On KOA, Independence Institute's Caldara repeated distortions of Ritter education funding bill

Summary: While discussing the Colorado Children's Amendment on his February 26 broadcast, Newsradio 850 KOA's Jon Caldara echoed his previous erroneous assertions regarding the legislation. Caldara stated that there is "no guarantee" that revenue savings from Gov. Bill Ritter's (D) education funding measure are "gonna go to kids at all," and claimed that the Colorado Constitution "says you need to vote on these issues." But as Colorado Media Matters has pointed out, a legislative analysis estimates increases in school funding, and the law's provisions apply only to school districts that voted to waive restrictions on retaining and spending revenues mandated by the state constitution.

On his February 26 Newsradio 850 KOA broadcast, Independence Institute president Jon Caldara claimed that there is "no guarantee" that state revenue savings under Senate Bill 199 -- also known as the Colorado Children's Amendment -- are "gonna go to kids at all." In fact, as Colorado Media Matters noted after Caldara made a similar claim while hosting the September 13, 2007, broadcast of KBDI Channel 12's Independent Thinking, the bill's fiscal note, prepared by the nonpartisan Colorado Legislative Council Staff, estimated that because of initiatives mandated by the legislation, SB 199 would increase spending on preschool education by $6.7 million in FY 2007-08 and by $19.1 million in FY 2008-09. Additionally, the bill phases in an increase in minimum per pupil funding above levels mandated by the Colorado Constitution at an additional combined cost for FY 2007-08 and FY 2008-09 of $19.6 million.

Caldara also asserted that the courts will side with him on a lawsuit he filed against the legislation, arguing in the broadcast that the "Colorado Constitution says you need to vote on these issues." He added that the "governor and the Democrats voted to say, 'No, we'll just do this without a vote.' " However, Caldara omitted that, as Colorado Media Matters noted in response to Caldara's characterization of Democratic Gov. Bill Ritter's plan as "fiscal date rape," the provisions of the freeze apply only to school districts that voted to allow the retention of mill levy revenues above limits set in the state constitution.

SB 199, enacted in May 2007 with Ritter's support, freezes mill levy, or property tax, rates in order to redistribute sources of funding between the state and individual school districts.

In a December 14, 2007, article about Caldara's lawsuit against SB 199, The Denver Post reported that the rate freeze is applicable only in the 175 (of 178) Colorado school districts that voted to waive restrictions on retaining and spending revenues mandated by the Taxpayer's Bill of Rights (TABOR) provisions of the Colorado Constitution. The Post also reported that under the law, 34 districts would see lower mill levies and 38 others would see no change:

The rate freeze means mill levies will be higher than they would have been in 106 districts, lower than they would have been in 34 districts and unchanged in 38 districts, according to last week's briefing. The freeze applies only to districts where voters have decided to shed certain Taxpayer's Bill of Rights, or TABOR, rules, and it also sets a mill-levy cap.

Ritter's spokesman, Evan Dreyer, said the freeze did not need to go to an election because voters in the districts where it applies have already decided to break free of TABOR.

"The question had already been asked and answered in 98 percent of the state -- 175 of 178 school districts," Dreyer said.

The property-tax rate freeze has drawn controversy since Ritter introduced it earlier this year as a way to raise money for public schools. Ritter announced last week that the money would be used to fund preschool and full-day kindergarten programs, as well as to hire dozens more guidance counselors to keep high schoolers from dropping out.

From the February 26 broadcast of Newsradio 850 KOA's The Jon Caldara Show:

CALDARA: The governor's so-called Children's Amendment -- which yours truly is bringing to court -- was about kids. Now keep in mind, it didn't go to kids. The governor signed a mill levy freeze. And what did that do? It stopped your mill levy from dropping as your home appreciation values went up. It's the same thing as a tax increase. It requires a vote. Colorado Constitution says you need to vote on these issues. The governor and the Democrats voted to say, "No, we'll just do this without a vote." I'm pretty confident that the courts of Colorado will read the constitution for what they are and say, "No, you need a vote for this sort of stuff."

But what did the governor do when he signed this bill? And the money just goes to the general fund. The state can spend it on kids; they can spend it on tourism; they can spend it on free movies and popcorn if they wanted. They can do anything they wish. But how did the governor sell it? He called it a Children's Amendment. Where did he sign it? On the west steps of the Capitol, signed with kids surrounding him. Isn't that beautiful? And, as if no one would actually spend the time, like I did, to read Senate Bill 199 and tell you, "Wait a second, the money here just goes to the general fund. There's no guarantee it's gonna go to kids at all. There's nothing here that guarantees it will go to kids."

—E.B.