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Committee HearingJoint

Joint Budget Committee [Mar 30, 2026 - Upon Adjournment]

March 30, 2026 · Budget Committee · 33,248 words · 10 speakers · 700 segments

Senator Kirkmeyersenator

. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. The Joint Budget Committee will come to order. We have an ambitious agenda today, but we are going to start with JBC Staff Figure Setting Comebacks Packet 16. And it may be behind tab two in your notebook. It's behind a different tab in mine. Okay. And I think we already did Mr. I thought we already did Mr. Dermody's, yes? Okay. So the next item in there is R7. the Cohen's Partnership Agreement housing pilot. And well, so there are a number of items that are in the partnership agreement that has been submitted as the governor's budget request per the partnership agreement that is now built into the budget. But as we find ourselves in these rather unprecedented and challenging times, as we are working through a billion dollar gap to close in our budget, these ongoing costs, like many, across state government are challenging to fund and we are having to find savings in many places. And so it is my belief that we cannot, we cannot fund the partnership agreement in its total package as presented and still come to a balanced budget, particularly as we think about ongoing costs that the state continues to bear. And so I think that I do just want to lift up and honor our state employees who make this state run and are doing the crucial work day in and day out to serve Coloradans with the services that they need, that they rely on, whether it is health care, whether it is addressing our transportation infrastructure, whether it is keeping our air and water clean and free of pollutants, serving people in our state hospitals, working in our correctional facilities. They are doing hard and difficult work. We know that the state has been challenged in keeping up with the private market in what we pay our state employees. So my proposal in funding portions of this partnership agreement are to address, and we'll go through these piece by piece, But I think that one thing that the partnership agreement has done over the years and the investments that have been made in step to try and get our salaries up to a place that it is competitive so we are able to, so that we're not in a position. When I first came into the legislature, there were one in four positions vacant in places like DOC and human services. and in particular in these 24-7 facilities. And I think that STEP has gone a long way to increasing the morale to be able to ensure that we are recruiting and retaining our state workforce that we require in order to make this state run. And so I think it's important that we continue with STEP. I think that there are other components of this partnership agreement that are good ideas. And maybe when the agreement was made, the state was in a different fiscal position. But we are in a position now where we cannot afford the entirety of the agreement. It doesn't mean that I don't believe that state employees aren't deserving of increases in pay or, you know, ways to support housing in some of our areas that are challenged in the state to recruit employees because they can't find housing. It's not a judgment on the importance of these things. It is a matter of what we can afford. So I would not recommend that we fund this housing pilot, though it is, I think, a worthwhile proposal. I don't know. Would you like to go piece by piece?

Vice Chair Bridgesassemblymember

Yeah.

Senator Kirkmeyersenator

Okay. Great.

Vice Chair Bridgesassemblymember

In that case, Madam Chair, as we go through this, just big picture, we are looking at denying tens of millions of dollars in the WINS request here, starting with this one here. I hope that this does not come across to the state employees we have as not valuing deeply the work they do We do We know that this state only runs and the programs that this state runs only run because of our excellent state employees We deeply grateful for that work We appreciate them and this year budget is awful for all folks and we appreciate that they understand that and I am sorry for the piece that they have to bear on this. So with that I move to deny

Senator Kirkmeyersenator

our seven Cohen's partnership agreement housing pilot.

Vice Chair Bridgesassemblymember

I move staff rec to deny R7 co-wins partnership agreement housing pilot.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6-0. All right, that takes us to A2. All right. I don't know if Mr. Kem has anything to add to his recommendation, which is denial of the structural salary range adjustment request. We talked through these things quite a while ago. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Again, state employees have had their say in how it is that we approach these cuts. There are different options, things we can say yes to, things we can say no to, still maintaining our commitment. The goal is that no state employee gets a paycheck next year that is less than the paycheck they're getting this year. But the 2% salary range adjustment is not within our ability to do this here. They recognize that and because of that I move staff recommendation on the 2% structural salary range adjustment which is to deny.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6-0. Which takes us to the minimum wage adjustment Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you Madam Chair. I move staff recommendation.

Senator Kirkmeyersenator

Representative Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. Mr. Kim, if we could just go back for a second. Your second to last in the analysis, the first sentence, only sentence, in the bottom two paragraphs, I'm still trying to figure out, you make the statement, if paid for discreetly costs and goes on, I'm trying to figure out what the word discreetly in that particular context, how to interpret it.

Senator Kirkmeyersenator

Mr. Kim.

Alfredo Kimother

Thank you, Madam Chair. Alfredo Kim, JBC staff. So Representative Taggart, can you give me where you're?

Representative Taggartassemblymember

Page A2.

Alfredo Kimother

Okay.

Representative Taggartassemblymember

Second to last paragraph.

Alfredo Kimother

There's only one sentence.

Representative Taggartassemblymember

I see.

Alfredo Kimother

It starts with staff estimates that a 2% across the board, but then you have a comma,

Representative Taggartassemblymember

and then the statement, if paid for discreetly.

Alfredo Kimother

I trying to figure out what discreetly means in that context Right So historically when the executive branch submits the governor request for salary adjustments they give one number, 3.1%, across the board, COLA, salary increase. And then they fit everything into that.

Representative Taggartassemblymember

Right, right.

Alfredo Kimother

In my mind, that's not a good way to address the actual cost of components. So by saying discreetly, what I'm saying is if we just addressed a 2% structural salary range adjustment, that should actually come with a cost that moves everybody 2%. And on that basis, it is an equivalent cost as a 2% ATB COLA, which I identify what that cost would look like.

Representative Taggartassemblymember

But that's separate and apart from it.

Alfredo Kimother

But historically, traditionally, they just include this as a part of it. So what they'll say is 3.1% across the board COLA, and then attached to that is a 2% or a 3% salary range adjustment that allows structurally our salary ranges to remain kind of competitive with the market in that single move.

Representative Taggartassemblymember

And, yes, you can accommodate both in that way.

Alfredo Kimother

What I was saying is really what we should be doing is thinking about salary range adjustments kind of on their own, that there's an actual cost. It ends up getting hidden in the way that it's traditionally submitted. But that's basically what I was getting at.

Representative Taggartassemblymember

Okay. Thank you.

Senator Kirkmeyersenator

Okay. All right. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff recommendation minimum wage adjustment.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6-0. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff recommendation on CSP movement to range minimum.

Senator Kirkmeyersenator

Are there any objections?

Alfredo Kimother

Senator Kirkmeyer. And why?

Senator Kirkmeyersenator

Can we get some explanation here as to why we're doing that? This is a, well, Mr. Kem.

Alfredo Kimother

Thank you, Madam Chair. So, Senator Kirkmeyer, this is simply what I have labeled in here the CSP step. So it is a step for Colorado State Patrol. These are adjustments made. It is submitted within the compensation policies as a CSP movement to range minimum component, but it functions in the same way as a step, and this is specifically for Colorado State Patrol.

Alfredo Kimother

Senator Kerkmeyer. And it stays within the 6% limitation?

Alfredo Kimother

Yes, it does.

Alfredo Kimother

Thank you.

Senator Kirkmeyersenator

You made the motion. Any other questions? All right. Are there any objections? That passes on a vote of 6 to 0. All right. Next is step pay increase and I would take our staff rec on this. I think this is a crucial component of the agreement that is put forward and it is important that I recognize the budget crisis that we are in and also if we do not have state employees to do the work. We are going to be in far greater crises in particular in some of our departments as we fall further and further behind in our ability to be able to both recruit and retain employees who are doing the important work of state government. And so I believe that this we should fund. I think maybe the numbers, I'm unclear about the actual number attributed to what STEP costs and maybe Mr. Kem. Regardless, I think this is the right item to fund. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I agree. We can't do the across the board. But I think that step pay is what I've heard from state employees is sort of the most important part of moving forward with the partnership agreement and ensuring that we are paying competitively to folks in the private sector and we can retain top quality talent here in the state doing the work that we all fund with the entire rest of this budget. So I think there's another question here, but I'm happy to make the motion whenever we're done discussing.

Senator Kirkmeyersenator

Senator Crook-Mayer.

Alfredo Kimother

Thank you, Madam Chair. So what is the difference with the request and the recommendation? Why is the request only at $12.8 million general fund and it includes the step-like component, yet staff recommendation is at $26.7 million general fund, and it doesn't appear that it does include the step-like, does not include step-like component?

Senator Kirkmeyersenator

Mr. Kim.

Alfredo Kimother

Thank you, Madam Chair. So, Senator Kirkmeyer, this goes back to the way that the executive branch request is submitted. it pays for as much of the step through that 3.1% across the board increase and then the remainder of the step that's not covered by that is included. So that's that smaller amount that was included in the request. What I've done is I've broken it apart. I said, if we're actually going to pay for this component, here is the actual cost of step pay aside from the ATB COLA. And so in your recommendation, the estimate, the $26.7 million, one, doesn't include the step-like component,

Alfredo Kimother

and two, includes a 3.1% increase or is it an inflationary increase?

Senator Kirkmeyersenator

Mr. Kemp.

Alfredo Kimother

Thank you, Madam Chair. Senator Kirkmeyer, this includes no inflationary or COLA or across-the-board adjustments. This is the step plan. So this is exactly as it is specified in the partnership agreement for the various occupational classes as they move through their position over time. There is a formula for how those increases are paid out, and this is the cost of meeting that piece of it.

Alfredo Kimother

Senator Kirkman. And so I noticed where, so your recommendation includes the judicial department, doesn't include the legislative branch.

Senator Kirkmeyersenator

And so what's happening in the legislative branch?

Alfredo Kimother

Mr. Kim. Thank you, Madam Chair. So, Senator Kirkmeyer, there are no classified employees as a part of the legislative branch. They would fall under a step-like increase if the committee were to fund a step-like increase that was equivalent.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. And because it seems like that's what you're asking about, the step-like increase is the next question. And I will be moving to approve the step-like increase as well. I think it's important that we treat all the folks doing the same kind of work in a similar way. That being said, just since no one else is speaking, my understanding is that the legislative budget will be amended to reflect what it is that we are deciding here in this document for employees, that they held all increases at zero across the board, no changes to Health Life Dental. They were waiting on us to make our decisions here before they made their decisions and that there will be an amendment to the legislative budget to reflect the decisions that we make here. I actually don't know the answer to that, and that remains to be seen. That would be the purview of the bill sponsors for the legislative budget.

Senator Kirkmeyersenator

Senator Kirkmayer.

Alfredo Kimother

But the step plan increase is based off of, again, what? I mean, if it's not based off of inflation or COLA or whatever, how is it based? And what percentage increase does it actually amount to?

Senator Kirkmeyersenator

Mr. Kim.

Alfredo Kimother

Thank you, Madam Chair. The step increase, as I said, it's a formula where over every approximately, I think, three years, there is a step increase. When an employee is in their position and they remain in that position, every couple of years they get an increase associated with the years of their experience in that position. That is all kind of a formula-based system for stepping, and that just occurs based on the employees that are in those particular positions. What I have calculated that equivalent amount to be for a step-like increase is 1.2% of salary base.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. And my understanding is a big part of the reason that we instituted step increases is because when folks were hired in or when they got promoted, they were sort of locked at that amount, and then all new hires were coming in at a higher rate, and you had, I think it was called wage compression, was the phrase that was being used. We had new people coming in, just getting hired to the state, doing the same job as someone who's been here 20 years, getting paid significantly more than the person who'd been here for 20 years. And this just ensures that everyone is getting paid essentially what it is that they should be, given what the equivalent in the private sector would be making. I'm seeing a nod from, yeah.

Senator Kirkmeyersenator

Mr. Kent.

Alfredo Kimother

That's basically correct.

Senator Kirkmeyersenator

I'll take basically correct. Good enough for me. Thank you. Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. Maybe I'm jumping too far forward, but I'm not used to doing compensation like this at all when it comes to, and please this is not a statement about the wonderful people that work for this state government, but we're going through this component by component. Senator, you said there are tens of millions of dollars here. And when I get to the final chart, there's $1.9 million. And so I have to tell you, this is very puzzling to me because, for instance, The step pay increase goes from the initial request of $11.8 up to $26, almost $27 million. And so I'm uncomfortable that we're doing this. I would rather make sure I understand the big picture, like this last chart, AND THEN GO BACK AND LOOK AT THE INDIVIDUAL ONES, BECAUSE I DON SEE TENS OF MILLIONS OF DOLLARS HERE FOLKS SO TO CLARIFY WHAT WE ARE CONTEMPLATING THE WAY THAT THE AGREEMENT WAS PRODUCED I see tens of millions of dollars here folks So to clarify what we are contemplating the way that the agreement was presented is that essentially we would fund this across increase that that would be sort of funded first, and that that would take into account the step increases that were also a part of the agreement. But if we did what Mr. Kem recommended, which is that what first should be funded is STEP, then STEP, to make that a discrete cost versus something that is already calculating in what we have put into the across-the-board increase, then STEP would cost more. If you're not calculating part of the cost of STEP as the across-the-board increase, that is the difference that you see there between the request and the recommendation, is that if we just discreetly took STEP out of the whole package and said if we only funded STEP, this is what it would cost, then when you get to a later section on the across-the-board COLA increase, Mr. Kem is providing different options for the committee to consider about different across-the-board increases. But those amounts, too, would be different if you first factored in step and then you contemplate these across-the-board increases. What we will get to is that while I believe that our state employees are deserving of an across-the-board increase, while I recognize that our state employees are facing an affordability crisis that our constituents across the state are facing, and it will be challenging to them that we in this general fund environment that we are in cannot afford an across-the-board increase. And so that will get us to a savings of tens of millions of dollars. We also did not approve the 2% range adjustment, which will achieve some savings. And then there are some other questions on health life and dental that we'll get to.

Senator Kirkmeyersenator

Representative Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. And that's what you're saying is exactly why I'm concerned. I want to be fair to our employees. Make no mistake about that. But also we've started this by saying or the senator started this by talking about tens of millions. And I'm looking at a summary chart that has a change of 1.9 million. And so unless this isn't the full recommendation here.

Senator Kirkmeyersenator

If you look at page A8, which we haven't gotten to,

Representative Taggartassemblymember

and you look at the across-the-board COLA increase, and this is at a recommended 2%, and you get to that table that shows $34,903,000, $4,440 of general fund savings that if we don't approve an across-the-board increase, that is million that we are not spending in general fund But with all your respect that is completely offset by a step pay increase that two and a half times bigger than the original request And I realize they were in different buckets and Mr. Kem is doing a very good job. but net net this is a change of 1.9 million dollars. It is not a change of tens of millions of dollars when it comes to the general fund.

Senator Kirkmeyersenator

So the numbers that are reflected here that Mr. Kem is presenting are his recommendations. His recommendations are not the partnership agreement. He has made different recommendations from the partnership agreement. So the partnership agreement is what has been put forward. as what the governor is recommending based on that agreement. Mr. Ken then has come in and shown some different options for us to take up. And we are choosing altogether different options for Mr. Ken. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I think that the delta you're seeing is not reflective of what the governor's office had requested on this. The delta between where it is that we will end up today and the governor's request is tens of millions of dollars. I would love to get a chart on this for Mr. Kim once we're all done. May I?

Senator Kirkmeyersenator

Do you want to let Mr. Kim answer? No, I think maybe I can get to the bottom of it. Senator Kirkmeyer.

Alfredo Kimother

On page A8, I think this is correct. The ATB slash COLA increase at 2% in Mr. Kim's recommendation is $34,000, basically $35 million. We just denied that recommendation. So that actually becomes, we will. No, yeah, we will. I will move to do that and we'll see what the committee does. I thought that was the across the board thing up there. No, that's the next thing down here.

Senator Kirkmeyersenator

That was the range adjustment.

Alfredo Kimother

Oh, the range adjustment.

Senator Kirkmeyersenator

Okay.

Alfredo Kimother

So if we don't agree with that recommendation, it's about $30 million.

Senator Kirkmeyersenator

Don't pay any attention to these charts right now. We have one more motion to make that changes them significantly.

Alfredo Kimother

But we're on the step like now, aren't we? So, but I want to know.

Senator Kirkmeyersenator

We're still on step.

Alfredo Kimother

Okay.

Senator Kirkmeyersenator

Madam Chair. Mr. Kemp.

Alfredo Kimother

Thank you. To clarify, so the table on page A8 reflects all the salary increase components. The top of the table shows what the governor's request totaled $66.9 million. My recommendations came in at $64.9 million, only to kind of approximate their total amount. But that ATB COLA increase is entirely discretionary, as I communicated at figure setting. But short of that, the difference I'm reflecting relative to the governor's request is $2 million less, but coming in at about the same approximate amount.

Senator Kirkmeyersenator

Did you move?

Vice Chair Bridgesassemblymember

I moved step pay, but not step in like.

Senator Kirkmeyersenator

Okay. So on step pay increase, the vice chair moved.

Vice Chair Bridgesassemblymember

You did move?

Senator Kirkmeyersenator

I moved staff recommendation.

Vice Chair Bridgesassemblymember

Okay.

Senator Kirkmeyersenator

Oh, maybe I have not.

Vice Chair Bridgesassemblymember

I move step pay increases. My understanding is that staff recommendation is the full implementation of the governor request inclusive of the COLA denial. Sorry, the inclusive of the 2% structural salary range adjustment. So that if we move this and then we deny the COLA increase, that the full step will be implemented. It looks like a larger number because of the order of operation, but that this is the full step pay increase, as it is that we're approving things. I just want to make sure that the math is right. Thank you.

Senator Kirkmeyersenator

All right. Are there any objections? That passes on a vote of 6-0. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Similarly, I think that anyone doing the similar job of someone who was getting the step pay increase should also get a step increase. So I move. And Mr. Kim, your recommendation on step like, is it the same as essentially the step pay, or would we want to move the request on this in order to stay in line?

Senator Kirkmeyersenator

4.6%, Mr. Kim.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair.

Alfredo Kimother

Senator Bridges, you would want to move my staff recommendation that is an equivalent increase for non-covered employees.

Vice Chair Bridgesassemblymember

I move the Mr. Kemm's staff recommendation for an equivalent increase for step-like employees.

Senator Kirkmeyersenator

Senator Kirkmeyer.

Alfredo Kimother

And so non-classified employees are getting step increases as well? It's step-like, which is a discretionary, it's an amount of money that goes to the department,

Alfredo Kimother

for allocation to programs and divisions, and it's basically a merit increase for non-covered employees. Senator Kirkman.

Senator Kirkmeyersenator

So it isn't actually a step increase?

Alfredo Kimother

It's not a step. It's a merit increase?

Alfredo Kimother

Yes.

Alfredo Kimother

A 1.2% merit increase?

Alfredo Kimother

Yes, average 1.2%. Because merit doesn't go to each employee equally.

Alfredo Kimother

It's based on the employer decision. Yes.

Senator Kirkmeyersenator

Senator Kirkmeyer.

Alfredo Kimother

I understand that. I understand when it happened a long time ago when I worked in the governor's office. And I'm not really in support of merit increases. I don't know why we would just give a merit increase and then try and call it a step like increase. And I know that's not your terminology, but I don't understand why we would do that.

Senator Kirkmeyersenator

Right.

Alfredo Kimother

Mr. Kim. Thank you, Madam Chair. So, Senator Kirkmeyer, this is really the way the executive branch has executed the step-like increase, which is that it is not a flat across-the-board salary increase for each non-covered employee. It is provided to employees based on kind of the supervisors, the managers' decision for allocation to individual employees.

Senator Kirkmeyersenator

So it functions like a merit.

Representative Taggartassemblymember

Yeah. Senator Mobley. So the step pay is a function of how long you've been there. The step like is not a function of how long you've been there.

Senator Kirkmeyersenator

Right.

Alfredo Kimother

Thank you, Madam Chair. Yes, in the way that it is delivered in practice, it is more of like a merit system.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. We're getting a phone a friend that says it should be .6 instead of 1.2 in order to match what it is that we did in step pay increases. That's not accurate. Okay, then we're going to go with what you said and we'll see how it goes.

Senator Kirkmeyersenator

Vice Sherbridges.

