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Colorado lawmakers pass bill to create legal fund to defend state against Trump administration

House Bill 25-1321 passed out of both chambers and is awaiting Governor Jared Polis’ signature.
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DENVER — Colorado lawmakers have passed a bill that would set aside millions of dollars to help defend the state from the Trump administration.

House Bill 25-1321 passed out of both chambers and is awaiting Governor Jared Polis’ signature.

The Democratic-sponsored bill sets aside $4 million for the Colorado Defense Fund, which the governor could tap into to defend Colorado from adverse federal actions, including funding freezes.

“We need to be prepared for what may be coming from the [Trump] administration,” said House Speaker Julie McCluskie, D-Dillon.

McCluskie was one of the prime sponsors of the bill.

Earlier this year, the Trump administration froze $570 million in federal funding to Colorado. A federal judge restored most of that funding, but state officials say about $70 million in public safety grants are still frozen.

“We should have that money back here in the state working for us,” said McCluskie.

The money would also pay for the criminal defense of state officers and employees, if necessary.

“It will provide for us the capacity to respond to any requests from the administration and, if necessary, defend both state employees and state officers and contract with the [attorney general’s] office if necessary to protect those programs and services we currently provide,” said McCluskie.

She said it’s difficult to know if the $4 million will be enough or if it will even be fully utilized.

“If it isn't fully utilized, we would revert it back to the General Fund,” McCluskie said. “Right now, it feels like enough to get us to next session, or at least I hope so. All to be determined. But establishing the ability to access and use these funds, I think, is critical in this moment.”

Republicans opposed the bill. Colorado House Minority Leader Rose Pugliese said the Trump administration paused federal funding to the state to make sure it was being spent properly.

“They want to just take a pause to make sure they evaluate these grants and make sure they're going to the people in which these programs were intended to serve,” Pugliese said. “I just think that's good governance.”

Pugliese wonders why the $4 million for the Colorado Defense Fund would go to the governor’s office instead of the attorney general.

“[The attorney general] is in charge of all litigation for the state and protecting state sovereignty," said Pugliese. "I don't know why that money would go to the governor's office."

Supporters of HB25-1321 say the money would go to the governor’s office to be used at its discretion because protecting Colorado’s interests would likely go beyond the work the attorney general’s office does and would be broader than legal needs. It could include reviewing contracts and grants and determining how federal actions impact Coloradans.

Polis is expected to sign the bill into law.

Mark Ferrandino, the director of the Office of State Planning and Budgeting, testified in support of the bill. Eric Maruyama, a spokesperson for the governor’s office, said the state needs resources to protect itself from federal actions.

“The state is working to safeguard Colorado from adverse federal actions that threaten taxpayer funds and the interests of our state. Coloradans already pay more in federal taxes than our state receives in return - about only 90 cents comes back for every dollar Coloradans pay into the federal government,” said Maruyama. “We believe that to properly defend the free state of Colorado from unlawful and adverse federal actions, protect Coloradans and state employees, and generally prepare for the uncertain federal environment ahead, it’s critical to ensure we have adequate ability to fight for our share of resources to meet the moment.”

In addition to McCluskie, State Rep. Shannon Bird, State Sen. Jeff Bridges, and State Sen. Judy Amabile were also prime sponsors of the bill.


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