Frequently Asked Questions - Colorado Taxes, Criminal Justice, and More

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For years I have fought against the onerous rules and regulations placed upon Coloradans by the Fourth Rail of Government. From the Division of Real Estate (Real Estate), the Division of Securities (Investments), Colorado Air Quality and Control Commission (Energy and Environment), Colorado Department of Public Health and Environment), the Colorado Oil and Gas Commission (Oil and Gas), and the Department of Regulatory Agencies (DORA) in general.

Title 24: Colorado Administrative Procedures Act

24-4-101.5 C.R.S. has been in full force and effect since 1976. It has existed under both Democrat and Republican Governors, as well as both Democrat and Republican Legislatures. Title 24 states as follows:

"The general assembly finds that an agency should not regulate or restrict the freedom of any person to conduct his or her affairs, use his or her property, or deal with others on mutually agreeable terms unless it finds, after full consideration of the effects of the agency action, that the action would benefit the public interest and encourage the benefits of a free enterprise system for the citizens of this state. The general assembly also finds that many government programs may be adopted without stating the direct and indirect costs to consumers and businesses and without consideration of such costs in relation to the benefits derived from the programs. The general assembly further recognizes that agency action taken without evaluation of its economic impact may have unintended effects, which may include barriers to competition, reduced economic efficiency, reduced consumer choice, increased producer and consumer costs, and restrictions on employment. The general assembly further finds that agency rules can negatively impact the state's business climate by impeding the ability of local businesses to compete with out-of-state businesses, by discouraging new or existing businesses from moving to this state, and by hindering economic competitiveness and job creation. Accordingly, it is the continuing responsibility of agencies to analyze the economic impact of agency actions and reevaluate the economic impact of agency actions and reevaluate the economic impact of continuing agency actions to determine whether the actions promote the public interest."

Under our current system, Educational Equality and Opportunity does not presently exist. Public education (government-based education) has resulted in educational inequities and opportunities for many Colorado children and young adults. A long-time proponent of School Choice, I believe that doors need to be opened, opportunities advanced, and regulations modified to allow for total School Choice (Public, Private, Parochial, and Homeschool). School Funding should FOLLOW THE CHILD. Under our current system, the parents of children in parochial, private, and homeschool environments bear the FULL FINANCIAL BURDEN. School districts receive BASE FUNDING from a variety of tax sources (property, grants, bonds, etc.) as well as ANNUAL PER PUPIL FUNDING. However, when these children fall under the umbrella of a particular school district. The funding for these students goes to the school not the environment wherein the student is actually receiving the education. This raises two fundamental questions:  One, why? and two, where does the money go if 50% or more of the tax base is obtained from parents who NO LONGER have children in the school, and aren't even attending at the physical school site?

As a student of public (government) education that grew up in a TWO-TRACK education system, I know of many fellow students who by learning a trade (via vocational education) went on after graduation to excel in their chosen trades and occupations. The adoption of a ONE-TRACK SYSTEM (College Bound) by the governmental public system has been a DISSERVICE to Colorado's children and young adults.

MARCH 10, 2022: Today I testified before the Colorado Oil & Gas Commission relating to mandates that would restrict oil drilling in Firestone and Weld County. Primarily the Kerr/McGee and Longs Peak site for natural gas. In 2018 the voters DISAPPROVED restrictions on Oil and Gas Drilling. As a result, the Democrat Legislature passed 2019-181 which GRANTED WIDE SWEEPING AUTHORITY to the Colorado Department on Public Health and Environment (CDPHE). 

The land was purchased by Occidental Petroleum seven years ago. They have been meeting regulations and mandates continuously since then - nearly five years of bureaucratic and legal obstructions.  The major restriction today is dealing with SETBACKS. Under current law, if a developer purchases a property adjacent to the existing well, there must be a 2000-foot setback. However, the site was purchased and platted by the Oil and Gas company, long before the developers purchased an adjoining property for residential development. What the liberals want is to DENY Occidental Petroleum of the rights to drill and take advantage of the mineral rights attached to the property.

FACT: At one time Colorado was the Fourth Largest Natural Energy Producer in the United States. There are approximately 1400 wells in Colorado. Many are idle due to State and Federal Regulations.

If our Founding Fathers had intended there be instituted EXCEPTIONS to ones right to defend their Life, Liberty, and Property it seems only logical that EXCEPTIONS would have been drafted and incorporated into the Second Amendment at the time of our nation's founding. 

