April 14, 2026 · Finance · 33,802 words · 25 speakers · 331 segments
Good afternoon. Welcome to Senate Finance. Ms. Rudebush, will you please take the role?
Senators Benavides.
Present. Bright.
Here. Frazell.
Excused. Polker.
Here. Mullica.
Excused. Simpson.
Present. Snyder.
Here. Marchman.
Excused. Madam Chair.
Here. Good afternoon, everybody. We are going to be hearing four bills today, HB 26-1188, HB 26-116, HB 26-049, SB 26-155. I do want to let everybody know that 116 and 49 both have strike blows. If you need a copy of the strike below to know whether you still want to testify, please reach out and we'll attempt to get you one. Okay. And with that, we are going to start with Senator Colker on HB 26-1188 Sunset Process Securities Regulation.
Senator Colker. Oh, one moment, Madam Chair. I appreciate it.
Please. Take your time. Please.
I've got to pull up my notes. Thank you. There it is. Found it. Thank you. So this bill is a sunset bill from the Department for the Colorado Securities Act. established a framework, again, from the Colorado Securities Act for the registration of securities and licensing of securities and professionals that establishes anti-fraud provisions related to securities. This particular bill is to continue the act for 11 years until 2037, continue the Securities Board for 11 years also until 2037. One of the other main points of this bill is to clarify that deficiency letters are not public documents when it comes to CORA requests. So if the securities commissioner basically sends a cease and desist letter to someone like myself, who is a registered investment advisor, saying, you know, we want you to stop this action and then have an opportunity to correct it or have a hearing, if it gets out into the public, you know, that could harm that person until the due process has been done. So we want to make sure that we're maintaining that privacy. It also revises the process by which the commissioner issues those cease and desist orders and the summary suspensions that can go. And so the technical parts I going to let the department speak about because you know they the ones implementing THERE SOME reasons behind it in particular people not showing up to hearings Sometimes you get bad actors who, let's say they're caught, well, then the department sets a hearing, but they never show. So this is just giving them flexibility on this, still allowing people to have a hearing, but also for the department to basically give those recommendations ahead of time. So that's the gist of the bill. Like I said, I'll have the department talk more about it when it comes to the technical aspects. Thank you.
And please let the record reflect that Vice Chair Marchman and Senators Mullica and Frizzell are both here. And do we have questions for our bill sponsor? Okay. Well, you must have done a good job of answering everything right up front, but we'll see what we have. We do have one person signed up for who's remote, and we do have two people for questions only, somebody from the Division of, from DORA, from Department of Regulatory Agencies. Oh, no, we have two people from DORA, one from the Division of Securities and one from the COPRRR, which I don't know what that is off the top, but we'll make sure that they introduce themselves and tell us. And if anybody else is wanting to testify, there are empty seats up front. Come on down and we will get you to sign up later. But this is your first and last opportunity to testify. So we are going to start with Mr. Neal Marks online, if he is there. and just so you know because of the volume of people we have to testify today who signed up we are doing two-minute testimony so mr. marks um please unmute and proceed
Thank you. Can you hear me?
Yes, please proceed.
Thank you, Chair and members of the committee. Thank you for the opportunity to testify today. My name is Neil Marks. I'm a co-owner and advisor representative of Prime Financial Strategies. We're a Colorado registered investment advisor. I hold the certified financial planner designation as well as a chartered financial consultant, accredited investment fiduciary, and accredited estate planner designations. I'm here on behalf of NAFA Colorado, representing hundreds of financial advisors who serve Main Street families and businesses across our state. NAFA Colorado supports reauthorizing the Colorado Division of Securities. Our members believe deeply in a regulatory environment that protects consumers, ensures fair and transparent markets, and allows financial professionals to help Coloradans build secure financial futures. Over the past several years, NAFA Colorado has built a constructive working relationship with the Division of Securities and the Securities Commissioner Chan, the Division consistently demonstrates a willingness to engage stakeholders, listen to industry, and ensure that regulations are effective and not burdensome. This balanced approach fosters an environment where both consumer protection and economic growth can thrive. NAFA, Colorado engaged in the Sunset Review, and we're here today to highlight a few important points. First, we support maintaining clear and fair processes around enforcement actions. For example, issuing a preliminary warning letter before a formal cease and desist order helps resolve misunderstandings quickly and collaboratively, often preventing escalated action while still protecting the public. Second, we believe the recommendation for deficiency letters strike the right balance between transparency and fairness Third advisor registration including requirements for those doing business in Colorado but residing elsewhere continue to function well The Securities Division plays a critical role in ensuring Coloradans have access to professional guidance and safe investment opportunities. Reauthorization allows this work to continue, strengthens the partnership between regulators and industry, and ensures that Colorado's consumers remain well protected in an increasingly complex financial landscape. For these reasons and the recommendations from the report, NAFA Colorado respectfully urges your support of House Bill 26-1188. Thank you for your time and your commitment to Colorado's investors and financial professionals. Thank you and please
hold for questions and I don't know if Mr. Tobias is online. If he is, can we please bring him in? And Commissioner Chan, would you like to introduce yourself and at least tell people what you are able to answer questions about? That would be helpful.
Oh, of course.
And if you wanted to give testimony, that's fine too. Thank you, Senator Kipp.
I'm the Colorado Securities Commissioner, and I implement the Colorado Securities Act and the Colorado Commodities Code and the Municipal Act. And this is a sunset bill regarding my division, which is 28 staffers. They're split between examiners and the anti-fraud prosecuting side, which has seven investigators and two auditors, and we work with a team that's dedicated in the AG's office to prosecute our cases. I'm also able to refer cases for criminal prosecution with the criminal AG's and the district attorneys in the different counties. Today, we have a sunset bill that Copper put together. Brian Tobias put together, and I'm here to answer questions and support the reauthorization of the Colorado Securities Act.
Thank you so much. Please hold for questions. And Mr. Tobias, I have you marked for questions only, but please feel free to introduce yourself. And I don't know what COPRRR is. You can tell us that and tell us what questions you'd be able to answer as well. That would be helpful. Thank you so much.
Thank you, Madam Chair and members of the committee. I'm Brian Tobias. I'm the director of the Colorado Office of Policy Research and Regulatory Reform, or COPR. It's a mouthful, so we've abbreviated it. My office is responsible, as Director Chancet, for putting together the Sunset Report, and I'm here to answer any questions the committee may have.
Thank you so much. Members, do we have questions for our esteemed panel? Senator Benavides.
Thank you. And I had asked some of these questions before, but I just want to be clear on them. Commissioner Chan?
Yes.
If you could tell me when you would issue a cease and desist order. I looked at, I think it was 1.5B, which it refers to, for those actions that you do that. But there's a part in there that talks about any potential violation, like a catch-all. So when would you do a cease and desist for an individual as opposed to a suspension of their license?
Commissioner Chan. Thank you, Chair Kipp. Thank you for your question, Senator Benavides. The anti-fraud provision under the Securities Act is under 505, and it gives us authority to basically stop fraud. I can when I have a case I can do a number of things One of them as I mentioned is I can refer to the AGs and that will happen in cases where it will go to the district court So we actually go to court I would be the plaintiff on behalf of the state, and the attorneys would go through the entire court process, which, as we all know, can take several years. I can also refer to criminal, to the criminal district attorneys and prosecutors, and of course, then it goes to the criminal process which is slightly different than civil. And then the third option that I have is to go through the administrative side and that's where cease and desist come in and summary suspensions. Summary suspensions are only for licensees. So of course that would not be for everyone. It would be just if they violate their licensing requirements. And then the cease and desist would be anti-fraud for securities only. So this statute only deals with fraud for securities. We've seen that this, so what that means is if something's not a security, then it would have to be taken up by somebody else. So if we do a cease and desist order, we would have an inquiry by the investigators, and probably the auditors would spread the money transactions to see where it was going, and if we believed that there was enough evidence, we would issue a preliminary cease and desist. It would be similar to a TRO in the sense that what we'd want to do is it would be an urgent matter to ask that the target stop whatever they're doing, including dissipating funds. That tends to be in securities the most difficult part. If we delay, the target can dissipate funds, and then by the time we get to the process, there isn't anything left. So that's why there is an urgent preliminary cease and desist in order to in some ways parallel what you can do in the civil courts, which is issue a TRO. In the civil courts, you issue a TRO, and then everything freezes, and then you have the trial. The idea is we're going to try to make sure there's no further dissipation of assets. Thank you.
Senator Benavidez?
Thank you. And so I understand from that. It's more of a timing issue like a TRO, that you need something to stop right away, as opposed to summary suspension.
Thank you for your question, Chair Kipp. Commissioner Chan, go ahead.
I'm sorry.
You're fine. I wasn't quick enough. You go. Senator Kipp and Senator Benavides.
So summary suspension is a parallel structure. If we have a licensee who is dissipating funds, as you know, our licensees actually custody investor funds, so they could actually be holding all those funds. And if we feel that their violations are such that they could be dissipating those funds, we would order a summary suspension, which is similar to a preliminary cease and desist order, which would tell them to, you know, stop. You're suspended from doing anything until we have a hearing.
Senator Benavides.
Thank you. So then my other question was the definition of person in here, and I had asked that before this. And so I'm still trying to understand, because the fiscal note talks about licensing of securities firms. So the response I got that if there was a suspension, that the suspension could be against the firm or it could be against the individuals. And if it's only against the firm, the individuals that work for that firm would still have their license licenses and could still operate. Is that correct?
Commissioner Chan. Thank you, Chair Kipp. Thank you for your question, Senator Benavides. So on our licensing side, we license firms and we also license individuals. And their licenses are slightly different because individuals are people and firms have other requirements like supervising. So they have separate licenses. So you can suspend the firm if they didn't supervise or they didn't do something that firms, a corporate body can do. And you can also suspend an individual. If a firm, if a large firm was suspended for something, we would not automatically suspend every licensee individual. We would suspend the firm. And if a licensee were to do something but the firm really wasn't involved, the licensee really went off on their own to take money from investors inappropriately or otherwise violate the Securities Act, we would suspend them. So each would be treated separately. So if I could go to the definition of persons, I think that was your question. So under Title II, Section 401-8 is the definition section for person. So the lead into that title and section is that unless, you know, the definition of person is as follows, unless it's otherwise necessary or specified. So we would use that definition as many statutes do. And that definition includes any individual, corporation, government, government subdivision, agency, business trust, estate, trust, limited liability company, partnership association, or other legal entity. So that definition of person would include individual natural people and also these entities that we license as firms. Thank you.
Follow-up?
Okay.
Senator Benavidez.
Just one follow-up, and that is to clarify because I think what you're saying is though, even though you use that definition for a securities firm and then the individual, it really is though that each are licensed independently, that anybody that works for a firm selling securities would have to be individually licensed. So that's why if you suspended one, you'd have to go through and suspend each one if you needed to, or as many individuals as you need it to. Commissioner Chan.
Thank you, Senator Kipp. Thank you for your question, Senator Benefitis. Yes, that's correct. Thank you.
Minority Leader Simpson.
Thank you, Madam Chair. Commissioner Chan, just quickly, the next repeal is 11 years away, where we came up with 11 years instead of something different. When was the last one? Did we change? Have they been on 10-year programs? That's my only question.
Commissioner Chan. So the report was put together by Copper and not actually by the division. So those recommendations come from Copper. But I believe that the idea is that continuity is good both for the investors and for the firms and professionals to do the work. They don't have to, you know, have the uncertainty of when it may change. I believe, Brian may be the person to answer this, but I believe the last sunset reauthorized it for 11 years and the sunset before that as well So that may also be it Since we didn do the report we don do the analysis I would defer any further questions probably to Mr. Tobias from Copper. Thank you.
Mr. Tobias.
Thank you, Madam Chair. And Senator, thank you for the question. And Director Chan is right. The last sunset review was 11 years ago, so this is sort of in keeping with that tradition. But in actuality, the reason we concluded 11 was appropriate was basically because of the nature of the recommendations we're making. We think that the recommendations we're making are not terribly drastic, that the program is running well. And frankly, the securities industry is run or much in the securities world is dictated at the federal level. And things that are changing at the federal level are going to change much more quickly than they will that any sunset review could accommodate. And so we concluded that 11 years was appropriate. Thank you.
Thank you very much. Any additional questions for this panel? Okay. Seeing none, thank you so much for answering all those questions. We really appreciate all of you testifying and answering questions today. So let us bring back up our bill sponsor for the amendment phase.
The testimony phase is over. Thank you, Madam Chair. There are no amendments.
Okay. Members, do we have any amendments? Seeing no amendments, the amendment phase is closed. Senator Kolker, wrap up.
Thank you, Madam Chair. Again, this is just a good sunset bill to make sure that we're continuing the regulation here at the state level, making sure that we have this oversight. One of the key features and differences between the state securities and the SEC is it is the prime authority of the state securities to oversee investment advisors with under $100 million in assets under management. The SEC has no jurisdiction over those firms. So about 80% of the firms in the state, we see jurisdiction here at the state level. So it's important that we continue this. In 2023-2024 alone, the commissioner took multiple enforcement actions, including the facilitation of eight criminal convictions and obtaining over $2 million in restitution. As a registered investment advisor, someone who works in the industry, I think they do a great job of overseeing what we need to do. Been very responsive to comments and questions and concerns. And I just urge an aye vote to continue their work. Thank you.
Thank you. Any other closing comments? Senator Kolker, an appropriate motion would be to the committee, sadly on appropriations.
Sure. Sadly on appropriations.
I forgot the bill number. It is Bill 1188. Thank you.
I move House Bill 1188 to the committee on appropriations with favorable recommendation.
Thank you. Ms. Reudba, should we please take the roll?
Senators, Benavides.
Yes.
Great.
No.
Yes.
Aye.
Yes.
Aye.
Aye.
Madam Chair.
Yes. Thank you. And you are on with a vote is 8 to 1. And yeah I do believe it really important to continue to regulate our securities professionals So thank you so much With that we bring up SB 26 116 and Senator Wiseman And we have done our best to make sure that anybody who might be considering testifying on this bill has a copy of the strike below. If you are in the room and would like a copy of the strike below, we would be happy to get you one. and in the meantime, Senator Wiseman, please tell us about your bill in the strike below.
Thank you, Madam Chair, and I want to first publicly say thank you for all the time you've afforded me as a sponsor to wrestle the many moving parts of this to the ground and the condition that they're in today. It's been a long road. If I may, I wanted to speak briefly first to the elements of the introduced and a little bit about the why and then how we've landed here. The introduced of 116 sought to do four different things, all unified under the broad umbrella of property tax. One, I think maybe most clear cut, sought to make permanent the two-year experiment that we did starting in 24 for portability of the senior homestead benefit. Lack of portability is written into the Constitution. We all know about the challenge. it can pose something of an obstacle to seniors who might like to downsize. And then there are second order effects like if seniors could downsize, you know, that's that much more housing stock maybe opens up for a new family. Bluntly, the March forecast kind of killed that. I hope maybe we can return to that issue next year. It did not seem right now fiscally responsible to create an ongoing obligation in the general fund to that effect. Another element of the bill was to try to add a little bit of operational uniformity to the question of statutory town lodging tax. Right now, home rule municipalities have inherent home rule authority to issue a lodging tax if they go to their voters. That was never in the bill. Counties have statutory authority to do something similar. We revised that just last year, I think. There was a House bill, which leaves statutory towns, which for a quarter century or more have been operating kind of by a hack. Statutory towns do not have specific statutory authority for a lodging tax. They do have authority for an occupation tax. Again, they have to go to the voters like anybody does under Tabor. a 2000 Supreme Court case blessed the use of the Occupational Tax Authority to issue a tax on the occupation of lodging, if you will. So that's the world that we've been in, and a number of sections of the introduced sought to create a more clear and state-collected and more uniform mechanism for doing that. ultimately that kind of ran aground on just some city-county tensions about which tax would yield to the other in the case where you might have them both going on. Again, maybe the legislature returns to that in the future. Maybe we don't. Frankly, I decided to cut bait on it for the year in the interest of time and the many other problems pressing down on us. Another part of the bill sought to address the question of taxation of business personal property. I think we all know about what this tax is In 21 the legislature in a bill that I was a co on increased the ceiling on the exemption of business personal property from to relieving a significant number of payers of business personal property tax of the obligation to file anything at all Also unloaded some work from county officials responsible for that kind of tax and set into place a backfill mechanism by which we calculate the difference. The treasurer would send warrants to counties for onward distribution to other local governments. Then there was an inflation adjuster set on that $50,000. It's right now $58,000. That part of the introduced bill proposed to curtail that make-hole payment, which was about $19.5 million in the most recent data point we have, spanning over all property tax local governments in the state. not a gigantic amount perhaps. Obviously important to those who are getting it. Reason being BPP is a very lumpy tax. You go from $7,900 to $50,000, there's just not that much tax revenue in there. That was part of why we increased the ceiling back in 21. A lot of the distribution of BPP is very much at the high end, the biggest taxpayers, utility companies can be among those. obviously you don't do something like that if you want to be a popular person in this legislature and experience has borne that out but frankly that was in the bill out of a sense of obligation to the state fisc and things like minimizing all the cuts that we are about to participate in discussing with the long bill tomorrow folks on IDD wait lists and many many others personally I'm not optimistic about the state's fiscal picture next year, net of a lot of things, and who knows. Which brings us to the fourth and last part of the introduced bill, the dreaded Section 4, which dealt with the slightly wonky issue of the income approach to valuation for lodging property. The premise I start from is comparable property should be taxed comparably. I know that there are those who would question my premise, but that was the premise that I was starting from. I won't go too far down the rabbit hole here because it's coming out of the bill. But I would just say that the question of how property in particular is to be taxed is quite old, older than this country, because property is maybe the first form of wealth. We just talked about securities. Those are much newer. members want a ripping good time some night when you can't sleep, check out the Statute of Uses passed by the English Parliament in 1536 during the time of King Henry VIII. They called it Uses, we would call that an interest in real property. The Statute of Uses was the English Parliament trying to address, frankly, the evasion of taxes when there was an emphasis on the condition of the FISC of the English Crown at that point. So here we are 490 years later. At any rate, what is in L5, the strike below, is two small things. Section 1 are some technical changes to the senior property tax portability statute. Credit where it's due, the division of property taxation identified the need for some technical changes here. B24, 111, which I know is personally familiar to one of the members of this committee, set in place this two-year experiment, and it is coming to a close. This section does not, for the reasons I stated, continue it. But what happened in the original bill is there were end dates in one of the sections implicated, and there weren't end dates in the other. It was kind of a ghost open period, so what we're doing is specifying some matching end dates in Section 1. It's meant to be technical in nature. Section 2 goes into the BPP statutes and simply takes off the inflation correction so that we are writing into statute the present value that the $50,000 from 2021 has inflated up to. It's now $58,000. It will remain there going forward. The state will continue to have the obligation to backfill at that value. what we are doing thereby is at least not increasing the obligation in the state general fund as we have now cut approaching $2 billion in the last two years and face some onward challenging prospects. So as winnowed down by L5, I hope the committee might support what's left, and I'd be happy to take questions. Thank you.