Vice Chair Bridgesassemblymember

I've already made the motion. I renew my motion and would not like to repeat it because I don't remember it.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 5 to 1 with Kirkmeyer objecting. Okay. Vice Sherbridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. On to ATB COLA increase. I think this is the one that is very hard for me. My understanding is that there were conversations with WINS to make sure that what it is we agreed to today is something that does not reopen the partnership agreement and is something that ensures that no state employee sees a reduction in their paycheck, but I move to deny department request on ATB COLA increase.

Senator Kirkmeyersenator

Are there any objections? Do you have a question, Rep Taggart?

Representative Taggartassemblymember

Thank you, Madam Chair.

Senator Kirkmeyersenator

So that means?

Representative Taggartassemblymember

No across the board.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. And just so we're clear. On page 8. Yeah, on A-8, the way that we ensure no one sees a decrease is the HLD adjustment on A-11 that we will get to. That's how we ensure that even though there's no across the board, folks that don't get a step or step-like increase will not see a reduction in what it is that they are putting into the bank account every two weeks or every month, depending on what pay skips, pay timeline they're on. But the motion on the table for now is the ATB COLA increase.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of six to zero. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move Staff Rec, HLV, State, and Employee Share, which is to deny the department request. And this item for everyone's reminder is last year when we, the JBC, denied the HLD increase that was requested, part of that agreement was to come back and ask for it again. And we are basically, if we deny this request, we are saying that that reduction that was realized last year remains. So we're not making up for the reduction that we made last year.

Senator Kirkmeyersenator

Well, last year they asked for an increase. We said no.

Vice Chair Bridgesassemblymember

Correct.

Senator Kirkmeyersenator

And so it's still at 88.12?

Vice Chair Bridgesassemblymember

This would not replace what we didn't increase it by last year. They're asking to replace, to put back what we did last year that would have made up for the hunt, that would have provided state employees 100% increase. And so right now employees will be at 88 That is the next item This is merely the replacement of last year reduction Okay You made the motion

Senator Kirkmeyersenator

Yeah. Are there any objections? That passes on a vote of 6-0. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. And this, as I mentioned, is how we ensure that no one actually sees a decrease. that we take on the increase in health-life dental as a state. So folks who get the step increase will see an increase. Those who don't won't see a decrease. If we reject this, they would. And that to me is a step too far even in a budget year like this. So I move HLD adjustment staff recommendation.

Senator Kirkmeyersenator

Okay. Senator Kirkbeier.

Alfredo Kimother

All right. So anybody not getting a step pay increase, receives an increase in their health life dental because it will go to 100%.

Vice Chair Bridgesassemblymember

Well, everyone will, regardless of whether you get stepped. There's no way to parse out. Okay, well, then I didn't understand what Senator Bridges said.

Alfredo Kimother

I need to clarify for the committee.

Vice Chair Bridgesassemblymember

My recommendation was to remain at an 88-12 split.

Alfredo Kimother

So I think the intention is to fully cover the one-year increase cost in HLD. That's right.

Vice Chair Bridgesassemblymember

Madam Chair.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Withdraw my previous motion. For the HLD adjustment, I move that we cover this year's increase in costs in HLD to ensure, for all employees, but to ensure that even those who don't receive a step or step-like increase don't see a decrease in their pay.

Senator Kirkmeyersenator

Did you have a question?

Representative Taggartassemblymember

Rep. Tigard.

Senator Kirkmeyersenator

Thank you, Madam Chair.

Representative Taggartassemblymember

I appreciate what you're saying there, and I'll support you. I must say for the future, I'm going to continue to say that it is not a good practice to do 100% year after year. employees of any organization have as much impact on health costs as anybody, and they make their own decisions as it relates to their lifestyle. And I just firmly believe, and I understand it this year, but I'm going to continue to say they need to have skin in this game. But this year I understand because of some of the other actions that you've taken. I don't think it's a good practice.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Thank you, Rep. Taggart. And I think it's a different conversation if we had given it across the board. But given that we have not done that, to have a state employee that gets a paycheck in January, or gets a paycheck in July, because we have our fiscal year, that is less than the paycheck they received in June, that's not treating our state employees fairly. So I hear you. I think this year it's important that we make this adjustment.

Senator Kirkmeyersenator

Senator Kirkman.

Vice Chair Bridgesassemblymember

So why would it have been less? Why would their paycheck be less?

Vice Chair Bridgesassemblymember

If we do not increase the, if the state doesn't absorb the increased cost to the health insurance, and people aren't getting across the board increase and they don't get STEP, then what will happen is HLD will cost more and more will be deducted from their paycheck So the amount that gets deposited in their bank account from one month to the next will end up being less

Senator Kirkmeyersenator

Senator Kirkmeyer.

Vice Chair Bridgesassemblymember

Okay, I understood that, but their actual paycheck, what they're getting paid, is not being reduced. It's just not being increased. And if we change their benefits, we're now adding to their paycheck, essentially. I think, yeah.

Senator Kirkmeyersenator

Let's go to that. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Let's say you're getting $100 in June and you get $100 in July. If your health care costs $10 in June and it costs $12 in July, what's deposited in your bank account is $2 less than what you got in June. What we're saying is that we will pay for that $2 increase so that what you get in July is the same dollar amount deposited into your bank account as what it is that you got in June.

Vice Chair Bridgesassemblymember

I understand. But you keep saying that it's not decreasing their paycheck. But their pay is going to remain the same. We're not reducing their pay by not giving them an increase. What we're doing is we are increasing how much we pay for their health insurance, and they won't have any skin in the game on paying for their own health insurance. They're still paying the 12%. They're still paying. State employees still see a reduction. We would be paying 88%. We're paying the increase to continue staying at 8812.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. We're paying whatever it is it costs to ensure that the amount they deposit in their bank, right, that the dollar amount that they have to use to pay for groceries, housing, taking care of their kids, whatever it is, that the dollar amount that they see coming into their account in June is the same as what they see in July, that they don't see a decrease in July. The total compensation package will include an increase because we will be paying for whatever the increase is in their health care costs. but the key here is that what is deposited in their bank account will not go down in July from what it was in June.

Vice Chair Bridgesassemblymember

Senator Kirkmayer. I understand that. So essentially we're paying for the increase in the health insurance premiums for our state employees. Yes. And we're doing that with our taxpayer dollars, and yet at the same time our taxpayers are paying for their own health insurance increases in their premiums. I mean, we keep talking about what's fair to the people who are employed at the state. How about what's fair to the taxpayers of the state of Colorado? They are seeing increases in their health insurance premiums that they're going to have to just suck it up, and it comes out of what they bring home from their pay. Yet for state employees, we're going to pay that with taxpayer dollars. That's how it's working out.

Vice Chair Bridgesassemblymember

Yes, because I think that taxpayers also believe that they should have access to the programs and services that they are paying for. And if we don't have state employees to do those jobs because their take-home pay is less, so they went and got a job somewhere else because state government wasn't willing to actually just maintain a bare minimum. They're not getting an increase, but if we are not maintaining this bare minimum, then I'm not sure that state employees are going to continue to feel incentivized to stay here or to start work with us. And I think that is an important calculation in ensuring that taxpayers are actually able to access the programs and services that they are paying for Vice Chair Bridges Thank you Madam Chair It about take pay It is about making sure that state employees don't see a decrease in take-home pay. I think if there's a disagreement on this committee about whether some state employees should see a decrease in their take-home pay or not, I'm comfortable telling the people of Colorado that I made a vote to make sure that no state employees saw a decrease in their take-home pay. Some didn't see an increase. Some did see an increase. But we made sure that at least no state employees saw a decrease in their take-home pay. I'm comfortable going out to taxpayers and telling them that we voted to do that.

Senator Kirkmeyersenator

Senator Kirkman.

Vice Chair Bridgesassemblymember

And that's fine. You get to do that. And I get to be comfortable in what I'm saying is, and essentially what we're saying is, that to our taxpayers, you get to suck it up when it comes to the increase in your health insurance premiums, and then you also get to pay for the increase in health insurance premiums for state employees who are not getting any reduction in their paycheck. They are getting, and they're not also going to have to pay for the increase in their health insurance premiums because your taxpayer dollars are going to do that. Our taxpayers, most of them are barely making it, getting by month-to-month kind of thing. We saw on the forecast how they're charging more on their credit cards. They're going into more debt. They're having a hard time making it. Everyone's complaining about their property taxes, which is not our fault, by the way. But it just goes on and on. And we talked about the unaffordability in the state, and yet you want to say to taxpayers that, yeah, you pay for your own increase in your health insurance premiums, and you also get to pay for the increase in the health insurance premiums for state employees. Well, that's what this is about. It's not about making sure that paychecks, that they're getting paid more or they're getting paid less or whatever. Their paychecks are going to be the same as they were. It's the reduction for the cost of increases to health insurance. And so you're saying taxpayers get to pay for that. That's what this is saying. Just so we're clear. I mean, I think it's great that you want to make sure everybody else is held whole while our taxpayers are paying for their health insurance increase.

Vice Chair Bridgesassemblymember

I would actually remind you that taxpayers are not being held whole, actually. H.R. 1 gutted our health care system so that we have constituents all across the state paying thousands of dollars more on the private market because, on the exchange, because of choices that were made in D.C., which I happen to think are devastating, and I never would have voted to do that. I think that was a terrible idea and will have terrible impacts on the state of Colorado, the people of Colorado. And I am actually quite comfortable in this decision to ensure that we are trying to keep state employees' paychecks whole. And also, the state is an employer. Every employer has the ability to make a decision about how they want to address their bottom line, their costs, and some of them may in fact make different decisions about how they do or don't cover health insurance. Though some of them can't even afford to cover health insurance, particularly if they are small businesses trying to cover their employees on the exchange. It is really difficult.

Senator Kirkmeyersenator

Rep. Brown, did you have your hand up?

Vice Chair Bridgesassemblymember

Yeah, I just wanted to say that in 2026, 78,000 Coloradans saw reduced or eliminated federal financial help. And especially for those folks who make over 400% of poverty, which for a 60-year-old in Denver is somewhere around $60,000 to $70,000, They receive no financial help anymore, and they end up paying 20% of their overall income for their health insurance. We are at a remarkable moment in our ability to fund health insurance, and it is not anyone's fault, including the employees, that insurance premiums went up by 20 percent or whatever they were, even in the large group market last year. and I do not think that we should penalize people and their take-home pay because the insurance industry and health care industry cannot keep their costs down. So I will be happy to support this motion.

Senator Kirkmeyersenator

Senator Kirkmeyer.

Vice Chair Bridgesassemblymember

I agree 100% with you that we shouldn't penalize people and their take-home pay, and I'm talking about the people who are the taxpayers in the state of Colorado. We spent six days in a special session increasing thousands and thousands, millions, quite frankly, of taxes on businesses who will now also have to help pay for more taxes and have to pay for their employers. You're right. The state is an employee, is an employer. They get their revenues from taxpayers. They're taxes that are paid in by taxpayers. Those would be businesses. Those would be regular people just like all of us. So I don't think we should penalize the people. People have to figure out how to increase and pay for their increase in health insurance premiums themselves. Yet if you're a state employee, your taxpayers get to help pay for their increase in their premiums. That's what this is about. So we can go on and on, but that's what this is about. Our revenues are from taxpayers. That means businesses and individuals. And we've increased their taxes in this state, made sure that they went right back up. I will also just remind folks, this was from way back many months ago,

Vice Chair Bridgesassemblymember

we got the total comp market report, which said that basically the total compensation package is 9% below the market. If we are already not competitive to the market, and the idea is that we should then make decisions that reduce state employees' take-home pay, in the aggregate, we are just going to fall further and further behind. So, yes, you could take the dollars that we are putting toward total compensation here, and you could rework them so that it shows up differently and it's not in the HLT adjustment. But the decision that we are making today is to ensure we are doing the best we can for all of our state employees with the limited resources that we have to, again, ensure that state employees' take-home pay does not go down. with the decisions that we make in this tight budget.

Senator Kirkmeyersenator

Did you make a motion?

Vice Chair Bridgesassemblymember

I made a motion.

Senator Kirkmeyersenator

All right. Seeing no further discussion, is there any objection to HLD adjustment? That motion passes on a vote of 5-1 with Kirkmeyer objecting.

Vice Chair Bridgesassemblymember

Madam Chair, will there be a footnote or something that makes sure that we understand that it's a one-time deal? Mr. Cum. Thank you, Madam Chair. There is no footnote contemplated for this and has not been recommended.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. It my deep hope that we are able to increase salary next year for state employees in a way that is at least reflective of what we see in general market increases AND THAT THIS IS NOT THE KIND OF thing we have to do moving forward I think that the conversation to be had with the executive branch about how it is that the budget committee responds to state employee compensation is one that we should continue to explore. This is not great for us. I think it's not great for state employees, and it's not great for the executive branch either. So I don't think we need a footnote saying this is one time.

Vice Chair Bridgesassemblymember

I would actually put a footnote in. My preference for a footnote is to be that, yeah, we are going to do what we can every year to make sure that at the very least, state employees don't see a decrease in take-home pay. That's my commitment.

Vice Chair Bridgesassemblymember

So I would not like to have a footnote in here that says this is a one-time deal. It's a two-time deal or a three-time deal or however many-time deal we need to make it to make sure that we're taking care of our state employees. Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. I respect your folks' position, but I will continue to say the employees as a group of individuals have the most influence on keeping costs at bay, other than the market side of things, and not having them involved in making lifestyle decisions that can help lower the cost of health insurance is problematic to me. And I said, this is the second year I've gone along with this, but I'm going to continue to voice employees do influence these rates significantly.

Senator Kirkmeyersenator

Okay. Thank you, Mr. Kemp.

Vice Chair Bridgesassemblymember

Thank you.

Senator Kirkmeyersenator

Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. Mr. Kemp, could we now get a chart so we know what we just did? because I think everybody's saying that ignore 888, and I appreciate that, but I have no idea what we just ended up doing.

Vice Chair Bridgesassemblymember

Absolutely.

Senator Kirkmeyersenator

Okay. All right. Let's, if everyone has the stamina to take up DOC, let's, do you want a break?

Vice Chair Bridgesassemblymember

I wish I had a break.

Senator Kirkmeyersenator

Okay.

Vice Chair Bridgesassemblymember

Well.

Senator Kirkmeyersenator

Five minutes.

Vice Chair Bridgesassemblymember

Five minutes?

Senator Kirkmeyersenator

Yeah. I mean, we're back at 1.

Vice Chair Bridgesassemblymember

Done.

Senator Kirkmeyersenator

I'll have to go eat.

Vice Chair Bridgesassemblymember

You're done at 1?

Senator Kirkmeyersenator

No.

Vice Chair Bridgesassemblymember

No, no, no.

Senator Kirkmeyersenator

We're back at 1.

Vice Chair Bridgesassemblymember

At 1?

Senator Kirkmeyersenator

That's 5 minutes.

Vice Chair Bridgesassemblymember

Yeah.

Senator Kirkmeyersenator

Well, some of us don't have our lunch in front of us. All right.

Vice Chair Bridgesassemblymember

How about do people have their lunch here?

Senator Kirkmeyersenator

20 minutes? Yeah, 20 minutes would work. All right. We'll stand in a 20-minute recess. Thank you. Thank you Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you Thank you. Thank you. The joint budget committee will come back to order. We have some remaining items in the Department of Corrections, and my tabs are not the same as everyone else's tabs. Although, maybe are we talking about, we have two things that we have not, maybe three things we haven't addressed. First is the, it was a comeback on the beds. Is that correct, Mr. Bracke?

Vice Chair Bridgesassemblymember

Do you know which number that was?

Senator Kirkmeyersenator

It's in our comeback packet?

Vice Chair Bridgesassemblymember

Yeah, it was OSPB comeback packet, number 14 on page 35.

Senator Kirkmeyersenator

OSPB.

Vice Chair Bridgesassemblymember

OSPB, this one?

Senator Kirkmeyersenator

The big one? Okay. Number 35 or page 35? Page 35, number 14. Thank you. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move.

Senator Kirkmeyersenator

You good?

Vice Chair Bridgesassemblymember

No, I haven't even got to the page yet. Great. We'll hold it. Madam Chair, what I will be moving here is essentially just the original governor's request, which I think was also staff rec. Is that accurate? Great. Also, I'll be moving staff rec for Comeback 14. Page 35. 35. Page 35. And that we had been holding off on this decision item to ensure that there was work going on across the street to make sure we are trying to address caseload from both directions. If we are going to be improving an increase in beds because more people are either being assigned to DOC or are staying longer than they need, we need to ensure that we are working on these prison population management tools so that we are not keeping people in DOC longer than is necessary if they are eligible and safe for release. So we have, I think, received feedback from our colleagues that these conversations have gone well and are moving along. And so I am comfortable approving the request today.

Senator Kirkmeyersenator

Did you make the motion?

Vice Chair Bridgesassemblymember

I did not.

Senator Kirkmeyersenator

Senator Amable.

Vice Chair Bridgesassemblymember

I'm not sure, did we factor this in or is this already, how does this affect the final balancing here? Mr Bracke or Director Harper It is not in our system It our current system reflects the original denial of the request Okay Okay Thank you Good.

Senator Kirkmeyersenator

We were good to begin with.

Vice Chair Bridgesassemblymember

Good to move on. Yes, thank you. I read through it. Thank you.

Senator Kirkmeyersenator

Madam Chair? Yes.

Representative Taggartassemblymember

Thank you, Madam Chair. I move staff recommendation regarding Comeback 14 DOC R1 BA 01 prison caseload, which is also a department request. Are there any objections?

Senator Kirkmeyersenator

That passes on a vote of 6 to 0. And then, Mr. Bracke, you had a proposal that we had discussed on shift relief factor.

Vice Chair Bridgesassemblymember

Is that this? I don't know if people need new copies of it.

Senator Kirkmeyersenator

Which tab? Oh, there it is.

Vice Chair Bridgesassemblymember

Packet 19. It's in the slate packet.

Senator Kirkmeyersenator

Slate. The Yankee Candle Fiber is slate.

Vice Chair Bridgesassemblymember

Yep, I do.

Senator Kirkmeyersenator

Thank you.

Vice Chair Bridgesassemblymember

Do you have it?

Senator Kirkmeyersenator

It's owned by the same company. They owns my old company.

Vice Chair Bridgesassemblymember

Yep, they own my own.

Senator Kirkmeyersenator

So we talked about it. You brought us a proposal, you drew your proposal, but we said, but actually maybe we really should be trying to figure this out. And so could you come back with maybe a pilot?

Vice Chair Bridgesassemblymember

Mr. Bracke. Thank you, Madam Chair. Yeah, that's what's in here. My re-revised recommendation. Re-engrossed, I don't know, whatever. staff recommends a net increase of 10.9 million and 138.3 ft at the prisons in the doc's east canyon city complex talking to them that's kind of where they thought it would be the best place to start and i agree you can see all the numbers laid out there in terms of kind of the relationship between overtime hours during the calendar year 2025 the number of shifts that non-security personnel are working at those facilities and then the related cost. You see that after factoring in a reduction of the overtime line item, it comes out to $10.9 million in FY2627 and annualizes to $13.3 million in the following year. I agreed with them that it would be a good place to start in the East Canyon complex because they're better able to hire folks there. but still there are a number of folks that are out on leave and the overtime issue is pretty prominent there as well i'm proposing a 20 offsetting reduction to the overtime line item in our original conversation i guessed around 30 but given where some of your more problematic facilities like buena vista sterling and the denver complex are unaffected by this i backed it off a little bit down to 20 which i think is still pretty aggressive helps you balance and there's going to be a lot to figure out next supplemental time. So that's my recommendation there and it comes out to a net of 10.9 million. And then on the next page is just some additional context for the recommendation and some things for the department to think about when they come forward, if they come forward next year with an expansion of this.

Representative Taggartassemblymember

Rep Taggart. Thank you, Madam Chair. And thank you, Mr. Bracke. I really appreciate you I know we talked about this quite a bit, and I like the concept of a pilot, and I appreciate that you have taken it and completely flushed it out. So thanks. That's a big help.

