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Joint Budget Committee approves $7.5 million WIC supplemental request, directs staff to draft bill clarifying shutdown authority
Summary
The Joint Budget Committee approved a $7.5 million general-fund supplemental for the WIC program and unanimously authorized staff to draft legislation that would narrow authority and establish guardrails for using state funds if federal WIC funding lapses during a federal shutdown.
The Joint Budget Committee voted unanimously to approve a $7,500,000 interim supplemental request to support the Women, Infants and Children (WIC) program and authorized staff to draft legislation clarifying when the committee and administration could use state funds to backfill federal funding during a federal shutdown.
Craig Harper, JBC staff, presented the revised request from the Department of Public Health and Environment (CDPHE) and a governor's office letter submitted Monday. Harper said the $7,500,000 would be an over-expenditure to the WIC line item, which he described as a total appropriation of $88,100,000, including a roughly $126,000 general-fund amount tied to CBMS costs and about $88,000,000 in federal funds (rounded). "The request is for $7,500,000 of general fund as an over expenditure for the women, infants, and children program within CDPHE," Harper said.
Harper told the committee staff have two core concerns: the request appears not to meet the interim-supplemental ("13-31") criteria because the unforeseen circumstance had not yet occurred at the time of the meeting, and there is no clear statutory authority allowing the Department to use state funds to make WIC benefit payments. He summarized the governor's revised letter as conditioning use of state funds on an actual federal funding lapse: the Administration would use state funds only "if the federal government shuts down tonight and federal funding is temporarily unavailable," would seek full reimbursement from the federal government if state funds were used, and expressed conceptual support for legislation to clarify processes and timelines for future shutdown scenarios.
Pierce Lively of the Office of Legislative Legal Services told the committee he would "be happy to do that" and work with the committee on drafting legislation if requested. Committee staff cautioned against broad language that would allow backing up large swaths of federal funding; they recommended narrow sideboards limited to the specific scenario of a federal government shutdown and suggested focusing on the most critical needs to avoid inviting numerous supplemental requests.
Sen. Kirk Meyer said he did not want to see a lapse in food for infants and urged the committee to develop legislative language so the committee would have a process to act during off-session shutdowns. Madam Vice Chair moved to approve the department request (including authorization to proceed on drafting); the Chair announced the motion passed 6-0. The Vice Chair then moved to authorize staff to begin drafting legislation defining additional guardrails and authorities for action during a government shutdown; that motion also passed 6-0.
The committee left on record that approving the department request included authorization to draft related legislation and that separate drafting actions would return to the committee for review if introduced. Director Harper indicated agreement with the summary. The Joint Budget Committee then stood in recess.
Votes at a glance: (1) Motion to approve CDPHE department request, including related drafting — Passed 6-0. (2) Motion to authorize staff to draft legislation articulating guardrails and authorities for action during a federal shutdown — Passed 6-0.