Members, do we have questions for our bill sponsor? Senator Marchman, Vice Chair Marchman.
Thank you, and thank you for your creative financing. I appreciate it. I am curious why or if there is an opportunity to revisit the $58,000 statutory limit, either through a sunset or a comeback and look at it, or why not? I would like to understand.
Senator Wiseman. Sure. I would say, imagine a triangle of sort of three interests, potentially intentioned, depending on a policy choice, made about the BPP exemption and then who pays for what property is not taxed. I was invited in the stakeholder process here to push the exemption back down to $7,900, which I was certainly not going to do because that amounts to levying the tax on a number of additional businesses that have now not been paying it for years. And from the state's perspective, ties up county officials in a lot of work, a lot of forms for bluntly not a lot of revenue. We did kind of think about a histogram of tax incidents back in 21 is why we picked the $50,000 cut point. So that was not of interest to me. I don't think it should be of interest to the General Assembly. Again, I don't discount the services that local governments provide. They have to fight for their prerogative. I'm here to try to make a contribution to the state. fiscal situation which is my foremost if not my sole prerogative and obligation as I construe my role here. You know you could turn off the backfill entirely that is going to amount to holding the BPP amount constant. That is going to mean that local governments will do without revenue that they're used to by means of a warrant from the state. I think some members might have seen the same distributional spreadsheets that I've seen. A small county, if you add up all the property tax local governments within it, is talking about five digits. The bigger counties in the metro area maybe two million and change I get it Local governments are hit hard too Part of my thinking here was two things We've had a pretty sharp move in the last number of years in the valuation of real property. At the same time, this legislature has done a lot to push down on that by bills like SB 24, 233, 24B, 1001. on behalf of our constituents who pay property taxes. When we passed this in 21, H.R. 1 was not in evidence and what that has done to us. And H.R. 1 did things to counties too. I get it. It's kind of just a hard question anywhere. We are where we are. I thought the very least we could do was cut off the increase of the obligation. and some of you have heard my worst-case scenario theorizing about what next year's budget process looks like, and I desperately hope that I'm proven wrong. Thank you.
Senator Snyder.
Thank you, Madam Chair, and thank you, Senator Weissman, for diving into this very difficult space. Just to recap, when you were on a bill a few years ago, it set the cap at 50. It had an adjustment for inflation, and that's risen to 58 already. so you'll just be capping it at a hard 58 now into the future. Yeah, correct statement.
Senator Weissman.
Additional questions for our bill sponsor. Okay. Thank you so much. We do have a number of people signed up to testify. I don't know how many people still came. We did mail out the strike below to all of the people who are testifying. Actually, perhaps it would be easiest at this point for us to adopt the strike below to make sure that we are speaking to the strike below. That would make maybe perhaps people more comfortable with if they are choosing to testify or not. Vice Chair Marchman, an appropriate motion would be to the Committee on Appropriations
unless you have a fiscal memo, Senator Wiseman. Senator Wiseman.
Yeah, Madam Chair, to that point, I think because compared to current law, I didn't ask for a memo because by setting the value at 58, whereas it was otherwise going to inflate to 60. I think even a revised memo would still show a slight savings, which wouldn't avoid the routing to approves. So we'll let the memo catch up and the canary to the memo, and I'll deal with approves. Fair. Vice Chair Marchman.
Thank you, Madam Chair. I move L-005 to Senate Bill 116.
Okay. Does anybody have any questions or concerns? Senator Mullica?
I just have a process question just based on kind of the comments that were made. So we are in the amendment phase before the witness phase, and then we're not making a motion at this point because it almost sounded like a motion was happening. I was thinking what we should do is go ahead and be unusual and adopt the amendment at this phase, because I think there are people who are signed up to speak who might choose not to testify if we have adopted the strike below, which doesn't include so much of what the introduced version of the bill included. And so going slightly out of order, but yes.
Is this an issue, Senator Mullica?
I want to be clear. We're not making a motion from the committee. We're still going to have a witness phase. Yes, we are still going to have a witness phase. We're not telling anybody they can't testify. We're giving people more certainty about what they're testifying to.
Okay Is that clear for everybody Senator Frizzell Thank you Madam Chair I just had one last question for the bill sponsor
and it had to do with the portable senior exemption. Those individuals who have already qualified, that's not going away for them, as I understand it. They just won't be accepting any new applications in that program, essentially sunsets. Senator Weiss.
Do I understand this correctly? Let me see if I'm tracking the question. So 24-111 essentially created a new property class, and it specified a reduced valuation rate. That statute, I think, is 39-1-104.2. It's not in the bill because we're not touching it. It doesn't need to be. That timed out after two years. The concern in the amended version of 111 was we didn't know what the uptake was going to be. We didn't know what the general fund obligation was going to be. So whoever got in will remain in. They will have the benefit of the reduced rate of taxation for this year as well, payable in arrears next year. And then essentially no new applications. and the folks who are in will sort of spring back until and unless the General Assembly acts, is my understanding. Does that answer your question, Senator Brazil? Okay, so I guess I think that the question I'm asking is the state's obligation to backfill for that class of property, that will completely go away.
Do I understand that correctly? Senator Weissman.
That is my understanding. In the same way that we backfill for regular homestead that's not portable, there was a backfill mechanism attached to 111.
And because 111 is effectively going to sunset, as it always was, if there had never been an SB 116, the state backfill obligation as to the portable property class also goes away after PTY 25 and 26. Senator Fruvall, would you like to follow up?
No, I just think that it's something that we need to be very clear about because I feel like there might be some sense from those folks who qualified under the new law, Senate Bill 24-111, that created this new class. So these folks applied and were receiving the benefit senior property tax exemption, which they had qualified for before, but had moved. And so they lost their exemption or they were going to lose their exemption. So I think it's just really important that those individuals understand that their property taxes will now be increasing because this mechanism is going away.
Yeah, that's a really great question. We do have a fiscal analyst on the bill. Would it help to bring her forward? Senator Wiseman?
I guess two things on that. Senator I think communication to our constituents is more is usually better including on something like this The two thing was the sort of compromise we ended up having to make around here sometimes Others would probably know better than I, exactly how county officials are communicating outward about this. I would also say I think we have the property tax administrator, Mr. Erfmeyer, here, who would be a good person to put questions to if the committee wants to go deeper than I have attempted to go at this point.
Yeah, and that was what Ms. Uddebush just pointed out. Mr. Erfmeyer is here for questions only, so why don't we let him answer that question? But with that, shall we move to the amendment phase, or are there further questions for our bill sponsor? Okay. And again, if anybody would like a hard copy of the strike below, please let us know. But I'm going to just start calling names. Mr. Dwayne Nava, Jenna Wells, Rebecca Hernandez, Megan Wagner. And I believe those folks should be here in person. Okay, we have one. I'm going to keep calling names until we get a full panel. Rebecca Hernandez again. Doug Price. I believe the rest of these people are remote. Jacqueline Villegas, Ken Watkins. Apparently three of the people are online, so I'm going to just call the rest of the names and hope that we get a full panel here. Jeffrey Thermosgaard, Patrick Walton, Cynthia Eichler, Olivia Asave, Joe Rowan, Elizabeth Haskell, and Mr. Erfmeyer, why don't you go ahead and come on up. And if there is anybody else in the room who wishes to testify on the bill, I think we will be able to do this in a single, large-ish panel. Okay. Thank you, everybody. So why don't we go ahead in this case and start with Ms. Wagner on my left,
and please proceed. Good afternoon, Madam Chair and members of the Senate Finance Committee. I'm here on behalf of the Special District Association. I wanted to clarify our position was opposed, but with the amendment that you just adopted by Senator Weissman, we will move to a monitor position. We wanted to thank Senator Weissman for working with us from the very beginning to try to address our concerns with the business personal property tax exemptions, specifically the local government backfill. He worked with us and addressed our concerns, and so we're just a monitor, and thank you for allowing me to be here today.
