Executive Committee of the Legislative Council [Mar 10, 2026]

Mr. Syed, please call the roll.

Caldwell. Here.

Rodriguez. Here.

Mr. President. Woo!

Here.

Thank you. Thank you and good morning to the committee. I am here in my capacity of chair as chair of the Legislative Audit Committee. And just as a background, functions of the Legislative Audit Committee are to review and release audit reports, to recommend special studies, and why I'm here today is every five years the Legislative Audit Committee recommends an appointment for the position of state auditor to the General Assembly. And so there's a process as with everything we do, there's a process around this. First we reviewed the Legislative Audit Committee reviews applications and selects our candidate. We come before you and consult with the Executive Committee of the Legislative Council and then last we will place the candidate before the General Assembly by sponsoring a joint resolution naming that candidate and today I'm very very excited to offer up as our candidate for state auditor Kerry Hunter and so I hope this is the easiest decision you'll have to make today. It certainly was ours. We met on February 25th and agreed unanimously that Kerry Hunter would be our candidate that we'd be putting forth. And so I'm happy to entertain any questions you might have, so long as they're easy ones.

Mr. President. Thank you, Madam Speaker. I move the Executive Committee concur with the Legislative Audit Committee's recommendations as represented by Senator Frizzell to reappoint Carrie L. Hunter to a second 30-year term, excuse me, five-year term as a state auditor. There's a typo on mine.

Mr. Syed, please call the roll. Representative Sanders. Caldwell. Yes. Duran. Yes. Rodriguez. Aye. Simpson. Yes. Mr. President. Absolutely.

Thank you so much.

Thank you very much.

Thank you, Madam Chair, committee members, Carrie Hunter, State Auditor. The budget that's in your packet is the same budget that I walked you through last week, So no changes and no comments from my part to add unless there's questions for me.

Thank you so much, Madam Chair and committee. So happy to be here today. Natalie Castle of legislative council staff. The budget you have in front of you today for legislative council staff is the same budget that I presented last week. It does say updated, and that's because we had cut $120, actually eliminated our advertising line item in our operating budget, and I didn't get that pulled into our figure setting table last week. It was in the total, in the detail, but not in the figure setting. The other thing that I did not mention last week that I wanted to make sure that I pointed out before you voted was we are asking for roll forward authority for a few things that happen every other year, but that we try to budget for evenly over time. The biggest one is new legislator orientation, roll forward authority for $21,000 for that, and then a $9,000 roll forward authority for in our official functions budget. Other than that, it's the same, and happy to answer any questions.

Thank you, Madam Chair. Craig Harper, JBC staff. I don't have any changes to mine either. Happy to answer any questions, but it's the same document I walked you through. Thank you.

Thank you, Madam Speaker, members of the committee at DiCecco, Office of Legislative Legal Services. And ditto what Director Harper said. This is the same budget I had presented, but I'm happy to answer any questions or issues you may have with it.

Mr. President. Thank you, Madam Speaker. I move to approve the JBC staff, OLS, OSA, and LCS budget requests.

Representative Sanders.

Duran. Yes.

Simpson. Aye.

Madam Speaker. Yes.

Good morning, Madam Speaker. Michael Doerr, the Office of Legislative Legal Services. Before you, I have the bill related to interim committees. The bill is very similar to the bill from last year. It prohibits the legislative council from prioritizing any requests for interim committees during this session for the 2026 interim. It also then suspends all of the existing statutory interim committees for the 2026 session. And different from last year, also prohibits the Transportation Legislation Review Committee and Water Sources and Agricultural Review Committee from meeting during the 2026 interim and the 2026-27 fiscal year because those committees have the authority to meet year-round. And then it repeals the Legislative Preparedness Response and Recovery Committee and the State-wide Healthcare Review Committee. And then just kind of as prophylactic measures in case there are changes to the bill, it states that if there are any interim committees that meet during the 2026 interim, that they are limited to requesting only five bill drafts and only moving three of those forward for introduction during the session and would prohibit members serving on those committees from receiving per diem and travel expenses for committee for attending interim committee meetings during the 2026 interim and both of those provisions were in the bill last year and those got added during the process when there were amendments made to add some of the committees back in so So we put those in the bill just so that there was kind of notice if there are amendments this year that that would be part of the exchange in terms of having an interim committee meeting. I'm happy to answer any questions.

Thank you, Madam Speaker. A couple comments. One, particularly sensitive to the Water Resources and Ag Review Committee, but I'm fully supportive of limiting or reducing its opportunities. This session I looked this morning, so the statewide snowpack, the southern half of the state is 50% or lower. The northern half of the state is slightly better than that And the water outlook published by NRCS indicated if we had the highest snowpack ever recorded in the last 30 years I sorry in the last 30 years if March this year would replicate the highest snowpack we had in the last 30 years we wouldn even get to average across the state And we're nearly halfway through the month of March and Southern half certainly didn't see what we got last Friday. So just recognize how problematic this is and challenging it will be, but I'm supportive. I did have a question, though. Like the budget we just approved was based on interim committees coming back, I think. Is that correct?

Thank you, Madam Speaker. Yes, Minority Leader Simpson, that's just the way 199 worked. It will have a separate fiscal note, and then we'll make a reduction in the appropriations included in the legislative appropriation bill. I believe that's how we did it last year, and we do it again. And as I mentioned in my presentation, we then in turn adjust the budget numbers that you saw. We would reduce those numbers going forward for our finalized budget numbers.

Agreed.

Thank you, Madam Speaker. I move to approve LLS 26-0914 as an executive committee bill. The Office of Legislative Legal Services has to have authority to make any technical corrections when finalizing the bill for introduction.

That has been properly moved and seconded. Mr. Syed, please call the roll.

Yes.

Yes.

All right.

All right.

Aye.

Yes, that passes unanimously. I believe we do need to identify sponsors and House of Origin, Mr. Doerr. Yes, please.

Members, since the bill will be beginning in the House, the legislative – does it have to? Yeah, Director DiCieco or Director Castle. Our legislative branch budget, does it follow the long bill? I'll let Ed respond. Director DiCecco?

Yeah, Madam Chair Natalie Kessel, custom in practice is that the legislative department budget package starts in the same chamber as the long bill.

Yes, ma'am.

Yes, myself and the minority leader would be great for interim committees.

Okay.

That's it.

Thank you, Madam Chair. Oh, sorry.

I can walk us.

I can walk the committee through the bill, and then I will defer to any questions for Director Castle. We can share them. This is a draft. You'll notice it's a little bit different because it's created as shows you as the sponsor. That was because it initiated. You started the process for this and then brought it to the committee as opposed to being a full committee request that was made last week. But otherwise, it's in the same position. This, just to identify, this changes, makes changes to legislative department cash fund. big picture I made this a repeal and reenact just because there was enough changes to this bill like adding a definition section adding a legislative declaration and the fact there was a couple of subsections 2.5 and 2.6 and I was making enough changes that that's why it's repealed and reenacted but it keeps a lot of the elements of that underlying bill it's just the nature of it makes it all look like it is new so I'm just gonna focus on the changes of what this bill does and then mentioned something that it doesn't do but the big picture is this takes the legislative department cash fund which is primarily funded each year with the reversions from our legislative department budgets so if there's any unexpended monies instead of reverting back to the general fund where the appropriation is made the current law provides that the money reverts to the legislative department cash fund there are other sources to the cash fund to be sure, but that is the largest amount of money that goes into the fund. So the bill does several changes to the structure of the fund and to the finances of the fund, if you will. First, it establishes a cap on the fund at $8 million, so that each year, and that cap is for this fiscal year, and then each year afterwards, after this, it will increase or decrease based on whatever the change in the legislative department appropriation in the legislative department bill, whatever total appropriation is, whether that goes up or down, whatever that percentage goes up or down, we'll take the limit from the prior year and adjust it accordingly. That way it's not, it kind of hopefully grows or decreases the way the budget does. So with that million cap what would happen is if there reversions if we at million and there million of reversions million will revert to the cash fund million reverts to the general fund. So it's where it sets a limit. Right now there is no limit on it, and it sets a limit. It also makes a transfer of $12 million for this fiscal year. I believe last year it was a $4 million, so we tripled it for this year, and it takes us below the $8 million cap with the anticipation that the reversions may take us back up to the cap so that we have a full amount of money in the cap, in the fund each year, or to start the next fiscal year.

Well, the legislative declaration sort of shows how this fund has been used over the years. This is, I will make very clear, the declaration doesn't establish a true limit on how it may be appropriated, as was the case prior to this. these revisions in this bill, the executive committee, the money is continuously appropriated to the department, and the executive committee can authorize expenditures out of it for any purposes are needed. But what we've identified is the primary sources and ways we've used it, which is, first is we've used it for among many things like we've renovating and maintaining the house and all the other buildings in the capital complex. It's amazing in the time that's since I've started, the changes that have happened, and how much more beautiful this building is and has been restored to its original. But what I would say is a lot of those expenditures have come through separate appropriations, but many of these changes have come from money that was in this cash fund. So I think it's important to have that money so that you can continue to do the necessary capital, maintenance, and renovations in the building. It's also pays for other things we've done is like IT. We know that right now the legislative council appropriation or each year includes extra money that goes so that we can refresh the computers. With the cap that may not necessarily make sense anymore to keep including money because it just may come out of the total appropriation or total amount in the fund each year. But ultimately there is money set will be, that money could be used for IT end of cycle replacements or IT needs that pop up. We've used it to make the capital more accessible. That's a type of renovation, but that's really important changes that we've had. And it even highlights one of the ones like the vertical lift ramp in the house. We're able to raise, you know, to lower and raise that and to allow everyone to be able to go on the dais and take the gavel. And then we've included security and safety expenses. I think that's an important thing, and especially at this particular time. So kind of establishes that's how you've used the fund and there's ongoing needs each year related to those types of uses and then the things that are completely unexpected to be able to include those expenditures. So with that, the other thing we is we've kept the redistricting accounts. So every 10 years we need to have the two types of redistricting that's done. The past money has been transferred, I believe, from the legislative department cash fund base into those redistricting accounts. So then in turn, that funds our redistricting efforts. I should mention, because that's a unique use that comes every 10 years, that money is sort of set aside and not included for purposes of determining the cap. So if we whatever the cap number is we exclude that for digital you know because it just a separate it a one 10 expenditure we know we going to have and it gets spent separately from your authority essentially It not money subject to your continuous appropriation A couple other changes just mentioned we made I made some technical changes it talked about the money including gifts grants or donations but never actually said you could solicit expect and expend them so we've included that language our core deposit dollars we've always just deposited in the legislative department cash fund and there was an authority for that so technically that may be supposed to go into the general fund so we just want to clarify and codify that practice of how we've been handling that money. So with that, if there's any questions, happy to answer them. And Director Castle has added some numbers to this or provide any of the detailed information

Director Castle.

Director DiCecco.

Members, that was a lot of information. Really want to make sure if there are questions, comments. Yes, Minority Leader Caldwell.

Director DeCicco.

Minority Leader Simpson.

Director DiCicco.

Director Castle.

Minority Leader Simpson. Oh, yeah, that would be important to clear up. Oh, another quick question, and like I learned also we keep a cash fund, a Blue Book cash fund as well. How many other cash funds do we potentially have?

Thank you, Madam Chair. We have the legislative department cash fund. There's a blue book revolving fund, which contains the appropriations for the blue book. And then there we have a legal fund that Director Tacheco could talk about. that the Committee on Legal Services has authority over that contains money for legal fees in it. There is what we call the gold fund, which is a fund that receives the proceeds of the gift shop that the tour, the visitor services staff, maintains upstairs, and then they use that to maintain their inventory. The Capital Building Advisor Committee also has access to those funds, so if they want to do something, like for example, a few years ago the flag stanchions were installed upstairs near the visitor services desk. Money was used out of the gold fund to pay for that. And then, those are the ones that are coming to mind. Madam Chair and Leader Simpson, I might be missing something, but those are the big ones.

