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Amendment 59: does it shore up education or undermine TABOR?

By Berny Morson, Rocky Mountain News (Contact)

Published September 7, 2008 at 1:01 p.m.

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It seemed like a good idea at the time.

Amendment 23, approved by voters in 2000, required funding increases to raise the state’s support for public schools to the national average.

But when Colorado’s economy soured in the early part of this decade, legslators found themselves slashing other programs — such as health care and higher education — to keep the promise to public schools.

Amendment 59 on the Nov. 4 ballot would resolve that problem in the future by creating a savings account for schools to be filled when economic times are good and spent when times are bad.

During those lean years, the legislature balanced the budget with “a lot of baling wire and duct tape,” said House Speaker Andrew Romanoff. “This (Amendment 59) is a much more responsible way to balance the budget.”

Romanoff and state Treasurer Cary Kennedy are at the head of a broad, bi-partisan coalition that backs Amendment 59, called Colorado Savings Account for Education, or Colorado SAFE.

They are meeting opposition from conservatives who say Amendment 59 guts the Taxpayer’s Bill of Rights, passed by voters in 1992.

TABOR capped the growth of government spending. It required state and local agencies to refund money to taxpayers when revenue exceeded the cap.

Amendment 59 would fill the school savings account with money that would otherwise be refunded.

“It repeals the state spending limit forever,” said Rep. Douglas Bruce, R-Colorado Springs, who drafted TABOR. His website opposing Amendment 59, not yet up on Friday, will be called is www.NoStateTaxHike.com.

FUND FOR LEAN TIMES

“They want people to vote themselves into slavery,” Bruce said, referring to Romanoff and Kennedy.

Romanoff called that comment “incendiary” and “so outside the boundaries of reality.” Amendment 59 retains the main provision of TABOR, the right of citizens to vote on proposed tax increases, Romanoff said.

Colorado already has an education fund. It was established under Amendment 23 and is funded by the state income tax. The legslature may spend the money only to support schools or for closely related purposes, such as school buses.

The fund contains about $350 million, or approximately 10 percent of the amount Colorado spends on public schools, according to the treasurer’s website. Most school funding comes from the general fund, the part of the state budget that funds the day-to-day expenditures of the government.

Under Amendment 59, the money that would otherwise be refunded to taxpayers would now go to the education fund. And 10 percent of revenue to the education fund would go to the new savings account, which could also be used only for schools, presumably in tough times.

The savings account will be fully funded when it holds an amount equal to 8 percent of the state budget. After that, all money will remain in the regular education fund to be used for schools.

Exactly how much money is involved is by no means clear. The legislative staff’s five-year financial projection shows no excess revenue that would otherwise be refunded to taxpayers, Romanoff said.

But opponents say the amount could be substantial if the economy hits good times.

State refunds totaled several billion dollars in the late 1990s, before the economy hit the skids, Bruce noted. For schools to spend that kind of money defeats the purpose of TABOR, which was to limit the size of government, he said.

But Romanoff said the legislature or the taxpayers could reduce tax rates if the education fund grows enormous surpluses. He cautions educators and parents not to expect Amendment 59 to bring massive school improvements.

“It’s not going to be able to double teacher salaries,” he said.

BRUCE NOT GIVING UP

Passage of Amendment 59 will demonstrate whether Colorado voters have moved away from the anti-government views that prevailed in 1992, when TABOR was approved, said Colorado State University political science professor John Straayer, who studies state government.

Straayer said he’s not making any predictions about Amendment 59. But voters seem to have moved closer to the center, as evidenced by support for schools and transportation projects, he said.

Voters also seem interested in fixing the “mess” created by conflicting provisions of TABOR and Amendment 23, he said.

If money talks, it’s expressing Straayer’s view. So far, Amendment 59 proponents have raised more than $789,000, although some has already been spent to get the measure on the ballot.

“As the economic times in this state and across the nation go up and down, we need to have a stable funding source,” said Colorado Education Association President Beverly Ingle. The CEA has contributed more than $85,000 to the group backing the amendment.

