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Senate approves ballot referral to let Colorado retain TABOR refunds for K–12 funding despite fierce opposition
Summary
Senate Bill 135, a referral to the November ballot to raise the TABOR spending limit by the state's K–12 spending (creating a 2% positive factor for 10 years), passed the Senate after a sustained, partisan floor debate over whether the change amounts to a tax increase and whether the retained revenue would be spent as promised.
The Colorado Senate voted to approve Senate Bill 135, sending a referendum to the November ballot that would allow the state to retain revenue that otherwise would be returned as TABOR refunds and dedicate increases to K–12 public education (a 2% positive factor for up to 10 years). The floor debate lasted for multiple hours and featured substantive fiscal, constitutional and policy arguments from both sides.
Opponents argued the measure effectively eliminates refunds that taxpayers now receive under TABOR and represents a large de‑facto tax increase. Senator Kirk‑Meyer said the bill is "not a serious way to increase teacher pay" and warned that it gives the legislature a permanent blank check: "This Senate bill blows a hole through that protection." Senator Carson argued the measure could become "the largest tax increase in Colorado history" and questioned whether most of the money would actually reach teachers.
Proponents framed SB135 as a voter‑directed choice to invest a portion of the state’s surplus into schools. Senator Marchman, speaking in support, said the bill does not raise tax rates and allows voters to decide whether retained refunds should be invested in classrooms: "The only question before us today is whether we send it back out the door or whether we ask the voters to invest it in their kids' classrooms." Senator Cutter and others emphasized an adequacy gap in K–12 funding and argued the referendum offers a lawful, transparent mechanism to close that gap.
After a brief withdrawal and reoffering of the passage motion, the Senate passed SB135 on third reading by recorded vote (23‑12). Supporters said the referral returns the decision to voters and would stabilize K–12 funding; opponents called for stronger, more targeted accountability language and warned of long‑term fiscal consequences and erosion of TABOR protections.