RED FLAG LAWS: On February 20, 2019, the United States Supreme Court in a landmark 9-0 ruling (TIMBS V. INDIANA No. 17-1091) written by Justice Ruth Bader Ginsburg, clarified how government agencies may confiscate private property via civil forfeiture.  In its opinion, the court found that the plaintiff (Timbs) had never received a court hearing regarding the seizure of his property. Thus, denying Mr. Timbs of his Due Process Rights afforded to him under the United States Constitution. the state of Indiana argued that they have GOVERNMENTAL IMMUNITY.  The Supreme Court ruled that any time a governmental entity seizes property without DUE PROCESS they NO LONGER have GOVERNMENTAL IMMUNITY under the Tenth Amendment, but must follow the Fourth, Fifth, Eight, and Fourteenth Amendments. 

Thus, confiscation without Due Process is in and of itself UNLAWFUL SEIZURE.

Of the first 7 cases in Colorado, 6 individuals had their firearms returned to them by the courts.

Of the first 7 cases in Colorado, 6 individuals had their firearms returned to them by the courts.

Timbs v. Indiana No. 17-091

The issue isn't that GOVERNMENT TAXES TOO LITTLE, it is that GOVERNMENT TAXES TOO MUCH. Excess revenue result in WASTEFUL SPENDING. Government and its Incremental Budgeting leads to GOVERNMENT WASTE. As government grows it finds ways to add more bureaucracy.  Government (in general) needs to be more accountable to the taxpaying citizens of Colorado. 

TABOR: As the only candidate in Senate District 10 that has supported TABOR (since its passage by voters in 1992), and has received the endorsement of its author Douglas Bruce, I am acutely aware of my duties and responsibilities. As a former judicial employee, I received accolades for my implementation of policies and processes that saved the courts funding at a time when it was a 67% caseload funding level. Similarly, as the former Chairperson of School District Eleven's District Advisory and Accountability Budget Committee, I proposed an EARLY RETIREMENT INCENTIVE PROGRAM that (once implemented) saved the district funds via the vacancy savings, opened the doors to new teachers, and increased the number of teachers who sought to retire in previous years (approximately 1%).

Government Fees: OPT OUT vs. OPT-IN (Fee Abuses)

Too often government agencies have utilized FEES as a means of raising revenues for non-essential amenities. Government is well within its rights to charge fees when services are rendered (FEE for SERVICE). 

1) Annual Parks Pass: Currently each automobile owner that has a registered vehicle in the state of Colorado is assessed a $29.00 Annual Park Pass (Fee). The Park Pass is an amenity. As such, it isn't a goods or service that is necessary. I enjoy our park and open space as much as the next person. However, whenever government (whether it be for convenience or otherwise) assesses a fee, it is on its face a TAX. Why? If a person has NO KNOWLEDGE or is UNFAMILIAR with said fee, or a DMV Clerk fails to ask whether they desire to OPT OUT of the fee, and it is paid it becomes a compulsory tax for an amenity. As such, I have zero disagreements with the mechanism and ease at which it allows a person to use the vehicle as a pass, but then one might argue that anyone using the vehicle enjoys the EXPENSE at the EXPENSE of another. That said, it should be VOLUNTARY and OPT-IN.

Whenever a person is asked if they desire to have a portion of their income tax return applied to a particular charity, non-profit, or program it is an OPT-IN situation. As such, it is totally voluntary and leaves the decision to OPT-IN to the consumer/taxpayer.

2) Association/Union Dues: Many individuals have their association memberships and/or union dues deducted from their paychecks. However, if the requirement is an OPT-OUT scenario it makes it look as if the person's employment is contingent upon their union/association membership. In addition, a person might fear retaliation if they elect to OPT-OUT. For that reason, it should be voluntary and an OPT-IN environment. No person, as a condition of their employment/profession, should be required to enjoin themselves with a particular trade/professional association. 

In addition, if it is a program that is endorsed and/or sanctioned by any Colorado bureau, department, or agency, it is a violation of Title 24 in that it is a government-sanctioned monopoly.

3) Woodmen Hills Park and Recreation:  Woodmen Hills Metropolitan District provides two services via its enterprises. These are: Water and Wastewater (utility) and Parks and Recreation (amenity). Since its inception owners have been charged a fee for the use of the Parks and Recreational Facilities. However, unlike other Special/Metropolitan Districts in Colorado, Woodmen Hills Metropolitan relies heavily upon a FEE BASED structure, rather than its bonding or taxing authority. 

Since its inception, property owners throughout the district have seen a Parks and Recreation Fee on their monthly utility bills. Many owners have been led to believe that residential ownership constituted a PRIVATE MEMBERSHIP. This, however, is not the case. Why?

A) Woodmen Hills Metropolitan District does not own the land and every park. There are parcels/tracts that are the property of El Paso County and El Paso County Parks and Recreation (a governmental entity).

