Turns out, mill levy increase isn't really 'for the children'

In light of a controversial Colorado Supreme Court decision that upheld a property tax increase billed by liberals as good for schools, it is truly amazing how fast Democrats have changed their tune about school funding.

Let's recall how Gov. Bill Ritter and fellow Democrats praised the ruling when it was announced in mid-March: “As you know, the Colorado Supreme Court today ruled in the state's favor in what has become known as the 'mill levy' case,” Ritter said. “But the real winners today are Colorado's children, Colorado's families and Colorado's schools.”

Fast-forward several weeks, and it turns out Colorado schools won't see an additional dime despite higher property tax collections. At least not this year. The Denver Post reported Sen. Bob Bacon, D-Fort Collins, saying the mill levy freeze saved the state about $130 million this fiscal year because the state didn’t have didn’t have to backfill school coffers in order to meet a mandated per pupil allotment.

Before being upheld by the state's highest court, the mill levy freeze was ruled unconstitutional by Denver District Judge Christina Habas. In her ruling she called the property tax sections of the 2007 School Finance Act "commendable" and "well intentioned," but still felt in necessary to uphold the constitution. "While this Court candidly expresses its concern as to the resulting consequences of this decision, it must nonetheless perform its duties in a manner consistent with its oath to uphold the Constitution," she wrote in her May 2008 decision.

Jon Caldara, president of the Independence Institute, coordinated the case and throughout the trial he repeatedly insisted the mill levy rate freeze did not guarantee more money for schools, and in fact, none of the disputed funds were actually earmarked specifically for schools. The extra revenue from the mill levy rate freeze flows directly into the state's general fund.

To make matters worse, Bacon is sponsoring Senate Bill 291, a measure that would limit state funding to school districts that vote to re-adopt revenue spending restraints under the Taxpayer's Bill of Rights.

Tune in to Face The State’s Weekend Edition to hear Sen. Shawn Mitchell, R-Broomfield, discuss the bill, which he spent three hours filibustering in the Senate this week. Despite Mitchell’s best efforts, the SB 291 passed but still has to pass at least three votes in the House. With less than a week left in this year’s legislative session Democrats will have to fast track 291 if they want to see it pass.