Bill Summary for Bill Number HB12-1307

Date: 03/08/2012

Final
BILL SUMMARY for HB12-1307

HOUSE COMMITTEE ON FINANCE

Votes: View-->	Action Taken:
Refer House Bill 12-1307 to the Committee of the W	PASS

10:24 AM -- House Bill 12-1307 - Concerning Nonlawyer Trustees

Representative Summers, and Representative Kerr J., prime sponsors, explained the provisions of the bill. Representative Summers began by saying that current law does not allow a nonlawyer trustee to represent a trust in hearings before the Board of Assessment Appeals (BAA). He continued by saying that House Bill 12-1307 authorizes a nonlawyer trustee to represent a trust in those hearings if the trust consists of less than $3 million in total assets.

The committee discussed the $3.0 million threshold in the bill and heard testimony to address the issue.

The following persons testified:

10:28 AM -- Mr. Jim Everson, representing the Jefferson County Assessor's Office, testified in support of the bill and responded to committee questions. He noted that the $3.0 million threshold in the bill was put in place to identify individual and corporate estates. Mr. Everson noted that trusts having a value below $3.0 million are more likely individual and less complex trusts or estates while those valued above $3.0 million are likely commercial trusts that are more complex. He noted that in most cases, the BAA rules do not allow for nonlawyers to represent trusts. Mr. Everson closed by saying that this bill clarifies that trustees who are not lawyers can represent trusts if they are valued at $3.0 million or less.

10:43 AM -- Mr. Bart Miller, Office of Legislative Legal Services, responded to questions about current law as it applies to trusts and the provisions in the bill.

10:54 AM -- Mr. Bruce Eisenhauer, Department of Local Affairs, spoke to the $3.0 million threshold in the bill and the complexity of trusts valued over the threshold.

11:05 AM -- Mr. William Jones, representing himself, discussed his personal experience with his mother's trust and his inability to represent the trust before the BAA under current law. He closed by saying that the cost of hiring an attorney was greater than the value of the tax advantage that he was appealing before the BAA.


BILL:	HB12-1307
TIME:	11:11:08 AM
MOVED:	Holbert
MOTION:	Refer House Bill 12-1307 to the Committee of the Whole. The motion passed on a vote of 12-0, with 1 member excused.
SECONDED:	Beezley
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Excused
	Holbert	Yes
	Hullinghorst	Yes
	Kagan	Yes
	Kefalas	Yes
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:16 AM

The committee adjourned.