NOTE: The governor signed this measure on 6/4/2015. SENATE BILL 15-206 BY SENATOR(S) Roberts and Hodge, Cooke, Crowder, Donovan, Guzman, Kefalas, Merrifield; also REPRESENTATIVE(S) Garnett and Keyser, Danielson, Fields, Ginal, Hamner, Lawrence, Mitsch Bush, Priola, Rosenthal, Ryden, Vigil, Williams, Winter, Hullinghorst. Concerning phased conservation easement donations for conservation easements donated on or after January 1, 2015, and, in connection therewith, lowering transaction costs for agricultural producers, facilitating endangered species mitigation, and making an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 39-22-522, amend (4) (a) (II); and add (4) (a) (II.5) as follows: 39-22-522. Credit against tax - conservation easements. (4) (a) (II) For a conservation easement in gross created in accordance with article 30.5 of title 38, C.R.S., that is donated on or after January 1, 2007, and prior to January 1, 2015, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), C.R.S., the credit provided for in subsection (2) of this section shall be an amount equal to fifty percent of the fair market value of the donated portion of such conservation easement in gross when created; except that in no case shall the credit exceed three hundred seventy-five thousand dollars per donation. (II.5) For a conservation easement in gross created in accordance with article 30.5 of title 38, C.R.S., that is donated on or after January 1, 2015, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), C.R.S., the credit provided for in subsection (2) of this section shall be an amount equal to seventy-five percent of the first one hundred thousand dollars of the fair market value of the donated portion of such conservation easement in gross when created, and fifty percent of all amounts of the donation in excess of one hundred thousand dollars; except that, in no case shall the credit exceed one million five hundred thousand dollars per donation. SECTION 2. Appropriation. For the 2015-16 state fiscal year, $5,300 is appropriated to the department of revenue. This appropriation is from the general fund. To implement this act, the department may use this appropriation for CITA annual maintenance and support. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Bill L. Cadman Dickey Lee Hullinghorst PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO