Amendments for HB08-1353
 

House Journal, March 20
43 HB08-1353 be amended as follows, and as so amended, be referred to
44 the Committee on Appropriations with favorable
45 recommendation:
46
47 Amend printed bill, page 3, after line 1, insert the following:
48
49 "SECTION 1. Legislative declaration. (1) The general
50 assembly finds, determines, and declares that:
51
52 (a) Colorado's conservation easement tax credit program was
53 designed to give landowners an incentive to preserve their land for
54 conservation and other values that would be eliminated or compromised
55 by development;
56
1 (b) Some promoters have abused the tax credit program to obtain
2 a financial benefit for themselves and their clients by submitting
3 easements that misrepresent a property's conservation or financial values.
4
5 (2) The general assembly determines that, pursuant to section 9 of
6 this act, it is appropriate for the legislative service agencies to conduct a
7 post-enactment review of this act two years after its enactment in
8 accordance with section 2-2-1201, C.R.S., and report their findings
9 relating to the implementation of this act to the general assembly. It is the
10 intent of the general assembly that desired results and benefits of this act
11 are as follows:
12
13 (a) To address abuses of the conservation easement tax credit
14 program while continuing to allow legitimate participants and the state of
15 Colorado to continue to benefit from the program;
16
17 (b) To have the division of real estate review all appraisals of
18 conservation easements and affidavits of appraisers submitted to the
19 division and maintain the information in an electronic database;
20
21 (c) To have the division of real estate investigate the activities of
22 appraisers of conservation easements to ensure that the appraisers are
23 complying with the uniform standards of professional appraisal practice
24 and other requirements of law;
25
26 (d) To establish and administer a program to certify conservation
27 easement holders to identify fraudulent or unqualified organizations and
28 prevent them for holding conservation easements for which tax credits are
29 claimed in the state;
30
31 (e) To establish a conservation easement oversight commission to
32 advise the division of real estate and the department of revenue regarding
33 conservation easements for which a tax credit is claimed and to review
34 applications for conservation easement holder certification; and
35
36 (f) To ensure that the division of real estate and the department of
37 revenue are sharing relevant information concerning conservation
38 easement appraisals in order to ensure compliance with accepted
39 appraisal practices and other provisions of law.".
40
41 Renumber succeeding sections accordingly.
42
43 Page 4, line 26, after "PROPERTY,", insert "OF WHICH THE VALUE MAY BE
44 INCREASED BY THE DONATION OF THE PROPERTY ENCUMBERED BY THE
45 APPRAISED CONSERVATION EASEMENT,".
46
47 Page 5, line 22, after "INFORMATION", insert "SUBMITTED AS PART OF THE
48 AFFIDAVIT".
49
50 Page 7, line 22, strike "C.R.S." and substitute "C.R.S.; EXCEPT THAT IN NO
51 EVENT SHALL THE FEE EXCEED THE AMOUNT OF SIX HUNDRED DOLLARS
52 FOR EACH APPRAISAL SUBMITTED. ON OR BEFORE JANUARY 1, 2009, AND
53 ON OR BEFORE EACH JANUARY 1 THEREAFTER, THE DIVISION SHALL
54 CERTIFY TO THE GENERAL ASSEMBLY THE AMOUNT OF THE FEE
55 PRESCRIBED BY THE DIVISION PURSUANT TO THIS SUBSECTION (8).".
56
1 Page 8, line 7, after "APPLICANTS", insert "AS DEFINED BY THE RULES OF
2 THE COMMISSION";
3
4 line 15, strike "SHALL" and substitute "MAY";
5
6 line 18, after "STEWARDSHIP", insert "PRACTICES AND";
7
8 strike line 21 and substitute the following:
9
10 "(c) AN AUDIT OF THE APPLICANT'S FINANCIAL RECORDS;";