Vice Chair Bridgesassemblymember

Senator Amable. So, Is everybody confident that they're going to find 138.3 FTE in the locations that you're to work in the pilot facilities? Mr. Brackey. Thank you, Madam Chair. Senator Maboy, the data suggests that their ability to hire there is pretty good compared to the rest of the system. I got first paragraph there on page or towards the bottom and the reasons for the recommendation. their vacancy rate on paper there is pretty low. It's like 7% as compared to other facilities like Buena Vista where it's closer to 30. So I thought it was a good place to start for that reason. And they're also struggling with overtime based on people on leave. So it seems like a good test case. Were there other locations that you would have considered as well as, you know, if there were two places you would pilot? I think the East Canyon Complex is a pretty reasonable place to start. I mean, on paper, linemen are doing okay right now, but historically they've struggled, so it's hard to know what kind of fluctuations would happen there. Sterling and Buena Vista are kind of in Denver Complex would require, I think, different solutions beyond just this, given their persistent struggle to hire. And then after that, you're getting into like rifle and Delta and some of the other smaller level one facilities. So I think in terms of just the number of overtime hours being worked in these Canyon complex relative to their probable ability to hire, it seems like that's as good a place to start as any. Okay.

Senator Kirkmeyersenator

Let's do it. Any other questions for Mr. Bracky?

Vice Chair Bridgesassemblymember

I will say I know that we are in a difficult year, but I am, I also am very concerned about the status of our facilities within DOC and what is happening with staffing and the anxieties expressed by the folks working there. and the challenges that they are facing as we're asking, well, it's not listed in here, but, you know, in Mr. Brackey's other paper about, you know, teachers and social workers and other non-correctional officer, people working in those roles, having to take on the roles of correctional officers and what that is doing to morale and our ability to actually maintain safe and secure environments. So, Senator Mobley.

Vice Chair Bridgesassemblymember

Yeah, I'll say I agree with that too, but I think the point of the pilot is to see if this actually accomplishes what it's supposed to accomplish. And so I'm comfortable funding this one, but I would struggle to do more until we have some results. I just have a quick question.

Senator Kirkmeyersenator

Senator Kirkmeyer.

Alfredo Kimother

And the total cost to the general fund, is it 10.9 million or is it actually, do we have to add on this para unfunded para liability as well? Or did we already do that?

Alfredo Kimother

I think we did that.

Alfredo Kimother

Did we do that, Mr. Brackey?

Alfredo Kimother

I sure you have not acted on that next We address that next And I recommending that you don approve next year request on account of trying to true up the relief factor And then next supplemental time you may have to true up some stuff some more But this unfunded para liability would apply across DOC, not just to East Canyon where we're doing this. so what do you but you think we should just not do it anyway Mr. Reckie Madam Chair there's a few reasons the pilot helps but there's also other areas where they've been using vacancy savings to cover shortfalls such as in the contract clinical staff which you've already plussed up by $10 million so I don't know that I could say that they could use vacancy savings to cover any shortfalls next year but they're in a better position fiscally now with respect to compensation than they were when the fiscal year started. So my sense is to move forward with these recommendations, and then if things need to be trued up a little bit at supplemental time next year, then we can kind of see where they're at with all these different hiring. And so you've put them in a better financial position, which is why I'm recommending against the unfunded liability for next year and then kind of figuring out as we go. Okay. Good.

Alfredo Kimother

So is the cost $11 million, not $15?

Alfredo Kimother

I think possibly. Yeah. Yeah, $10.9 net. And then plus the reserve. Ah. Yeah, plus the reserve, I guess. All right. All right.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move staff recommendation, staff initiated, SI1, shift relief factor outlined by Mr. Brackey on page two of the slate, comeback memo packet.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of six to zero. Okay. And now the next one, BA4, Mr. Bracke.

Alfredo Kimother

Yeah, that's correct. So on page four of the slate packet, I am still recommending that you approve the increase in the current year, given the demonstrated shortfall. And I'm recommending that you don't approve the increase for next year on account of some of the actions you've already made and then figuring it out as we go next year. Okay.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move staff rec BA for unfunded pair liability shortfall. Re-revised, I guess. The re-revised reimagined recommendation for FY 2627.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of six to zero. It doesn't say cost us money. It's just zero. And then, Mr. Brackey, I don't know if we call it, I'm unclear of what to call this.

Alfredo Kimother

There was a comeback. It wasn't really a comeback. that was an idea to purchase a prison, which is not really palatable to anyone sitting here for a variety of reasons. But then there was also the,

Vice Chair Bridgesassemblymember

and we also have not approved the fence And I don know do we need to take that up specifically I don actually know where our decision was if we made one or not or if we just did nothing on the fence request

Alfredo Kimother

It's just part of controlled maintenance. They did a comeback. So maybe we don't need to take it up.

Vice Chair Bridgesassemblymember

But if we are going to proceed on, like we're not going to approve the fence, There is still the concern for the projections, the new projections for the prison population that came in December and how to address that and the fact that these projections are saying that we will need more capacity than we have sooner rather than later.

Alfredo Kimother

And I understand that OSPB or DOC has provided you with some numbers about what they would need to do in order to start contracting for some additional capacity.

Vice Chair Bridgesassemblymember

And I wonder if you might share with us what they are proposing.

Alfredo Kimother

Yeah, Madam Chair, I can't speak necessarily to the details, just the numbers. and what I'm seeing is that it would come out to about $5.9 million without considering the reserve and FY26-27 potentially annualizing to $40.7 million the following year, which would be addressed via normal caseload stuff. I think the details that I'm lacking here are any potential contractual obligations they might incur in the negotiation of that contract.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Chair. I'm sorry. Did you say it annualizes to $40 million?

Alfredo Kimother

That's the way it's been calculated in the documents I've seen. So it would go, the calculations are assuming that they would pay for 400 beds in Q4 of FY26-27, and then 752 beds for a full year in FY27-28, which drives up the cost. And part of the other factor driving up the cost is the higher per diem rate, So it would be $115 ostensibly in 26-27 going up to about 120 in 27-28.

Alfredo Kimother

Senator Kirkmeyer. But if we were to do this this year, it gives us some breathing room to try and figure out a path forward, correct? Yeah, Mr. Brackey, what does that entail in terms of what are they saying the length of contract? What are we committing to?

Alfredo Kimother

Madam Chair, I do not know. I think my recollection in the comeback, and I'd have to find the specific pages, I've heard a tale of kind of in whatever the negotiated contract is, contracting for a certain minimum number of beds at a facility. I just don't know any of that. I haven't done any analysis on it. I just know what the numbers are.

Representative Taggartassemblymember

Senator Mobley. My understanding was that, and I don't know where I got this understanding, but was that it was for five years. So it sounds like we will be lining up to spend $160 million plus the five. So four years of full capacity and one year of the fourth quarter. That's $160 million? You said it was $40 million a year ongoing. Yeah, for the four years. for five years. So it's four years at the, well, I don't know. I mean, I have no idea how the contract is. It's at least that.

Senator Mobleysenator

Vice Chair Burgess Thank you Madam Chair Does the would a fence the fence we discussed have any impact on this particular group of folks that we would be paying for here or is that a different level of custody

Alfredo Kimother

Mr. Bracke. Thank you, Madam Chair. it potentially gives the DOC more flexibility to move people out of level three and into level two. I think that's the core argument of the fence that they want at Delta. But it doesn't address, the fence at Delta doesn't expand the number of beds point blank that the department has in total. The projection suggests it needs additional beds, which is where the contract at Parfano County or wherever it would be comes up for that additional capacity. they would need that raw number of people that they're projecting to come in. So the answer is both. Like it would help them manage their level three capacity, which the private facility would be. But it doesn't help you with necessarily the number of people they're projecting to come into the department. I hope that made sense.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I think the question for the committee and the question for Mr. Brackey here is, is this the sort of thing where we, like, move a placeholder? I mean, if it's Q4 at the end of next year, I think it's irresponsible for us to say that we're not going to build this into next year's budget. But I also know that folks are working on alternative plans for this and to say, yes, we're locked into five at the end of next year for Q4, and we're going to be spending 20 every year for the next four years. Forty. Forty. Sorry. Wishful thinking there. That number is so high. If we're spending 40 every year for four more years, it just feels like we ought to be doing some work in figuring out some other alternative here that isn't $40 million a year. And whatever that might look like, I don't think it looks like a new prison, But if it's $40 million a year for four years that we get locked into, then I don't know how that conversation goes the rest of this particular legislative session and certainly between now and next year. I don't know. Mr. Brackey.

Alfredo Kimother

If I may, that part of the issue here is that we don't know what contract they will negotiate. So it's my understanding that there may be a desire to appropriate some amount of money in the event that these beds are needed. I don't know that necessarily without, you know, not being a lawyer, the General Assembly appropriates the money at the rate they set in the long bill. That's what statute says. Figure setting next year would entail some level of decision making with respect to the number of beds you'd appropriate in 27-28. If it's less than what the forecaster currently suggesting, that would suggest that somewhere you could trim the budget to account for caseload not being what it's currently projected to be. So the decision-making process next year, I think, is a separate issue. It's just I think what they're saying here is the total cost of this facility at full operation is $40 million a year, which I don't necessarily know that you're obligated to fund if you're funding FY2627 for Q4 only. And I'm also, I guess, being told that if we, if It did contract for that facility and fewer beds were needed. That means also that some other beds could be reduced in other facilities, as well as potentially a reduction in the jail backlog line as well. So I don't know that there's maybe clarity on how all of these decisions net out. it all depends on on what they're negotiating in their contracts to an extent but at the end of the day you're appropriating the money right they have two other private facilities that are owned by the same company at benton crowley county and i would presume that if you needed to adjust based on the forecast you could also adjust those beds as well the only caution being if you're going to take state beds offline, that's considerably less money.

Representative Taggartassemblymember

Senator Imobley. Thank you, Madam Chair. I mean, I would be reluctant to have as our plan be that we put more money into this private prison and then have less people in our state-run prisons in the event that we don't actually need all of that capacity because it's cheaper for us to do it ourselves and also because my understanding is that people get more of the services that they need at the prisons that DOC runs and that a lot of those things are not available to people in the private system. And so I'm comfortable saying, hey, we think it's going to be $5 million in this budget year, but I don't really want to, I don't know what our role is in saying whether this is a good contract to sign or not. But I guess I'd like to see a more robust plan because today's the first time I heard that, well, if we don't need all of that, we'll still have to pay for it because we've contracted for it, but we'll just shuffle people around and have less people in some other place. That wasn't my understanding of what was going to happen. Being asserted was first lowering the jail backlog and then other private beds. Yeah, but it sounds like we're having to make a commitment to fill this new facility. And I just, I don't know. If there's some doubt about whether that's needed, I would like to understand that. Well, I don't think the administration seems in doubt, but Senator Kirkmeyer.

Alfredo Kimother

So I guess I'm I think we're all trying to figure this out. So what what we've approved, my understanding is what we've approved is prior to even to today is essentially to add capacity to Delta, Buena Vista and Sterling. And I thought that was supposed to be 933 beds. And then we came back and heard because we don't have the fence, we don't get to do added capacity at Delta. Is that correct?

Alfredo Kimother

Mr. Brackey. Madam Chair, Senator Krueckmeyer, you can still add the 288 beds at Delta. I think the department would assert they would have trouble filling all 288, but the fence isn't a prerequisite to bringing those beds online. It's just a question of how many people they can actually put in those beds. So the fence and whether or not you can appropriate money to add capacity at Delta are two separate issues. Okay.

Alfredo Kimother

Senator Krueckmeyer. Thank you, Madam Chair. SO BUT ESSENTIALLY WHAT WE HAVE AGREED TO IS FUNDING ADDITIONAL CAPACITY AT DELTA BUENA VISTA AND STERLING AND THAT WAS AROUND 900 PLUS BEDS I WANT TO SAY 933 but I don know exactly anymore So about 900 plus beds And that would reduce the jail backlog down to what we budgeted for which was like somewhere around 300 beds in the jail backlog instead of the 681 or whatever it was getting up to. Is that correct?

Alfredo Kimother

Mr. Bracke. Madam Chair, Senator Kirkmeyer, that was the assumption in the request, is that by bringing the 930, 40 beds online, they'd be able to draw down the local jail backlog to a point that's considerably lower than where it is now, around 600 or 700. So by considerably lower than 600 or 700, because I think at one point it was at 681, the last time I think we had this discussion about it, and we had budgeted for basically something less than 300. So we're talking like 400 or 500,

Alfredo Kimother

Because I'm trying to figure out then additionally, they're saying that we're going to need another 700 plus beds within a year. Mr. Bracke.

Alfredo Kimother

Thank you, Madam Chair. Senator Kurt Meyer, that's correct. I think, yes, the budget currently assumes that there will be an average daily population of about 330 folks in local jails after bringing on the 940 beds that you've already approved. And what they're saying here is that the forecasters suggesting they need an additional amount of capacity somewhere else. In part, I might add, because the 300 beds at Centennial South are taken up by the project at Sterling.

Alfredo Kimother

Senator Kirkmeyer. And so whose forecast is that? Is that their forecast? Because we're in our fourth year. three of us are in our fourth year being on the Joint Budget Committee. One year it goes up, the next year it goes down dramatically, then it goes back up, and then, like, I don't know, four hours later it goes down, and a couple hours later it goes back up. I mean, that's how it's been going. I mean, isn't that how it feels?

Alfredo Kimother

That's true.

Alfredo Kimother

You know, so, and after the audit we saw with regard to the Department of Corrections, I mean, if that's your forecast, I would probably rely on it a great deal, but if it's the Department of Corrections forecast, I'm thinking they could come in here next month and tell us, oh, no, we're way off, and we don't need another 400 or 700 or 1,000 beds because we don't really know what we're doing. So I don't know. That's just my frustration. I'm sure you're frustrated more. But, I mean, like where did they get the forecast from? I don't have any reason to trust their forecast. Sad to say, but I don't.

Alfredo Kimother

Can you call on her and Senator Immobile? Yes, and that was Senator Immobile speaking.

Representative Taggartassemblymember

No, I mean, we've been on that same page together as a joint budget committee. That's why we asked for the audit of the Department of Corrections. And, you know, quit pulling stuff out of the air and start giving us some real numbers.

Representative Taggartassemblymember

Rep Taggart. Thank you, Madam Chair. I've only been here for three years, and this debate has done this yo-yo all three years that I've been here as well. So might we consider for the contract to press that into a supplemental if absolutely necessary rather than putting it in the long bill? Because we do have 940 additional beds that we placing in there and we opening up another 350 beds basically in county jails I just wonder could we hold and do that part as a supplemental if it is necessary given this yo we been going through

Alfredo Kimother

Yeah, I think what I'm hearing from OSPB is that they are saying that it is necessary and that they need the time and the runway to contract. I don't know. I think it's a reasonable question to ask. Can we just set the money aside in the case that we need a supplemental? But I think they're asking for it now because they're going to start working on a contract now.

Representative Taggartassemblymember

But that means we're increasing 1,600 bets. Does that sound... By the end of the year. Yeah, I mean, none of this is what I would like to do with the money. But that's 10% in addition to the population we have today. That's a full 10%. It's just, yeah. Do you like the numbers, Mr. Bracken?

Alfredo Kimother

Warms the cockles of your heart. So I heard a couple questions there about kind of the forecasting and also whether this could be done as a supplemental. Is that kind of the general?

Senator Kirkmeyersenator

Yes.

Alfredo Kimother

So, yeah, the forecasts, they're done by the Division of Criminal Justice in the Department of Public Safety and by Legislative Council staff. They're basing their, the DOC and OSU are basing their numbers on the Division of Criminal Justice forecast, which is higher than the LCS forecast. They're not off by a ton, but the DCJ forecast is higher by a couple hundred beds for FY26, 27. And you're right, it has kind of seesawed quite a bit in the last three or four years. Part of the issue is that forecasters can't account for potential changes in decisions. And one big change in decisions was the decline in discretionary paroles following some of the DOC's challenges on parole in addition to a new risk assessment used by the parole board to assess risk. So there are some short-term factors that are built into this new forecast that weren't in the past forecasts. The last time there was a big increase in the prison population in the forecast in 2023, it ended up evening out and not being nearly as dramatically increasing as they thought. It's hard to say, though. Nobody has a crystal ball in terms of the forecast. But the number, the 400 beds that they're projecting to need is by the end of FY26-27. And what you've approved is based on the average for the fiscal year. So in terms of whether you could do it as a supplemental, I think I would probably agree that they do need a bit of a runway to get these beds up and running. I think the question is, what would it cost to pay CoreCivic to get those beds ready just in case? And is 400 the right number of beds to budget to? The other factor worth considering here is there's kind of a, actually, I'll just leave it there. That's.

Alfredo Kimother

Well, Senator Kirchmeyer.

Representative Taggartassemblymember

You sure you didn want to say Senator Mobley on that Now I just going to say I guess I would probably feel more comfortable with a supplemental type request And I understand they might need more of a runway, but seriously, the lack of ability to forecast with any certain kind of confidence and trust is just not there for me with their forecasting. and so it's hard for me to say, yeah, we should just go open up a, you know, pay for a whole new facility to, of course, Civic Corps to, you know, open up a private prison when we don't even know that that will handle the type of prisoners that we need to have handled kind of thing. So I think, again, this is back to this department. I mean, I don't know how they couldn't come in and told us in January that instead of needing 933 beds or 940 beds, that they actually needed 1,500 beds or something of that nature. I mean, like they just don't ever look down the road, so that's why it's hard for me to do this. So I'm either we do a supplemental or we just wait and they can come back on a supplemental. I mean, unless they can do a one-year contract and only do 400 beds at whatever cost we said it was going to be, then I'm not for doing any more additional dollars yet until they have a better plan and something that looks more like we could believe it.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I'm also not in favor of doing more dollars until we have more info, but I'm also not in favor of knowing that there's probably a $5 million hole in our budget before the end of next year. So is there some way to do like a trigger or some sort of like pre-supplemental that gives them the runway they need to negotiate the contract and bring the beds online without saying right now, go and open those beds in the moment. It's more than a year away. Yeah, it's essentially like a placeholder for a pending supplemental, not for a bill this year, but for a supplemental that we expect will come.

Alfredo Kimother

Mr. Bracke. That might be a balancing question for Mr. Harper. I don't know how you would account for that in your balancing.

Senator Kirkmeyersenator

And Director Harper, could we do that?

I

Thank you, Madam Chair. Craig Harper, JBC staff. Mr. Vice Chair, if you all tell me to account for a dollar amount as a placeholder for future action, then I can certainly account for a placeholder for future action.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. Move for a placeholder to balance everything right now. I think I'm going to try to do it. That's why we're here. That's great.

Senator Kirkmeyersenator

Madam Chair, thank you. Motion withdrawn.

Vice Chair Bridgesassemblymember

Move for a $5.9 million placeholder for potential DOC supplemental for caseload.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6 to 0. Okay. Okay. Do we have anything else with you, Mr. Bracke, on DOC or DCJ?

Alfredo Kimother

We've done it all. Not that I'm aware of. Okay.

Senator Kirkmeyersenator

Good answer. That could change. Okay. What can we get done next?

I

Director Harper. Madam Chair, I would think you just picked it up.

Senator Kirkmeyersenator

You have a memo at your place dated today from Ms. Curry, dated.

I

DATED TODAY, JBC staff come back technical adjustments. You don't necessarily need to make any Any decision on this today, or frankly, you've already given a motion that allowed me to make these adjustments. We just wanted to put them in front of you. That authority saved you 25 potential comebacks from JBC staff. This is the list of the ones that I approved. It is small dollar amounts with a couple of exceptions. One is a reappropriated funds adjustment to align with your action in a different department. and there's a $3.7 million increase in federal funds in the BHA. Otherwise, it's small dollar amounts. You'll note in the FTE column on the far right on page two, there is a large FTE adjustment in higher education, but there's no decision item or anything associated with that. That's the net change in FTE across the institutions based on the institution's estimates. Again, you've already approved authority to make these adjustments, but we committed to put it in front of you. So if you had things you wanted to revisit, you could do so before you close. Feel free to take a look at it. And if you have concerns or questions now, then we can bring in the relevant folks or we can address it later. I just wanted to make sure that you knew that you had it.

Senator Kirkmeyersenator

Okay. Any questions?

Vice Chair Bridgesassemblymember

Thank you, Madam Chair.

Senator Kirkmeyersenator

So total general fund impact is $250,000.

