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

Date: 03/16/2016



Final

BILL SUMMARY for HB16-1174



HOUSE COMMITTEE ON FINANCE


Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment B). The motion p

Refer House Bill 16-1174, as amended, to the Commi
Pass Without Objection

PASS







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.pdf16HouseFin0316AttachB.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.pdf16HouseFin0316AttachC.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.pdf16HouseFin0316AttachD.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.pdf16HouseFin0316AttachE.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.

BILL: HB16-1174
TIME: 03:51:59 PM
MOVED: Court
MOTION: Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED: Roupe
VOTE
Becker K.
Conti
Garnett
Kagan
Pabon
Roupe
Sias
Van Winkle
Wilson
Foote
Court
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1174
TIME: 03:58:34 PM
MOVED: Court
MOTION: Refer House Bill 16-1174, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED: Roupe
VOTE
Becker K.
Yes
Conti
Yes
Garnett
Yes
Kagan
Yes
Pabon
Yes
Roupe
Yes
Sias
Yes
Van Winkle
Yes
Wilson
Yes
Foote
Yes
Court
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:01 PM



The committee adjourned.


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