11
12 line 22, strike "ETHICS;" and substitute "ETHICS REGARDING CONFLICTS OF
13 INTEREST AND TRANSACTIONS WITH RELATED PARTIES AS DESCRIBED IN
14 SECTION 267 (b) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986",
15 AS AMENDED, DONORS, BOARD MEMBERS, AND INSIDERS. FOR PURPOSES
16 OF THIS PARAGRAPH (d), "INSIDERS" MEANS BOARD AND STAFF MEMBERS,
17 SUBSTANTIAL CONTRIBUTORS, PARTIES RELATED TO THOSE ABOVE, THOSE
18 WHO HAVE AN ABILITY TO INFLUENCE DECISIONS OF THE ORGANIZATION,
19 AND THOSE WITH ACCESS TO INFORMATION NOT AVAILABLE TO THE
20 GENERAL PUBLIC.".
21
22 Page 9, line 14, strike "C.R.S." and substitute "C.R.S.; EXCEPT THAT IN NO
23 EVENT SHALL THE FEE EXCEED THE AMOUNT OF FIVE THOUSAND EIGHT
24 HUNDRED TEN DOLLARS FOR EACH APPLICATION SUBMITTED. ON OR
125 BEFORE JANUARY 1, 2009, AND ON OR BEFORE EACH JANUARY
26 THEREAFTER, THE DIVISION SHALL CERTIFY TO THE GENERAL ASSEMBLY
27 THE AMOUNT OF THE FEE PRESCRIBED BY THE DIVISION PURSUANT TO THIS
28 SUBSECTION (3).".
29
30 Page 10, line 24, strike "LAND TRUSTS" and substitute "ENTITIES
31 DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (4) OF THIS SECTION";
32
33 line 25, strike "GOVERNMENTAL,";
34
35 line 26, strike "HISTORIC," and substitute "ENTITIES DESCRIBED IN
36 PARAGRAPHS (b) AND (c) OF SUBSECTION (4) OF THIS SECTION,".
37
38 Page 15, line 13, strike "(1) (d) (II)" and substitute "(1) (b), (1) (d) (II),";
39
40 line 17, after "organization", insert "EXCEPT A FEDERAL AGENCY,";
41
42 after line 23, insert the following:
43
44 "(b) The number of acres subject to each conservation easement
45 held in Colorado, EXCEPT PROPERTIES FOR WHICH THE SOLE
46 CONSERVATION PURPOSE IS HISTORICAL SIGNIFICANCE;".
47
48 Page 16, line 5, after "in", insert "THE";
49
50 line 12, strike "and" and substitute "and";
51
52 line 13, strike "resources, AND THE DIVISION OF REAL ESTATE." and
53 substitute "resources.".
54
55 Page 20, line 10, after "(3.5)", insert "(a)".
56
1 Page 21, line 2, after "APPRAISER", insert "IN GOOD STANDING AND NOT
2 AFFILIATED WITH THE FIRST APPRAISER";
3
4 after line 6, insert the following:
5
6 "(b) THE EXECUTIVE DIRECTOR SHALL DEVELOP AND IMPLEMENT
7 A SEPARATE PROCESS FOR THE REVIEW OF GROSS CONSERVATION
8 EASEMENTS IN CONSULTATION WITH THE DIVISION OF REAL ESTATE AND
9 THE CONSERVATION EASEMENT OVERSIGHT COMMISSION CREATED IN
10 SECTION 12-61-721 (1), C.R.S. THE REVIEW PROCESS SHALL BE
11 CONSISTENT WITH THE STATUTORY OBLIGATIONS OF THE DIVISION AND
12 THE COMMISSION AND SHALL INCLUDE THE REVIEW OF GROSS
13 CONSERVATION EASEMENTS FOR WHICH THE DEPARTMENT OF REVENUE
14 HAS BEEN INFORMED THAT AN AUDIT IS BEING PERFORMED BY THE
15 INTERNAL REVENUE SERVICE. THE EXECUTIVE DIRECTOR SHALL HAVE THE
16 AUTHORITY TO SHARE INFORMATION USED IN THE REVIEW OF GROSS
17 CONSERVATION EASEMENTS WITH THE DIVISION OF REAL ESTATE. ON OR
18 BEFORE JANUARY 1, 2009, THE EXECUTIVE DIRECTOR SHALL REPORT TO
19 THE GENERAL ASSEMBLY ON THE STATUS OF THE DEVELOPMENT AND
20 IMPLEMENTATION OF THE PROCESS REQUIRED BY THIS PARAGRAPH (b).";
21
22 after line 23, insert the following:
23
24 "SECTION 9. Accountability. Two years after this act becomes
25 law and in accordance with section 2-2-1201, Colorado Revised Statutes,
26 the legislative service agencies of the Colorado General Assembly shall
27 conduct a post-enactment review of the implementation of this act
28 utilizing the information contained in the legislative declaration set forth
29 in section 1 of this act.".
