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HB 19-1264

  • Colorado House Bill
  • 2019 Regular Session
  • Introduced in House Apr 24, 2019
  • Passed House Apr 24, 2019
  • Passed Senate May 02, 2019
  • Governor

Conservation Easement Tax Credit Modifications

Abstract

Income tax - credit for donation of conservation easement - extend repeal of conservation easement oversight commission and easement holder certification program - alternative valuation method - conservation easement working group - disclosure form - access to COMaP. A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The instruments creating the conservation easement are recorded in the public records affecting the ownership of the property. The conservation easement is held by a third party (holder), which monitors the use of the land and ensures that the terms of the agreement are upheld. A state income tax credit is currently allowed for a portion of the value of a donated conservation easement. The statutes establishing the conservation easement oversight commission and the program to certify conservation easement holders in the division of conservation are currently set to repeal on July 1, 2019. The act extends the repeal dates for each to July 1, 2026. In addition, the act: Eliminates a requirement that the board of real estate appraisers establish education and experience requirements for conservation easement appraisers; Relocates and modifies certain provisions governing the creation and valuation of conservation easements; Allows the division of conservation to use an alternative method acceptable to the division and the conservation easement oversight commission to value a conservation easement; Modifies provisions governing a conservation easement working group convened to address specified issues relating to claiming a state income tax credit for the donation of a conservation easement; Requires the owner of property who is granting a conservation easement to execute a disclosure form developed by the division of conservation and the conservation easement oversight commission regarding the easement; Modifies provisions governing when a conservation easement may be extinguished; Prohibits a conservation easement for which a state income tax credit has been allowed from being released, terminated, extinguished, or abandoned by merger, which occurs when the same entity holds both the easement and the land subject to the easement; Increases the total amount that may be claimed as an income tax credit for an individual donation of a conservation easement, but limits the amount that may be claimed per year; and Makes a $250,000 appropriation to Colorado state university to facilitate the provision of public access to the Colorado ownership, management, and protection (COMaP) service which maintains a database and corresponding map of conservation easements and other protected lands in Colorado. Additionally, the act makes conforming amendments to certain statutory sections contained in HB 19-1172, which recodifies title 12, Colorado Revised Statutes, to ensure that the provisions of the act will be effective as a result of HB 19-1172 becoming law. Specifies that certain sections take effect only if House Bill 19-1172 becomes law. (Note: This summary applies to this bill as enacted.) Read More

Bill Sponsors (4)

Dylan Roberts

  • Democratic
  • lower
  • 26
Primary

James Wilson

  • Republican
  • lower
  • 60
Primary

Faith Winter

  • Democratic
  • upper
  • 24
Primary

Kerry Donovan

  • Democratic
  • upper
  • 5
Primary

Votes


May 03, 2019

AMD

Fail

House

AMD

Fail

House

House

House

BILL

Pass

House

AMD

Fail

House

AMD

Fail

House

AMD

Fail

House

BILL

Pass

House

AMD

Fail

House

AMD

Fail

House

Actions


Jun 03, 2019

Office of the Governor

Governor Signed

May 20, 2019

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

House

Signed by the Speaker of the House

May 03, 2019

House

House Considered Senate Amendments - Result was to Concur - Repass

May 02, 2019

Senate

Senate Third Reading Passed - No Amendments

May 01, 2019

Senate

Senate Second Reading Passed with Amendments - Committee, Floor

Apr 27, 2019

Senate

Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  • Referral-Committee
  • Committee-Passage
Appropriations Senate Committee of the Whole

Apr 26, 2019

Senate

Senate Committee on Finance Refer Amended to Appropriations

  • Referral-Committee
Appropriations Finance

Apr 24, 2019

Senate

Introduced In Senate - Assigned to Finance

  • Introduction
Finance

House

House Third Reading Passed - No Amendments

Apr 23, 2019

House

House Second Reading Special Order - Passed with Amendments - Committee

House

House Committee on Appropriations Refer Amended to House Committee of the Whole

  • Referral-Committee
  • Committee-Passage
House Committee of the Whole Appropriations

Apr 15, 2019

House

House Committee on Finance Refer Unamended to Appropriations

  • Referral-Committee
Appropriations Finance

Apr 01, 2019

House

House Committee on Rural Affairs & Agriculture Refer Amended to Finance

  • Referral-Committee
Finance

Mar 22, 2019

House

Introduced In House - Assigned to Rural Affairs & Agriculture

  • Introduction
Rural Affairs & Agriculture

Bill Text

Bill Text Versions Format
Committee Amendment PDF
PA1 (04/03/2019) PDF
PA2 (04/23/2019) PDF
PA3 (04/27/2019) PDF
Introduced (03/22/2019) PDF
Engrossed (04/23/2019) PDF
Reengrossed (04/24/2019) PDF
Revised (05/01/2019) PDF
Rerevised (05/02/2019) PDF
Final Act (05/20/2019) PDF
Signed Act (06/03/2019) PDF

Related Documents

Document Format
Fiscal Note SA1 (04/22/2019) PDF
Fiscal Note SA2 (04/27/2019) PDF
Fiscal Note FN1 (03/29/2019) PDF
Fiscal Note FN2 (04/25/2019) PDF
Fiscal Note FN3 (07/25/2019) PDF

Sources

Data on Open States is updated nightly from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.