s_fin_2016a_2016-02-09t14:05:15z3 Hearing Summary

Date: 02/09/2016

02:31 PM



The committee recessed.





02:36 PM -- SB16-044



Senator Sonnenberg, prime sponsor, presented Senate Bill 16-044. The bill states that the only allowable reason for the Colorado Department of Revenue to contest a conservation easement tax credit claim is if the appraised value is supported solely by an appraiser convicted of a crime in connection with the preparation of an appraisal. The change applies both to conservation easements donated prior to January 1, 2014, and to conservation easements donated on or after the bill is signed into law. Additionally, the bill directs the Department of Revenue to refund the amount of tax, interest, or penalty paid by a taxpayer in connection with a previously contested claim for any reason other than that stated in the bill.



02:45 PM -- Ms. Debbie Van Wyke, representing the Colorado Department of Revenue. Ms. Van Wyke testified in opposition to the bill. Committee members received background on the gross conservation easement credits (Attachment C).



16SenateFin0209AttachC.pdf



02:51 PM -- Mr. Eric Meyer, representing the Colorado Attorney General, testified in opposition to the bill.



03:04 PM -- Mr. Benjamin Waters, representing the Colorado Coalition of Land Trusts, testified in opposition to the bill. Senator Sonnenberg commented on earlier testimony.



03:08 PM -- Mr. Alan Gentz, representing himself, testified in support of the bill. Mr. Gentz provided the committee with a copy of his testimony (Attachment D). Mr. Gentz responded to comments and questions from the committee.



16SenateFin0209AttachD.pdf



03:23 PM -- Ms. Dori Richards, representing the Landowners United Advocacy Foundation, testified in support of the bill.



03:37 PM -- Mr. JD Wright, representing the Landowners United Advocacy Foundation, testified in support of the bill.





03:45 PM



Ms. Richards answered a question from the committee about existing case law.



03:52 PM -- Ms. Lori Hulbert, representing herself, testified in support of the bill.



03:59 PM -- Ms. Jillane Hixson, representing herself, testified in support of the bill. Ms. Hixson provided the committee with a copy of her testimony (Attachment E) and a history of conservation easement tax credits (Attachment F).



16SenateFin0209AttachE.pdf 16SenateFin0209AttachF.pdf



04:18 PM



Senator Sonnenberg made closing remarks on the bill. Members of the committee made closing remarks on the bill.





04:24 PM



Senator Neville laid the bill over to a later date.