Bids to alter TABOR stall in Senate

0 Comments | Gazette, The (Colorado Springs), Apr 29, 2004 | by KYLE HENLEY THE GAZETTE

DENVER - State senators are playing a game of political chess as constitutional amendments and taxpayer dollars hang in the balance.

And with the regular General Assembly session ending next Wednesday, time is running out.

A slew of bills proposing to change the state constitution to fix serious budget problems are stalled in the Senate.

The bills seek to untangle the state from two conflicting amendments. The Taxpayer's Bill of Rights, passed by voters in 1992, limits spending. But Amendment 23, approved in 2000, requires the state to increase education spending each year.

Even though Republicans control the House and Senate, as well as the governor's office, they need Democrats' cooperation because any constitutional amendment requires a twothirds majority vote.

Three proposals are ready for votes of the full Senate, but Democrats are in effect postponing those votes. Three others were still in committee and bottled up by Republicans, who killed one of the proposals Wednesday night.

"I'd like to see floor votes taken sooner rather than later," said Senate President John Andrews, R-Centennial. "It seems as though each side of the aisle is sort of waiting for the other to move right now."

Democrats refuse to vote on the bills -- Senate Concurrent Resolutions 9, 10 and 13 -- that have made it out of committee until they see how other pro- posed constitutional changes do in committees.

On Wednesday, the Senate State Affairs Committee voted 4-3 to kill one proposed fix -- House Concurrent Resolution 1010 -- and postponed a vote on House Concurrent Resolution 1001, a move that amounted to staying the execution of a bill that was headed for defeat.

HCR1010 had gained a measure of bipartisan support. It was created by the Joint Budget Committee and would have changed the way TABOR spending limits are calculated, allowing the spending limit to grow with the economy. The state would be able to keep $1.85 billion over the next five years.

The measure also would have eased Amendment 23 mandates, redirecting about $480 million that otherwise would have gone to schools from 2004 to 2009.

Additionally, HCR1010 would have created a reserve account -- equal to 10 percent of spending each year -- to help government weather future economic storms.

Critics said the measure was too tough on TABOR.

"I can't support any of these proposals that erode TABOR," said Sen. Doug Lamborn, R-Colorado Springs.

Backers say the bill's defeat was a major blow.

"I think it is not inaccurate to say there is a lot of support" for the bill among Democrats, said Sen. Moe Keller, D-Wheat Ridge.

HCR1001 by Senate Majority Leader Norma Anderson, R-Lakewood, would change the way the TABOR cap is calculated so that the state could keep $1.85 billion from 2004 to 2009. Her measure also would defer required Amendment 23 increases during times of economic downturn.

Committee members postponed a vote so that amendments could be put forward that might give the measure the votes to pass.

Another measure, House Concurrent Resolution 1009, is scheduled for a vote in the Senate Finance Committee today.

HCR1009 would let the state keep $350 million in new revenue next year so it could be spent on other government functions. It would be a one-time cash infusion, but the measure also includes changes to TABOR that would ease the impact of the caps during economic downturns.

It also would scale back Amendment 23 for two years, allowing the state to keep $460 million that otherwise would have gone to Colorado classrooms. HCR1009 also would curtail Amendment 23 during difficult economic times.

It's not clear which bills will move forward today, and it's impossible to predict whether any of them has the votes to pass the Senate. Anderson conceded that she had counted only three or four Republicans who support any of the measures.

"I would say by tomorrow afternoon or Friday morning, we will have a better picture of everything that might have a chance to get to the Senate floor," Andrews said Wednesday.

If the Senate fails to act, some say, the consequences could be devastating.

"If we don't make any changes, the structural deficit next year will be $250 million," said Sen. Peggy Reeves, D-Fort Collins. "There are some fiscal realities that affect the citizens of Colorado. We can't go to tell them we are going to let people out of prison. We can't go and say we are going to educate this child and not that child."

But, Reeves said, if lawmakers don't act, they may have no choice.

CONTACT THE WRITER: 1-303-837-0613 or khenley@gazette.com

ON THE TABLE

All of the proposals under consideration in the Senate would ask voters to change the Taxpayer's Bill of Rights and Amendment 23.

TABOR, passed in 1992, caps the amount of revenue the state can keep and spend each year.

Amendment 23 was approved in 2000, requiring the state to increase education spending at a rate equal to inflation plus 1 percent.

Together, the two constitutional provisions create major fiscal problems, forcing lawmakers to simultaneously keep less and spend more. Some forecasts show the state could be forced in future years to make huge budget cuts and refund hundreds of millions of dollars to taxpayers at the same time.