h_fin_2016a_2016-03-16t13:35:59z2 Hearing Summary

Date: 03/16/2016

03:05 PM -- HB16-1174



Representative Becker, J., sponsor, introduced House Bill 16-1174. The bill requires DOR to allow income tax credits claimed for conservation easements donated prior to January 1, 2008, unless, prior to July 1, 2016:



• the DOR and the taxpayer have reached a final settlement;

• the DOR provides clear and convincing evidence of the easement's overvaluation, which is accepted by the Attorney General; or

• the easement's appraiser has been convicted of a criminal act of misrepresentation in connection with preparation of the appraisal.



The bill also authorizes a court to terminate a conservation easement created for the purpose of claiming an income tax credit if the state has rejected the claim for the credit, the easement is appraised as having no more than a nominal value, and the easement's holder provided no compensation for donation of the easement or was reimbursed in whole for any compensation provided. Representative Becker distributed amendment L.002 (Attachment B).



16HouseFin0316AttachB.pdf



03:18 PM -- Mr. Baxter Arnold, representing Alan Gentz, testified in support of the bill.



03:20 PM -- Mr. Mike Brownell, representing Alan Gentz, testified in support of the bill.



03:23 PM -- Mr. JD Wright, representing the Landowners United Advocacy Foundation, testified in support of the bill. He distributed a handout to the committee (Attachment C).



16HouseFin0316AttachC.pdf



03:26 PM -- Ms. Jillane Hixson, representing herself, testified in support of the bill. She distributed a handout to the committee (Attachment D).



16HouseFin0316AttachD.pdf



03:35 PM -- Mr. Marc Arnusch, representing the Colorado Farm Bureau, testified in support of the bill.



03:37 PM -- Ms. Julie Gentz, representing herself, testified in support of the bill.



03:40 PM -- Mr. Alan Gentz, representing himself, testified in support of the bill. He distributed a handout to the committee (Attachment E).



16HouseFin0316AttachE.pdf



03:45 PM -- Ms. Julie Noonan, representing the Gentz family, testified in support of the bill.



03:50 PM -- Mr. Benjamin Waters, representing the Colorado Coalition of Land Trusts, testified from a neutral position on the bill with the amendment.

04:01 PM



The committee adjourned.