Thank you very much. Ms. Haskell. Good afternoon, Madam Chair and members
of the committee. I'm Elizabeth Haskell with the Colorado Municipal League, and basically I'm here to say the same thing that Megan just said. So we were in an amend
though, and we'll move to monitor with the amendments. Thank you. Thank you. Mr. Erfmeyer, would you like to go ahead and introduce yourself and tell people who you are and what kind of questions you could answer. And perhaps you'd like to go ahead and answer Senator Frizzell's question as your testimony, if you wish.
Sure, Madam Chair, members of the committee. My name is Keith Erfmeyer. I'm the property tax administrator for the state of Colorado. And to the question about the qualified senior property program, that will end. Those seniors will no longer receive that reduction. That classification will be gone. Everything that was in statute relative to that will be gone. so those seniors will no longer receive that particular reduction. And in terms of account, there's roughly 2,300, 2,400.
I think we will have more questions for you, but we will come back for the questions portion, and then we're going to go online to Mr. Ken Watkins. Please introduce, unmute yourself, introduce yourself, and you have two minutes.
Sure. Thank you, Madam Chair Kipp and members of the Senate Finance Committee. My name is Ken Watkins, and I serve as the Executive Director of the Colorado State Fire Chiefs. Similar to what you've heard from Special District Association and CML, The state fire chiefs were in an opposed position, but with this amendment, we would move to a monitor position. I just want to make a couple points and say that the Colorado state fire chiefs and representing our member departments and districts have experienced ongoing reductions in our primary revenue source of property taxes. While meanwhile, calls for service and response costs continue to rise. Any reduction in property tax funding, including the loss of the backfill funds, does impact our local departments and the communities that they serve. So we want to say thank you to Senator Wiseman for hearing our concerns, preparing this amendment. And with that, we would move to move to a monitor position. Thank you for your time and I'm available for your questions.
Thank you. Mr. Rowan, you are up next.
Yes. Thank you, Madam Chair, members of the committee. My name is Joe Rowan. I represent the Northern Colorado Legislative Alliance, which is a collaboration between the Fort Collins, Loveland and Greeley Chambers of Commerce. And we had originally taken an opposition to this bill. I will say that we have not considered whether or not that position will change. Among our concerns is the business personal property tax. So I will speak to that item specifically. We believe that SB 116 will be rightfully gutted by the amendment of L005. Aside from removing the portability of the senior property exemption, this bill really has no other purpose than to further antagonize small business at a time when we are legitimately concerned about the fragility of our economy and the ability of small businesses to thrive. Businesses pay a use tax at the time personal property is acquired. business pay income generated by the use of that property. The real property in which the equipment is located is also taxed. Not only does statute currently allow for recurring taxation of business personal property, but this legislature is advancing other legislation that will raise income taxes on businesses and business owners. SB 116 seeks to raise additional taxes on business that will exacerbate over time as it removes further indexing the exemption to the amount of inflation over time. And we're if only our businesses could insulate themselves against inflation, we wouldn't really have an issue here. But we can. Even before the amendment, it wasn't clear what business personal property had to do with the senior property tax exemption or lodging taxes. It comes across as an anti-business agenda item that was buried in a larger issue to slide through without notice. We did notice. Now we ask you to strike any references to the business personal property tax within SB 116 as a good faith gesture to the thousands of small businesses that are already struggling with rising property taxes, increased workforce regulation, demands for higher pay and wages and benefits, and ongoing supply chain and labor force challenges. As Representative Weissman properly noted our state fiscal condition does not look so good next year and beyond And perhaps it would be helpful to point out that fiscal outlook doesn improve when we antagonize the very source of revenue that we are expecting to spend in future years With that, I will again thank the sponsors for amending their position on this bill. And we look forward to answering any questions regarding the business personal property tax. Thank you.
Thank you. And I noticed Mr. Thermosgar dropped off. Is he still there at all? Okay, I'm sorry. He put his hand up midway through that last testimony, so I don't know if he had a specific time limit. If we can get him back, we will allow him to testify. Members, I know I have questions, but I want to give everybody else an opportunity first.
Vice Chair Marchman. Thank you, Madam Chair, and thank you all for being here. Mr. Rowan, I live in Loveland and certainly am very concerned about where NCLA is on this. We've heard that the Strike Below Amendment is going to bring a number of organizations to neutral. I'm wondering if your body has had an opportunity to review the strike below or the changes or if that's going to change anything for your organization.
Mr. Rowan. Thank you, Madam Chair and Senator Marchman. Thank you for that question. As I said, the strike below came to our attention yesterday. And so we really haven't had it as an organization. We haven't had an opportunity to consider that in greater detail. Our biggest concern, though, was with the original build, or I shouldn't say our biggest concern, but one of our concerns was the business personal property tax issue. And that, again, does not change in this amendment. So I would say that we were at best, I would suggest that we'll probably be in an amended position based on the amendment, provided that the references to the business personal properties tax be stricken from 116 in a further amendment.
Thank you. Vice Chair Marchman. Thank you, and yeah, I'm looking forward to having you guys look at this, because the amendment language does bring back the backfill for local governments, and so I just wanted to make sure you understood that.
Okay, additional questions?
Senator Snyder. Thank you, Madam Chair. My question is for Mr. Erfmeyer, property tax administrator. So when you were talking, you were talking about the portability section of it. So what happens to somebody who took advantage of this two-year period where we allowed portability? They were reestablished in their new home, hopefully a smaller, less expensive, one opening up more housing to people. But what happens to them?
Will they maintain their status as a property tax exemption, or are you saying they won't anymore?
Mr. Erfbeyer.
Madam Chair. Senator Snyder, yeah, my understanding is that that will go away for them. This was a two-year program for the tax years 25 and 26, reimbursable in 26 and 27. It established a new class of property known as the Qualified Senior Property Tax Exemption, or portable, as it's often called. We were stuck with a situation where it established two years for the classification but there was no end dates for the rebate or the reimbursements or anything like that So one of two things had to occur We either had to end date all of the rest of the program to coincide with those two years or we had to extend those two years into perpetuity in the future which would have allowed them to continue and assessors would have continued collecting the applications and things like that. The strike blow as it reads now would end the program after the two years and effectively end the classification and everything that goes along with it.
Senator Snyder. Thank you, Madam Chair. So just let me see if I have this right. So somebody who previously qualified, met the 10 years, the age requirement, qualified for the senior homestead exemption. Then they relied upon this two-year period to move to a different home and maintain that. So now we're telling them the program's going away, and so they have to start over. They won't have any senior homestead exemption qualification?
Mr. Erfmeyer. Madam Chair, Senator Snyder, that's correct. They would have to qualify under the longstanding constitutional senior property tax exemption as we know it.
One last question. Please. Senator Snyder.
So don't we open ourselves up to somebody who detrimentally relies upon that move and that status? I'm just very concerned about this. Mr. Erfmeyer.
I'm not sure I would. That's a question for me to answer. Senator Frithell.
Thank you, Madam Chair.
Mr. Irfmeyer, do you have any sense of the dollar amount to the state, the backfill just for this particular class of property might be? Mr. Irfmeyer.
Sorry, Madam Chair, just doing some quick calculations. No, I appreciate you digging into this, because I think there are several of us who are somewhat alarmed by this.
I might. I'm sorry, Madam Chair. Fiscal analysts might know if David Hansen is here.
Yeah, David, come on up. Mr. Hansen, excuse me. Mr. Irfmeyer, would you like to continue to comment?
No, ma'am, Chair, I'll let. We'll let Mr. Hansen take the hard question.
Okay, thank you.
Yes, so for property tax year 2025, which is the applicant, excuse me, I may go back, David Hansen, legislative council staff, fiscal analyst for Senate Bill 116. For property tax year 2025, it was about, as Mr. Erfmeyer had said, about 2,400 folks or homeowners and about 1.6 million in benefit. And that would be reimbursed this spring, so I believe in April. And then my projection, again, not knowing how fast this program will grow, will be about a $4.4 million benefit for the next year, considering some growth and some utilization for property tax year 2026. But again, those applications will be accepted through the spring, and then that benefit will take place for the next property tax year.
Does that?
Yeah, thank you. Senator Frisal, did you wish to follow up? Yes So okay so my apologies I just want to make sure I understand So the assessors are right now collecting applications for this program this classification And those individuals if approved would have the benefit for one year and then their taxes go back up. Do I understand that correctly?
Mr. Erfmeyer. Madam Chair, Senator Frizzell. That is my understanding as well, yes.
Mr. Hansen. That is my understanding too. As it's written, the assessed value reduction is only for property tax year 2025 and property tax year 2026. So no assessed value reduction for property tax year 2027.
Senator Kolker. Thank you, Madam Chair. For Mr. Hansen or Mr. Erfmeyer, the senior homestead exemption, though, was only eligible if we had a TABOR surplus, I believe. Is that correct or am I wrong? because I was original sponsor of 24-111, and that was our intent is when we had TABOR surplus. So if we didn't have a TABOR surplus, we wouldn't be backfilling.
