Caldara guest op-ed in Denver Post repeated misleading claim against mill levy law

Summary: In a Denver Post guest editorial, Jon Caldara of the "free-market" Independence Institute misleadingly asserted that the Colorado Children's Amendment "does not guarantee a single penny to education or to children." Caldara has made similar claims before, even though a legislative analysis estimates how much the legislation increased minimum per pupil and preschool funding, and the text of the law indicates that the mandated increases in preschool and kindergarten enrollment and the change to the minimum per pupil funding formula are to continue beyond the first two budget years.

On June 15, The Denver Post published a guest commentary by Jon Caldara, president of the "free-market" Independence Institute, in which Caldara again claimed that the 2007 Colorado Children's Amendment (SB 199) "does not guarantee a single penny to education or to children" and "has no requirement that any of the money be spent on children." In fact, as Colorado Media Matters has noted repeatedly (here, here and here) when Caldara made similar claims on his Newsradio 850 KOA radio program and his KBDI Channel 12 Independent Thinking public television program, 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 law phases in an increase in minimum per pupil state 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's op-ed later misleadingly stated, "Although a fraction of its first year's haul of nearly $118 million was put toward pre-kindergarten kids, there is no guarantee that future legislatures will give kids even that much." In fact, the law mandates that increases in preschool and kindergarten enrollment phased-in through the 2008-09 budget year continue in "each budget year thereafter." The law similarly mandates that changes to the minimum per pupil funding formula continue after the initial two years.

Additionally, in a practice Colorado Media Matters previously has pointed out, the Post blurb identifying Caldara did not state the Independence Institute's conservative, "free-market" public policy agenda.

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

Caldara's column followed Denver District Court Judge Christina M. Habas' May 30 ruling in favor of a lawsuit Caldara filed challenging the constitutionality of the mill levy freeze contained in SB 199. As the Post reported June 1, Gov. Bill Ritter (D) announced through his spokesman that "the state will appeal the ruling to the Colorado Supreme Court and also ask for a stay of the ruling so that the state can continue to collect revenue from the mill-levy freeze in the next fiscal year."

From Jon Caldara's June 15 guest column in The Denver Post, "Next time, ask first":

Why did we sue the state over Gov. Bill Ritter's property tax increase? Well, it's not because of the cash. It's the Constitution.

Colorado's constitution guarantees that before government raises taxes or changes tax policy to bring in more money, it must do one simple thing first: let the people vote on it.

Even those in the government- spending coalition who despise TABOR [the Taxpayer's Bill of Rights] claim they support the provision requiring voter approval for tax increases. That includes The Denver Post's editorial page.

It will be hard to believe them when they say it again in the future.

Last year, on the west steps of the State Capitol, with children surrounding him as theatrical props, Ritter signed Senate Bill 199, which included what he euphemistically called the "Children's Amendment." In classic political bait-and-switch, "Children's Amendment" does not guarantee a single penny to education or to children.

SB 199 -- the "for the kids" property mill levy freeze, which lets the state legislature spend almost $4 billion more in its first decade alone -- has no requirement that any of the money be spent on children. Although a fraction of its first year's haul of nearly $118 million was put toward pre-kindergarten kids, there is no guarantee that future legislatures will give kids even that much.

[...]

Jon Caldara is president of the Independence Institute, a think tank based in Golden.

The fiscal note accompanying SB 199 estimated the additional cost to the state budget of increasing the number of preschool slots over the 2007-2008 and 2008-2009 budget years:

Although the legislation does not dictate how much money would be spent on preschool and kindergarten education after the initial two budget years, it does indicate that the mandated increases in preschool and kindergarten enrollment are to continue beyond those two years:

SECTION 11. 22-28-104 (2) (a), Colorado Revised Statutes, is amended to read:

22-28-104. Establishment of public preschool and kindergarten programs. (2) (a) (I) For the 2006-07 budget year, and each budget year thereafter, fourteen thousand three hundred sixty children may annually participate in the state preschool and kindergarten program.

(II) For the 2007-08 budget year, sixteen thousand three hundred sixty children may annually participate in the state preschool and kindergarten program.

(III) For the 2008-09 budget year and each budget year thereafter, nineteen thousand eight hundred sixty children may annually participate in the state preschool and kindergarten program. [emphasis added]

Further, the law's changes to the minimum per pupil funding formula -- which the fiscal note indicates result in increased spending of $6,369,059 in 2007-2008 and $13,191,967 in 2008-2009 -- also are slated under the legislation to continue beyond the initial two years.

—E.B.