30
31 Renumber succeeding sections accordingly.
32
33 Page 1, line 104, strike "STATE." and substitute "STATE, AND REQUIRING
34 A POST-ENACTMENT REVIEW OF THE IMPLEMENTATION OF THIS ACT.".
35
36

House Journal, April 7
1 HB08-1353 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend the Finance Committee Report, dated March 19, 2008, page 4,
6 after line 28, insert the following:
7
8 ""SECTION 9. Appropriation - adjustments to the 2008 long
9 bill. (1) In addition to any other appropriation, there is hereby
10 appropriated, out of any moneys in the conservation easement appraisal
11 review fund created in section 12-61-719 (8), Colorado Revised Statutes,
12 not otherwise appropriated, to the department of regulatory agencies, for
13 allocation to the division of real estate, to review conservation easement
14 appraisals, for the fiscal year beginning July 1, 2008, the sum of two
15 hundred thirty-six thousand nine hundred thirty-seven dollars ($236,937)
16 and 1.8 FTE, or so much thereof as may be necessary, for the
17 implementation of this act.
18
19 (2) In addition to any other appropriation, there is hereby
20 appropriated, out of any moneys in the conservation easement holder
21 certification fund created in section 12-61-720 (3), Colorado Revised
22 Statutes, not otherwise appropriated, to the department of regulatory
23 agencies, for allocation to the division of real estate, to implement and
24 administer a conservation easement holder certification program, for the
25 fiscal year beginning July 1, 2008, the sum of two hundred thirty-six
26 thousand nine hundred thirty-seven dollars ($236,937) and 1.8 FTE, or so
27 much thereof as may be necessary, for the implementation of this act.
28
29 (3) In addition to any other appropriation, there is hereby
30 appropriated, out of any moneys in the general fund not otherwise
31 appropriated, to the department of revenue, for allocation to the taxation
32 business group division, for the review of gross conservation easements,
33 for the fiscal year beginning July 1, 2008, the sum of ninety-two thousand
34 eight hundred eighteen dollars ($92,818) and 2.0 FTE, or so much thereof
35 as may be necessary, for the implementation of this act.".
36
37 (4) For the implementation of this act, the general fund
2038 appropriation to the controlled maintenance trust fund made in section
39 of the annual general appropriation act, for the fiscal year beginning July
40 1, 2008, shall be decreased by ninety-two thousand eight hundred
41 eighteen dollars ($92,818);
42
43 line 29, strike ""SECTION 9." and substitute "SECTION 10.".
44
45 Page 5 of the committee report, line 6, strike "ACT."." and substitute
46 "ACT, AND MAKING AN APPROPRIATION IN CONNECTION
47 THEREWITH.".".
48
49

House Journal, April 10
41 Amendment No. 1, Finance Report, dated March 19, 2008, and placed in
42 member's bill file; Report also printed in House Journal, March 20,
43 pages 944-947.
44
45 Amendment No. 2, Appropriations Report, dated April 4, 2008, and
46 placed in member's bill file; Report also printed in House Journal, April 7,
47 page 1167.
48
49 Amendment No. 3, by Representative Madden.
50
51 Amend the Finance Committee Report, dated March 19, 2008, page 2,
52 line 2, strike "all";
53
54 after line 26, insert the following:
55 "Page 6 of the printed bill, line 8, strike "APPRAISAL SUBMITTED IN" and
56 substitute "APPRAISER COMPLIED";
1 line 9, strike "ACCORDANCE WITH THIS SECTION COMPLIES".".
2
3 Page 3 of the committee report, line 2, strike "COMMISSION";" and
4 substitute "DIVISION";";
5
6 line 22, strike "(3)."." and substitute "(3).";";
7
8 after line 22, insert the following:
9
10 "line 17, strike "VALUES;" and substitute "VALUES CONSISTING OF
11 RECREATION OR EDUCATION, PROTECTION OF ENVIRONMENTAL SYSTEMS,
12 OR PRESERVATION OF OPEN SPACE;";
13
14 line 18, strike "PROPERTIES OF" and substitute "PROPERTY FOR HISTORIC
15 PRESERVATION; AND";
16
17 strike line 19.";
18
19 strike line 29.