Mr. Hanson. Thank you for the question, Senator Kolker, David Hanson, legislative council staff. So the reimbursement and the assessed value reduction happens, and the reimbursement happens whether or not we have TABOR surplus or not. And that is the same with our current homestead exemption, meaning if we do not have a Tabor surplus for a property tax refund for homestead exemption, then it is a general fund expenditure obligation.
Senator Frizzell. So, Mr. Irfmeyer, and I think that you're the best person to answer this question. If we, as a body, decided that we agree that this program should sunset for fiscal reasons, but we wanted to continue the program, continue the backfill for those individuals who have already qualified during this two-year period. Would that be a reasonable thing to look at?
Mr. Erfmeyer? Madam Chair, Senator Frizzell. I'm kind of thinking, I think that would be threading of the needle somewhat to allow those that have received to continue to receive and continue the backfill, but not to allow any further applications. I would have to rely on probably a bill drafter to be elegant in how to do that.
Thank you.
Mr. Hanson, did you care to comment? we can always bring up the bill drafter who is here as well. Okay. Do we have additional questions? So I do have one question. I guess I have a belief that people who are taking advantage of the portability during these two years were assuming that the portability would continue into the future. And that is my concern, not that if they chose to move during these two years because they heard it was portable and now we're saying, well, it was only portable for that one or two years. I don't think that's what people were anticipating. So I feel like they would feel like we're yanking the rug out from under them. if we did not pass this bill or that part of this bill, would that assumption continue that those folks would continue to receive the benefit down the line for who qualified under this two-year period, or was the original bill just really only for that two years? because that was certainly not my understanding when I voted for the original bill. So I am now in a conundrum here. Who would like to take that?
Mr. Erfmeyer? Yeah, Madam Chair, a couple thoughts. One is keep in mind at the time that this bill went through, it retroactively went back to people that had moved all the way from, I think, 2020 and forward. So by the time it was implemented, I'm going to guess 75% of the people that currently qualify had already made their move. So whether this bill, the previous bill, was the reason for their move, I would say two-thirds to three-quarters it wasn't because they had already moved and then got the exemption retroactively. As far as going forward, the challenge we have right now is for the qualified senior residential property property that's there is no assessment rate we don't have an assessment rate past this year so we those it's not it appears nowhere because it said just for 25 and 26 so starting in 27 if the program continues assessors literally do not have an assessment rate to tie to those particular properties one could logically assume that it would be the same as all other residential but technically in statute one does not exist so if we wanted to add years so that they have their assessment rate and allow those owners to continue to get their program and their money off their tax bill. The question is, is the state going to backfill that and is there any end date on there so that assessors can stop accepting applications at some point if that's the case.
So you're saying we are coming into an undefined situation?
Correct.
I'm not sure. Thank you. That is helpful.
further questions. Senator Colker. Thank you, Madam Chair. I'm just going back again and reading the bill summary from 2024. And I have some confusion and disagreement a little bit. I mean, I know what the intent of the bill was for those years. The assessment rate was 7.15. What's the current
assessment rate? Mr. Irfmeyer. Sorry, Madam Chair. It is split between local governments and schools, 6.25% for locals, and I think 9.5% for schools. Right.
And then we would be looking at people that were getting this program at a lower assessment rate. Even though this would fall off, they would get a lower assessment rate going forward, because right now they're on 7.15%. Is that correct?
Mr. Erfmeyer. Madam Chair, Senator Kolker. For 2026, they're getting the same assessment rate as all other residential property. Everyone else.
Even though the bill said 7.15. Correct.
It's been adjusted elsewhere in statute. So it is the exact same as everywhere else.
Until we get to next year, then we don't have assessment rates any longer. Senator Colker. Thank you, Madam Chair. And in the bill summary, again, this was our intent as sponsors. It says for state field school years which excess state revenues are required to be refunded pursuant to the Taxpayers Bill of Rights establishes the reimbursement to local government entities as a means of refunding such excess state revenues So that was, you know, if we had an excess, they would get it. If we didn't, they wouldn't. This year we don't. And so that's where would we circumvent that because that's what was in this bill. Mr. Hanson, you said that we would still owe it from general fund, even though the bill
here in the summary says it's for excess. Mr. Hanson. Thank you for the question, Senator Kolker. Yes, so the assessed value benefit does not turn off. The assessed value reduction does not turn off if we are not in a taper surplus situation. Further, it only designates it as a taper refund mechanism when we have TABOR surplus, but we still need to. The local reimbursement isn't tied to whether or not we have a surplus or not. So meaning, like the Homestead exemption, the local government still need to be reimbursed. Neither turns off.
Thank you. But if we have a, if we do not have a TABOR surplus, the General Assembly has in the past, I believe, made the determination to go ahead and pay the money. So I guess what my concern is that people sort of have an expectation as this is essentially built in, even though the entire senior homestead exemption program is something that would technically get turned off if we were not over TABOR, correct? Or am I wrong there?
Mr. Hanson. Yes, thank you for the question. So what has happened in the past, I believe following the dot-com recession and also the Great Recession, is the Constitution allows the legislature to reduce the amount of actual value that can be exempted. So it's 50% up to the first 200,000. But that 200,000 can be adjusted by the legislature. And so in the past, it has been brought down to zero. So 50% of zero, meaning the exemption is still there. It's just the state is not, or in that case, sorry, the exemption is not there. It is 50% of zero, and then it has come back. But does that answer your question?
It is an adjustment that the legislature has to make. It is not dependent on whether or not there is Tabor surplus. And so I guess likewise, if the legislature could choose to change the statute for property tax year 2026, if it wanted to, to make the assessed value reduction for the qualified senior primary residence different than it is now. Thank you. That's very helpful.
Do we have any other questions for this panel? Thank you all for helping us understand this better. We really appreciate it. Given that was our last, our only panel, the testimony phase is closed, and we'll bring our bill sponsor back up. Do you have any further amendments, Senator Weissman?
No further amendments beyond the strike below, which, again, reflected everything I agreed to cut out of the bill. I would like to speak just by way of cleanup to some of what we just heard. The witness from the fire chiefs I think made an important point Members may know or recall I was pretty significantly involved in the property tax discussions in this building in 22 and 3 less so in 24 and thereafter Through that, I have come to appreciate that fire districts, maybe uniquely among different local governments, have experienced some cost pressures. Recent weeks or months, there's been some national news about antitrust litigation against the manufacturers of fire engines. Maybe that's part of the cost drivers that the folks who run into the burning buildings for us have had to deal with. I just mention that as something that we, the legislature, might pay attention to in the future. To some of the commentary about BPP, I want to be clear. The introduced bill really posed the question of who should, what government should bear the cost of the increased exemption relative to 2021, state or local. We were never going to put that back on business. We have inflation adjusters in some places in statute. We don't have them in other places in statute. We have had an inflation adjuster in this part of CRS for years I'm proposing because we're cutting a billion dollars and trying to injure as few people as possible while we do so that we turn off the inflation adjustment. Respectfully, I disagree that that part of the bill was ever any business. now to the point about the senior property status I think I've heard the committee talk about a reality that was always in the original bill always in 24-111 there was a two-year basically subtraction of basis of value set forth in the original bill 39-1-104.23-S that was in 111. It's not in this bill. It was not in the introduced. It's not in the strike below. As Mr. Erfmeyer noted, that was backward looking and essentially conferred a benefit on folks who had already moved without anticipation of the benefit. Senator Frizzell, to your question, one thought that comes to mind that we ought to at least analyze if we were to proceed as you mentioned would be the special legislation provision. Part of that is a closed class analysis, Article 5, Section 25 of the Constitution. Do we run afoul of legislating to confer a benefit on a closed universe of people? If we leave the universe open, if more people can keep applying into this benefit status, no issue. If we write legislation to confer a benefit on a discrete universe of people, we have an issue. At any rate, members, we've talked about a lot of different stuff today that goes beyond the strike below, which as a closing statement seeks to do two things. Seeks to leave everything in place about how we've been doing business personal property for five years since the 21 bill, with the exception of removing the inflation adjuster. So that hereafter, business personal property schedules up to $58,000 are accepted and above aren't. And that number just remains in statute. And then we fix essentially a drafting issue from the original bill on senior portability which was always only going to run for two years The fact that it terminates after property tax year 26 does not come from the strike below does not come from the introduced bill comes from legislation we all passed two years ago So given all that, I still think the few things that are left here matter, and I hope the committee
would support the amended approach. Thank you. Do you have questions for our bill sponsor on the amendment and i do have one um so i mean certainly i think there was
at worst confusion um about when people pat when this was passed because and you know maybe it was only me but i thinking maybe it wasn't that when people when we passed this we said for these next two years for those people who decide to downsize, move to a smaller home, they will be given this new, because they might not have otherwise decided not to move, especially those who would have decided not to otherwise move during this two-year period, I believe people thought they were going to get the portability going forward. So when they were grandfathered into it, they believed that they would be getting the senior homestead exemption moving forward, but they had to move and do that during the two-year period. And I think that, frankly, it's a reasonable interpretation because we had heard stories from people who felt trapped in their houses because it's like I live in this big house, but I can't move because I'll lose my portability. So we gave them the portability for two years, and they believed that they would be getting grandfathered in and get that going forward. So I think we have different interpretations of maybe how people interpreted that. Do you think that's correct?