Esther Van Mork, Secretary of the Senate. I do have a couple of questions. I'll look to all of you to see where those answers come from. Probably Mr. Jatico. So I think, you know, given our economic standpoint, with an $8 million cash fund balance cap that adjusts, maybe we don't need to be concerned. But we want to make sure that we given all of these items that the cash fund has historically been used for a lot of thought and anticipate whether or not the balance fund that you have proposed in this bill draft is accurate and considering the available balance less expenditures and reserves as of January 23rd we've talked about where we would be right we we would be at six million dollars with the 12 million dollar general fund transfer and then with the reversions we probably will end up back above that eight million dollars and then reverts more to the general fund. I think that sounds good. I just want to make sure that we talk through all of the things that this money has been used for. We have the benefit of having my senior advisor here who has been involved in all of these restoration projects over the years and so I wanted to just give you all a few highlights that Mr. DiCecco and Ms. Castle have mentioned to you, but just some highlights. The Senate Chamber Restoration Project was funded from the cash fund. That included the restoration, and I'm focusing on the Senate, that included the restoration of the plaster walls and the ceiling, cleaning and repair of the stained glass windows, modification of those stained glass windows so that the maintenance of those stained glass windows is an expense that historically has been covered from this cash fund. Rewiring of the Senate chandelier, recreation of the original paint colors, and the installation of metal brackets for new acoustic panels in the gallery. We've also funded the Senate renovation from 2022 from that, which included the refurbishment of the 120-year-old millwork, that's the front desk, the 35-member desks, and the President's dais, restoration of the brass fixtures and arched doors, installation of energy-efficient heat radiators, structural rebuilding of the Senate floor, that was a huge undertaking that Ms. Markwell took great care of ensuring that we got taken care of, which reinforced the floor and simplified that IT nerve center. And we also elevated the well to provide wheelchair access to the podium for the first two rows. So there was also replication of the discovered art deco stenciling in 2022. In addition, the shared House and Senate cash fund expenditures have included speakers for improved audio quality, new chairs for both the House and the Senate that include the state seal, restoration of the old Supreme Court chamber and the old state library, and painting the main floor basement area. And as Ms. Mark will explain to you at the last executive committee meeting, we most recently used that cash fund for expenditures related to the seventh floor annex, including and the capital move including furniture purchases, construction costs and moving expenses. So with these proposed changes to legislative department cash fund, I want to make sure that I start with, I understand where we're at from a budgetary perspective, I think it's responsible for us to have these conversations. But I want to make sure that we think through all of the anticipated needs that we have coming up in the future, including any IT issues and upgrades, which is mentioned in the list as a legislative declaration from the General Assembly that we prioritize IT and we prioritize capital needs But I think it important for all of us as you all are approving this piece of legislation to keep in mind some of the things that we can anticipate seeing in the future Audio issues continue. And so we could be looking at new speakers, new microphones, improvements to the wiring. The Senate is currently undergoing a voting system refresh, which is already earmarked from this cash fund but my understanding is the House will also need to be doing a voting system refresh. Necessary upgrades to both the House and the Senate ADA lifts. It's mentioned that the House ADA lift is mentioned in the list of expenditures. The Senate is also seeing its age and could need an upgrade in the future. Any other accessibility changes required for both chambers. The LMT has recently been notified of significant electrical failures that we're seeing daily. We would anticipate that those would need to be addressed by the Department of Personnel and Administration. However, we can also see in the past from history purposes that we may be contributing to that like we did with respect to the dome that that Ms. Castle brought up for you. And just any further renovations in the Senate related to historical artwork. Lots that we have used this cash fund for over the years that have made significant improvements to this building and thank you to Ms. Markville who's here to have shepherded all of that through for us. The one question, so I wanted to give you that. Any questions about that information before I move on to my questions? Members, any questions? Please proceed. Thank you, Madam Speaker. The bill draft does not discuss how the $12 million transfer will impact the existing account structure in the Legislative Department cash fund. So I think, Director Castle, you explained that there are three different accounts within the Legislative Department cash fund. And correct me if I'm wrong. I would anticipate that the Executive Committee would consider that the $12 million transfer from the general fund would need to be made proportionally. but maybe I'm missing the math there. So I wanted to talk about the impact of that transfer and the impact of the cap on those particular accounts so that we're all aware on how that would work. And then I think that was my question.

Thank you, Madam Speaker. And yes, that was, as I mentioned, as my add-in was, that is, I think, something for the community to consider, whether you do it proportionally, what's the transfer, or whether you look at the end balance and say, has it been reduced proportionally? I think it's the same question about how do you want to keep that structure. And so if we have direction, then we can implement that and kind of take it through the spreadsheet and make those numbers. But yeah, I think as this goes forward, it would be good to clarify for us on how that works so that you know to the extent you're going to be making those appropriations from the fund if you want to take it from a particular one. If it's a Senate, like Esther mentioned, for the electrical issues in the Senate or a voting system in the Senate, if you wanted to come from the Senate fund, you know that money's there. Or you may have to look to the other, for example, the service agency's account, for example.

Thank you Madam Chair I just want to let Secretary and Maureen know that I am working on some numbers to anticipate future needs I would have liked to have had them ready today but don have them Based on the rough numbers that I have I have looked at the average amount that we have spent on technology and renovations over the last 14 years And I have looked at expected expenses for major technology improvements that we'll need to have over the next, well, through 2030, just based on money that was used in the cash fund for those technology improvements in the past, anticipated end of life for that infrastructure, and then a growth assumption for the cost there. And I have concluded that on average, generally, we would spend about $2.5 million every year out of the fund on these anticipated needs. And based on historical spending for renovation and technology that's separate from those anticipated needs. But the average is not representative of any particular year. It's very spiky. In some years, only a few hundred thousand were spent. In other years, for example, over the last three years, we spent more than $5 million on the transition from the move, the renovation and relocation project out of the legislative department cash fund. That includes IT and renovation and moving expenses. So I just would like to assure the committee and Secretary Van Marek that I've been thinking very deeply about how much money is needed, and I would provide that information to you very soon in more detail.