B) The initial $35.00 per monthly fees was established with the buildout of filings 1-10.  When the district annexed the Bennett Ranch in 1997 and 1998, the same fees that were established for the initial 10 filings was merely passed on to the new homes in Filing No. 11. Under its EVERYBODY PAYS process property owners are in essence subsidizing the facilities use by outsiders. A similar situation occurred with the Property Owners of Kissing Camels and Kissing Camels Townhomes in 2010. At that time, the court ruled that the Kissing Camels Property Owners Association could not charge the 49-unit condominium owners' assessments to use the recreation center, especially since they elected not to do so and there did not exist any documentation that would serve as a formal agreement between the two (2) parties.

C) Over the years, the Woodmen Hills Metropolitan District has obtained funding for equipment from the Colorado Lottery (GOCO). 

D) Exclusive Use. Use of the facilities is open to those who DO NOT RESIDE within the Metropolitan District; thus, it is a quasi-governmental entity with taxing and bonding authority that uses FEES to raise revenue. These fees should be borne by those who utilize the facilities, NOT THE PROPERTY OWNERS. It is a NON-ESSENTIAL AMENITY.  It should be a membership only financing structure.

For these reasons, I believe that PROPERTY OWNERS should be afforded the opportunity to OPT-OUT if they so desire.

E) Unlike the other filings that acquiesced and incorporated language within their Declaration and Covenants language that would serve as a notice to potential future property owners, the Metropolitan Club Homeowners Association (HOA) has ZERO LANGUAGE to that effect. Indeed, the only language within its covenants mentions the responsibility of the Woodmen Hills Metropolitan District, El Paso County, El Paso County Park and Recreation, and School District 49 to maintain the OPEN SPACE.

The Fourteenth Amendment of the United States grants to every human being, the RIGHT to LIFE, LIBERY, and PROPERTY. I am opposed to government over-reach and abuse of EMINENT DOMAIN. In particular, the ability of government to confiscate a person's water and mineral rights out from under them.

If you ELIMINATE THE MAGNET, the desire will diminish. I will introduce legislation calling for a REFERENDUM to the voters seeking a Constitutional Amendment to OUTLAW SANCTUARY CITIES. In addition, I will seek changes to Title: 24 The Administrative Procedures Act to FORBID the use of taxpayer funds for NGO's and Non-Profit Organizations that facilitate, encourage, and corroborate with those who do, in the importation of illegal immigrants. 

It is said that the words ABORTION and ABORT are not in the Constitution. This is true. As such, it is argued that because the U.S. constitution is SILENT ON THE MATTER and does not restrict the practice it is ALLOWED. However, two other words DO NOT APPEAR in the United States Constitution. These are MURDER and DEATH. With that there is one word that appears in both the Declaration of Independence and the constitution. That is the word, LIFE.

Declaration of Independence: The Right to Life, Liberty, and the Pursuit of Happiness.

Fourteenth Amendment: The Right to Life, Liberty, and Property.

DIGITAL TECHNOLOGY: In a court of law, the court view E-mail (digitally produced) data unreliable and, therefore, will not accept Emails as evidence. Why? First, Emails may be received, and altered by any person(s). Second, there is NO GUARANTEE OF DELIVERY. As such, if there is NO RELIABLE, VERIFIABLE CHAIN OF CUSTODY for ELECTRONIC BALLOTING it needs to be DISCONTINUED.

1) Paper Ballots

2) Poll Books

3) Same Day Voting

4) Voter Identification

5) Voter Roll Maintenance: Deceased individuals should be removed immediately. If a person DOES NOT VOTE IN ONE GENERAL ELECTION CYCLE, if their registration is not current, they should be placed on PROVISIONAL STATUS (One Election Cycle - Not Three Election Cycles).

6) Change of Address: Currently the County Clerks rely upon USPS Change of Address Files to verify if a person has moved. This practice is flawed for two reasons: 1) Not every person may file a Change of Address in a timely manner, and 2) the Change of Address expires in six months unless additional fees are paid, and the Change of Address Termination is extended.

RECOMMENDATION: For Property Owners who are REGISTERED VOTERS, once a DEED is received by the County Clerk and Recorder's Office for recording and returned to the Title Company or Buyers/Sellers, copies of each DEED should be used to confirm the SALE OF THE PROPERTY and that said person has a CHANGE OF ADDRESS. 

In the event the person is moving to another property in the same City, County, or State, the person's voter registration is merely UPDATED and said voter is mailed a CONFIRMATION NOTICE for return to the Elections Department and Secretary of State (SOS).