Madam Chair, I've been trying to speak this afternoon to the law, as I understand it, to be on the books or to be proposed in either the introduced or the amended version of 116 as to what members of the legislature understood two years ago or what members of the public may understand on their own reading of the law or communications from, for example, county treasurers or assessors, I'm not going to try to say. Okay, thank you.
Well, Senator Colker. Thank you. And just going back to the history of the bill originally, and it was never intended for two years when it passed the Senate. There was, in February, we passed it out of Senate Finance, and it wasn't a two-year bill. April 18th of 2024, it was passed out of House Finance and went to House Appropriations, and it was May 6th of 2024 in House Appropriations that the two years was put on, which makes for the understanding of all of us in the Senate thinking that this was going longer because here we are at the end of session. I think a day or two before the end of session it was passed and then it had to be concurred if we wanted this to pass at all. And that had come from, in my recollection, the governor's office saying two years with the idea that we will re-up this in two years and see what things look like. Let's get it started, and that's where we were taking it. Let's get it going. I think the worst-case situation has happened, where that two years has come up and we don't I have the money for this. But we are able to give an exemption for two years for people as they move into their new home. It was, again, started as 2016 was a look back. And we amended it to 2020 because that was too long. So just to give us some context and some history here, I don't like that we're ending this. I would like to see us try to figure that out at that point. But again, since this is a special class, as Senator Wiseman says, are we treating a special class differently? Because as a special class, I would say this would be assumed they would get this if we had TABOR surplus. But again, going into the legal specifics on that, I can't speak to. But just giving everyone perspective on how this bill came about, how the senior homestead exemption portability ended, was a lot different than when it left the Senate. Thank you.
Senator Snyder.
Thank you, Madam Chair, and thank you again, Senator Weissman. I think we talk about two years, but because of the retroactive nature of it, There could be people that moved in 2021 that had gotten the look-back exemption, so they'd already be five years into a new 10-year period. Am I reading that correctly? So I think what this discussion has really reiterated for me, which I felt for a long time, we need to have comprehensive reform here in the area of the homestead property exemption. We should, you know, we have to find a way to, I hate to say it, but means test it, because there are people where this is a vital exemption. And there are other people down in my district, some of the wealthier enclaves around, say, the Broadmoor and others, they don't even notice this on their property tax bills. So to me, it just strengthened my resolve that we come together in some form and put something together and get it on the ballot, get it passed by the voters and clean this up once and for all. Thank you.
Thank you. Any other questions about the amendment? or comments. Okay, well, seeing that, we never actually voted on the amendment earlier, so Ms. Ruda Bush, will you please call the roll? We are about to the motion was to adopt L005 to SB 26116. Oh, I'm sorry. Is there any objection to L005? Thank you. Sorry. Seeing none, L005 is adopted. Any further amendments, Senator Wiseman. Any further amendments, committee? Okay. Seeing none, Senator Wiseman, please close. Committee, I hope you will support the modest amended approach going forward. Apologize for the peregrinating nature of the conversation today, but come and talk to me about property tax anytime.
It's a lovely subject. Senator Benavides. I just wanted to say I support the bill, and I support your efforts. This, in 24, I wasn't here, but it is not the first time portability has come up and the whole issue around this. And every time, I mean, I know for at least five, six years before that it was coming up, including the means testing was on there And because every time we make a change at the state level to property tax we have to understand we have to pay for it because that property tax is up to the county and if we want to change their tax, then we pay for it. And unfortunately, we don't have the money to pay for it, and that's why it has never passed. When I worked under, I won't say who, in 2009, we had to stop paying property tax, and I think one of the witnesses says bring it down to zero, for two years, because we could not backfill it. And that's what I think this is saying. These are tough situations. And, I mean, I think if it saves us some money, a few million, I didn't get a fiscal note to this, what it means. I think it's worth it. It's not like we haven't discussed this all the time. That's why I struggle with personal property tax and real property tax, because the counties rely on these monies. and if we're going to fiddle with it, with their tax, then we need to pay for it and we just don't have the money to pay for it. So I think this is a good bill in this sense. It doesn't mean in a few years we might be back a little flush with funds and want to do it. But at this point, we don't have it. And I think one witness indicated that roughly two-thirds of the people had already moved before this changed in 24. So I don't know. I didn't hear anybody say the total number of people that are utilizing this portability exception, basically. But, you know, it's an entitlement that shouldn't stay. We've given them extra two years to reach their 10 years, but we just can't keep doing it. So I'm going to be supportive of the bill.
Thank you. Other comments? Senator Frizzell.
Thank you, Madam Chair. I actually was sitting in House Appropriations in 2024 and remember this conversation vividly, and I was supportive of 111 and, in fact, worked with this bill's sponsors to amend it to make sure that this classification was a priority second only to the property tax exemption when it came to creating the refund. And so I have also been in the county assessor's office when the exemption, the senior tax exemption was revoked the first time and the second time. And it's not a pleasant situation. People have lots going on in their lives. And for us to expect citizens to understand that when they fill out an application and they are granted an exemption, for them to understand that it might just go away, it could go away any time, based on the whim of the legislature is not really top of mind for those folks and having been an assessor we do our very best to educate citizens who participate in exemptions and help them understand that it's not a county decision if that exemption gets zeroed out. but really they're not understanding it until they see the increase in their tax bill. And for the 2,400 households that are participating in this class of property, I think that this is going to be a really big deal, and I would like to see us try to figure this out because... it's going to be a very, very challenging situation that we put our county assessors in and our citizens in. That's what I'm saying about this. Thank you.
Other comments? Okay. Vice Chair Marchman.
Thank you, Madam Chair. I move Senate Bill 116 as amended to the Appropriations Committee. Thank you.
Ms. Rudow, do I show you please to call the roll? Senators, Benavides.
Yes. Wright.
No. Rizal.
No. Kolker.
Yes. Mullica.
Yes. Simpson.
No. Snyder.
Reluctantly, yes. Marchman.
Aye. Madam Chair. Yes. Congratulations. You're on your way to appropriation six to three. Still deserving of another conversation, but we'll have that later. Thank you. Okay. Let us bring up the sponsors, Senator Snyder and Senator Frizzell for SB 26049. Thank you very much.
Thank you. Thank you.
We are now here to hear SB 26049 with Senators Snyder and Frizzell. Who would like to go first?
Senator Frizzell. Thank you, Madam Chair. Thank you, committee members. We have all heard about, probably directly from our constituents, about the availability and affordability of homeowners insurance. I know that is a frequent topic of conversation at my town halls and really any time I out talking to folks and in emails Hail and wildfire events continue to drive up costs. And with Colorado currently ranked as the sixth most expensive in the nation for homeowners insurance, it's really challenging to try to thread the needle on how we can cut costs. Many homes across Colorado remain very vulnerable, and there's a clear need to invest in proactive disaster mitigation at the individual property level, and that could be replacing your roof to a hail or a fire-resistant roof. It might be mitigating the area surrounding your property against wildfire. There's lots of different avenues, but strengthening a home against hail and wildfire, that really does help to reduce damage. It lowers the repair costs and can help stabilize what has become a very volatile insurance market. So Senate Bill 49, we do have a strike below you I'm sure you've seen that this is not the bill that that we had introduced we had to make some significant changes to it but what it does is it gives homeowners a financial incentive to protect their homes and then help ensure the availability of affordable insurance as introduced the bill included multiple incentives including an expansion of the natural disaster mitigation enterprise, and we're amending the bill to just better reflect the state's budgetary constraints and focus on an incentive that does not create significant cost. The amended bill creates an income tax reduction for contributions to a catastrophe savings account. A homeowner can use the account to set aside funds to cover insurance deductibles after a disaster and to invest in proactive mitigation projects like impact-resistant roofing. And with that, I'll turn this over to my co-prime.
Senator Schneider.