J

Ms. Curry. Thank you, Madam Chair, and thank you, Senator Bridges. It's $264,116, it looks like. Sorry, to correct myself, it's $264,116.

Senator Kirkmeyersenator

AND I ASSUME SOME CENTS, BUT WE DON'T GO ALL THE WAY OUT TO THE PENNIES HERE, WHICH IS WHY I SAY WE TRACK EVERY DOLLAR, NOT EVERY PENNY. MOVE TO ADOPT TECHNICAL ADJUSTMENTS. I THINK WE DID. IS IT ALL RIGHT? WE ALREADY SAID YOU'RE OKAY, RIGHT? OK, GREAT. THANK YOU FOR THE HEADS UP.

J

THANK YOU.

Senator Kirkmeyersenator

THIS IS WAY BETTER, I WILL JUST SAY, THAN HAVING TO APPROVE ALL OF THESE INDIVIDUALLY.

J

WE THOUGHT SO AS WELL.

Senator Kirkmeyersenator

THANK YOU. THANK YOU. GOOD IMPROVEMENT TO THE PROCESS.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I have to just needle the potential Secretary of the Treasury. If this is the way he rounds numbers, we could have some interesting times in the future. Thanks, Rick.

Senator Kirkmeyersenator

Okay. We do have another bill packet. Shall we move on to the bill packet? I'm sure. Yes, Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I just want to be clear that I know that the way that we do supplementals is 1331s, and I know that there is a chance that Mr. Abracchi could come in and say, we knew this was going to happen. It's exactly what they said was going to happen. This is, you know, known. But I think that this is a, is there a footnote we can put in to say essentially what we don't know is exactly how we're going to solve this. Other ideas may come up, and when it comes up, if this is the best idea they still have and we all have, that then we accept that as like new information that we didn't know at the time because the committee isn't sure that that is exactly what the new information is. Is that okay? I just want to make sure that we don't deny this for technical reasons.

Senator Kirkmeyersenator

Director Harper.

Vice Chair Bridgesassemblymember

Thank you Madam Chair Mr Vice Chair I think we are now under clear direction from you all to assume that we likely to get a supplemental and I think we will navigate that It hard for me to picture a footnote that would work here but we Navigation away. Thank you.

Senator Kirkmeyersenator

Thank you. Thank you. I KNOW MY SOCIAL STUDIES. OKAY. PLEDGE OF REGENTS. MS. BICCLE. OKAY.

Vice Chair Bridgesassemblymember

AMANDA BICCLE, JBC STAFF, YOU HAVE A REDRAFT OF THE ACADEMIC ACCELERATOR REDUCTION. PER YOUR PREVIOUS, YOUR MOST RECENT REQUEST, IT'S A 5.2 MILLION REDUCTION TO THE PROGRAM, WHICH WOULD LEAVE 3.2 MILLION FOR THE FINAL YEAR, WHICH IS 26-27. So that's what you have.

Senator Kirkmeyersenator

Senator Mobley.

Vice Chair Bridgesassemblymember

It's not about this, and I don't want to divert us for too long, but I did hear from a parent of a kid who is planning to go to college on the TREP scholarship. And what she said was that now her kid can't go to college at all because we haven't allowed enough time for them to figure out an alternative to pay for it. that all the other avenues to pay for college for her kid are passed. And I just wonder, I know we're not talking about that right now, but it just seemed like she compared it to this. Maybe we can talk about it more offline. I mean, I think you had two different alternatives for doing the TREP bill, one of which was to give a longer lead time, right,

Senator Kirkmeyersenator

WHERE YOU WOULD HAVE SAID, WE'RE STILL GOING TO DO SOME STUDENTS IN 25-26 AND THEN HAVE, I MEAN, SORRY, IN 26-27 AND CLOSE OUT IN 27-28.

Vice Chair Bridgesassemblymember

THE COMMITTEE WAS INTERESTED IN DOING IT MORE QUICKLY, SO THAT'S HOW THE BILL IS WRITTEN. BUT, YOU KNOW, YOU CAN ALWAYS MAKE DIFFERENT DECISIONS.

Senator Kirkmeyersenator

WHAT WAS THE COST OF THE DIFFERENCE?

Vice Chair Bridgesassemblymember

THE FULL, FULLY ELIMINATING THE PROGRAM IS LIKE 2.6 MILLION, So I think you get like 1.6 million savings in 26 right now as currently written. You get 1.6 million savings in 26-27, and then you get the full 2.6 in 27-28. I haven run it but I assume your savings would be more like a million or less in 26 if you decided to do the longer lead time But you know within the scope of challenges you dealing with that might feel manageable

Senator Kirkmeyersenator

Rev Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. I'm not quite sure what this parent is saying, but I can tell you from being on senior staff of a university, they're doing financial aid packages all through the summer, all the way up to pretty close to the first day of school. So to say that there's nothing more available is just not an accurate statement. They're bundling financial aid all summer long.

Senator Kirkmeyersenator

Okay. All right, so back to the academic accelerator. Does this draft reflect where everyone thought we were landing on Friday? What's it do?

Vice Chair Bridgesassemblymember

It funds at $3.2 million instead of completely eliminating it.

Senator Kirkmeyersenator

Thank you, Madam Chair.

Vice Chair Bridgesassemblymember

Move to introduce LLS 0887, Reduce Academic Accelerator Grant Program Appropriation.

Senator Kirkmeyersenator

Are there any... Oh, Senator Kirkmer.

Vice Chair Bridgesassemblymember

Can someone remind me again why they need an additional 2.6 FTE when we're reducing the program? That's what it says on page 2.

Senator Kirkmeyersenator

Well, is it funding the 2.6 FTE, Ms. Bickle?

Vice Chair Bridgesassemblymember

That is based on assumption that we require an additional 2.6 FTE. Am I allowed to fill?

Senator Kirkmeyersenator

No.

Vice Chair Bridgesassemblymember

Senator Krookmeyer, you're not, but you'll note this is a 2324 appropriation.

Senator Kirkmeyersenator

So this is the continuation of the staff that they've had since that time, and I'm guessing that with this reduction, they will effectively be taking a reduction in staff, but we don't have a mechanism for doing that because it's a 23-24 appropriation with a roll forward. All right, motion on the table is for introduction of the bill. Are there any objections? That passes on a vote of 6-0. This bill will start in the House and run with the long bill. House sponsors will be Brown and... You don't have to. No. Okay. Brown and Taggart. And in the Senate, Amable and Kirkmeyer. And Sirota and Bridges will co-sponsor. Okay. Thank you. Okay.

Vice Chair Bridgesassemblymember

Director Harper. Thank you, Madam Chair. I think Ms. Pope is checking something in the draft that she has second on the list. So if it's okay, we'll skip to Mr. Catlett.

Senator Kirkmeyersenator

Sure. MTCF, everyone's favorite. Oh, gosh, I love this one. Mr. Catlett, what does this now reflect?

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. John Catlett, JBC staff. So this is your MTCF balancing bill. It basically makes two changes to current law. The first is the change to the distribution of the special sales tax. Last year, you reduced that from 10% to 3.5%. This bill eliminates the 3.5% distribution to local governments and directs that to the marijuana tax cash fund. And the other significant change it makes is that at the end of the fiscal year if there is a balance above the 15 reserve requirement it will direct a transfer to the state public school fund of that balance in the event that that balance above the statutory reserve requirement exists. So it's contingent upon the fund having a balance in excess of the reserve requirement.

Senator Kirkmeyersenator

Okay. All right. All right, Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Move to introduce LLS 0966, Marijuana Tax Cash Fund Distributions. Are there any objections?

Senator Kirkmeyersenator

That passes on a vote of 6 to 0. This bill will start in the House and run with the long bill. House sponsors will be Cerro Brota and Brown. And in the Senate, takers. Sounds great. Bridges and Kirkwire it is. And co-sponsors will be Taggart and Amable. It will be Taggart and Amable. All right. Good job. Thank you. Oh, do I get the call again? So next year on the local share, maybe we'll have to take away some of their tax that they impose. I don't think that they'll find that funny. It's collections for a statewide government. I won't be co-sponsored. All right. Thank you, Mr. Catlett.

Vice Chair Bridgesassemblymember

Ms. Shen and Ms. Connick-Arash. Thank you, Madam Chair. We have for you a bill draft. I think it was discussed earlier this week about transferring some of the proposition EE money that goes to the Tobacco Education Program Fund and transferring that to the Preschool Programs Fund, which funds UPK, and then refinancing $10 million within the Department of Early Childhood as a result. We worked through some of the mechanics, and I think we settled on a transfer of June 30, 2027. In order to sort of try to minimize the impact on the department, I did talk with the department. There will be some impact to their grant program just because Proposition EE money comes in monthly, so it'll take them a little bit to recoup that money, but it's what we got.

Senator Kirkmeyersenator

Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move to introduce LLS 0740 cash fund transfers to general funds. No. Nope. Wrong one. I turned too far. Thank you, Madam Chair. I move to introduce 0 LLS 0980, transfer tobacco ed fund to preschool program fund. Are there any objections?

Senator Kirkmeyersenator

That passes on a vote of 6-0. This bill will start in the House and run with the long bill. House sponsors will be Taggart and Sirota, and in the Senate, Bridges and Amabile. I think it was my turn. I was waiting for fire. All right, and co-sponsors Brown and Kirkmeyer. Thank you. How are we doing over there? We're pretty even. You're behind by about five minutes. Okay. Only four behind. Okay. Okay. Mr. Rickman.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Sam Rickman, Joint Budget Committee staff here with the updated UPTF bill according to what the committee discussed on Friday. In summary, it has...

Senator Kirkmeyersenator

Yeah, and what do you think that is? Because I understand there's maybe been some confusion.

Vice Chair Bridgesassemblymember

Yeah, there was, thank you, Madam Chair, there was a bit of confusion on what date you all wanted to implement ending the adult dental transfer from the UPTF. we are in the bill draft Ms. Bietti had it as ending in 27-28 which was according to the advice of Mr. Kurtz in that there are some taper concerns with implementing it in 26-27 as well as some other mechanical concerns that Mr. Kurtz raised so for those reasons they wanted to have the start in 27-28. That was the large thing that was unclear about this bill.

Senator Kirkmeyersenator

Vice Chair Bridges, how does that comport with what you were hoping to do?

Vice Chair Bridgesassemblymember

Madam Chair, I think what we're saying is that we're going to eliminate all future sort of in legislation transfers out of UPTF that we will be taking funds this year, but it's the last sort of like automatic taking money from UPTF that's in the legislature. Like this year finishes automatic taking, and then we'll talk after the long bill about some sort of deeper dive into UPTF to make sure that we're not, you know, inappropriately taking all sorts of funds out of there that it's not a good idea to take out. Is that what you said, Mr. Rickman?

Vice Chair Bridgesassemblymember

That's basically what I said, but I think what I was unclear. Thank you, Madam Chair. I think what I was unclear about was whether this year meant implementing that change in 26-27 or 27-28. And the bill currently reflects 28. Correct.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I think it should be this year, 26-27, especially if we're going to take another 42 out this year. I don't think it's... 45. Yeah, 45. I think that especially given that we're expecting to hit the TABOR refund cap this year, that taking money out of UPTF that essentially just turns into refunds is possibly, is probably not the best way forward on this. But do you know more about that TABOR number issue that we had talked about?

Senator Kirkmeyersenator

Mr. Rickman.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Senator Bridges, I think the concern is whether how far above the Tabor cap the state ends up being. Right now, LCS projects the state to be about 230 or so million above the Tabor cap. That's well within the margin of error. If it ends up being that the state is below the Tabor cap for 26, 27, then that would have a general fund impact. However, if they remain above the Tabor cap for that year, then it would not have a general fund impact.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I'm definitely not comfortable taking another 45 plus the dental out of UPTF in the 26, 27 years. So if we're going to take that other 45, I don't think we should take dental, especially because all it does is turn into taper refund money, given what it is that we expect the cap to be at. I just throw out an idea that Mr Kurtz maybe he be mad that I say this because maybe he didn mean to say it But there was a thought that what if we took more out of the UPTF to put it in a fund to sort of prepay this dental benefit for a couple years given that we are in this position of like we don know where we at the cap

Senator Kirkmeyersenator

And I see the vice chair doesn't like that idea. I also don't like that. Okay. Senator Gorkmeyer, you had your hand up?

Vice Chair Bridgesassemblymember

No.

Senator Kirkmeyersenator

Oh, Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. I must have missed something because I thought we were bringing all of this, and by this date in here, we were bringing this into the 25-26 year where we absolutely know we don't have a Tabor cap issue. I didn't think we were bringing this in to the 26-27 because I asked the question, which everybody clarified, Rick, if it improves our position for 25-26, that gives us a better starting balance for 26-27, but I keep hearing us discuss that this is coming in in 26-27, and that's not what I understood. I think the transfer is one thing, but then how we treat adult dental is the second question.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. And I think if we take the 45 in this fiscal year and then we also take adult dental in 26-27, that's a double dip essentially in a single calendar year that I think is, number one, not good according to the Tabor limit that we'll be hitting, and number two, both of those in a single, it's essentially the same calendar year. Deeply uncomfortable with that. Sorry, Mr. Kurtz, I didn't mean to call you in like that. But just, you know, as we're talking about how to rectify the situation, I don't know if I misstated your thought. I only heard the start of your statement of it and then was in transit.

Vice Chair Bridgesassemblymember

Race here to correct whatever I said. I don't know. ABOUT THAT. I THINK YOU PROBABLY GOT IT RIGHT. BUT JUST THE CONCEPT WAS THAT BECAUSE YOU'RE BELOW, PROJECTED TO BE BELOW THE TABER LIMIT IN THE CURRENT YEAR, 25-26, AN OPTION THAT COULD BE AVAILABLE TO YOU IS THAT YOU COULD INCREASE THE TRANSFER FROM THE UNCLAIMED PROPERTY TRUST FUND TO THE ADULT DENTAL FUND IN 25-26 TO ESSENTIALLY PRE-PAY FOR 26-27 SO THAT YOU DON'T HAVE TO DRAW MONEY IN 26-27 AND THEN MAKE THE CHANGE TO THE NEW FUND SOURCE OF GENERAL FUND BEGINNING IN 27-28.

Vice Chair Bridgesassemblymember

THANK YOU, MADAM CHAIR. THAT'S A DOUBLE HIT TO UPTF OF A SIZABLE AMOUNT. HOW MUCH IS ADULT DENTAL FOR NEXT YEAR? Mr. Kurtz.

Senator Kirkmeyersenator

Are we estimating?

Vice Chair Bridgesassemblymember

Mr. Kurtz.

Vice Chair Bridgesassemblymember

For 26, 27, it's about 68 million. Vice Chair just Thank you Madam Chair Plus reserve Yeah That and I looking over at Rep Taggart here to correct me on my math here if I miss But I think 45 plus 68 is more than $100 million out of UPTF in a single year, and I'm uncomfortable.

Senator Kirkmeyersenator

Yes, yes, I know. can we get some of the thousands numbers into there so this is you have to care all the way down to the dollar what is that is to me that is

Vice Chair Bridgesassemblymember

too much from the UPTF in a single year since we already in 25-26 paid for adult dental out of the UPTF I'm uncomfortable taking another 68 plus 45 out of there this year I would much prefer to, if we're going to take money out of it this year, we'll take the 45, we'll eliminate the ongoing adult dental payment out of UPTF, as well as the future housing transfers out of UPTF, which were put into statute before we had 123, which is significantly more than what it is that would go to housing under that bill, if we were to leave it.

Senator Kirkmeyersenator

Okay. And as this is a bill, it's a bill. We need everyone's agreement.

Vice Chair Bridgesassemblymember

And Madam Chair, if I may also add, so that's the 68 plus the 45 plus the 30 that we're already taking out of there because of the redirect. So that's too far, I think, and not sustainable for UPTF.

Vice Chair Bridgesassemblymember

Senator Kirkmeyer. Okay, I missed the last part about what's the redirect?

Senator Kirkmeyersenator

I'm sorry.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. What's the redirect? Because we funded adult dental out of there for 25-26, so that was basically $68 million. And we're going to take another $45 million out this year. to help fund for next year adult dental, or was it for something else? What's the $45 million that we're taking out this year on the last day of the year, fiscal year?

Senator Kirkmeyersenator

General fund.

Vice Chair Bridgesassemblymember

Just to put directly into the general fund? Yeah.

Senator Kirkmeyersenator

Oh.

Vice Chair Bridgesassemblymember

And the $30 million, well, the $30 million from the housing transfer that we are stopping, We are diverting $28 million to the general fund. Senator Kirkmeyer. But it's 30 total out of UPCF. And so how are we anticipating that we are going to pay for the dental care, the $68 million next year? We're just ending it?

Senator Kirkmeyersenator

Mr. Kurtz.

Vice Chair Bridgesassemblymember

In fiscal year 26-27, my understanding of this bill is that the source of funds would shift from the adult dental fund or unclaimed property trust fund to just being a general fund appropriation. So you're still funding it. You're just funding it from a different source. Which in a table refund position is just refunding it. So thank you. Thank you, Madam Chair. So next year we're going to find $68 million of additional general fund money for adult dental care.

Senator Kirkmeyersenator

Mr. Kurtz.

Vice Chair Bridgesassemblymember

And there will be some federal dollars. You're going to find it from a decrease in the general fund obligation for a TABOR refund because we won't be pulling any money out of the unclaimed property trust fund that will be hitting the state's TABOR cap. Yeah.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. essentially when we at a Tabor gap and we take million in the UPTF we taking money that belongs to specific Coloradans and dispersing it to all Coloradans through the Tabor refund mechanism which I think is not a great way to handle the UPTF I just want to make sure I heard that. Correct.

Vice Chair Bridgesassemblymember

Senator Kirkmeyer. So taking money from specific individuals to disperse to all individuals in the state is not a good idea. Is that what you just said? Are you sure? I'm pretty sure that's what you just said. In fact, I am writing it down, taking money from specific individuals. You know, like individuals who have got their money stored, their tax dollars, whatever, they're not getting. Unclaimed property taxes. From specific, yeah, I'm writing it down so I can use it on the floor.

Senator Kirkmeyersenator

What I hear, Mr. Rickman, is that we need to amend this bill to suspend the adult dental transfer starting in fiscal year 27. 26-27.

Vice Chair Bridgesassemblymember

Madam Chair, that's correct. Okay.

Senator Kirkmeyersenator

No, you're taking from specific.

Representative Taggartassemblymember

Rep Taggart. Too specific in the video. There's so much give and take going on here. I just, Madam Chair. Yes, please. Is this an additional $68 million that we're now saying is going to be a part of the long bill?

Senator Kirkmeyersenator

Yes, but... Well, it's also... Director Harper.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Because of the interactions with Tabor, I think the only real impact of the shift back and forth is the reserve requirement. About $9 million? Yep. I mean, because if you pull it in from UPTF and we're above the cap, it's pushing the general fund out as a table refund. If you don't pull it in from the UPTF and you pay it out of the general fund, then you're spending the general fund instead of it going out as the refund. the only change for your purposes on the budget, staying well clear of the other debate, is the reserve requirement that you would have to hold on the general fund appropriation and not on the adult dental fund appropriation. Mr. Rickman. Thank you, Madam Chair. So if I understand you correctly, I will ask LLS to amend this bill to make the effective date of changing the fund source for the adult dental fund to July 1st, 2026. Yes, that is what I heard the vice chair request. Senator Mobley.

Senator Kirkmeyersenator

I just, if somebody could explain to me how this impacts our balancing for today. It will add about $9 million of a reserve in fiscal year 27.

Vice Chair Bridgesassemblymember

We have to come up with an additional $9 million, but it doesn't change anything else.

Senator Kirkmeyersenator

Yes. Yes. Okay. Okay. Okay. So is the committee prepared to approve the bill for introduction pending those changes, or do you want to see it before? Yeah.

Vice Chair Bridgesassemblymember

I think it's fine.

Senator Kirkmeyersenator

Do you want to see it?

Vice Chair Bridgesassemblymember

No.

Senator Kirkmeyersenator

No. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I do not need to see it, and I move to introduce LLS 0. 897 transfers from unclaimed property trust fund. Are there any objections?

