The buzz around the state Capitol over the last few days revolves around what would happen when the main state spending measure, which allocates $38.5 billion to pay for government operations next year, comes up for debate and final passage in the House this week.

Pitfalls lurk everywhere, and the business in the chamber – typically the more raucous of the two legislative bodies – could easily devolve into an avalanche of consternation and chaos, with marathon sessions lasting days with no clear end in sight. 

Both sides of the aisle have a lot of stake in the budget outcome, as well as a lot to lose. 

Already, lawmakers have begun to lay the groundwork to ease what could be a painfully long week.    

On Monday, the House took an unusual step of doing preliminary votes on most of the 30-plus “orbital bills” that accompany the Long Appropriations Bill, Senate Bill 214, a move viewed as a way to getting those measures out of the way in preparation for possible Republican opposition, which likely includes maneuvers to slow down the majority, on Tuesday.

It’s unusual because the process over the last couple of years has been to work on the budget bills and the orbitals on Monday in House Appropriations, tackle them in caucus on the second day over amendments, with second reading on Wednesday and a final vote on Thursday.

Twenty-two of the least controversial orbitals, which are intended to help balance the state budget, won preliminary approval on Monday. Second reading for SB 214 is expected on Tuesday.

GOP: Frustration leads to filibuster 

Over the past ten days, House Republicans have used every tactic at their disposal to delay action on Democratic priority bills. That’s included asking for bills to be read at length, which slows down the process, but not by much, since most of the bills weren’t that long to begin with.

But asking for the budget bill to be read at length could seriously delay House action on anything, as the bill is 622 pages and estimates on how long it would take to read, even by a computer program, start at 14 hours.

And the bill can be read at length both on second reading and prior to its final vote. 

The angst over days of reading bills at length this week stem from what’s been happening in the House over the last two weeks.

House lawmakers worked throughout the entire weekend of March 25-26 on a trio of gun bills, which eventually won support from majority Democrats, with two now headed to the governor. But it took four days of debate to finish that work, which occurred on Monday, March 27. The debate over those bills took more than 30 hours to complete.

Democrats invoked a little-used parliamentary tactic called Rule 14 for the three gun bills, which upon a majority vote can limit debate to as little as one hour.

In a March 25 statement, House Speaker Julie McCluskie, D-Dillon, and House Majority Leader Monica Duran, D-Wheat Ridge, said, “Coloradans are demanding action, not delay tactics. An overwhelming majority of Colorado voters elected us to govern responsibly because we made clear commitments to prevent gun violence, make housing more affordable, protect access to abortion and reproductive care, invest in our students, and mitigate the devastating impacts of climate change – and we must deliver,” they said.

In a March 25 statement, House Minority Leader Mike Lynch, R-Wellington, called the decision a “historic and appalling move by the majority to silence the voice of the minority.” The legislature, Lynch added, is the place for honest and lengthy debate, “and this drastic step removes that ability for the minority to represent their constituents effectively.”

The House next moved on to a trio of bills tied to abortion. All three passed on Saturday but only after Democrats once again invoked Rule 14 for the debate on each of them.

Democrats have a big carrot – or stick – to offer in case Republicans want to delay action on the budget into the end of the week: Friday is Good Friday, a day lawmakers usually take off, and a major day of church worship for many. Here’s the calculus: Delay the budget bill into Friday and miss out on Good Friday; more delays and the House could be in session on Easter Sunday.

Lynch told Colorado Politics on Monday that reading the budget bill at length would not be good governance, but, on the other hand, frustration over 13 days of being denied their right to be heard and the opportunity to have any influence on bills is growing within his caucus, including among those who have more collaborative relationships with Democrats.

Lynch hopes to make a pitch to his caucus, including those on the caucus’ far more conservative wing, who are mostly likely to call for the reading at length, before tomorrow’s business.

“We have a lot of caucus members who don’t want to put their legislation in jeopardy and leave here empty-handed,” he said.

That’s part of the risk, he acknowledged.

The majority of GOP caucus is not in favor of having the bill read at length, but at the same time, that sentiment is changing, as is his own, a result of Democrats refusing to listen, he said.

The rhetoric has been “everyone must be heard,” Lynch said, but, he added, “I don’t want to just be heard. I could talk to a bunch of trees and get the same results,” as they’re getting from Democrats right now.

“We go down to be heard to have impact on legislation and they’re not allowing that to happen,” he said. 

House Republicans left on Saturday with a heightened level of frustration, Lynch said, even for members who work with the Democrats.

“We’ve spent six days on six pieces of legislation,” he said, calling the measures “ideological.” 

Before this past weekend, Lynch said he had a strong set of lawmakers in his caucus adamantly opposed to reading the budget bill at length.

“After getting our butts kicked for 13 days straight, that sentiment has changed,” he said.

Easter Sunday: Work day? 

Duran, meanwhile, said reading the budget bill at length is not part of the work lawmakers were sent to the Capitol to do.

“There’s many of us who are frustrated,” she said. ‘We’re here to do a job and get the work done our constituents sent us here to do.”

She added: “We’re here to have great healthy debates, bring amendments. Let’s discuss and debate them and vote on them.”

Democrats are frustrated with the filibustering and obstructionism over the last two weeks, she said, but they’re hoping to go into Tuesday’s work with an open mind and optimistic for a healthy, constructive debate. 

But Democrats are also committed to being at the Capitol and getting the work done, no matter how long that takes, and if it means working the holiday weekend, so be it, she said. 

Easter and Good Friday are special to many members, including Duran, she said.

“But we realize we have a limited amount of time, we have to get the work done,” she said, adding said she has tried to collaborate with the minority caucus to get things done. “We want a three-day weekend, but if that doesn’t happen, our caucus is prepared to be here.” 

Delaying the budget affects more than just lawmakers, she said. The session is now just five weeks away from adjournment, and delays have ripple effects on local governments, state employees, higher education and K-12, for example, she said. 

Rule 14 has not been invoked in at least 25 years. It was hinted at in 2003, when Republicans, who were in the majority in the House, attempted to amend it in preparation for expected Democratic obstruction over a bill on Congressional redistricting. The rule change contained in House Resolution 03-1022 said that, during the last three days of the session, the House could authorize the chairman of the committee of the whole to limit debate, as well as dictate the length of that debate. But the resolution was an empty threat and was never voted on by the full House.

Senate Democrats, on the other hand, asked for the redistricting bill, as well as a number of other bills, to be read at length. When the time came for the final vote on SB 03-352, they walked out and the bill passed on a purely Republican vote, given that Republicans held an 18-17 majority in that session, enough votes for both a quorum and final passage.

The Colorado Supreme Court later threw out the measure and redrew the Congressional district maps themselves.

This year, Democrats hold the supermajority in the House and a greatly expanded majority in the Senate.