20
21 Page 4, line 13, strike "THE" and substitute "IN CONSULTATION WITH THE
22 DIVISION OF REAL ESTATE AND THE CONSERVATION EASEMENT OVERSIGHT
23 COMMISSION CREATED IN SECTION 12-61-721 (1), C.R.S., THE";
24
25 line 14, after "REVIEW", insert "BY THE DEPARTMENT OF REVENUE";
26
27 strike lines 15 through 17 and substitute the following:
28
29 "EASEMENTS. THE REVIEW PROCESS SHALL BE";
30
31 line 19, strike "INCLUDE THE REVIEW OF" and substitute "ADDRESS";
32
33 line 22 strike "HAVE THE";
34
35 line 23, strike "AUTHORITY TO";
36
37 line 24, strike "DIVISION OF REAL ESTATE." and substitute "DIVISION.
38 NOTWITHSTANDING PART 2 OF ARTICLE 72 OF TITLE 24, C.R.S., IN ORDER
39 TO PROTECT THE CONFIDENTIAL FINANCIAL INFORMATION OF A TAXPAYER,
40 THE DIVISION AND THE COMMISSION SHALL DENY THE RIGHT TO INSPECT
41 ANY INFORMATION PROVIDED BY THE EXECUTIVE DIRECTOR IN
42 ACCORDANCE WITH THIS PARAGRAPH (b).".
43
44 Page 4 of the committee report, line 4, strike "HISTORICAL
45 SIGNIFICANCE;"." and substitute "HISTORIC PRESERVATION;".";
46
47 strike line 8 and substitute the following:
48
49 "substitute "resources.";
50
51 line 17, strike "A NEW SUBSECTION" and substitute "THE
52 FOLLOWING NEW SUBSECTIONS".";
53
54 after line 8, insert the following:
55
56 "Page 17 of the printed bill, after line 2, insert the following:
1 "(4) FEDERAL AGENCIES THAT ACCEPT CONSERVATION EASEMENTS
2 FOR WHICH A STATE INCOME TAX CREDIT IS CLAIMED ARE EXEMPT FROM
3 THE SUBMISSION OF INFORMATION REQUIRED IN SUBSECTION (1) OF THIS
4 SECTION AND, IN ANY CALENDAR YEAR COMMENCING ON OR AFTER
5 JANUARY 1, 2008, SHALL BE EXEMPT FROM THE FILING REQUIREMENTS OF
6 SUBSECTIONS (2) AND (3) OF THIS SECTION. CONSERVATION EASEMENTS
7 ACCEPTED BY FEDERAL AGENCIES MAY RECEIVE THE STATE TAX CREDIT
8 WITHOUT THE FEDERAL AGENCY HAVING FILED THE INFORMATION
9 REQUIRED BY THIS SECTION.".
10
11 Page 19, line 11, strike "A" and substitute "IF THE HOLDER OF THE
12 CONSERVATION EASEMENT IS AN ORGANIZATION TO WHICH THE
13 CERTIFICATION PROGRAM IN SECTION 12-61-720, C.R.S., APPLIES, a".".
14
15 Page 4 of the committee report, line 9, strike ""(a)"." and substitute
16 ""(a)";"
17
18 after line 9, insert the following:
19
20 "line 24, strike "OR IF THE EXECUTIVE DIRECTOR";
21
22 line 26, after "REAL ESTATE,", insert "OR RECEIVES NOTICE FROM THE
23 DIVISION OF REAL ESTATE THAT AN ENFORCEMENT ACTION HAS BEEN
24 TAKEN BY THE BOARD OF REAL ESTATE APPRAISERS AGAINST THE
25 APPRAISER,".".
26
27 Page 5 of the committee report, line 5, strike "AND".
28
29 As amended, ordered engrossed and placed on the Calendar for Third
30 Reading and Final Passage.
31
32 A motion by Representative Carroll T that the Committee rise, report
33 progress and beg leave to sit again at 1:30 p.m., was adopted by
34 unanimous consent. (Special Orders continued on page 1241.)

Senate Journal, April 23
After consideration on the merits, the Committee recommends that HB08-1353 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 26, line 19, strike "20" and substitute "23".