Senator Kirkmeyersenator

That passes on A vote of six to zero. This bill will start in the House and run with the long bill. House sponsors will be. Sirota, Taggart, and Kirkmeyer in the Senate, and Bridges in the Senate. Brown and Amabile will co-sponsor.

Vice Chair Bridgesassemblymember

Madam Chair. Thank you, Madam Chair. I think that, um, yeah, obviously as amended as we discussed without needing to see it again. Yes. Is that clear to everyone?

Senator Kirkmeyersenator

Oh, we did have sponsors? We did. Who are the sponsors? They're not on the bill. Oh.

Vice Chair Bridgesassemblymember

Is this Pierce part of the process? It's because this is the, we just don't put sponsors on when we do this? That's fine. No, no. Who did we name before? That's fine. If we keep it the way I named it, then what happens? Okay. There we go. Very complicated draft. Okay. Who? First base. Okay. Yeah.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I don't know that we're ready to figure out exactly what we're going to do with the Capital Construction Fund because I think that we would like to do more control maintenance, but I think that will be determined. what level of control maintenance we're able to move to will be determined by other decisions that we make throughout the course of the day. So if I may though, do you have a number for what lets us move to 5, 6, 7, 8, 9? Thank you, Mr. Chair. I'd have to get my computer to walk you through all of it, but I can like, I think you can either tell me what you think you're going to do at the end of the day or I'll come in here and we can walk through each one. I mean, I would prefer to put it all back. That's my preference if we are able to get there because I think these are, these costs are not going away. In fact, they might get worse. And if we don't do controlled maintenance, that is just a list that is twice the size next year, I presume. And it would take about $71 million to get it back to where it was. And then I think knocking off level or score nine saves like 15 and knocking off score eight saves like 11. Okay. And what if we are now after? To four. Through four. The cost is 38.6 million to get through score of four. And the total list cost, level one cost was just under 110. Yeah.

Senator Kirkmeyersenator

So you like at less than a THIRD GREAT THANK YOU ALL RIGHT THANK YOU DOES THAT MEAN OH REP TAGGERT

Representative Taggartassemblymember

THANK YOU, MADAM CHAIR. I KNOW MY TECHS ARE GOING TO LIGHT UP FOR THIS COMMENT, BUT I TRULY BELIEVE WE DO NEED TO DO ALL THE CONTROLLED MAINTENANCE, maintenance, but I'm wondering if we could convince CSU to wait one more year for phase four. I know. I know, but that's a big jump to go from 38 to 100 million. That's a big jump. Just a thought.

Senator Kirkmeyersenator

I'm apologizing to you, Rep. Taggart. I didn't catch what the thought was. I was answering another question. About?

Representative Taggartassemblymember

I truly believe we need to do all phase one. It's similar to you. but that's, if my math is correct, over 60 million more. And I know we've asked CSU to be patient with us, but I guess I would ask them to be patient one more year and not do the phase four this year.

Senator Kirkmeyersenator

Okay. Well, I don't think it sounds like we're ready to make a choice on controlled maintenance or capital just yet. So those are the numbers on the table. Thank you, Ms. Ewell.

Vice Chair Bridgesassemblymember

And this cash funds transfer to the general fund, I would assume, is the same. I mean, are there transfers tied up related to controlled maintenance that would, I don't know if there's something outstanding that we haven't accounted for yet that we would need to in this bill. No, Madam Chair, that was all in the bill you just tabled. I'm still sitting here because of the DOLA severance tax transfers in the cash fund to general fund transfer bill because I just wanted to clarify that OSPB sent some correspondence with new numbers last week. there the way they phrased it did still have DOLA's severance tax fund being split between direct distributions and grants but my understanding was that that idea was off the table and that the full transfer will come from the grant side so I just wanted to clarify that and because I think initially during my figure setting Rep Taggart expressed some pause about doing that transfer So just wanted to point out that the new numbers that OSPB suggested are in the bill on page, packet page 41. With the improved forecast numbers, they're now recommending $19.4 million from DOLA's local government severance tax fund in the current year and $27.3 million next year. So just wanted to make sure that we're all on the same page. and it will come from only the grant portion and not impact direct distributions. Senator Birkmeyer And on page 37 of the bill section 23 it talks about controlled I'm sorry, on page, thank you, Madam Chair, on page 37 of the packet, page 12 of the bill, it talks about controlled maintenance trust fund and that we are transferring the unexpended and unencumbered balance. Yes, that is because during capital figure setting, we had a discussion about how that fund was basically emptied out, but a small amount of money accrued because of those old disaster emergencies, the solar eclipse and the CDOT, like, cybersecurity incident. So there was, like, some really old disasters that got closed out and money ended up back in the fund. and so I had suggested and you approved transferring that to the general fund. We haven't had any significant money in that fund being able to be used for controlled maintenance in several years. So that was just unexpected money that showed up in the fund that could be used for balancing. Senator Kirkmeyer. Thank you, Madam Chair. Why didn't we put it into controlled maintenance? Senator Kirkmeyer, basically because it's controlled maintenance is a general fund cost, so it would be kind of a circular transfer. and I think more confusing than just putting that in the general fund. And then the previous bill you just had looked at, that's the general fund to capital construction fund amount that will cover whatever list you end up deciding. And, Director Harper, I just want to make sure that if we close out this bill here, that there's nothing else lingering that needs to be accounted for in this transfer bill. Outstanding. I think we should wait on this one until after we get through some of our other decision making.

Senator Kirkmeyersenator

Ms. Shedd.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Yeah, I think we can certainly keep it open until the very last minute, but I think since there's so many transfers, we just wanted to get it in front of you and make sure you're okay with everything that is here existing, knowing that there may be some additions and we can finalize it after you sort of close out your final motions.

Senator Kirkmeyersenator

Okay. So everybody perusing?

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. Anything else to draw our attention to here?

Vice Chair Bridgesassemblymember

I should. Thank you, Madam Chair. I don't think so, so that there's a small amount from we had that conversation during the conversation with military and veterans affairs about taking some of the tobacco money that's included in here. And then the only other thing is we had that conversation about DNR's portion of severance tax, and those numbers are all updated in here. So the updated numbers are on packet page 25 if you want to see like how it was split out. But it ends up being a total transfer from all the severance tax sources of $83.6 million.

Senator Kirkmeyersenator

Okay.

Vice Chair Bridgesassemblymember

Senator Kirkmeyer. Yeah. So the severance tax from the perpetual base fund, when did that come in? Because I don't recall that we were ever talking about money coming. We weren't talking about money coming from the perpetual fund. Ms. Shudd. Thank you, Madam Chair. So it was part of the sort of OSPB's original request was basically the severance tax transfers would come from four sources, which would be, well, two in DOLA, and then which will be just actually the grants in DOLA. And then on the DNR side they had proposed basically half and half between the operational fund and perpetual base fund You can certainly Yes The 50 million that we approved on Friday Yep, so that about 50, it came out to 47 million, was split between... Well, split between the DOLA portion, but then the DNR portion was split between the severance tax perpetual base and the operational fund. And then same for the DNR's original request is split between operational and perpetual base. All right, well, my apologies. I guess I did not understand that we were taking it out of the perpetual account, and I'm not in support of that because that truly is water funding. It's not the water plan. It's actually the water project list. That's truly what funds the water list, whereas the operational account is not. But my understanding with what we were doing was we were sweeping what wasn't going to impact sort of what was already the proposal for expenditures. Is that wrong? So the proposed basically additional incremental sweep was the difference between the March forecast and the September forecast. So theoretically, so in September or in November when the department submitted their request, there was some amount coming from the severance tax perpetual base fund, but the idea behind that was that there wouldn't be technically an additional amount greater than expected coming from the severance tax perpetual base fund since, in theory, if you operated just off the September forecast, that's like what the state of the fund would be. So if you had budgeted to the September forecast, that theoretically shouldn't be changed. Senator Kirchmeier. But if we were actually following the way the formula works and the spillover works, any additional dollars that go into the operational account that weren't being spent on those other things, those other programs there, would have flowed into the perpetual account, which would have flowed into more water projects. Ms. Shen. Thank you, Madam Chair. Senator Kirchmeier, that's right. I think there's some information in there about the, there isn't a spillover, I guess, is what DNR was projecting. So because of sort of the lower than expected severance tax revenue coming in. Senator Kirkmeyer. That is not what is in the forecast for OSPB about lower severance taxes coming in. In fact, they're increasing in this year from OSPB's numbers. So I guess I'm having a tough time understanding that. But I'm having more of a tough time understanding when we talked about not impacting water projects, and yet here we are. So I'm not in support of it, of taking the 7.25. I thought the $50 million sweep was essentially because of a lot of that had to do with the increase in the perpetual account, or in the operational account, I'm sorry. And I apologize, I guess I was wrong. I'm looking at the severance tax, well the distribution forecast. at the yeah the the severance tax revenue does well the total from everything oil and gas coal metals and then the interest it does it doesn't go down that substantially go down by about 3 million bucks in 26 27 so again And another reason why I wouldn't be willing to cut from the perpetual account. I didn't understand that we were doing that. I thought last year when we talked about not taking from the perpetual account was coming through this year, and apparently it's not.

Senator Kirkmeyersenator

Okay, so I think maybe some of the numbers in the bill aren't right yet.

Vice Chair Bridgesassemblymember

That's right, Madam Chair. So I can take out the severance tax perpetual base fund amount. That would be $7.2 million in 25-26, and then $11.2 in 26-27.

Senator Kirkmeyersenator

Okay. Okay.

Representative Taggartassemblymember

Rep. Taggart. Thank you, Madam Chair. Ms. Shin, I thought I heard you say something, and I haven't had a chance to read the bill, obviously, but that we were also transferring money from a veterans. I hope that's not the case.

Vice Chair Bridgesassemblymember

Okay. Did I mishear you? She did say the word veterans, but Ms. Shen. Thank you, Madam Chair. So I think this is a transfer in lieu of doing that. Thank you. Yep. And you're taking money from the tobacco settlement defense account within the Department of Law.

Senator Kirkmeyersenator

Okay. Okay. All right. So we're not ready for that either. And there was one we skipped.

Vice Chair Bridgesassemblymember

And so can I say something else about severance tax? So again, looking in, it was in the committee hearing and the answering of the questions. That's where it said the revenue excluding interest for 26-27 went up to 139.5 million and that would have been an increase of 6 million from the previous year forecast. And then it's also saying about that there would be 60 million, 60.7 million that goes to the Department of Natural Resources. That would have been up about $9 million from the previous year. That's where I was getting there was supposed to be, I thought there was going to be an increase, not necessarily a decrease. And that was from them answering their questions back in January. So maybe the forecast came in differently. These questions should have been answered differently.

Senator Kirkmeyersenator

Thank you, Madam Chair.

Vice Chair Bridgesassemblymember

So I think the two forecasts that OSPB was looking at for when they were calculating the difference, that $47 million would be March 2026 that just came out, and then September 2025. so basically in September in the December forecast it went down since September and then it went way up basically in March and in March it went up higher than September 2025 so basically their proposal was to take that difference not the difference between like 25 and 26, 26, 27 but just for both years the forecast went up and so just based on that forecast change is what they're trying to take if that makes SENSE. NOT REALLY. BUT IF I MAY, LOOKING AT THE FORECAST IN MARCH FOR THE SEVERANCE TAX DISTRIBUTION FORECAST, IT HAS THE DEPARTMENT OF NATURAL RESOURCES RECEIVING $75.9 MILLION, WHICH WOULD BE INCREASED EVEN FROM THE HEARING THAT WE HAD BACK IN JANUARY. MS. SHEN. THANK YOU, MADAM CHAIR. YES, I THINK THEY'RE EXPECTED TO RECEIVE MORE MONEY. AND OSPB'S SUPPOSAL WAS TO TAKE THAT EXPECTED INCREASED. that they expected to receive if that makes sense I happy to chat offline with you to clarify anything if it helps Sure

Senator Kirkmeyersenator

Senator Kirkmeyer.

Vice Chair Bridgesassemblymember

The other thing I'm curious about is, and then we can, I don't know what we're going to move on to next. But the other thing I'm curious is, if the operational fund falls below $34, $35 million, we shouldn't be funding some of those tier two categories. Correct? You should.

Senator Kirkmeyersenator

Thank you, Madam Chair.

Vice Chair Bridgesassemblymember

I think Senator Krugmeyer, right now DNR is, like how statute is written, it's up to X amount. So I think DNR has been using discretion to sort of fund those grant programs. And currently in the models that I have seen, basically it would fully fund the grant programs and the sort of like the Division of Reclamation Mining and Safety and ECMC and some of those other programs. THAT HAVE STAFF IN THEM. SO CURRENTLY THE MODEL IS PROJECTED TO FUND EVERYTHING AND THEN HAVE A VERY SMALL AMOUNT OF RESERVE. IN SEPTEMBER THEY WERE LOOKING AT ABOUT 10%. SO. I SEND THEM TO TAKE THEIR DISCRETION.

Senator Kirkmeyersenator

OKAY. THANK YOU, MS. SHEN. THANK YOU, MS. YUL. DIRECTOR HARPER, ARE WE READY FOR MS. POPE'S BILL or we need more time on that.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I think that Ms. Pope is pursuing a correction to the bill. We also have social studies and P3. Yep. I think those would be the two tabled items

Senator Kirkmeyersenator

that are most accessible. Okay. I don't have any of those in front of me. I HAVE NO IDEA WHAT NUMBERS THEY ARE.

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGES, DO YOU WANT TO... WHICH ONES WERE THEY?

Senator Kirkmeyersenator

WHICH ONES WERE THEY? I'M SORRY.

Vice Chair Bridgesassemblymember

SOCIAL STUDIES, ONE WAS TO... AND P3. THE...

Senator Kirkmeyersenator

LET'S SEE. Okay, so there was a packet from Monday, March 16th, which had social studies in it, as well as, I don't think it has a P3 bill in it. Social studies is on page 9. Which pack? Is it in our... Packet 5.

Vice Chair Bridgesassemblymember

Packet 5. I don't have that packet on me anymore.

Senator Kirkmeyersenator

This one, on page 5. Yep.

Vice Chair Bridgesassemblymember

Which tab are we in?

Senator Kirkmeyersenator

It's not a tab. I don't know.

Vice Chair Bridgesassemblymember

Madam Chair, we can bring copies in if that's needed.

Senator Kirkmeyersenator

I know Ms. Bova has copies of the P3 bill available right now.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I'm happy to share. I'm supportive of the bill that moves forward with less of the testing, but not the full elimination of the testing for those waiting in suspense.

Senator Kirkmeyersenator

Is the bill in there? You found it? Did you find it?

Vice Chair Bridgesassemblymember

I found it Okay Yeah We were good with it We good I was good with it I sorry I'm good talking for you. Sorry. No, no. Wrong food. I don't know what I mean. Vice Chair Bridges. Thank you, Madam Chair. I move to introduce LLS 0881 Student State Assessment in Social Studies, which is not LLS 0882 eliminating State Assessment in Social Studies. It does save some money in the State Ed Fund, but does not eliminate the State Assessment in Social Studies. Okay.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6-0. This bill will start in the House and run with the long bill. I see Rep. Brown is eager to make this reduction. So he will sponsor and Rep. Taggart and in the Senate, Senator Bridges and Amable. And Sirota and Kirkmeyer will co-sponsor. I know. Thank you, Ms. Bickle. Okay. There is another bill that we looked at for a minute on Friday. I don't know where it is anymore. And it had to do with the P3 office, and nobody could come to any consensus on what we should and shouldn't do in that bill. The bill had a few changes. to the P3 office to put in some more transparency and reporting and also swept $1.2 million or so. The administration did a comeback on that and they wanted us to, oh, and the bill also changes it from continuous appropriation to continuous spending authority to an annual appropriation. The comeback is for us to actually maintain their continuous spending authority to create a board for more transparency and oversight. And what was the third thing? Reverse the 1.2 million. Oh, yeah, reverse the transfer. Oh, thanks. So, but I didn't sense a lot of consensus from the group for any of those options.

Vice Chair Bridgesassemblymember

One of these is not stapled. But it looks like it stapled because of the Ms Bova Thank you Madam Chair So this bill does several things The first is that it specifies that the Department of Personnel has to report to the JVC and the CDC the appraised values of unused property and total anticipated project costs that each project will incur, and then a list of the project costs both funded by the state and by any private partners and then any anticipated terms of project contracts. So that would be part of its reporting to the CDC. And then additionally, for any changes in anticipated use of property after the anticipated use is approved, that would have to go back to the CDC since that's not currently in statute or it's kind of vague. And then the bill also makes the cash fund subject to annual appropriation, makes a transfer of $1.2 million to the general fund in the current year, and then requires the Department of Personnel to submit a quarterly report to the JBC and the CDC that includes the balance of money in the fund, a list of transactions, and status updates regarding any P3 projects. So those are the four items in this bill and if the committee wants to make modifications, I can work with all the less to do that.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. In conversations with the Gov's team, I'm convinced that the continuous appropriation is really critical for this office, that decisions need to be made rapidly. I said this last time we talked about this bill, this hasn't changed, that this needs to be a group that can move quickly, but also that cannot move towards things like the bridge. And so I am comfortable maintaining the continuous appropriation with the creation of some sort of oversight, not necessarily the like governor appointee, DPA, whatever this thing is here, but some sort of oversight that will give us, at the very least, more rapid notification of what it is they're trying to do.

Vice Chair Bridgesassemblymember

Rep. Brown. I should be careful not to just spitball on the dais here, but I will throw out that none of us really liked the composition, or I think some people expressed some concerns about the composition of the board in terms of oversight. And I wonder if there isn't some sort of notification or notice period that they might provide the JVC and allow us to weigh in. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Is it instead of the Oversight Board? Yes.

Vice Chair Bridgesassemblymember

Yeah. Yeah. So that would be in, they would notify us and we would be able to weigh in. Maybe for some. or just like a what's the yeah for some period of time like maybe they give us 30 days or something like that before and then we could take action one way or the other uh that would require the jbc to just meet or the cdc i don't need who i don't know i'm just i'm just spitballing here so open to suggestions this boba my name chair and rep brown one thing the committee could consider is IS HAVING SOME SORT OF LANGUAGE AND STATUTE when they can submit 1331s if the committee chooses to go the annual appropriation route so that they have the ability to come back and ask for funds throughout the year.

Vice Chair Bridgesassemblymember

I think I was thinking of maintaining continuous appropriations but requiring some sort of notice and then maybe that we would have some sort of ability to step in if it were something like the bridge that we were, we thought was a boondoggle, if you will. But I don't think we, I mean, do we have the ability, if they have continuous spending authority, then we don't, I mean, we could tell them we wouldn't like that. But Senator Kirkmeyer.

Vice Chair Bridgesassemblymember

Did they enter into a contract with the bridge deal, the planning of the bridge, or did they just go do it? Because, I mean, so right now what's in this bill is they have to give a report if they plan to enter into a contract or a lease to the Capital Development Committee who gets to review the report, make recommendations to the department, and approve or disapprove the anticipated use of the unused state-owned real property. And it's the unused. I mean, and the department shall not enter into a contract regarding unused state-owned real property or leased stuff. So I think this handles if it's unused property or at least unused state-owned real property without the approval of the Capital Development Committee. It's when they go do those studies that cost us, you know, $180,000 to go find out that they're trying to put affordable housing in a building that it will never be affordable because it's going to cost us too darn much to fix it up. And the bridge, how do we tackle that? If they want continuous approval, continuous funding, then they don't get to go do anything stupid like that again. and without approval or disapproval from some other committee. So we can blame them.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I think it was the idea to have the board, that the board would have to approve any of those We have a CDC. quote-unquote stupid things, and then any movement beyond that, right? Once they have established there is some building that they can do, then that comes to the CDC. So all projects require approval of the board prior to presentation to CDC so that the board says, yes, go get the information. They go get the information, they bring that information back, present to the CDC with the plan for what they want to do. So the board would have to have said, yeah, go find the information about the bridge, and then the bridge gets presented to the CDC. So it puts in one more check into that. It puts a check into that process because the CDC is already there to approve or disapprove the project.

Vice Chair Bridgesassemblymember

Sure. I just want to make sure that all projects are reviewed and either can have the opportunity for approval or disapproval by the CDC. Well, I think the question is what's a project. because, you know, do they consider the studies to figure out if they're going to do a project, a project, or that's the part that you are pointing out. And like the bridge. Yeah, which don't necessarily fall, the planning doesn't seem to fall under a project.