Former Rep. Penn Pfiffner, R-Lakewood, who will head an opposition group, says he won’t be able to match that kind of funding.

“There is nobody supporting us now who will cut a check big enough for us to say we know we will do television,” said Pfiffner, who’s group will be called Strike a Better Balance.

Bruce said he’s not giving up. He noted that opponents outspent him three-to-one in 1992 when TABOR passed.

Comments

  • September 7, 2008

    2:49 p.m.

    Suggest removal

    solar_satellite writes:

    We really need to repeal TABOR, which is emphatically NOT a "taxpayer bill of rights". Taxpayer's rights are guaranteed by the United States Constitution and Colorado's Constitution, which provide for the democratic election of our representatives. If we disagree with the decision of our representatives to raise taxes, it is OUR responsibility to elect new ones who will lower them.

    What TABOR has done is to pervert the whole structure of government by forcing our representatives to become fundraisers instead of deliberators. We are unable to provide for the needs of our growing population, and are trying to fund any number of vital enterprises by means of the lottery (no government should encourage gambling) or so-called "user fees"; the result has been a completely irrational and inappropriate patchwork of desperate statutory attempts to keep education, supervision of natural resources and every other proper function of government afloat. TABOR is a dastardly fraud perpetrated on the people of Colorado. It strikes at the viability of Colorado's ability to govern itself, and it is a testament to the gullibility and ignorance of the electorate. If you are ready to assume the reponsibilities of a citizen, stand up against TABOR. We can rescind it in the next election, and for the sake of the future of our state, we should.

  • September 7, 2008

    3:03 p.m.

    Suggest removal

    Brian1973 writes:

    TABOR has also helped usnot end up like other states where the governments just spent and spent...... (Cali, NY, et al) and suddenly when the bad times hit had to cut millions. Tabor at least keeps it fairly flat.

  • September 7, 2008

    3:17 p.m.

    Suggest removal

    solar_satellite writes:

    TABOR cannot substitute for citizens taking reponsibility for their own government. Brian, your comment just emphasizes that too many people don't know even know who their representatives are, or what their government is doing. "Tax and Spend" is exactly what our government is supposed to do; it is OUR RESPONSIBILITY AS CITIZENS to elect representatives whose decisions regarding taxing and spending are ones with which we agree.

  • September 7, 2008

    3:23 p.m.

    Suggest removal

    Buckwheat writes:

    Just another underhanded tactic to get their hands on your tax money so they can pz it away on whatever. Education? yea right, like that would actually happen. Oh, you mean like how the lottery money was suppose to be spent? If I thought for just one millisecond that that would happen.... Once you give them access to that money they'll do what they want with it and tell you to go pound sand. No, afraid not, I don't trust them..

  • September 7, 2008

    6:33 p.m.

    Suggest removal

    BroncoDan writes:

    TABOR should be undermined...what a sad state of education in Colorado!!!

  • September 7, 2008

    6:56 p.m.

    Suggest removal

    BillTheCat writes:

    Colorado used to have an emergency account for use for any kind of emergency. I believe it was Governor Stephen McNichols that decided it was bad policy having money sitting around unused and abolished that program. In the process, he found numerous projects that needed the funds and spent all of that money in less than a year.

    It has taken almost 50 years to wake up and repeat what used to be in Colorado's best interest. What took so long?

    Don't do this only for schools. Do this for highways, government buildings, parks and recreation, --- everything. The General Fund should have this as a manditory policy with an interest bearing trust account like intelligent businesses do.

  • September 7, 2008

    9:16 p.m.

