HOUSE BILL 09-1014
      
      
      BY REPRESENTATIVE(S) Judd, Curry, Fischer, McGihon, McKinley,
      Merrifield, Miklosi, Ryden;
      also SENATOR(S) Isgar, Hodge.
      
      
      Concerning the provision of additional resources to the division
           of real estate to provide oversight of conservation
           easements for which a state income tax credit is claimed.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  12-61-719 (8), Colorado Revised Statutes, is amended
      to read:
      
           12-61-719.  Conservation easement appraisals - fund created. 
      (8)  Any appraiser who submits a copy of an appraisal to the division in
      accordance with the requirements of this section shall pay the division a fee
      as prescribed by the division.  The fee shall cover the costs of the division
      in administering the requirements of this section.  The division shall
      have the authority to accept and expend gifts, grants, and
      donations for the purposes of this section.  The state treasurer shall
      credit the fees, gifts, grants, and donations to the conservation
      easement appraisal review fund, which fund is hereby created in the state
      treasury.  Moneys in the fund shall be annually appropriated to the division
      for the purposes of implementing and administering this section and shall
      not revert to the general fund at the end of any fiscal year.  The fund shall
      be maintained in accordance with section 24-75-402, C.R.S.  except that in
      no event shall the fee exceed the amount of six hundred dollars for each
      appraisal submitted.  On or before January 1, 2009, and on or before each
      January 1 thereafter, the division shall certify to the general assembly the
      amount of the fee prescribed by the division pursuant to this subsection (8).
      
           SECTION 2.  12-61-720 (3) and (9), Colorado Revised Statutes, are
      amended to read:
      
           12-61-720.  Certification of conservation easement holders - fund
      created - rules - repeal.  (3)  At the time of submission of an application,
      and each year the entity is certified pursuant to this section, the
      applicant shall pay the division a fee as prescribed by the division.  The fee
      shall cover the costs of the division and the commission in administering the
      certification program for entities that hold conservation easements for
      which tax credits are claimed pursuant to section 39-22-522, C.R.S.  The
      division shall have the authority to accept and expend gifts,
      grants, and donations for the purposes of this section.  The state
      treasurer shall credit fees, gifts, grants, and donations collected
      pursuant to this subsection (3) to the conservation easement holder
      certification fund, which fund is hereby created in the state treasury. 
      Moneys in the fund shall be annually appropriated to the division for the
      purposes of implementing and administering this section and shall not revert
      to the general fund at the end of any fiscal year.  The fund shall be
      maintained in accordance with section 24-75-402, C.R.S.  except that in no
      event shall the fee exceed the amount of five thousand eight hundred ten
      dollars for each application submitted.  On or before January 1, 2009, and
      on or before each January 1 thereafter, the division shall certify to the
      general assembly the amount of the fee prescribed by the division pursuant
      to this subsection (3).
      
           (9)  Certification granted in accordance with the provisions of this
      section shall be effective for a three-year period.
      
           SECTION 3.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly that is
      allowed for submitting a referendum petition pursuant to article V, section
      1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on
      May 6, 2009); except that, if a referendum petition is filed against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                    Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO