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Bill: HB20-1146
Title: Conservation Easement Transparency
LobbyistsLobbyists
Hearing Room
Intro Date01/17/2020
CCW Summary

Concerning conservation easement transparency.

History 
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Bill Subject- Fiscal Policy & Taxes
Official Summary

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, which monitors the use of the land and ensures that
the terms of the agreement are upheld.
Prior to creating a conservation easement, section 1 of the bill

requires the property owner to sign a disclosure form acknowledging
certain specified consequences and risks of creating the easement on his
or her land.
Section 3 requires the commissioner of agriculture to work with
local government officials to create a database of conservation easements
in the state. The database includes specified information about the
easements and a corresponding map displaying each easement in the state
relative to county boundaries. Local government officials and the
commissioner of agriculture are authorized to enter into contracts to assist
in gathering information for the database. The bill specifies the sources
of information that may be used to create the database. The commissioner
of agriculture is required to annually update the information in the
database and make the information and corresponding map available to
the public at no charge on the department of agriculture's website.
When a conservation easement agreement, amendment, or transfer
is recorded with a county clerk and recorder, section 2 requires a
complete copy of the agreement, amendment, or transfer to be submitted
to the commissioner of agriculture and the county tax assessor of the
county in which the easement is located. The commissioner of agriculture
is required to create a tracking form with specified information for each
conservation easement agreement, amendment, or transfer submitted. The
tracking forms are made available on the department of agriculture's
website and can be used by the commissioner of agriculture to create and
maintain the database of conservation easements.
For any state income tax credit claimed for a donation of a
conservation easement that is disallowed, section 3 also allows a
landowner to elect to either extinguish the conservation easement for
which the credit was claimed or receive an equitable relief payment from
the state. If a landowner elects to extinguish the conservation easement,
the bill requires the department of revenue to reimburse the taxpayer for
all reasonable costs incurred by the landowner in establishing the
conservation easement donation as well any federal or state income tax
liability incurred by the taxpayer. The attorney general is required to assist
landowners with executing any documents required to seek a court order
to extinguish a conservation easement.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsP. Neville (R)
Senate Sponsors
StatusHouse Committee on Rural Affairs & Agriculture Postpone Indefinitely (02/10/2020)
Fiscal NotesFiscal Notes (10/23/2020)
Hearing Date
Hearing Time
House CommitteeRural Affairs and Agriculture
Senate Committee
VotesVotes all Legislators

Bill: HB20-1155
Title: Higher Efficiency New Construction Residence
LobbyistsLobbyists
Hearing Room
Intro Date01/17/2020
CCW Summary

Concerning requirements that builders of new residences offer buyers options to accommodate higher efficiency devices.

History 
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Bill Subject- Housing
- Natural Resources & Environment
Official Summary

Current law requires a home builder to offer to a buyer of a new
home one of the following:
  • A solar panel system or a solar thermal system;
  • To prewire or preplumb the home for these systems; or
  • A chase or conduit to wire or plumb the home for these

systems in the future.
Section 1 of the bill changes this to require that the home builder offer
each of these options.
Section 2 requires a home builder to offer one of the following
options to a buyer of a newly constructed residence:
  • An electric vehicle charging system;
  • Upgrades of wiring to accommodate future installation of
an electric vehicle charging system; or
  • A 208- to 240-volt alternating current plug-in located in a
place accessible to a motor vehicle parking area.
Section 2 also requires the home builder to offer electric heating options.
These requirements apply to both traditional detached, single-family
homes and buildings that contain owner-occupied condominium units.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsM. Weissman (D)
A. Valdez (D)
Senate SponsorsK. Priola (R)
C. Hansen (D)
StatusGovernor Signed (06/30/2020)
Fiscal NotesFiscal Notes (08/07/2020)
Hearing Date
Hearing Time
House CommitteeEnergy and Environment
Senate CommitteeTransportation and Energy
VotesVotes all Legislators

Bill: HB20-1280
Title: CDHE Data For Student Return On Investment Metrics
LobbyistsLobbyists
Hearing Room
Intro Date02/03/2020
CCW Summary

Concerning authorizing the department of higher education to collect the data necessary to calculate return on investment metrics related to student outcomes.

History 
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Bill Subject- Higher Education
Official Summary

The bill authorizes the department of higher education
(department) to collect the data necessary to calculate return on
investment metrics similar to the student cost and employment outcome
information for certain higher education institutions not currently covered
in the department's annual return on investment report. The department

may include the information collected in its annual return on investment
report.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsC. Larson (R)
C. Kipp (D)
Senate SponsorsJ. Bridges (D)
J. Smallwood (R)
StatusGovernor Signed (03/27/2020)
Fiscal NotesFiscal Notes (07/23/2020)
Hearing Date
Hearing Time
House CommitteeEducation
Senate CommitteeEducation
VotesVotes all Legislators

Bill: SB20-047
Title: Financial Institution Agent Analyses Not Real Estate Appraisal
LobbyistsLobbyists
Hearing Room
Intro Date01/08/2020
CCW Summary

Concerning an exemption from the definition of a real estate appraisal of analyses prepared by agents of financial institutions for the institutions' internal use only.

