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FL advocates worry about the EPA delaying an important decision on emissions; WV is a leading state in criminal justice reform thanks to national backing; CA groups are celebrating a judge rejecting a federal moratorium on offshore wind; U of MI child care workers are fighting for a livable wage; gray whales might not be bouncing back as fast as previously thought; and NY advocates are celebrating a federal ruling saying the Trump Administration's wind energy ban was illegal.

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The Senate fails to extend ACA subsidies all but ensuring higher premiums in January, Indiana lawmakers vote not to change their congressional map, and West Virginia clergy call for a moratorium on immigration detentions during the holidays.

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Farmers face skyrocketing healthcare costs if Congress fails to act this month, residents of communities without mental health resources are getting trained themselves and a flood-devasted Texas theater group vows, 'the show must go on.'

You're a Mean One, Mr. Grinch: TABOR May Take Money from Colorado Schools

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Tuesday, December 16, 2014   

DENVER - At least $30 million has been generated so far by Colorado's special tax on the sale of marijuana, but some "fine print" in the Taxpayer Bill of Rights (TABOR) law may force the state to refund the money marijuana sales have generated, instead of it going to schools.

According to Proposition AA, passed in 2013, the first $40 million generated by taxes on recreational marijuana would be allocated to build and fix rural schools.

Economist Chris Stiffler with the Colorado Fiscal Institute says the story reads much like a popular holiday cartoon.

"Twice now, voters have said they want to tax marijuana and give it to schools," says Stiffler. "Now, because of this weird quirk in TABOR, we're going to have to actually return all the money generated from the marijuana taxes. This is like the Grinch sneaking into town on Christmas Eve and instead of stealing your presents, stealing the roof off the schools."

The refunds will be issued because the state's estimate of the total tax revenue it would have at this point was off by less than one percent. That includes all tax revenue, not just the tax on marijuana. Under TABOR, that discrepancy triggers tax refunds. As for how the refund will be handled - one proposal would temporarily lower taxes on recreational marijuana.

Stiffler says the current issue with TABOR is an example of why the amendment creates impractical situations for the state as it enacts policies.

"On paper, TABOR looks really good when you talk about voters' ability to vote on their own taxes," says Stiffler. "But when you really think about TABOR, you run into a lot of these unintended consequences. This marijuana rebate, the fact that we have to maybe vote three times to tax marijuana and give it to schools, is one of those consequences."

Stiffler says it's likely Colorado voters will have to approve the tax on recreational marijuana an additional time. Last year, 65 percent of voters approved Proposition AA.


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