    Suggest removal

    windskull writes:

    chug-a-lug that purple cult-ade TABOR up until they scammed us with ref c made politicians at least maintain some semblance of fiscal prowess and they had to come hat in hand to ask the people living in their districts if we supported funding a project through raising the property taxes on our $100k home $65/yr BIG SHOCK presented projects got done RIGHT the first time and left over revenue from this equally shared sense of actually being in touch with your representative went toward other local necessities as needed! Amendment 23 pilfered the tobacco fund but even before that (dino) AG Salazar manipulated the settlement payout so victims would never see a penny for their health care needs although it was their award from the lawsuit and Romanoff is hoping you ignore the fact that unbinding their hands through deregulation gave free reign to the lecherous mismanagement antics that is now going to cost the public TRILLIONS to bail out Freddie Mac & Fannie Mae STOP FEEDING IRRESPONSIBILITY IN POLITICS DEMAND TABOR TO HOLD THESE PEOPLE TO THE SAME DEGREE OF FISCALLY RESPONSIBLE ACCOUNTABILITY AS YOU AND I! BTW I am 10 years permanently disabled now existing at 300% BELOW POVERTY LEVEL on fixed income so YES I have vastly superior experience over anyone in the electorate when it comes to fiscal prowess! Sincerely,Russell Voice disabled resident Joes,CO

  • September 7, 2008

    11:45 p.m.

    Suggest removal

    warrengfunk7 writes:

    While TABOR has good intentions and often has good results, during times of economic recession, the TABOR law really hurts the Denver economy further.

  • September 7, 2008

    11:49 p.m.

    Suggest removal

    warrengfunk7 writes:

    property taxes and TABOR law should both be abolished together. That should balance out nicely.

  • September 8, 2008

    12:29 a.m.

    Suggest removal

    LetsTalk writes:

    The only reason TABOR refunds are tied to education in this amendment is not because it is a good idea, but it is the only way to link the two in one amendment (single subject rule). I don't think this "untangles" conflicting Constitutional amendments, but rather, adds to the conflict. I would support not refunding TABOR excesses only if the money went to a true rainy day fund. The backers of this amendment think they will get Republican support by eliminating Amendment 23. But the extra 1% for Amendment 23 will expire in two years anyhow, while our refunds will be given to legislators to use virtually carte blanche forever. The "savings account for education is a bit of a misnomer. By dedicating this money to education, it frees up other money in the general fund that can be used for any purpose. Please don't be fooled by this, and vote no.

  • September 8, 2008

    2:44 a.m.

    Suggest removal

    windskull writes:

    Let`s talk facts
    Colorado Allocated $23,756,209 Medicaid Funding Fiscal 2007-2008
    ($2,641,076 increase from 2006)
    Total number of medicaid clients 405,126.25
    That is $58,639 per client HOWEVER see Table 1. FY 2006-07 enrollment and actual per capita costs by Medicaid eligibility category

    From the link below I added Bell`s total in table 1 then subtracted this from the total number that Colorado allocated $58,639 per client in federal funds
    Total number of medicaid clients 405,126.25
    Total of table 1 below is ONLY 353,350!?!

    That is 51,776.25 more "clients" than exist let alone comparing what is annually being collected in my fellow disabled residents names to what is actually being spent per client far surpassing greed!

    THERE IS YOUR RAINY DAY FUND AND THEN SOME!
    http://www.thebell.org/PUBS/annual/20...

    PERHAPS NOW YOU BEGIN TO SEE WHY OUR ILLUSTRIOUS misREPRESENTATIVES REMAIN MUM OVER ILLEGALS!?!

  • September 8, 2008

    2:57 a.m.

    Suggest removal

    windskull writes:

    My closing question in the last post is purposely so YOU do the math and see for yourselves how all of us are being routinely used and abused!

  • September 8, 2008

    7:16 a.m.

    Suggest removal

    Brian1973 writes:

    You are correct solar, there are a lot of people who do not bother to know/learn what their representatives are doing. Or even who they are.

    However, I am not one of those. I support TABOR (or at least the pricipal of it), and had 0 issue votine yes on the referrendums last election to allow more for shools, roads, and other issues.

    I did vote against the education ref, beacuse this issue is what I and a few others were worried would happen with perpetual mandated funding increases vs the spending restrictions of TABOR.

    I will vote against 59 because I don't trust the Colorado legistlator to keep their hands out of the cookie jar.

  • September 8, 2008

    10:52 a.m.

    Suggest removal

    solar_satellite writes:

    windskull: You can't write and you can't think. The wind is whistling through your empty skull.