Senator Kirkmeyersenator

Ms. Bova.

Alfredo Kimother

Thank you, Madam Chair. And Senator Kirkmeyer, to your point, my understanding is that for something like the bridge, that was a project that was approved. The feasibility study falls under the category of their continuous appropriation that they didn't need explicit approval for. And that's like hiring technical consultants, feasibility studies, things that fall under personal services and operating costs.

Senator Kirkmeyersenator

Director Harper, you had a...

Alfredo Kimother

Just to add another layer here I think if the committee the most obviously the priority for the committee right now and certainly for myself is to get to the finish line on closing the budget if you all are not going, so I think for balancing purposes, the transfer is the most pressing question. If you do not plan to go forward with the transfer that's been approved, the 1.2 million, then I think this, you all could continue to discuss this bill for later legislation.

Senator Kirkmeyersenator

I mean, you could. Or not.

Alfredo Kimother

I mean, I think for balancing purposes, the transfer is the most pressing point. The bill in terms of oversight or a board or, I mean, I would note that the continuous appropriation authority for this fund has been an evergreen annoyance for JBC staff. This is kind of an annual issue to bring up, and it's been, this year was the most glaring. But I think if you all know you're not going to do the transfer, then you could continue to debate this one.

Senator Kirkmeyersenator

Well, that's a good question, and I don't know where everyone is on that. Rep Taggart, and my understanding, if we wanted to do the transfer, it doesn't have to live in this bill, does it?

Representative Taggartassemblymember

Correct. It could go into the transfer bill.

Senator Kirkmeyersenator

Okay. Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. I would prefer it going to the transfer bill first and foremost. And then I'd like to put any projects that are in the works that they need to bring to conclusion. I'm okay with that, but I'd like to put a pause on all new projects until we have a new administration. And then we can work out the board and all of that kind of stuff. But there have just been too many mistakes made here. and to leave it open to more unused property, I think we're exposing ourselves even further, and that worries me.

Senator Kirkmeyersenator

Well, I would agree. Here are the things that I will say about this, though. We should decide on the transfer. If we want to put that in the transfer bill, then we can. But I do think that the things that are in this bill are important, and I actually think that some board oversight would be useful. And like I said last week, maybe the folks who are named in the bill are, or in the comeback are not quite appropriate. I will also say, though, and I know that this can wait, but I don't know how long it can wait. I don't want to do it on a 30-day clock if we are going to do a bill. But I also actually have some concerns. I feel, I think, just as frustrated as the rest of the committee about the behavior of the P3 office and some of the poor choices made and state dollars wasted. And that is very frustrating. I don't know if it's something we should or shouldn't believe, but they are saying that if we sweep this 1.2 million, is it, that that will impact projects that they have in the works. Can you confirm, Ms. Bova, because I feel like you sort of said, no, that's not really quite right. Do you think that if we swept that $1.2 million, that the child care and housing projects that they had talked about would actually falter?

Alfredo Kimother

Thank you, Madam Chair. Unfortunately I cannot confirm that because they didn provide any calculations for those projects And for the RFI that they submitted they had indicated that 27 their costs were zero which was part of the reason that I had recommended the transfer because I was using their budget for all their current projects. It seems to me like in their comeback, they mentioned some future projects that I hadn't heard of. And when I have asked them to talk about revenue streams and how they plan to generate revenue, they just said that it was complicated and they haven't really provided any calculations. So I can't confirm.

Senator Kirkmeyersenator

Well, how does everyone feel about the transfer? Okay. Okay, let's take the transfer. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. The Gov's office says this will cost housing units, So can we wait to see? It seems strange to me that there's not some balance in this fund that they could take the 1.2 from instead. So I think let's give it, well, it's 340.

Senator Kirkmeyersenator

Well, here's the thing. I don't want to hold up our ability to close the budget on this. But I also, I don't want to delay a bill very long. if we were going to do one. Is it, I guess, a transfer that we could... Just put in the transfer bill. Are you okay? Well, if we do it. Are you okay with it?

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Chair. Can you give me, like, 30 minutes to confirm with the Gov's office this actually costs affordable housing units because we're in a housing crisis here in the state and just we don't like what they did with some money, and now people don't have housing that they can afford. It seems like not a great consequence.

Senator Kirkmeyersenator

It seems like, though, in the end, what we're saying is we don't want to do a transfer in this bill. If we do the transfer, if we sweep those funds, we would do it in the transfer bill. So, Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. They also could take dollars from the 123 fund. I don't want to see housing. Quite honestly, I don't think affordable housing belongs here. I think it belongs in the Division of Housing within DOLA so that there is a unified approach to things. But if they need dollars for that purpose, that's the purpose of 123 funds. Which we're sweeping a lot of. I know we're sweeping. And by the way, we didn't initiate that. That got initiated by the governor's office.

Senator Kirkmeyersenator

Do you want to not do it? The water's over that day.

Vice Chair Bridgesassemblymember

Thank you, Chair. I need half an hour.

Senator Kirkmeyersenator

We'll say yes or no, and we'll put in the transfer bill if we say yes. All right. So hold on to the bill. We have a bill. We'll move on. Is there any other legislation that we have available to take up?

Alfredo Kimother

Director Harper. Madam Chair, I think we need a couple minutes to confirm.

Senator Kirkmeyersenator

Okay. Rep. Brown, you have a bill shortly, yes?

Representative Taggartassemblymember

I do yes But I will stay here as long as we need to We can take a pause if we need if you need to go to your bill now Okay And while we gather up what other bills we have Okay

Senator Kirkmeyersenator

Is your bill happening right now? I think they have one bill that they are working on before us. It was supposed to be short, so hopefully it will start soon. Anything else? Thank you. Thank you, Madam Chair. Since we're talking about Representative Brown's legislation, we may as well keep talking about Representative Brown's legislation. I know that we've talked a lot about a placeholder for the work you're doing on autism providers. That's right.

Representative Taggartassemblymember

Rob Brown. Thank you very much, Madam Chair. Thank you, Mr. Vice Chair. Yes, we have had extensive conversations. We are working on drafting with the Governor's Office. We expect to be able to introduce a bill here in the next week or two, probably next week. we also have been working hard to try to understand what the estimated cost will be and after looking at some fiscal notes and working with what we believe will be numbers that will be relevant to both licensure on the facility side as well as licensure on the professional side we believe that the cost of the bill could be up to $5 million So that's what we would, I would request that the committee include as a set aside in the long bill for this effort.

Senator Kirkmeyersenator

This was partially a budget request, but you are working on something that is sort of taking a slightly expanded or different approach, actually, based on provider and feedback.

Representative Taggartassemblymember

Yeah. Yeah, that's correct. I think that, you know, not to, not to, I think the problem that we have been trying to solve here ends up being much more comprehensive than I think was envisioned earlier in the budget cycle. And so, you know, working with providers as well as the disability community and, you know, folks who are concerned, obviously, about access and threading the needle appropriately, we recognize that we need licensure and regulation on both the professional side as well as the facility side, which was not necessarily envisioned in the original budget request. And that is because we are trying to make sure that we are protecting kids from potential harms, that we are protecting the state from being fleeced by disreputable providers, and that we are, you know, not being overly burdensome on the providers that are providing this care. So that's why I think that we need, at doing the analyses, we've come to this $5 million number.

Senator Kirkmeyersenator

Senator Kirkman.

Vice Chair Bridgesassemblymember

And what exactly is driving a $5 million cost?

Representative Taggartassemblymember

Brett Brown. How many FTE are we talking? I can't tell you about the number of FTE, but I can tell you that the – When you analyze sort of this is a de novo kind of licensure framework, right? and that when you set up a new framework for licensing professionals as well as facilities, it costs about $2.5 million for the professional side and about $2.5 million for the other side. So that's where the $5 million is coming from.

Senator Kirkmeyersenator

I think it is challenging to try to figure out what is the right number for a placeholder when something hasn't been introduced. So there will be opportunity for assessment and for nonpartisan staff to be able to make an analysis on the true fiscal impact once that is introduced.

Representative Taggartassemblymember

That is true. I mean, I will say that it is not a, it is a, you know, it is a policy that we are working on actively. And so we know that licensure takes resources, and so this is reflective of what I believe is a mid-level estimate. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. It's my hope that the final number on this would be lower than that. But at the same time, we have seen the costs in this on the Medicaid side skyrocket. And so I think that we have to make sure that we are doing some of this work. And I know that we had talked about doing this work as a committee. So I look forward to seeing what you got. Thank you.

Senator Kirkmeyersenator

Would you like to make the motion record?

Vice Chair Bridgesassemblymember

Senator Kirkmeyer. So we've seen costs skyrocket because of mismanagement?

Vice Chair Bridgesassemblymember

What are you saying we've seen costs skyrocket from? I MEAN, ARE YOU TALKING ABOUT THE OIG AUDIT THAT WAS DONE OF THE ABA? I THINK THAT'S A SEPARATE BILL THAT WE CAN TAKE UP SHORTLY. BUT IT'S WHAT'S I THINK DRIVING THE LICENSURE BILL. I THINK IT'S... AM I INCORRECT OR... It'S A COMBINATION OF YES, WE HAVE SEEN THE OIG AUDIT OBVIOUSLY IT WAS PRETTY SCATHING. I will also say that there are reports of, you know, providers billing for kids sleeping. There are reports of people, you know, there have been court cases that have been fought over this, about whether, you know, providers are doing things that are appropriate. So this is about, first and foremost, I would say this is about making sure that kids are safe. It is also about making sure that we have checks in place to make sure that the billing is appropriate and that we know who's billing us and that they are providing appropriate and high-level quality care and then that we are maintaining that access as well.

Representative Taggartassemblymember

Rob Taggart. Thank you Madam Chair I don disagree with anything Representative Brown in terms of licensing is needed But what makes me anxious and I raised this before on another subject in the Medicaid side of things is that the Department also needs to get into the habit of giving us the offset If we going to spend million duly so they also need to always put a stake into the ground of saying if it has been abused or misused, they also need to put a stake in the ground of what this could save us. And I think it's wrong that they give us the costs and they don't give us the offsets.

Senator Kirkmeyersenator

Well, I don't want to speak for Rep. Brown, but I think to be fair, maybe Rep. Brown is working on some things that I'm not necessarily sure the department is or the administration is necessarily wanting to do, but in fact providers and the disability community are asking to have included here. And so I think, you know, for our purposes today, we're considering a placeholder, and I would truly hope that, you know, that this could be worked out and wouldn't necessarily take $5 million. But I do, if we want to do the right thing to keep kids safe and to actually be fair to our providers so that, you know, we're actually doing some of the things that they are asking to, those providers who are doing the right thing, who are utilizing trained staff and the like, that we are actually able to do that. And I think my understanding is this is the approach that other states are taking, not the one that our state has taken in the past. And so I would like to approve this placeholder so that we are able to give the bill sponsors the space to be able to work through policy, which ultimately is a policy decision that every one of us and the rest of our colleagues can make a decision on when the bill comes forward and work through those policy questions. but I just I want to ensure that we're able to do the right thing if it's presented to us to keep kids safe in the end.

Vice Chair Bridgesassemblymember

Senator Kirkmeyer. Certainly I don't think anyone's opposed to making sure that we keep kids safe. And I'm not opposed to having additional licensing for both the facilities and on the professional side. It's the part where the department likes to come in and say that everything's the provider's fault. when the OIG audit was very clear and said that the state did not provide effective oversight, they did not give enough guidance, and did not adequately oversee its prior authorization contractor. In fact, they went on to say that the statewide post-payment review of ABA payments had not given clear enough guidance on documentation, billing, credentialing, session note detail, and what counts as billable ABA time. That is a state administration problem. That's what they said. So if your bill is just about the licensing and the professional side of it, I'm on board. I just don't understand why it's going to cost so much. And, you know, I'm just used to seeing fiscal notes from health care policy and finance that add on. And, you know, I'm going to exaggerate here, but it just always feels like it's a gazillion more FTE. Every time we turn around, they need three here, four there, 11 there. I mean, it just gets outrageous. So if you're telling me, I mean, that you're just really dealing with the licensing and you're going to hold their feet to the fire, that they're not going to get everything, you know, just because they say they need a bunch of more FTE, then I'm with you on that. But, you know, if they're trying to milk it and pat it or if somebody else is, then I'm going to be upset.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. Yeah, I have, I'm all in for saying let's set this marker and put this set aside in, and then trusting you to go back and fight with folks to bring the number down to something more reasonable. Or we'll do it in Senate appropriation. Right I do appreciate your work on this and I look forward to seeing the bill Thank you I was just going to say to both of you I very much appreciate your sentiments

Representative Taggartassemblymember

I don't really, I didn't want to be coming to you with a number that was this large at this point in the budget process. And I will say that to the chair's point, part of the challenge here has been making sure that the administration is on board. We have been working very closely, I think, with the disability community as well as with the provider community to make sure that we are maintaining access, that we're protecting kids, that we're striking the right balance. I will not say that the administration is there yet. And so, you know, for what it's worth, you know, we're going to continue to try to make sure that any regulations that we have are of the appropriate size that are not unduly burdensome that would limit access. But we do need to protect kids and we do need to protect the state's budget. And that's where this proposal comes in. So I will be more than happy to come back to you and say that it does not cost the full $5 million. But at this point, I think that's where the estimates are going. So apologies. Thank you, Madam Chair.

Representative Taggartassemblymember

Again, I'm fine with putting a placeholder. But I'm going to continue to say on programs like this where we, one of the foundations in addition, obviously protecting kids is the most important element. But when they're saying there's misuse and abuse, from a code standpoint, they need to put a stake in the ground and give us an offset. because if $5 million saves us $10 million or $15 million in overpayments on Medicaid, I'm all ears. I don't know what the number would be. I just throw that out. But I just worry. It's not in their vocabulary today. It's usually strictly the cost side and you guys figure it out as to what it, what the offset might be. And I just don't think that's the way they should be operating.

Senator Kirkmeyersenator

Appreciate that. Rep. Brown, would you like to make a motion?

Representative Taggartassemblymember

Sure. Yes, thank you. I move that we set aside $5 million for ABA, a future ABA licensure legislation to be considered by the General Assembly later this session.

Senator Kirkmeyersenator

All right. Are there any objections? That passes on a vote of six to zero. Thank you. Thank you, and really appreciate your work. I know it has not been easy, so.

Representative Taggartassemblymember

Well, we're going to get it done. So thanks for your support.

Senator Kirkmeyersenator

I appreciate it. Okay. Why don't we let Rep Brown go take care of his, at least introducing his bill. And we will stand in a brief recess. Thank you Ži ж ever Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you.

Vice Chair Bridgesassemblymember

MY POINT IS, AS WE DISCUSSED A LITTLE ON FRIDAY, I DO THINK IT'S REASONABLE TO DO A ONE-TIME DIVERSION OF STATE LAND BOARD REVENUE SO THAT INSTEAD OF HAVING IT GO TO THE PERMANENT FUND, YOU WILL HAVE IT GO TO THE STATE PUBLIC SCHOOL FUND, AND THERE YOU WILL REFINANCE general fund. I've got lots of information here for you with background on these different funds. I think for the state, as we discussed a little on Friday, you've got this state trust for public lands, which dates to the founding of the state and money that was given to the state by the federal government. You've got two parts to it. You've got the part that is liquid, which is the permanent fund, and then you've got the state lands that are managed by the state land board. And right now, you've got a quite complicated collection of fund movements. I've given you on page two and three something that shows the last three years of revenue. I would say for just to give you highlights here on page two, permanent fund balance was $1.8 billion at the end of 25. During that year, it received $114.6 million in state land board revenue. I'd expect something along those lines, around $100 million this year. It also had significant unrealized capital gains, so it went up quite a bit, but not all of that got distributed. The only amount from the permanent fund, the cash fund part, that was distributed was $53 million last year. But the Department of Education overall last year received over almost million Under the current structure pretty much all of that goes to BEST and then there a spillover when BEST revenue gets above million to the state public school funds State public school funds support school operations, public school finance, and BEST supports capital construction of schools. IF THAT WAS AS CLEAR AS MUD, THERE'S ALSO A GRAPHIC ON PAGE 4 THAT TRIES TO SHOW THIS THING GRAPHICALLY. YOU'VE SEEN THIS BEFORE. IT WAS PART OF MY BRIEFING. SO IF YOU LOOK ON PAGE 4, YOU'LL SEE YOU HAVE STATE LAND BOARD REVENUE. THAT'S DIVIDED BETWEEN THE PERMANENT FUND AND THE BEST FUND. The permanent fund then also gives extra, its earnings over to the, over to Best. Some of Best revenue goes to the charter school facilities assistance account. It's a complicated collection, but what we're talking about right now, looking on page four, is that money on that top arrow where you have state land board revenue that goes directly to the permanent fund. And what we're talking about is diverting some of that revenue, $70 million, so that it goes instead directly to that state public school fund, which is in the bottom right corner. And you would then use that state public school fund to refinance general fund. Did that help at all? We would do it once. You do at one time, and you can pick your number. At the moment, as I said, we're looking at revenue that is about $100 million a year. I've included for background for you on page 5 the excerpts from the state constitution about the public lands and the permanent fund and the restrictions there, and I've also included information that I've given you. before about the best program and also about the Charger School Facilities Assistance Account because you had some discussion about whether you were going to use a mechanism that would have taken money from those programs. But this mechanism will not take any money from those programs. kind of taking away from the long-term growth in the permanent fund. No, this was, yeah. Questions?

Senator Kirkmeyersenator

Senator Kirkmeyer.

Vice Chair Bridgesassemblymember

And so, and we would do this $70 million by diverting $25 million in the current fiscal year and then $45 million in the next year? Senator, that was my original suggestion. I've talked to State Land Board and the Treasury. That's an option to do it that way, or you could do it all in 26, 27. Either way would work.

Senator Kirkmeyersenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. If we do it in 25, though, then we incur an extra $9 million in cost in 2627 for reserves, right?

Vice Chair Bridgesassemblymember

I think there's really two different issues. So one is when you do the diversion of revenue, and the other is what appropriations you shift. So I think you can either divert all the revenue in 2627 or you could divert some of the revenue at the end of 25 and some of it in 26 You can do your trading of fund sources in either 25-26 or 26-27. So those two things, the reason they can be separated is because you have some balance right now in the state public school fund. So there's a little bit of flexibility there in terms of which year you use.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I guess then as we don't have a draft, but as contemplated, this would be, would this trigger that $9 million extra reserve cost, or as contemplated here, do we not have to worry about that?

Vice Chair Bridgesassemblymember

I think as contemplated here, because I gave this to you before you raised this issue, you would, right now, if you have assumed that you are having a reduction in expenditures, which is what this is, it's a reduction in general fund expenditures in 26-27, then you probably want for that second extra bullet on page one, I mean, I don't know how you want to kind of, the one that says in FY2526, $70 million from state public school fund that's in bold would be appropriated for the state share. If you could change that to 2627, and then you would continue to have the decline in your reserve obligation.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I like doing that. I think that the transfer being 25, 26, the actual transfer being 25, 26 is the right thing here to make it very clear. This is a one-time thing we're doing for emergency reasons. And, like, this is not, I mean, in as much as we can put in, like, a ledge deck or whatever about this, not, like, this is not a standard practice sort of thing. This is not how we're going to pay for things moving forward. This is essentially in order to not cut other things by $70 million. So I think I'm good with that as a particular change.

Senator Kirkmeyersenator

Thank you.

Vice Chair Bridgesassemblymember

I'm just trying to make sure that we don't have to have $9 million.

Vice Chair Bridgesassemblymember

No, I understand. But I would say for the diversion part, right, so I don't know what are we calling this, like three paragraphs down, this is the best I can do in terms of a 25-26 diversion. You can do $25 million of it in $25,26 and the rest in $26,27 because once the money has gone into the permanent fund, you can't take it out again. And some of it has already gone there for this year.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I'm comfortable with all of that. I move JBC staff come back in additional information, education from Amanda Bickle, best charter school permanent fund, $70 million options. with the change to FY 2627 in the second bullet as outlined in our conversation.