Madam Chair, that is correct. And Madam Secretary, I really appreciate the work that has gone on in the Senate chamber as well as the House chamber. As Director DiCecco mentioned earlier, the renovations to the Capitol and certainly the Dome have all been critical to preserving, you know, both our working space and the history of this beautiful building. We don't want to see resources unavailable for those purposes, but I do think the $8 million cap is certainly adequate and appropriate given the moment. And I believe you said earlier, Minority Leader Simpson, just to comment about we have reversions every year. I think that is extremely common just given staff turnover, right? You have turnover in any department. There are gaps in employment. as one example of where you may not spend all of your budgeted funding for personnel one year because you had a two-week, a one-month, a two-month gap from a person leaving and a person starting, right? Reversions like that, at least in my days with JBC, were pretty common across all agencies. Those things happened. I do think we've improved. We've certainly reduced the number, the size, not the number, the size of our reversions because of the cuts that we made to the budget last year trying to be more targeted in our appropriations.

Absolutely. I don't... Just to clarify. Yes. To the extent that, for example, let's say there was a grave need in the Senate and there wasn't sufficient money, and I'll ask Director Castle does just to be clear, I believe that the executive committee has appropriation authority over the spending authority over all of the money. So if there was insufficient money in one of the accounts, for example, you could say the Senate, then you could take the money from the legislative service agencies, being mindful that there's probably an IT need in there in the legislative council's piece, but you could then in turn take that money and use it for the Senate. So ultimately, it's still going to be the amount that the total available amount is what you'll be able to use for all of the branches' needs. But it's helpful for, I think, just to know for planning purposes to have these accounts, too.

Thank you, Madam Chair. That is absolutely true. And the shared account or the agency account has been used regularly and extensively for things in the House and the Senate. The agencies claim you as our own, too. So, you know, we, and I do think, as Director Chacheco had said, that if this bill were to become law, it would be good. And even if it were not to become law, I think it would be good for this committee to take a look at the account structure. Not necessarily, you know, I'm not saying anything specifically about the shared account houses and Senate accounts. That's up to you. But there are also several other smaller accounts that have been created by the Executive Committee in the past, some of which are being used actively, like the Colorado Channel accounts was used to pay for new, to replace failing cameras in the House and Senate chambers last year. But there is, for example, a $40,000 account that was created in 2013 for television expenses during special sessions that has never been used or touched. So it would be good to look at the structure of those accounts and think about that. That can be done administratively. It does not need to be done in statute.

Thank you, Madam Speaker. And to Mr. DiCecco's point, I think I read that in the bill too, that there is that authorization for the General Assembly to appropriate money to this particular cash fund if necessary, if there is an unanticipated need that wouldn't fall under that cap. And I think that wise I think it also just worth saying out loud that you all know that it not easy to ask for that money and so there is certainly the benefit to having a rainy day fund like what we have effectively created here in this legislative department cash fund.

Mr. President. Thank you, Madam Speaker. I move to approve LLS 26-0486 as an executive committee bill and for the Office of Legislative Legal Services to have authority to make any technical corrections when finalizing the bill for introduction.

Properly moved, seconded by our Majority Leader Duran. Please take the roll. Representative Sanders, Caldwell.

Duran.

Rodriguez.

Simpson.

Mr. President.

I'm Speaker. Yes. That passes unanimously. I am happy to lead this charge. Minority Leader Caldwell.

Don't say I didn't ask.

Great. So McCluskey, Duran, and Caldwell in that order. And in the Senate.

Very good. You got your two in Simpson and Rodriguez.

Sorry.

Two of you will be leading it.

Excellent. Yes, House Bill as well. We'll start the whole package in the House. Last on our agenda, and we are coming up on time, so I'll try to keep us moving. Review a full legislative department budget request. The summary tables, Director Castle.

Not right now.

Madam Chair, it would be really wonderful to have the final members for what we have, what we're going to present on Friday morning. Friday morning you all will meet and you'll vote on what will end up in the introduced version fairly soon because we need to get it to publishing.

Thank you.