Thank you. Thank you, Madam Chair, and thank you, Committee, for hearing Senate Bill 49. And as my co-prime sponsor just said, we all know the situation in Colorado. We're the sixth most expensive in the nation for homeowners insurance. It's climbing all over the place. It's going up by 7%, 8% a year. There's new models out there where they're increasing the deductible or tying your deductible amount to the market value of your property. So even a 2% tie-in there on a $500,000 loan, that's $10,000 right there for a deductible. so we will talk a little bit about L004 the strike below but you know cost of living we all hear it every day in all walks of life but we don't hear that much about insurance costs as being a big part of that conversation in 2023 homeowners insurance in Colorado was unprofitable eight of the last 11 years more than any other state the best way to address this risk is by tackling the problem at its source when homes are more prepared to withstand disaster repair costs go down and insurers are more likely to provide coverage which is another issue we're facing where a lot of people they're covered is being dropped, not just because they live in a high-risk area, but, you know, these companies, they'll have a certain number of policies at risk in a certain area, and once they hit that, they'll stop issuing new policies, not based on any higher risk, just they don't want that actuarial risk taken on by their company. And also, we've also seen, and we'll hear, I think, today that with a program like this, which has been successful in at least seven other states, most successful maybe the state of South Carolina, which much of our strike below is kind of drafted upon. It's had that effect. It has lowered property, homeowners insurance premiums once they have used this money to to do the mitigation, the better resilient products and others. Importantly, because as I mentioned, the deductibles seem to be going up as rapidly or more rapidly than the policies, this bill would allow for this savings account, tax-free savings account money to be used to meet that deductible. And there's many others which we're happy to get into. And this approach really came, if you remember last year, I think right in this same room, Senator Mabley and I brought a bill that would have created a homeowners resilient roofing enterprise and others. And the committee ultimately voted it down. They were not into increasing fees, which I understand completely. So what I like about this is there is absolutely no fee increase involved in this bill whatsoever. There is also, it's completely voluntary. There's no mandates on insurance companies, on homeowners, or anybody else. We're just trying to offer an opportunity for people to set some money aside tax-free so that they can do many of the things that are contained within this bill. So with the Chair's indulgence, I'd like to talk a little bit about L004.
Yes, please.
Because as my co-prime sponsor mentioned, originally we were looking to expand the eligible recipients for the Hazard Mitigation Fund and perhaps not surprisingly, those already on the list were not willing to expand the list to include other entities. And that's a very successful program, so we thought we could tie into that. So L004 takes that out entirely. It's really all about the tax-free savings account. And we're making sure that the updated language that you'll see in L004 to ensure that catastrophic savings accounts are clearly defined and properly administered. The amendment adjusts the timeline so that taxpayer contributions to the account apply beginning January 1, 2025 instead of January 1, 27. Expensive repeal date by 10 years, December 2047. Now realize the program will actually, the ability to put money into a tax savings account will expire in 2037. But as we've learned, people need time to spend monies they may have saved in that account, So that's why the program's absolute drop dead date is in 2047. The strike below also defines a qualified taxpayer as a Colorado resident who holds an insurance policy for legal residents in the state and clarifies how contributions limits apply to joint filers It outlines the requirements for establishing and maintaining an account Very strict reporting requirements They work with a tax administrator. We've put as many safeguards as we can, could think of in here. And I know I have yet to see the perfect bill. And now, coming to the end of my eighth year in the legislature, I would not say our bill is going to be the first one that I would call a perfect bill. Inevitably, there's a little bit of a, you know, let's take a chance. We really can't afford to leave anything off the table right now. You know, I think we have to look at all opportunities. You know, this bill also, we work very closely with insurance companies and with financial institutions. We're not requiring the financial institutions to monitor or report on these accounts. It's really between the tax administrator, which is defined right at the beginning of the strike below, and the homeowners to work together, qualify, make sure that the projects you're doing are qualified as under the catastrophic enterprise rules. And then we also limit a little bit of the Department of Revenue's ability to set additional reporting requirements beyond standard accounting procedures. So with that, I really think this is the kind of bill that we'll be looking at going down the road as we realize that we don't have money as a state. We also don't want to put any extra burden on taxpayers right now when they're already facing incredibly rapidly rising costs. So this bill, I think, fits both of those requirements, and I'm happy to talk about it further, answer any questions, but it's a good bill, and we're hoping to get your support today. Thank you.
Members, do you have questions for the sponsors? I do have a question. Do you by chance have an updated fiscal note on the bill to let us know? I mean, I see the fiscal note analyst is here, so we might be able to call him up and ask him, which we can certainly do, but I just wanted to get an idea of what we might be looking at going forward.
Senator Snyder. Thank you for the question, Madam Chair. we're going to have to go to appropriations no matter what because of the potential reduction in tax revenues that could come result from this bill. We have worked hard to make sure with the Department of Revenue that there are no hard costs that they'll be incurring. So we've added a lot of flexibility into the strike below L004. and basically instead of them having to automatically reprogram the gen tax system, which is often a driver of costs, we have a provision here that allows them to do some kind of random sampling of the number of people that establish these accounts and use that as their guide as to the efficacy of it. So I think we're keeping the actual cost to the state down, but we will have to go to appropriations because of the revenue. But we're happy to bring the fiscal analyst up. It's been kind of a work in progress, so he may have the latest and greatest, or she, the latest and greatest information.
Great. Any further questions for the bill sponsors? Okay. Seeing none, we will move on to our testimony phase. We do have a number of people signed up to testify. We have four people in amend and one, two, three, four, five, six, seven, eight, nine in support and one questions only. Do you have a preference of order? Would you like amend support questions only What is your preferred order Okay we bring up our four amend witnesses first although one of those has dropped off So Emma Donoghue, Matt Scherer, and Ken Watkins. If you will come up and be our first panel, we would appreciate it. Great. Well, we will start with our in-person witness. If you'd please introduce yourself, and you have two minutes. Thank you. Thank you so much.
Chair and committee, my name is Emma Donahue. I'm here on behalf of the Colorado Municipal League. We are currently in an amend position on this bill, but with this amendment that was spoken about by the sponsors today, we will be moving to a neutral position. We want to thank the sponsors very much for working on this issue with all of us and being able to get to a point where we could be – get to a bill where we could be okay with it. So thank you very much for your time.
Thank you. It's remarkably efficient. We will go up to our witnesses online and let us go to Mr. Scher. Please unmute, and you have two minutes.
Good afternoon. Thank you, Madam Chair and members of the committee. I'm Eagle County Commissioner Matt Schur speaking today on behalf of Eagle County and Colorado Communities for Climate Action. CC4CA is a coalition of 48 local governments that advocate to the state of Colorado to adopt strong climate policy. We support amendment two as written, and if this committee adopts that amendment today, we'll support the committee in moving this bill forward. CC4CA has financial concerns about this bill as originally proposed. The Disaster Mitigation Fund, which was created with CC4CA's support, is an oversubscribed program that already lacks the funding to meet statewide needs. For example, in January of 25, 26 local governments applied for the funding for a total of $17.7 million, and only eight applications were awarded for funding available, a total of $4.8 million. CC4CA would be pleased to support the bill if the fee that funds the program is increased to support both community-scale mitigation and homeowner efforts, while ensuring that the amount available to local governments is no less than current levels of funding that comes from the $2 fee per policy. This would allow the program to expand the types of eligible entities for grant funding without affecting much-needed funding for much-needed local government mitigation efforts. Part of these more significant changes, Amendment 2 alleviates CC4CA's concerns with the bill, and we support this committee in adopting the amendment. Thanks for your time and consideration today.
Thank you. Please hold for questions.
Mr. Watkins, you're up next. Yes, thank you, Madam Chair Kipp, members of the Senate Finance Committee. As I said earlier, my name is Ken Watkins, serves as the Executive Director for the Colorado State Fire Chiefs. The State Fire Chiefs represents the leadership of over 300 fire departments and fire districts throughout Colorado, and collectively these departments have contained nearly 12,000 career and volunteer firefighters dedicated to protecting our state. Under the introduced bill, the state fire chiefs are in an amend position and based on our concerns to expand eligible applicants for the Natural Disaster Mitigation Enterprise Fund. We are grateful to Senator Snyder and Senator Frizzell for considering our concerns and preparing an amendment that would eliminate that concern. Should this amendment pass, Colorado State Fire Chiefs are prepared to change our position from amend to monitor. I would like to say just a couple points, and Mr. Shearer mentioned it the fund being over committed already and we believe that adding additional eligible applicants would create additional problems for the fund We do like the fact that the eligible entities currently are local Colorado governments such as municipalities, counties, school districts, and special districts, and these entities are required to create and maintain planning documents, such as community wildfire preparedness plans and hazard mitigation plans. Homeowner associations are already eligible to partner with local governments when applying for the grant funds. In my time as a fire chief, we worked with our local wildfire coalition and a number of homeowner associations to secure funding and make these communities safer. The key was partnering with the HOAs in an organized manner through planning and government oversight. So, again, we thank you for your time. We thank you for the sponsors for the bill and taking a look at our concerns. And we would be prepared to change to a moderate position if the amendment passes. Thank you.
Thank you so much. Do we have questions for this panel? seeing none you have obviously done a great job of explaining your positions we appreciate you coming to testify today thank you we will call up our next panel next up we have Rachel Beck Brian Powell Jeff Thermosgaard and Carla Blanc and I'm going to go ahead and call up Mr. Nicholas Remus, too, and that will leave us with one more panel. Okay. Please go ahead and begin.
