DENVER—A proposal to extend a funding increase for Colorado public schools could doom efforts by House Speaker Andrew Romanoff to reconcile conflicting spending requirements in the Colorado Constitution, Republican lawmakers said Monday.
A referred measure introduced Monday by the Denver Democrat attempts to resolve conflicting fiscal provisions in the Colorado Constitution by asking voters in November to loosen the fiscal reins on the state’s limits on taxes and spending in the constitution in return for removing another constitutional amendment that requires increased funding for public schools.
Romanoff’s plan would create a savings account for public schools, require a two-thirds vote of both houses to access the account and repeal automatic spending increases in Amendment 23, which provides increased funding for public schools.
It also tackles another major issue, eliminating tax surplus refunds under the Taxpayer’s Bill of Rights, or TABOR, while still allowing people to vote on tax increases.
House Minority Leader Mike May, R-Parker, said Democrats are playing a “shell game,” offering to remove Amendment 23 while at the same time sticking it back in state statutes, where Republicans don’t have the votes to remove it. Republicans would have to win control of the House, the Senate and the governor’s office to change it, which isn’t likely anytime soon.
May said the amendment to the school finance act actually extends Amendment 23, which is set to expire in three years.
“This is Amendment 23 Plus,” he said.
Rep. Cory Gardner, R-Yuma, said amending the school finance act shows how easy it would be for Democrats to break any deal to resolve conflicting amendments.
“This blows a galactic hole in the side of a good faith effort,” said Gardner.
Rep. Debbie Benefield, D-Arvada, said Romanoff was unaware of her plan to reinstate Amendment 23 in two years when it is set to expire. She said voters overwhelmingly approved Amendment 23 years after they approved the Taxpayer’s Bill of Rights, showing funding for public schools was a bigger priority.
Romanoff said the amendment to the school finance act should not derail negotiations for fixing the constitution.
“There are others who understand the policy, but are afraid of the politics,” Romanoff said.
Previous attempts to fix the conflicting fiscal constraints fell apart because Democrats wanted to protect school funding and Republicans wanted limits on the state’s ability to tax and spend. When the state economy tanked in 2002, lawmakers were forced to ask voters for a five-year time out on tax-surplus refunds, but that also expires in 2011.
Romanoff said something needs to be done soon and he believes his plan will work.
“If we don’t do anything, we will be back in the same mess in five years,” Romanoff said.