Senator Kirkmeyersenator

Okay. Senator Kroekmeyer. But are we diverting the whole 70 million in 2526?

Vice Chair Bridgesassemblymember

Because the first bullet says 25 million in 2526 and 45 in 2627. Vice Chair Bridges. Thank you,

Vice Chair Bridgesassemblymember

Thank you Madam Chair My understanding is that we would be doing 25 and then 45 because of transfers have already been made out of the Into the permanent Yeah into the permanent fund So there just not enough to move out of the state And then the whole appropriation in 2627. Yeah. Okay. I just want to make sure I had it right. Thank you.

Senator Kirkmeyersenator

All right. Are there any objections that passes out of over to six to zero? Thank you. Ms. Bickle.

Vice Chair Bridgesassemblymember

I think if we can just take up the transfer. I know everyone is sick to death of this subject.

Senator Kirkmeyersenator

But, yes, Ms. Bova.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. $800,000. For the. Transfer. To remove the transfer that's in the current P-3 bill. instead of $1.2 million. Vice Chair Bridges. Thank you, Madam Chair. Full motion. Remove the transfer in the P3 bill, and in the transfers bill, put in an $800,000 transfer out of the P3 office into the general fund. I am told from folks in the Gov's office that that will not have a significant negative impact on the affordable housing units that are being paid for out of those funds, which I think is very important. But we can safely take 800,000 and not significantly delay that project.

Senator Kirkmeyersenator

Ms. Bova.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. So would the committee like this for 25-26? Because originally this was for 26-27, this bill. Yeah. Is that doable?

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I saw a sort of like shrug it's fine either way from the person who would know best on this. So go ahead and do 25.

Representative Taggartassemblymember

Rep Taggart. Thank you, Madam Chair. I just want to make sure I know I agree with taking the transfer out of that bill, but I don't want that bill to die. So it's still in the works to put some controls around this situation. Yes, we just have to agree what those are.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. And I would also say that I think it's important that we as a committee pass that bill before the 30-day clock so that we have a chance to express our views. Should the governor disagree?

Senator Kirkmeyersenator

Okay. So soon. We need to come to consensus on that. Like really soon, but not today. Okay. Are there any objections to that motion for an $800,000 transfer? That passes on a vote of 6-0. Thank you. Thank you. Philip.

Vice Chair Bridgesassemblymember

That's great. MR. THOMSON.

Alfredo Kimother

THANK YOU, MADAM CHAIR. SCOTT THOMSON, JOINT BUDGET COMMITTEE STAFF. I JUST HANDED OUT A MEMO DATED TODAY WITH SOME UPDATED RECOMMENDATIONS FOR THE LEGAL SERVICES COMMON POLICY. ON PAGE ONE, YOU'LL SEE WHAT MY ORIGINAL RECOMMENDATION WAS FOR MARCH 16TH THAT WAS APPROVED. AFTER CHANGES MADE TO TOTAL COMPENSATION, THE RATES FOR ATTORNEYS, LEGAL ASSISTANCE, Blended rates has come down more than the $2 that I was given permission to make changes without seeing you again. So I'm back, and so I'm recommending that the committee approve these new rates. And then on pages 2 and 3, the summary of the total legal services appropriation, it compares it to the March 16th recommendation. One of the takeaways for the committee is that there's an estimated general fund savings associated with this of about $480,000. That is a very rough estimate, but once JBC staff can work with their agencies to get the fund splits right, that will be built into your general fund overview. And I'm also asking for permission from the committee to make any other future changes THAT IF THERE ARE ANY OTHER COMPENSATION CHANGES THAT MOVE THIS DOWN A LITTLE BIT MORE TO HAVE PERMISSION TO MAKE THAT WITHOUT SEEING YOU AGAIN. WITHIN TWO DOLLARS. NO, JUST KIDDING. THANK YOU, MADAM CHAIR.

Senator Kirkmeyersenator

I MOVE JBC STAFF COME BACK FROM MR. SCOTT PHILIP THOMPSON. DATE MARCH 30TH, LEGAL SERVICES COMMON POLICY. WITH THE ABILITY TO CHANGE, MOVING FORWARD WITHOUT COMING BACK.

Vice Chair Bridgesassemblymember

I think, really, unless it's more than a million dollars, in which case, definitely talk to us. Thank you.

Senator Kirkmeyersenator

All right. Sounds great. Are there any objections? That passes on a vote of 6-0. Thank you, committee. Thank you, Mr. Thompson. Vacancy?

Vice Chair Bridgesassemblymember

Mr. McClary's about something in the vacancy.

Senator Kirkmeyersenator

Thank you.

Vice Chair Bridgesassemblymember

I'm good. Mr. McClure. Thank you, Madam Chair. Similar to what Mr. Thompson brought in related to the compensation policy decisions you all have made today, there's a reduction of about $3.4 million in reappropriate funds to OIT, and this table just shows how this reduces the payments to OIT for the constitutive departments like Mr. Thompson. I'm also asking for, in addition to this table, permission to make any kind of technical adjustments based on any kind of future compensation changes.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. Are we going to see one of these for everybody? Or is this?

Vice Chair Bridgesassemblymember

Director. Thank you, Madam Chair. Mr. Vice Chair, this is a unique feature of the common policies. So Mr. Kem will send out, and I think we'll have Mr. Kem back in shortly to revisit total comp, which is part of why Mr. Thompson and Mr. McLeary are asking for the permission to update based on any potential changes that are coming. But when Mr Kem makes a recommendation you all approve an amount for total compensation THAT A CLEAR AMOUNT FOR MOST departments It goes in the salary survey line For these agencies that are billing other agencies for their services so for OIT and legal services, in both cases, these are FTE-heavy places where they're actually billing to pay for those FTE. When you make your total compensation decision and it reduces salary costs, you're reducing the cost of OIT, which means that the billing goes down. So it's a different dynamic for these two agencies, and I think my understanding is they're both going to change a bit more, but I think it'll be in the favorable direction.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move JVC staff come back Office of Information Technology from Andrew, some middle name, McLear. Maybe he doesn't have one. Possible. Are there any objections?

Senator Kirkmeyersenator

That passes on a vote of 6-0. Thank you, Mr. McLear. Man of mystery. Okay. Now. Yeah.

Vice Chair Bridgesassemblymember

Madam Chair, somewhat unfortunately, the next couple things on our list are both Mr. Kim, and I think he's slamming away and will be in shortly. So if it's okay, we may jump to severance. Or we've also got this disaster emergency fund changes.

Senator Kirkmeyersenator

We could go DEF changes.

Vice Chair Bridgesassemblymember

All right. Ms. Curry will be right in. I thought we agreed on that. She's got something to come back for.

Senator Kirkmeyersenator

There's a memo.

Vice Chair Bridgesassemblymember

Where's that at? It should be somewhere in front of you. Ms. Post has something, too. Oh, is that Mr. Kim's here?

Senator Kirkmeyersenator

Cool. Okay.

Vice Chair Bridgesassemblymember

Let's go with Mr. Kim.

Senator Kirkmeyersenator

Sorry, Ms. Curry. Thanks, Ms. Curry. Thank you. Thank you.

Alfredo Kimother

calculated adjustments that are basically in line with what figures that were shared with the committee for balancing purposes from DPA, OSPB. I have asked them to generate these numbers. I prefer to do my own numbers, but at this late time I'm asking them to generate those. There was a significant difference from my calculations, and this is based on my lack of familiarity with the template based on the step system. So when you move into a salary range adjustment of zero into the next year, apparently that adjusts this year's step increases. The methodology on that I don understand but that is a part of it and that was a difference in my calculations versus theirs So we looking at achieving the savings I think that the committee was aware of that had been made aware of And I am requesting from the committee to allow me to make these adjustments and allow staff to make these adjustments related to these step and step-like based on the figures that I would get from DPA.

Senator Kirkmeyersenator

Senator Mobley.

Vice Chair Bridgesassemblymember

So the bottom line is still $56 million cut or reduction or lack of an increase. The question is, what is the amount of step like?

Alfredo Kimother

Right.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I currently without including the judicial agencies which have their own complexities, just the other agencies were reduced from about $26.8 million and the STEP increased to about $10 million. So that's a savings of $16 just on STEP. and then step-like at a .6% average rather than the 1.2 that I had calculated will be some additional savings. I don't know what these final numbers will look like right now.

Senator Kirkmeyersenator

Okay. Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. Mr. Kim, you just threw a little bit of curveball here. when you said that judicial, did I hear it wasn't a part of that? What should I assume they will be at some point? Because I don't think it's fair to have one branch of the government be doing its own thing. That's not fair to other employees.

Senator Kirkmeyersenator

Thank you, Madam Chair.

Alfredo Kimother

So, Rep. Tager, let me clarify. I was trying to run the numbers so that we could understand my numbers versus the DPA OSPB numbers and why there was a difference. I ran my numbers based on template adjustments for all of the departments except for the judicial branch because there are so many of those agencies in there. And they have their own unique step plan, both judicial, the courts and probation, as well as the public defender. So once you get into those, it just takes additional working those adjustments to come up with the numbers. What I was trying to do was get roughly to the same numbers that they were reflecting, that DPA OSPB was reflecting. So this is not a reflection of leaving judicial out of it. Judicial will be included in these adjustments. I'm waiting for all of those numbers to come in from DPA OSPB so that we can get these numbers moving for the committee. Otherwise, it would take me another two to three hours to generate the same numbers.

Senator Kirkmeyersenator

Senator Kirkmeyer.

Vice Chair Bridgesassemblymember

So two questions. Thank you, Madam Chair. First of all, can you tell us the numbers again, the difference numbers again, and then why does Judicial have a different step plan?

Senator Kirkmeyersenator

Thank you, Madam Chair.

Alfredo Kimother

So, Senator Kirkmire, there are no classified employees, therefore there are no covered employees in the entire judicial branch. But when the step plan was being implemented, the courts in probation established an equivalent step plan and the public defender office established an equivalent step plan They represent if I remembering right about 5 FTE across both of those So it's significant. But theirs was always intended to be basically in line with adjustments in the executive branch, but they do theirs just a little different. I don't have those numbers difference. What I was calculating based on where I started from, I was showing about 26.8 million total step adjustments. This is total funds. This is total step adjustments for all other agencies except judicial. When I ran it at the 0% salary range adjustment, that was reduced to right around $10 million. So the savings of about 60% to 70% for that little policy piece. I've never experienced a salary range adjustment that's intended for the future affect the current year or the budget year. And in this case, this does.

Senator Kirkmeyersenator

Any other questions? Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move JVC staff come back statewide compensation from Alfredo Chem, step pay and step like. Are there any objections?

Senator Kirkmeyersenator

That passes on a vote of six to zero.

Vice Chair Bridgesassemblymember

Thank you.

Senator Kirkmeyersenator

Okay. So I move to higher ed.

Vice Chair Bridgesassemblymember

Yep.

Senator Kirkmeyersenator

I'M SORRY, DID YOU SAY YOU'RE REMOVING THE HIGHER ED? UNLESS YOU HAVE SOMETHING ELSE?

Vice Chair Bridgesassemblymember

I DON'T HAVE MY HIGHER ED FOLDER WITH ME.

Senator Kirkmeyersenator

WANT TO GRAB IT?

Vice Chair Bridgesassemblymember

YEAH, I CAN RUN BACK.

Senator Kirkmeyersenator

YEAH. WE CAN, UM, MS. CURRY REAL QUICK. IS MS. CURRY STILL HERE?

Vice Chair Bridgesassemblymember

A-HA.

Senator Kirkmeyersenator

BOOM. All right, Ms. Curry.

Representative Taggartassemblymember

Hi there, Michelle Curry, Joint Budget Committee staff. This is just an update to an already approved for introduction bill draft. The drafter identified that a potential issue with having the petition clause, so this is the DEF reporting changes. One of the mechanisms in it limits the unencumbered balance of the disaster emergency fund to $200 million. So in the event that it exceeds that unencumbered balance, then money would be transferred to the general fund. In the previous bill draft, it had the first of those transfers happening on July 1st. That does not work with the petition clause. So in order to not have to switch the clause, it just makes it so that the first time that that transfer would happen would happen in August instead, to be able to leave that clause in there. That transfer is unlikely to happen this year, but it's just ensuring that the dates all line up accurately.

Senator Kirkmeyersenator

Any questions?

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move to adopt staff recommendations adjustments, adjustment to OLS 0912 disaster emergency fund changes. Are there any objections?

Senator Kirkmeyersenator

That passes on a vote of six to zero.

Vice Chair Bridgesassemblymember

Thanks.

Senator Kirkmeyersenator

Thank you. Okay, so I don't know what tab your comeback packet 17 is behind.

Vice Chair Bridgesassemblymember

Three. Yours is off by one. Three.

Senator Kirkmeyersenator

Okay. Page 13 of that packet.

Vice Chair Bridgesassemblymember

13 behind tab 3.

Senator Kirkmeyersenator

WHICH IS A BABY FORMED.

Vice Chair Bridgesassemblymember

THANK YOU, MADAM CHAIR. I MOVE STAFF RECOMMENDATION, WHICH IS AT THE TOP OF PAGE 14, EXCEPT WITH A 5% OUT-OF-STATE TUITION INCREASE AND A 5% ALLOWABLE INCREASE FOR COMMUNITY COLLEGES.

Senator Kirkmeyersenator

Thank you, Madam Chair.

Vice Chair Bridgesassemblymember

What we discussed was just the 5% across everything, 5%. The schools are saying they're not going to take advantage of the 5% in in-state, but to have it consistently five in-state, out-of-state, and community colleges. So it's five across the board.

Vice Chair Bridgesassemblymember

I think that there is not agreement on the 5% across the board. That's a footnote, though, that is, I suppose, up for discussion. Vice Chair Bridges. Thank you, Madam Chair. I move all of it except for the tuition piece, and we can talk about that piece separately.

Representative Taggartassemblymember

Wait, hold on. Yeah. Wait, hold on.

Vice Chair Bridgesassemblymember

No, never mind.

Senator Kirkmeyersenator

All motions withdrawn.

Vice Chair Bridgesassemblymember

What about the proposal on the...

Senator Kirkmeyersenator

We're not there yet.

Vice Chair Bridgesassemblymember

We're just not...

Senator Kirkmeyersenator

Yeah. We have to do one thing at a time.

Vice Chair Bridgesassemblymember

Okay. I thought we might be doing all things at once because one affects the other.

Senator Kirkmeyersenator

Well in terms of balancing but not policy Vacancy savings

Vice Chair Bridgesassemblymember

So you're not going to equal on this? I don't think we have a consensus. I thought we had agreed on three, five, or five.

Senator Kirkmeyersenator

I thought it was five across the other day.

Vice Chair Bridgesassemblymember

That's what community colleges are asking for. No, communities ask for five.

Senator Kirkmeyersenator

Yes.

Vice Chair Bridgesassemblymember

Separate and apart from what is there who else has five.

Senator Kirkmeyersenator

There's a separate note for community colleges.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you. I'll make sure this is on the mic. Community college had, community colleges had asked that they be allowed to raise to five. I had, in the context of the conversation with communities, my understanding was that they were asking for a special separate raise to five, five separate and apart from what it is that we do for other institutions in the state which had been proposed at three and i remember this because i explicitly said to the person i was talking with i don't think it's a great idea to have a separate rate for a different school and apparently this is a thing that has been done before the communities have had a separate rate in a footnote. And so I said, okay. And that's why I moved that. But I at no point intended that it would be 5% for in-state students, especially given the changes that we've just made to total comp. That does not seem in line with all of the changes that we have made.

Vice Chair Bridgesassemblymember

Senator Mobley. Yeah. Could we do four? I'm okay with four, provided that the 11 million come in from the financial aid side of things.

Senator Kirkmeyersenator

Can I just make one comment on the five? And it's-

Representative Taggartassemblymember

Rep Taggart. Yeah. I think we have to trust our institutions as we're trusting the community college. We have to trust our institutions that they know, A, what's best for our Colorado residents and know what the market will bear. This just gives them a range. And I agree the compensation helped them. But we literally haven't put a dime into higher education. Even if we bring over the financial aid, it is just flat from last year. So I trust the institution presidents will make the right decisions. So if inflation is 2.4 percent and we would be giving them 3 and 5 and no cut at all, then that's maybe 50 million. We haven't given them the 2.4 percent.

Vice Chair Bridgesassemblymember

Let's start right there. You just said we've got 2.4 percent inflation. but 2.4% is on a cost basis, and we did not give them that. We gave them zero.

Representative Taggartassemblymember

We gave them zero. Even if we bring the 11, we gave them zero. So if we going to talk about 2 I be happy to keep it at three if you want to add 2 to them but we haven done that Well I think actually what we about to do is to do that is to give them an increase You can call it what you want, but it would be an increase from what they were at in 25-26. No, it's not, because under the special order, the governor took the $11 million away. And now we're talking about restoring. Just restoring it. That only gets it to zero. That's not an increase. That just gets it to zero. From where they're at now. It's still zero. It's not an increase. I just think we have to trust. We have very good people running these institutions. We should trust them to make the right decisions. Thank you, Madam Chair.

Vice Chair Bridgesassemblymember

I wish that I would have had the conversations you've apparently had because no one came and talked to me about other institutions demanding 5% except for the community college system. So, like, great, I'm glad that you trust the presidents. The presidents apparently don't trust me and didn't want to talk to me. So, like, I'm not stoked about going to 5% when I've had zero explanation about why it is they need to go to 5%. If you want to deal it for, I'll deal it for today, and we'll figure it out tomorrow if we need to. But I am not comfortable with the 5% increase for no reason that I have heard from anyone.

Senator Kirkmeyersenator

Can we go to Senator Kirkmeyer?

Vice Chair Bridgesassemblymember

Especially since we're taking back the change that we made last year. Thank you, Madam Chair. I would just say that the universities didn't speak to me either, but Representative Taggart did. And that's what he was explaining the whole time was 5%. So I took that to mean 5%, same as the community colleges.

Senator Kirkmeyersenator

Okay.

Vice Chair Bridgesassemblymember

I didn't hear from institutions either. I will just say that as well.

Senator Kirkmeyersenator

So Senator Mobley.

Vice Chair Bridgesassemblymember

Yeah. I mean, can I just suggest we go to 4%?

Vice Chair Bridgesassemblymember

I think everybody seems happy at 4%. I don't think everyone is. No one seems happy at 4%. But I'm going to negotiate. All right.

Vice Chair Bridgesassemblymember

Maybe if no one's happy, we're in a good place.

Vice Chair Bridgesassemblymember

I don't know that we'll be in a good place. Vice Chair Bridges. Thank you, Madam Chair. I move staff recommendation except at 4% in-state, 5% out-of-state, and 5% for communities.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6-0. Rep Taggart, you have a proposal to ensure that we are not putting ourselves to the worst.

Representative Taggartassemblymember

Thank you, Madam Chair. at present between our nonprofit private institutions and our proprietary institutions, we have been allocating just right around $14 million a year in financial aid. Not to be confused with COF. This is not COF. That's a totally separate bucket. And I would recommend that we take million of that and put it towards our public institutions to help our students that attend private institutions to in fact keep that tuition down So my proposal would be to take 11 million from the nonprofit private institutions and proprietary institutions of their total 14 million. And it's 14 million, Mr. Kim, and some change. I just I don't have the absolute detail. I mean, I have the details that you, I'm assuming this came from you, but I didn't add it up to the 10th. I think it was from Ms. Bickle, and I don't know if it was from what was the last year's proposal.

Senator Kirkmeyersenator

Mr. Kem.

Alfredo Kimother

Thank you, Madam Chair. Yes, I have some updated figures. Need-based grants total about $12.7 million. Work-study about $1.5 million. Total $14.2 million.

Representative Taggartassemblymember

I think my suggestion would just be if we're not, why leave just the $3 million there? I'm fine with that. That seems like an odd amount to spread around. It's minimal.

Senator Kirkmeyersenator

Mr. Kemp.

Alfredo Kimother

Thank you, Madam Chair. And typically, financial aid, when funding is increased to institutions, there needs to be an aligned increase for financial aid. Statute is silent. on if you do a reduction or if you remain flat. I would recommend that if you want to do this, it would probably be best affected through a statutory provision. So a bill that amends, that basically takes that 14.2, but says this is specific from private and proprietary institutions that's in financial aid, and notwithstanding any other needs for alignment, that kind of thing.

