voters knew that this ballot issue is a huge property tax hike, they would overwhelmingly reject it.
It’s important that people understand that the Gallagher Amendment has helped ensure that property taxes in Colorado haven’t skyrocketed as much as they have in other parts of the country. Still, property tax revenue in Colorado has gone up 53% in the last five years. Even during this recession, revenue is projected to go up another 10% this year. If not for Gallagher, your property tax bill would be considerably higher.
The Gallagher Amendment has provided a strong check on property tax increases (along with our Taxpayer’s Bill of Rights), but it isn’t without flaws. Property values are increasing in a lot of parts of the state, but there are some areas (especially in rural Colorado) where this is not happening. In these areas, local services are impacted.
But when you’re a hammer, everything looks like a nail. And instead of looking at a regional or county-based solution, legislators are smashing through the good parts of Gallagher to raise everyone’s taxes. And while proponents of Amendment B are quick to point out the current system puts a high tax burden on businesses in our state, their proposal does nothing to address it.
This is one of the most concerning things about Amendment B: it would repeal the Gallagher Amendment without a plan for how to replace it. We know it will be a tax increase on residential property, but then what? Legislators rushed this proposal through at the end of session, but have still not let Coloradans know what comes next. This kind of uncertainty is not good for individuals or businesses.
If repealed, will legislators push for higher or lower taxes on business property? Will they try to raise residential property taxes even though TABOR is clear that any increase should go to a vote of the people? Over the years, the Legislature and courts have blown holes in TABOR on everything from enterprises to mill levy freezes to certificates of participation. I’m worried about the uncertainty that comes with repealing the Gallagher Amendment.
It seems like politicians at the Capitol want us to vote for this and then trust them. But how can they be trusted when they aren’t even honest in the ballot language or the Blue Book. The ballot language starts out by saying, “Without raising property tax rates…”
If Gallagher is repealed, the assessment rate on residential property will be 7.15%. If it is not repealed, it will be 5.88%. To say that’s not a higher rate is simply not true.
Not only did legislators write biased ballot language, but they also overruled the nonpartisan Legislative Council staff and rewrote the Blue Book summary of Amendment B to try to hide that this is a tax increase. Rewriting the Blue Book language was unprecedented and even led to a lawsuit from the former Democratic speaker of the House, Dickey Lee Hullinghorst. The Colorado Constitution is clear that the Blue Book need to be “fair and impartial.” Playing these types of political games is bad for the whole process.
I believe that voters are smart and will do their own research. And when they do, they will realize that raising taxes on homes and apartments during a recession is a bad idea.
Michael Fields is the executive director of Colorado Rising State Action.
Michael Fields