History 
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Bill Subject-
- Professions & Occupations
Official Summary

Current law exempts from the definition of a real estate appraisal
certain analyses prepared by an officer, director, or regularly salaried
employee of a financial institution or its affiliate when the analyses are
used for internal purposes only. Federal law also exempts such analyses
when they are prepared by an agent of a financial institution or its

affiliate. The bill adds these agents to the list of people who can make
these exempt analyses.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsT. Kraft-Tharp (D)
K. Van Winkle (R)
Senate SponsorsA. Williams (D)
J. Tate (R)
StatusGovernor Signed (03/11/2020)
Fiscal NotesFiscal Notes (08/05/2020)
Hearing Date
Hearing Time
House CommitteeBusiness Affairs and Labor
Senate CommitteeBusiness, Labor and Technology
VotesVotes all Legislators

Bill: SB20-049
Title: Senior Property Tax Exemption Medical Necessity
LobbyistsLobbyists
Hearing Room
Intro Date01/08/2020
CCW Summary

Concerning the preservation of the senior property tax exemption of a senior who changes primary residences due to medical necessity.

History 
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Bill Subject- Fiscal Policy & Taxes
Official Summary

The bill specifies that for property tax years commencing on or
after January 1, 2021, a senior is deemed to be a 10-year owner-occupier
of a primary residence that the senior has owned and occupied for less
than 10 years and therefore qualifies for the senior property tax exemption
for the residence if:

  • The senior would have qualified for the senior property tax
exemption for the senior's former primary residence but for
the fact that medical necessity required the senior to stop
occupying the former primary residence;
  • The senior has not previously received the exemption for a
former primary residence on the basis of medical necessity;
and
  • The senior has not owned and occupied another primary
residence since the senior first stopped occupying his or her
former primary residence due to medical necessity.
Medical necessity is defined as a medical condition of a senior that a
physician licensed to practice medicine in Colorado has certified, on a
form developed by the state property tax administrator, as having required
the senior to stop occupying the senior's prior primary residence.
When applying for such an exemption, a senior must provide the
form establishing proof of medical necessity.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsT. Carver (R)
Senate SponsorsR. Gardner (R)
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (01/29/2020)
Fiscal NotesFiscal Notes (09/02/2020)
Hearing Date
Hearing Time
House Committee
Senate CommitteeState, Veterans and Military Affairs
VotesVotes all Legislators

Bill: SB20-093
Title: Consumer And Employee Dispute Resolution Fairness
LobbyistsLobbyists
Hearing Room
Intro Date01/13/2020
CCW Summary

Concerning protections related to mandatory agreement provisions, and, in connection therewith, enacting the "Consumer and Employee Dispute Resolution Fairness Act".

History 
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Bill Subject- Courts & Judicial
- Labor & Employment
Official Summary

The bill enacts the Consumer and Employee Dispute Resolution
Fairness Act (act). For certain consumer and employment arbitrations,
the act:

  • Prohibits the waiver of standards for and challenges for
evident partiality prior to a claim being filed and requires
any waiver of such provisions after the claim is filed to be
in writing;
  • Provides that the right of a party to challenge an arbitrator
based on evident partiality is waived if not raised within a
reasonable time of learning of the information leading to
the challenge but that such right is not waived if caused by
the opposing party;
  • Establishes ethical standards for arbitrators; and
  • Requires specified public disclosures by arbitration
services providers but includes protections for certain
confidential information.
The bill also requires an individual arbitrator for certain consumer
and employment arbitrations to make additional disclosures of
information that might affect the arbitrator's impartiality.
The bill specifies how attorney fees and other reasonable expenses
are to be awarded if a court vacates an award because of an arbitrator's
evident partiality or failure to make required disclosures and clarifies
when appeals of orders may be made in consumer and employee
arbitrations.
The bill also provides that for a standard form contract involving
a consumer or employee:
  • Specified terms are unenforceable as against public policy;
  • Including an unenforceable term constitutes a deceptive
trade practice under the Colorado Consumer Protection
Act; and
  • How certain cost-shifting provisions are to be interpreted.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsD. Jackson (D)
M. Weissman (D)
Senate SponsorsM. Foote (D)
S. Fenberg (D)
StatusHouse Committee on Finance Postpone Indefinitely (06/04/2020)
Fiscal NotesFiscal Notes (08/24/2020)
Hearing Date
Hearing Time
House CommitteeFinance
Senate CommitteeJudiciary
VotesVotes all Legislators

Bill: SB20-096
Title: Remote Notaries Protect Privacy
LobbyistsLobbyists
Hearing Room
Intro Date01/14/2020
CCW Summary

Concerning an authorization for notaries public to perform notarial acts using audio-video communication.

