The Bully Pulpit

TABOR Refunds at Risk Under SB 135

Colorado taxpayer reviewing household bills and refund paperwork at a kitchen table
Written by Scott James

A proposed ballot measure tied to SB 135 could let the state keep more TABOR surplus, with a nonpartisan analysis saying most of the money would not go to K-12.

The Denver Gazette’s Marianne Goodland reports on Senate Bill 135, a Democrat-backed proposed ballot measure that would let the state raise its TABOR limit in the name of increasing K-12 education spending. TABOR is Colorado’s Taxpayer’s Bill of Rights, the constitutional protection that requires voter approval for tax hikes and sends surplus revenue back to taxpayers.

Here’s the part that ought to make every Colorado taxpayer sit up straight: according to the nonpartisan analysis cited in the article, roughly 75% of the money that would otherwise be refunded to Coloradans would not actually go to K-12 schools. It would go into the state’s general fund, where lawmakers could spend it on whatever they choose. The analysis estimates taxpayers could lose $7,381 each in TABOR refunds over a 10-year period.

The Bullet Point Brief

  • Democrats are selling SB 135 as “for education,” because apparently “let us keep your refund and trust us later” does not poll quite as well at the grocery store.
  • The nonpartisan analysis says only about 24% of the money would go to K-12 education over 10 years, while more than $28.5 billion could flow into the general fund. That is not a school funding plan. That is a piggy bank with a backpack.
  • Every taxpayer could lose an estimated $7,381 in TABOR refunds between the 2026-27 and 2036-37 fiscal years. That is real money. Mortgage money. Grocery money. Car repair money. Not theoretical “state revenue” floating around in a marble building.
  • Sen. Jeff Bridges argues the state faces major budget trouble without this measure and says K-12 could take a hit. Fine. Then say that honestly. Do not put “teacher pay” on the wrapping paper and hide the general fund grab inside the box.
  • Sen. Barbara Kirkmeyer also warned that once lawmakers create space under a higher cap, they could raise fees by billions. Fees are what government calls taxes when it wants you to stop paying attention.

My Bottom Line

This is exactly the kind of thing that should infuriate Colorado’s Great Suburban Normie. Not because they are bad people. They are not. They are working, raising kids, sitting in traffic, scrolling reels, paying $6 for eggs, and trying to keep the wheels from flying off the wagon. But while they are distracted, the Denver-Boulder ruling class keeps learning the same lesson: dress up a money grab as “for the children,” and enough voters will nod along.

Your TABOR refund is not a gift from the state. It is not a coupon. It is not a little thank-you note from the Capitol. It is your money, constitutionally required to be returned when government collects too much. That is the whole point. TABOR exists because government has a natural habit of eating every dollar in the feed bucket and then staring at you like the cow is underfed.

And here comes the pitch. “We need this for schools.” Then the analysis says most of the money does not go to K-12. It goes into the general fund, where lawmakers can use it for other priorities. That is the oldest trick in the government playbook: point at children, sweep the cash into a broader pot, then act wounded when taxpayers ask where the money went.

If Colorado has a real budget problem, then legislators should bring an honest budget solution. Put it in plain English. Show the cuts. Show the tradeoffs. Show the numbers. But do not tell families this is all about teacher pay while building a chute that sends most of the money somewhere else.

Here’s what matters for Colorado families: affordability is not improved by taking thousands of dollars in refunds from the people who earned them. Trust is not built by ballot language that sounds like a school fundraiser while the fine print reads like a general fund rescue mission. And accountability is not “vote yes now, we’ll explain later.” We’ll measure this in months and dollars, not slogans.


Source: The Denver Gazette

About the author

Scott James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.

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