Representative Taggartassemblymember

Do you have to do it in statute?

Alfredo Kimother

I don't, Madam Chair, I don't think you have to. It's a gray area in terms of taking a reduction on financial aid.

Representative Taggartassemblymember

I would prefer it be a footnote and not be a bill. But what I also think is that this should be an ongoing reduction given that what the increase we just made to the institutions is an ongoing general fund cost to the state. And so if we're going to have an ongoing cost, I think we need an ongoing reduction. Can we make that happen without changing statute?

Senator Kirkmeyersenator

Mr. Kim.

Alfredo Kimother

Madam Chair, the committee can absolutely do that, and I will write up a footnote that addresses this specific budget action with the intention that it is a base reduction.

Vice Chair Bridgesassemblymember

Okay. Vice Chair Bridges. Thank you, Madam Chair. So moved.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6-0. All right. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Vacancy? Yeah. Madam Chair, in years past, we have adopted vacancy savings into balancing. My understanding from the other side of the street is that they can absorb a 1.5% recognition of vacancy savings in this budget, and so I move for a 1.5% vacancy savings reduction. I think that's how I move it. You tell me. We did it last year.

Senator Kirkmeyersenator

Yes, thank you, Madam Chair. That is basically right. I will clarify.

Vice Chair Bridgesassemblymember

Please do.

Senator Kirkmeyersenator

Sometimes this is spoken of as a base reduction, but it's actually not.

Alfredo Kimother

It's a one-time reduction that's calculated on the base salary estimate and is applied in Health Life Dental. So that negative adjustment is applied in the Health Life Dental line. And, yes, basically everything else is as you have previously taken such a vacancy savings.

Senator Kirkmeyersenator

Oh, are you including within, would you be including within that 24-7 facilities or lines with 20 or fewer FTEs, Mr. Kim?

Alfredo Kimother

So, Madam Chair, my preference would be that there be no exemptions. If we traditionally, when exemptions are provided, there is no way for me to generate that look at the numbers. There is no way for DPA OSPB to do it. They have to ask the departments to do it themselves. And we have no way of knowing where that data is coming from. So I am not really comfortable with that. However, I would say I think you could make an argument for the 24-7 facilities. I don't believe that lines with less than 20 have anything to do with anything, because this is money that's placed in an HLD line that an executive director's office can allocate across the department as they like. So there is no limit on that flexibility, whether there are programs and divisions with fewer than 20 FTE. They're not impacted by this in that way. Again, I think the 24-7 facilities, we're going to have to get that information. I don't know how long it will take DPA, OSPB to get those numbers to us. So that could be a delay.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I'm not comfortable taking it from the 24-7. That's exactly the place where I think we should not be taking these vacancy savings, given everything.

Alfredo Kimother

Mr. Kemp. Thank you, Madam Chair. So Senator Bridges, an option would be to exempt the Department of Corrections, the Department of Human Services, the Department of Public Safety in some way. Either just say, we're not going to do this or we're going to do it at some reduced rate. That makes it a whole lot easier.

Vice Chair Bridgesassemblymember

But they are the departments with 24-7 staff predominantly.

Senator Kirkmeyersenator

Senator Kirkpire.

Vice Chair Bridgesassemblymember

I THINK IN THE DEPARTMENT OF HUMAN SERVICES THEY CAN FIGURE IT OUT BECAUSE IT'S PRETTY MUCH JUST FOR THE FORT I WANT TO SAY LIONS BUT IS IT LOGAN? WHICH ONE IS IT? BUT IT'S JUST FOR THAT ONE AREA. SO I THINK IT'S RIGHT, ISN'T IT? HUMAN SERVICES PROBABLY LOVE TO YEAH THE INSTITUTION ONE SO I THINK IT PRETTY EASY FOR THEM TO FIGURE OUT DEPARTMENT OF CORRECTIONS IS PROBABLY JUST EXEMPTED AND YOUR OTHER ONE IS THE PROBLEM Human Services probably loved him Yeah the institution ones I think it pretty easy for them to figure out Department of Corrections is probably just exempted And your other one was

Senator Kirkmeyersenator

Public safety.

Vice Chair Bridgesassemblymember

But they're all not 24-7. Not all, but State Patrol.

Senator Kirkmeyersenator

Then just State Patrol.

Vice Chair Bridgesassemblymember

That should be, I think, we figured it out last year, and it seems to me that's who it was.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. And Youth Corrections at DHS, I think, also fits the bill on that.

Alfredo Kimother

So, yeah, I mean, if you'd like to exempt certain divisions.

Vice Chair Bridgesassemblymember

In nursing homes. Yep. Yeah. We don't know what that number is, though. It's going to look a lot like last year, though.

Senator Kirkmeyersenator

Well, I guess I'm confused.

Vice Chair Bridgesassemblymember

Senator Amobley. Thank you. I mean, we're just saying 1.5. We were sort of assuming that everybody has that kind of vacancy. Is that right? Because if we're talking about who has vacancies, we know DOC has a huge amount of vacancies. We know Pueblo has a lot of vacancies. So I'm just not exactly sure. I'm sorry. I might have had a stroke earlier. So I don't really, I don't know from where we're getting this 1.5 figure. You're saying across the board, that's about how many vacancies there are?

Senator Kirkmeyersenator

It actually has nothing to do with vacancies.

Alfredo Kimother

Mr. Kim. Thank you, Madam Chair. So, Senator Mobley, the idea is that there is some amount of vacancies that every department experiences when they have turnover, and even if they don't fill a position for two to three months, that's vacancy savings. So, it's not unusual that you would experience somewhere in the range of, I think, you know, one to two percent, maybe even a little higher in terms of vacancy savings. The way the departments have always used that additional money from vacancy savings is it's flexible. They can use it on anything that they need across their departments. As the committee takes this balancing action, the committee is saying for balancing purposes, we're going to cut in a little bit into that appropriation. You're not going to have all that money, that flexibility to move that money. But, yes, I would tend to agree. I don't actually think that department by department, I'm not a believer in that exemption for particular kinds of purposes, but I do think, I get that the argument is made for that, and I respect that.

Vice Chair Bridgesassemblymember

Senator Mobley? Yeah, I mean, are they using their vacancy savings to pay overtime? Is that part of what, so?

Alfredo Kimother

Anything that is needed, yes.

Vice Chair Bridgesassemblymember

Vice Chair Bridges? Thank you, Madam Chair. I'm hoping the departments, we just said 24-7, that the departments could get, if not a list of the employees, at least a list of all of the various different pieces of the agencies in which that applies over to you like lickety-split. So I'm seeing so many vigorous head nods behind you on that. So I'm uncomfortable taking away from the 24-7, and I think that they'll get you that information very fast. So in whatever form it is that is easiest to process that, whether that's just saying like nursing homes, you know, in various different subdivisions of these places, or if it's actually identifying the employees and what that would be. I would prefer to have the 1.5% vacancy savings recognized without, and just saying without the 24-7, because also if we just sit here and try and think of them all, I'm sure we'll forget some. So I think with all of that caveat that what my motion is Exempting the 24 parts that will and a list will be given sent over to make sure that we are properly captured

Senator Kirkmeyersenator

Too sweet. Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. I don't disagree. I'm just trying to figure out what's, does that mean a change in the $13 million, or I'm not quite sure what that means.

Vice Chair Bridgesassemblymember

I don't think it does.

Representative Taggartassemblymember

You don't think so?

Vice Chair Bridgesassemblymember

No.

Senator Kirkmeyersenator

Okay. All right. Are there any objections? That passes on a vote of 6-0.

Vice Chair Bridgesassemblymember

And then, Madam Chair, and I know you maybe don't have all the numbers, but could we, to the best of your ability, tomorrow see the statewide compensation change that we made? Because I'm not comfortable if the Public Defender's Office or somebody else over in judicial has a different pay step like increase and it's a lot more or it's it's more than what we're doing in other parts of the state i mean i think it should just be fair across the board or equal across the board so i would just like to see it but okay thank you appreciate that yes thank

Senator Kirkmeyersenator

you mr ken thank you severance let's talk severance

Vice Chair Bridgesassemblymember

I thought we already did something. No, we've got some more to go on it. And it'll require a bill.

Senator Kirkmeyersenator

I need to check it off. We have some of that done.

Senator Mobleysenator

Ms. Chen, thank you for coming back.

Senator Kirkmeyersenator

We have had some further discussions about some of the proposals put forward on Friday. I don't know even when we talked about this last.

Vice Chair Bridgesassemblymember

But Senator Kirkmaier, would you like to talk about some additional changes? I don't know that I wrote down all the numbers because I didn't have my paper in front of me when we were doing it. So, second. Jeff, you wrote them down. So did I, but I can't find it. So with regard to. I got it. You got it? Oh, okay. Thank you, Madam Chair. We can go through it together. So, CWCB at $1.2 million, currently in operational. Just give her a second here. It's currently an operational, moving that into perpetual. So this CWCB funds come from perpetual. We're saying that the administration should also be wrapped into that over in the perpetual. The ECMC. So it won't be funded out of the operational count. Senator Kirkman. I'm sorry, the $1.2 million would be funded out of the CWC construction fund, which is over in the perpetual account. Okay. ECMC, $5 million of their current $6.1 million in the operational would go to their cash fund, which they believe is sustainable for a while. Species conservation million over into CPW And then I think it their wildlife fund And then 3 million over into the perpetual with grants to be given out by CWCB up to $3 million with the Species Conservation Trust Fund as an allowable use. SPECIES CONSERVATION PURPOSES CURRENTLY FUNDED BY THE TRUST FUND IS IN ALLOWABLY USE. MS. KIM. IS THERE A QUESTION? MS. KIM. MS. KIM. MR. VICE CHAIR, SO WHEN YOU ARE SAYING PERPETUAL, YOU MEAN THE CWCB CONSTRUCTION FUND? THEY ARE MANAGED TOGETHER, BUT IT IS A LITTLE BIT DIFFERENT. YES. YES. What's the difference? Why do we have to say the construction fund? Why can't we just say it comes out of the perpetual account? Ms. Shedd. Thank you, Madam Chair. I think Senator Kirkman, you could. I believe the perpetual-based fund is continuously appropriate, so it would just change how we reflect it in the long bill. Yeah, it needs to come out of the perpetual. Okay. In this one, for the species. Okay.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. If the overlap between the perpetual and CWC is 100%, then no. They're managed together, I think. So just the amount. They're managed together. CWCB currently funds staff and projects, whereas the perpetual-based fund mostly just funds projects. But they're managed together. Thank you, Madam Chair. The perpetual-based fund, up to $3 million. Okay.

Vice Chair Bridgesassemblymember

Soil conservation. Wait, you're forgetting the aquatic nuisance. Oh, aquatic nuisance. We'll reduce from four to three. Ongoing. Okay, it's another million bucks, whatever. Okay, never mind. Not the aquatic nuisance species one. The soil conservation. I thought it was coming on the professional. Madam Chair.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. The soil conservation originally had been $400,000 in ag management, moving 400,000 into ag management, and then allowing up to 300,000 to still come from operational. all.

Vice Chair Bridgesassemblymember

Yeah. Yeah. I know. Let's see. SENATOR KIRKMAYER. AND THEN THE 2.5 MILLION. 4. WHAT? IT'S ACTUALLY 2.5. THAT'S IN PARKS. IT'S 2.5, SEE? ACTUAL EXPENDITURES. THE 2.5 MILLION THAT'S IN PARKS WOULD BE ABLE TO Come out of the Parks and Wildlife Cash Funds, whichever. I guess out of the Parks Cash Fund. We'll see how long that lasts. Ms. Shen? For the Parks Operations, it's a refinance. Thank you, Madam Chair. So are these one-time or ongoing? Ongoing. Okay. Ms. Chair Bridges? Thank you, Madam Chair.

Vice Chair Bridgesassemblymember

I THINK DRAFTING WOULD REQUIRE A BILL IS MY ASSUMPTION. OR NO? MS. SHEN? IT WILL REQUIRE A BILL. MS. SHEN? I THINK IT MAY REQUIRE A BILL, BUT THE LANGUAGE IN STATUTE CURRENTLY SAYS THE GENERAL ASSEMBLY MAY APPROPRIATE UP TO, SO, LIKE UP TO X PERCENT FOR ALL THESE DIFFERENT PROGRAMS. SO I WOULD NEED TO DOUBLE CHECK THAT, I think some of the projects like to confirm they're like allowable uses for these other cash funds but I think other than that the subtax operational fund statute currently says you can appropriate up to X amount.

Vice Chair Bridgesassemblymember

Thank you Madam Chair. In that case it may be that all we have to do potentially is it looks like I'm fairly sure we would need to create an allowable use under the perpetual for species conservation. And we may need to allow admin to be paid by CWC. I think you're going to need to go check the statutes. Because I think you're going to need for the perpetual fund anyways. Yeah. Yeah, I think at this point, these are the ideas. Let us know what we need. Thank you. And then as... As permanent changes, we'd like to move what we are saving here into the general fund. So a sweep from the operational into the general fund. Okay. Which potentially could go into the transfers bill. And would the sweep then be in one time or ongoing? I think this is ongoing. Yeah, it is. But it can't go into the transfers bill. No. I'm just going to have to put it into a different bill because of the perpetual and the operational statutes. I know some of them say up to, but not all of them are up to. Some of them are specific. And the perpetual count, I'm not sure, allows. I think you're going to have to make some changes there. I just think you're going to have to make changes.

Vice Chair Bridgesassemblymember

I don't think it's as easy as doing a transfer to the general fund because they're all not going to the general fund. Vice Chair Bridges. Thank you, Madam Chair. And so let's not put it in the transfer fund then, the transfer bill. We'll keep all of this in its own bill. And permanently refinance CWCB generally funded FTE from the construction fund and combine with intrastate water management and development line item and rename to water conservation development and management. We'll send you that. Sure. Did you get that all? I think so, for the most part, minus that very last piece, but I'll listen to that. I think, yeah, with the addition of those last pieces, you'll definitely need a bill of some kind. Yeah, probably so. Send to draft? Yeah, move to send to draft. Vice Chair Bridges? Move to send to draft, all the things we just talked about.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 6 Okay Vice Chair Bridges

Vice Chair Bridgesassemblymember

Can we take a quick second? We're going to stand and recess for a quick second.

Vice Chair Bridgesassemblymember

Come on. Thank you. Thank you.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. For a conversation that we as a committee had earlier this year with Mr. Lively regarding the Tabor over refund, we believe that there is solid legal footing that is imminently forthcoming from the governor's office per conversations that are privileged with the AG, that indicate that this is an appropriate use of that over-refund provision. And so I move that the budget reflect a $153 million recognition of a bill that will be run with the long bill, but not by this committee, regarding the TABOR over-refund proposal.

Senator Kirkmeyersenator

Are there any objections? That passes on a vote of 4-2 with Kirkmire and Taggart objecting.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. We have also been working on this budget the entire time attempting to get to balance with the understanding that we are working towards a 13 reserve not a 15 reserve that does require legislation And so I move that we draft legislation to reduce the reserve amount to 13% unless that fits into legislation that we have already know it does not. So move to draft.

Senator Kirkmeyersenator

Are there any objections?

Vice Chair Bridgesassemblymember

Thank you. A couple questions. One is, I would have hoped we could hold that until we get through Medicaid. Okay. So my second question is, as a part of that draft, I think it's very important we spell out a preliminary schedule of when we think we can get back to 15% and in what increments we could do that. To put it in different terms, I can't sound signed off on a 13% for perpetuity.

Vice Chair Bridgesassemblymember

Oh, I don't think there's a... Thank you, Madam Chair. I think the reality of our current budget structure is such that it seems unlikely that there will come a time when new dollars are available to go back to 15. However, I firmly believe that 15 is sort of the least adequate number that we can possibly have, and more would be better. And I wish that we weren't legally prevented from having a rainy day fund, and perhaps that's the next constitutional fight that we'll have. but this is I think a year in which we are adjusting and 13% is actually higher than I think many of my colleagues would prefer who don't sit on this committee. It's certainly I would prefer to go down much further and not have to take the votes that we have taken. They are incredibly painful. And just to say, well, let's take it from the reserve is the easiest thing in the world to do. And I am deeply concerned that that is what many of our colleagues on the other side of the street will do when this bill heads that way. 13 is, I think, reasonable given the challenges that we face right now in this budget, but certainly not the long-term goal. I think the goal should remain 15. And if saying that in a ledge deck on this bill makes folks feel better, I'd certainly be open to that. Fifteen is, I think, the minimum of the right place to be.

Senator Kirkmeyersenator

Mr. Lively, your brow is furrowed.

Alfredo Kimother

Thank you, Madam Chair. Pierce Lively, Office of Legislative Legal Services. So just to make sure I understand marching orders exactly. So that would be to lower the reserve to 13% for fiscal years 25, 26, and 26, 27, and then for 27, 28, to have a ledge deck indicating that there would be a desire to raise it back up to a higher percentage, to have it. I mean because as is traditionally written the reserve says for fiscal year whatever and then forward the reserve is at a certain percent How would you like to approach that in the bill draft um vice chair bridges thank you madam chair i think in in the traditional way and forward so um with alleged ex dating or intent to go back to 15 okay as soon as it is possible to do so that that is a priority of fund for funding for the budget committee for the legislature.

Representative Taggartassemblymember

Rep Taggart. Thank you, Madam Chair. I guess I'm just puzzled why the ledge deck. If we want to do that, why not put that in the bill itself? Because the ledge deck just goes away, and nobody sees our intention in the ledge deck. A statutory ledge deck can also be done. Okay, I'm not familiar with that.

Senator Kirkmeyersenator

Mr. Lively.

Alfredo Kimother

Thank you, Madam Chair. Representative Teggart, I think what the Chair is indicating is there are two types of legislative declarations. One is non-statutory. That appears on the bill and then does not go in the red books. It just goes in the session laws. So to your point, it can be rather difficult to find. A statutory legislative declaration is one that appears in statute. so it's as easy to find a statute. It would be possible to amend the section that includes the reserve and include some sort of statutory legislative declaration establishing the General Assembly's intent to raise the reserve back up to or beyond 15%.

Representative Taggartassemblymember

I'm okay with that approach.

Vice Chair Bridgesassemblymember

Senator Kirkmeyer. Thank you, Madam Chair. I'm not exactly okay with that approach. If we're going to do this and it's 13% in 25-26, it can be 13% in 26-27, but it needs to go back up to 15 in 27-28. And if we have to come back and do another statute, then we come back and do another statute change.

Senator Kirkmeyersenator

But that way it's very clear. Thank you, Madam Chair. It breaks with tradition, but is there any reason that we can't write it that way?

Alfredo Kimother

Mr. Lively. Thank you, Madam Chair. We can absolutely do that. It would be 13% for two years, and then it would be 15% ongoing after the third.

Senator Kirkmeyersenator

Okay. Great. So moved. Are there any objections? That passes on a vote of six to zero. Okay. Were there any other stragglers you had, Director Harper?

Vice Chair Bridgesassemblymember

Just me. I think we all are. I don't think so. Stragglers, stragglers. I think there's probably a couple of technicals in process, but I don't think they're worth having you stay for tonight. All right.

Senator Kirkmeyersenator

The Joint Budget Committee will stand in recess. Thank you.

Vice Chair Bridgesassemblymember

. . Thank you. Thank you Thank you. Thank you All right

Senator Kirkmeyersenator

The Joint Budget Committee will come back to order. Mr. Vice Chair.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. We forgot to move line item detail and base appropriation staff recommendation for higher education, so I move that. Divisions. And? District colleges. District colleges. Division five governing boards. Division five governing boards and local district colleges and AHEC common policy adjustments. I think we did that one. No, I was pointing to this. Division six. Division 5 and 6. Light item detail. Base appropriation. Division 5 and 6.

Senator Kirkmeyersenator

All right. Are there any objections? That passes on a vote of 6-0. We will now stand in recess.

Vice Chair Bridgesassemblymember

Thank you Thank you. Thank you.

Source: Joint Budget Committee [Mar 30, 2026 - Upon Adjournment] · March 30, 2026 · Gavelin.ai