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Our view: We can’t think of a worse time for this

Is this when we should have a paid-leave tax on the ballot? Are they kidding?

Not to be deterred – because really, what is there to deter a party when it has majorities in both houses of the state Legislature, if it is neither rain nor heat nor gloom of night nor a rabid pandemic that forces its members to suspend their regularly scheduled session? – some Democratic Colorado lawmakers announced recently they would bow to the obvious by abandoning their repeated attempts to get a paid family and medical leave bill through the Legislature and focus instead on backing efforts to gather enough signatures to place a tax and possibly a new state authority to collect it on the November ballot.

Democrats running for reelection to the state House, and that’s the entire majority, may have to choose, particularly on the Front Range, whether they want to support this witches’ brew in the teeth of a recession or face the ire of progressives who believe a pandemic proves now is just the right time.

We mentioned this initiative not long ago among the many that were stalled owing to the former difficulty of signature-gathering and said we looked forward to not seeing it and its kin sent to us in October. We underestimated some Democrats’ hardheadedness.

Not all of them. One of the reasons this legislation could not pass on a party-line vote in February, before the Legislature was so rudely interrupted, was Angela Williams, a state senator from Denver and a Democrat, who said, basta. “This bill in its current form does not deliver a benefit to the vast majority who tend to work in low-wage jobs that often lack stability,” she told Denver’s 9News.

There are several versions of the bill that could head to the ballot, which require businesses to offer paid time off. The time would be paid by taxing businesses and their employees. In an earlier version that Democrats tried to advance in the last session, the benefit would have covered all state workers, including an expanded benefit for public-sector workers, but only private sector employers could be taxed. In effect, they and their employees would have subsidized an increase in public-sector benefits. That met stiff opposition from Colorado business interests alert to the fairness of such cost-shifting.

Democrats were working on a compromise bill this session, which would not have created a new taxing authority, before the pandemic hit and before two Democratic sponsors, including Williams, got gun-shy. In light of the pandemic and a brewing recession, state business interests also balked at imposing a new tax.

“All of our stakeholders walked away from this process and this is something that needs to happen now more than ever,” said Rep. Yadira Caraveo, a Democrat from Thornton.

The two halves of that statement are hard to reconcile.

The Denver Metro Chamber of Commerce has asked the state Supreme Court to review the proposed ballot questions. Paid leave proponents say it would be paid by a fee, not a tax, and therefore putting it on the ballot will not violate the state’s Taxpayer’s Bill of Rights.

The Chamber says that’s misleading, and it is right.

A ruling is expected in late May or early June. If proponents get a green light, they will have to gather more than 100,000 signatures, which they had planned to do while maintaining a six-foot distance and offering individually sealed pens before Gov. Jared Polis relaxed signature-gathering rules Friday. Probably you wouldn’t even have been able to keep the pen if you signed, though, because there are no free lunches, there is still no toilet paper and it is one heck of a time to push this – but sometimes, talking to extremists about moderation is like chatting about astronomy with a chimpanzee; the chimp nods and grins and sticks its thumb in your eye.



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