House advances ballot measure to let state retain K‑12 funding; floor fights over scope and limits

The Colorado House on May 8 approved a legislatively referred measure that would allow the state to retain and spend revenue up to an amount equal to state K‑12 public education funding and direct a defined share to K‑12 investments for 10 years, sending the proposal to the November ballot.

Supporters, including assistant majority leader AML Bacon, framed the plan as a way to boost teacher pay, reduce class sizes and expand supports without raising the standard state income tax rate. “This bill gives Colorado voters the opportunity to move Colorado closer to the quality of public education our students deserve,” Bacon said on the floor during debate, urging an I vote and noting the question will be decided by the electorate.

Opponents raised procedural and policy concerns, arguing the proposal would substantially increase the TABOR limit and leave billions of dollars at the legislature’s discretion. Representative De Graaf called the measure a “blank check for an empty promise,” arguing the ballot language as introduced did not make explicit how much revenue could be retained. Several members pressed for clearer language and numeric context so voters could weigh the tradeoffs at their kitchen tables.

Floor amendments tested different safeguards: substitute amendments sought fixed caps (authors proposed $1.0 billion or $500 million options), a 10‑year sunset on the retention authority, and language that would require 100% of retained revenue be dedicated to K‑12. After amendments and votes, the House approved the bill as amended and ordered it on the calendar for third‑reading final passage in amended form.

Fiscal figures were central to argument. Members cited fiscal‑note ranges and projections during debate: sponsors and supporters pointed to fiscal‑note scenarios showing annual K‑12 spending increases (the bill’s positive‑factor mechanism was described as roughly $107.4 million in year one under one reading), while critics pointed to a larger potential retained amount referenced on the floor—about $4.6 billion in a higher‑revenue scenario—and warned voters should be told the magnitude up front.

What happens next: because the measure is a legislatively referred ballot question, it will go before Colorado voters if enacted; if voters approve it this fall, the statutory changes would take effect as described in the bill and the state would begin the process of retaining and appropriating the newly available revenue under the priorities set in statute and as refined by the legislature and implementing agencies.

Why it matters: supporters say the change is a rare way to increase stable K‑12 funding without raising tax rates, while opponents say the proposal significantly changes TABOR’s limits and needs clearer, explicit ballot language and numeric disclosure so voters can decide knowingly.