History 
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Bill Subject- State Government
Official Summary

Current law requires an individual who wishes to have a document
notarized to appear personally before a notary public. The bill authorizes
a notary public to perform a notarial act on behalf of an individual who
is not in the notary's physical presence, but only with respect to an
electronic document.
To perform a remote notarization, a notary must use an

electronic system that conforms to standards established by rules of the
secretary of state, including using real-time audio-video communication.
The bill establishes the standards that a notary must comply with to have
satisfactory evidence of the identity of the individual seeking the remote
notarization.
The bill also prohibits the use or sale of personal information of a
remotely located individual by a remote notary and the provider of a
remote notarization system except in specific, limited circumstances.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsM. Duran (D)
T. Carver (R)
Senate SponsorsR. Rodriguez (D)
C. Holbert (R)
StatusGovernor Signed (06/26/2020)
Fiscal NotesFiscal Notes (09/23/2020)
Hearing Date
Hearing Time
House CommitteeBusiness Affairs and Labor
Senate CommitteeJudiciary
VotesVotes all Legislators

Bill: SB20-135
Title: Conservation Easement Working Group Proposals
LobbyistsLobbyists
Hearing Room
Intro Date01/27/2020
CCW Summary

Concerning the adoption of statutory changes related to conservation easements that were recommended by the conservation easement working group convened in accordance with House Bill 19-1264.

History 
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Bill Subject- Fiscal Policy & Taxes
Official Summary

A working group was convened over the 2019 interim pursuant to
House Bill 19-1264 to develop proposed statutes to address certain issues
affecting the creation, valuation, tax treatment, and stewardship of

conservation easements in the state. The bill implements the
recommendations of the working group as follows:
  • Section 1 of the bill modifies the method of calculating the
amount of the state income tax credit that may be claimed
for the donation of a conservation easement. The section
also clarifies the manner in which certain business entities
claim the credit.
  • Section 2 requires the state to provide compensation for
certain taxpayers who were denied state income tax credits
for conservation easements donated between 2000 and
2013 if the federal internal revenue service allowed a
federal income tax deduction for the same donation. The
amount of the compensation is based upon the amount of
the credit that could have been claimed at the time of the
original donation based upon the value of the donation
accepted by the internal revenue service. The amount of
compensation is reduced by any amount that was allowed
to be claimed against Colorado income tax or otherwise
reinstated to the claimant of the compensation. Where a tax
credit was transferred to another taxpayer as transferee, the
bill provides a process for all parties to the transaction to
submit a mutual application for compensation or, if there is
objection, a process to resolve disputes about the
distribution of compensation. The total amount of
compensation to be paid to all claimants is limited to the
amount of unused conservation easement tax credits that
could have been claimed between 2013 and 2019 under an
existing statutory cap amount, but were not claimed. If the
unclaimed amounts are not sufficient to satisfy all claims,
then any unsatisfied claims would be paid in future years.
The cap for each future year would be reduced by the
amount of claims paid; except that the total amount of
claims paid in a year could not exceed 50% of the amount
of the cap for that year.
  • Section 3 requires the director of the division of
conservation to designated an ombudsman to assist in
resolving certain disputes related to conservation
easements.
  • Section 3 also addresses the abandonment of conservation
easements, which occurs when the holder of an easement
no longer fulfills its stewardship obligations with respect to
the easement. The division of conservation is required to
investigate potential abandoned easements, make findings
regarding each easement, and report its findings to the
conservation easement oversight commission
(commission). The commission then conducts a public
hearing on the easement and, if it determines that an
easement is abandoned, appoints a receiver to monitor the
easement. Receivership for an abandoned easement is
limited to 5 years, during which time the commission
reviews the easement and attempts to identify options to
reform the easement, have it assigned to another holder, or
extinguish the easement. A stewardship account is
established to provide for the cost of carrying out the
stewardship obligations resulting from abandoned
easements. A specified amount of money is appropriated to
the stewardship account for the 2020-21 fiscal year, with a
corresponding reduction in the amount of conservation
easement tax credits that can be claimed for one year.

Custom Summary
Comment
Category
Position
Full TextFull Text of Bill
Bill DocsBill Documents
House SponsorsD. Roberts (D)
J. Wilson (R)
Senate SponsorsJ. Sonnenberg (R)
K. Donovan (D)
StatusSenate Committee on Appropriations Postpone Indefinitely (06/13/2020)
Fiscal NotesFiscal Notes (10/01/2020)
Hearing Date
Hearing Time
House Committee
Senate CommitteeAgriculture and Natural Resources
VotesVotes all Legislators
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