  • September 8, 2008

    12:28 p.m.

    Suggest removal

    p_myers661 writes:

    solar

    I see you subscribe to the theory that we peasants don't deserve the right to keep more of the money we earn. My goodness, we are too ignorant to fund wacky horses at DIA, schools that don't teach students to read or compute or other pet projects we are all too ignorant to really understand.

    Well, this peasant is not going to give the public schools a windfall. I'm not the only one who remembers Ref C. Those lies are still ringing in my ears. The people were fooled once. Not again.

    The schools don't need money they need to be totally revamped. They whine and moan about CSAP and complain about teaching to the test. Yeah, the test is measuring how well the kids read, if they can use math for simple tasks and if they understand what they read. Why on earth would anyone want the schools to teach that?

    I'll support this kind of fund for vouchers as would a majority of voters. As for gutting TABOR...NO!

    I do thank you. I was deciding where to volunteer my experience in campaigning and ballot initiatives. You just gave me the answer.

  • September 8, 2008

    9:28 p.m.

    Suggest removal

    solar_satellite writes:

    p_myers661: What lies about Referendum C? Your post wanders aimlessly around. All that is clear is that you are an anti-tax partisan. Since you addressed me and my post, why didn't you respond to my contention about the responsibilities of citizens and the adequacy of the provisions made by the Founders to prevent the imposition of unreasonable taxes? I do despair for the future of democracy, but there is nothing elitist about my post. If our government by the people is to work, it demands the active participation of citizens, not the imposition of an arbitrary impediment to the role intended by the Founders for our legislature. All you have to do if you're against all further taxation is to vote in the likes of Doug Bruce (who was just defeated in the Republican primary). How is it that people who claim to be conservative (not that you did) act to destroy the Constitutional role intended for our representatives by the Founders, i.e. taxing and spending? You can't be a conservative and an anarchist simultaneously.

  • September 8, 2008

    9:32 p.m.

    Suggest removal

    solar_satellite writes:

    P.S. That is a godawful ugly plastic monument to our NFL franchise out at DIA. I don't think it has anything to do with TABOR though.

  • September 8, 2008

    9:53 p.m.

    Suggest removal

    windskull writes:

    solar_satellite
    I was unsure until now, you are that jackass who did not only smile you laughed out loud while holding animals Wayne Allard needlessly euthanized before being unofficially drummed from the veterinary field neither of you will be missed by the citizens of character after November Bon Voyage!

  • September 8, 2008

    10:02 p.m.

    Suggest removal

    windskull writes:

    ps I keep a finger in one ear, so sorry to again trump your ace solar_satellite but your orbit has decayed & you are but another hunk of space junk a dead-bird cluttering the Clarke Arc

  • September 9, 2008

    12:25 a.m.

    Suggest removal

    windskull writes:

    ps I keep a finger in one ear, so sorry to again trump your ace solar_satellite but your orbit has decayed & you are but another hunk of space junk a dead-bird cluttering the Clarke Arc

  • September 9, 2008

    12:45 a.m.

    Suggest removal

    windskull writes:

    solar_satellite that Allard dig was out of bounds and for that I apologize, maybe you are not aware that Tehran Iran and Denver Colorado are on virtually the same parallel.

    Certainly you know the planet rotates once every 24 hours and a nuclear weapon is detonated high up in the atmosphere thus the term "fallout"and after St Helen`s ash, dust storms from China and smoke from California`s wildfires reached Central USA the fact is we are in the direct path of fallout from any Middle-Eastern detonation and that alone disqualifies shoot from the replacement hip live with the consequences McCain because frankly my friend WE CAN`T!

  • September 13, 2008

    8:37 p.m.

    Suggest removal

    daRock writes:

    But Romanoff said the legislature or the taxpayers could reduce tax rates if the education fund grows enormous surpluses.
    ~~~~~~~~~
    Are you kidding me!?!? Name me once that Romanoff voted to reduced tax rates. The voters DID reduce tax rates by implementing TABOR. Look what Romer and the Dems in the state legislature have done to it.

    This is just another big money grab and I am voting no.