Thank you, Madam Chair, committee members. Excuse me. Rachel Beck, I'm the Executive Director of the Colorado Chamber of Commerce Foundation. Our work is guided by something we call Vision 2033, which is our 10-year roadmap toward making Colorado's economy better and ensuring that our state remains a great place to live and do business. One of the focus areas of that plan is addressing the costs of living that are threatening Coloradans' ability to make a good life here. The cost of auto, home, and business insurance, which is risen 30% from 2019 to 2023, has played a big role in our skyrocketing costs. Rates in Colorado's largest cities increased an additional 16% in 2024 alone. Multifamily residents have seen even more pronounced increases in costs, in some cases doubling or even tripling in a single year. We will not address our goal of more affordable and dense housing options if we do not address the challenges of increasing insurance rates. As Senator Snyder noted, increasing regulatory burdens, litigation, and increasing natural disasters have led to insurance companies in Colorado losing money eight out of the last 11 years, and that is not a sustainable business model. So we face the increasing possibility that insurance companies will leave Colorado, leaving homeowners with few and very expensive options that provide minimal protection when disaster strikes. I don't say that as a scare tactic. That is something that we have seen play out in states like California and Florida. We're already seeing a disturbing trend here of companies sort of quiet quitting the market. And what I mean by that is if you have a policy, you may get renewed. But if you try to shop for options, you're probably not going to be able to get a different company to cover you. And that's particularly true in the wildland-urban interface where 50% of Coloradans live. So, Senator Snyder mentioned we pulled together a group of industry experts in insurance, housing and financing to look at both short and long term solutions to this. ideas in this bill they contributed to. These are small initial steps that we can take immediately to begin to bend those curves of unsustainable rate increases, prepare homes against the increased risk of natural disasters brought by climate change, and stabilize an industry that underpins
so many of our other important community goals and activities. So we ask for your aye vote. Thank you very much. Please hold for questions. We'll go to our online witnesses. Mr. Thermosgaard, I'm going to call you first because I think we lost you on the last panel for the last, for the, was it one or two bills ago? But anyway, go ahead, please unmute yourself. Well, thank you. And proceed. Thank you. I apologize that my internet is not working very well right now. So I'm going to have to just do this without being seen. My apologies. But chair and members of the committee, good afternoon. My name is Jeff Thormitzgaard, vice president of government affairs for the Colorado Springs chamber and EDC, representing over a thousand businesses across our region. We are here in support of Senate bill 49. And we believe that this bill tackles a growing, very real issue in Colorado, the rising costs and availability of homeowners insurance. Colorado currently ranks as the sixth most expensive state in the nation for homeowners insurance, as far as we know it, driven by frequent hail events and increasing wildfire risk. As disasters become more common and more costly, we're seeing premature premiums rise, deductibles increase, and in some cases, fewer insurers willing to write policies in our state. Senate Bill 49 takes a practical, proactive approach to this challenge. The bill creates a tax-exempt savings account that allows homeowners to cover insurance deductibles, invest in impact-resistant roofing, implement wildfire mitigation measures. There are proven strategies the state have adopted and similar mitigation standards have seen documented reductions in insurance premiums because risk is lowered at the property level. From a business community perspective, this matters. When housing costs become unstable or unaffordable, it directly impacts workforce recruitment and retention, economic mobility, and the overall cost of living in our state. Senate Bill 49 helps stabilize that equation by giving Coloradans tools to protect their homes, reduce their risk, and maintain access to insurance coverage. This is smart, preventative policy that reduces long-term costs. And on behalf of the Colorado Springs Chamber and EDC, we respectfully urge a yes vote on Senate Bill 49. Thank you for your time and consideration and apologies for not being able to be there in person. No, thank you for your testimony. Please hold for questions. Next up, we'll go to Ms. Blanc. Thank you, Madam Chair and members of the committee. My name is Carla Blanc. I'm a government affairs director at the Colorado Association of Realtors. and I'm here to testify in support of Senate Bill 49. Realtors sit at the intersection of homeownership, the insurance market, and property-level mitigation, and our members are increasingly seeing the impacts of natural disasters ripple through all three. In many of the communities they serve, these pressures affect Colorado families, delay transactions, and create additional barriers to entry for prospective homeowners. These are exactly the challenges this bill is designed to address, by focusing on proactive measures and solutions rather than reacting after the fact. As introduced, Senate Bill 49 would have expanded access to the state's natural disaster mitigation fund to include individual homeowners. We understand this provision will be removed from the bill, but want to share appreciation for the sponsor's efforts to help homeowners in their abilities to take up mitigation actions on their homes and reduce the severity of potential damage to their homes before a claim is ever filed Next the bill creates catastrophe savings accounts allowing homeowners to set aside funds on a tax advantaged basis to cover deductibles uninsured losses and mitigation improvements By providing a structured, responsible way to prepare for those costs, this proposal strengthens long-term homeownership and reduces financial shock when disaster strikes. From a real estate standpoint, this policy works to reinforce confidence in the housing market, supporting more informed buyers, better prepared homeowners, and a system that is more stable over time. That kind of predictability matters, not just for individual transactions, but for the long-term health of Colorado's housing landscape. With that, I respectfully ask for your yes vote on Senate Bill 49. Thank you for your time and consideration. Thank you very much. Mr. Remus, you are up next. Thank you, Madam Chair. My name is Nicholas Remus. I'm both a licensed architect and on staff at the Colorado chapter of the American Institute of Architects. I'm here on behalf of AIA Colorado in support of Senate Bill 49, based on strike below language we previewed this week. The AIA advocates for policies, programs, and incentives for resilient buildings and communities. This has become a more important part of the practice of architecture in Colorado as we've seen more natural disasters at greater intensity in recent years. Efforts to protect the built environment from natural disasters will continue to be critical if current drought conditions and temperatures stay the norm. On every project, architects balance design goals, individual client needs and budgets, and of course our obligation to protect the health, safety, and welfare of the public. We work with our clients to determine resilience measures that make the most sense for that individual project. That's all well and good for new construction, but that's only a small fraction of the total homes in Colorado. Most homeowners are instead entirely responsible for the resilience of their home after they purchase it and their risk tolerance for natural disasters. The average home buyer probably has a long list of priorities and constraints ahead of resiliency when considering their options. Important components like roofs rarely have lifetime warranties for homes. The disaster risk to their homes today may simply be greater than it was in the past. That insurance gets factored in, which may or may not be at the coverage level the homeowner wants, regardless of their budget. We applaud this effort to allow homeowners to create a tax-free savings account that will allow income tax deductions. Even a modest tax deduction makes the difference for these expensive efforts. If there are any out-of-pocket costs related to insurance claims resulting from natural disasters, and there always is, this bill will save homeowners money as they recover from the damage. If a homeowner wants to be proactive and take mitigation actions, this will make those more affordable. Programs such as the IBHS Fortified are an effective way for homeowners to understand expectations and requirements to improve and protect existing homes. I ask this committee to support Senate Bill 49. Thank you, and I'm happy to answer any questions. Thank you. Please hold for questions, and Mr. Powell, you're up next. Mr. Powell, are you there? Mr. Powell, are you able to unmute? Okay, well, while Mr. Powell is seeing if he's able to unmute, why don't we see if there are any questions for this panel? We do have one more panel, which you can join. Okay, seeing no questions, we are going to go ahead and go to our next panel. And Mr. Powell, you can go first on that panel if you are available. But we also are going to call up Ted Lighty and Lynn Elliott. Okay Mr Lighty why don you go ahead and start while we try get our remote witnesses and I sorry to to the staffer I said I was going to be remote and now I here It perfectly fine Magic You don have to worry so much about the mute button here Yeah, that's right. That's right. Although some days I have trouble with it. Madam Chair, committee members, I'm Ted Lighty on behalf of the Colorado Association of Home Builders. Thank you for your time today. We are here in support of Senate Bill 49. Per one of our builders, it currently costs about 50% more to install an Insurance Institute for Business and Home Safety, or IBHS-rated hail-resistant shingle roof, than it does for a standard roof shingles, or four roof shingles. This likely explains why many homeowners have been slow to adopt or invest in installing these new hail-resistant roofs. So creating a funding source like the Catastrophe Savings Account that can help cover the difference between a standard and hail-resistant roof will make the investment, obviously, in the latter that much more attractive, but more importantly, financially feasible. So absent a fiscal situation here, to set up a program like they have in Alabama, where the state there grants the funding to homeowners looking to harden their roofs, a savings account such as the one created in this bill is a great tool to try to get to a similar result as Alabama's, which now has about 50,000 fortified roofs, the highest of any state. So Madam Chair, committee members, appreciate again your time, and we do encourage your support. Senate Bill 49. Thank you. Thank you so much. Please hold for questions. And I guess Mr. Powell will be testifying on the next bill instead. So let's go to you, Ms. Elliott. You're up. Thank you, Madam Chair and members of the committee. I'm Lynn Elliott with the American Property Casualty Insurance Association. We represent insurers serving homeowners in every community across Colorado. APCIA supports Senate Bill 49 because it lets homeowners plan for catastrophe risk and invest in resilience. The bill strengthens the link between mitigation and affordability by helping homeowners prepare financially before disasters, reducing reliance on post-event assistance. By letting homeowners voluntarily set aside tax-advantaged funds to cover deductibles, uninsured losses, and mitigation costs after hail, wildfire, other catastrophic wind events, savings accounts complement, not replace insurance by promoting preparedness, personal responsibility, and smarter recovery. For these reasons, APCIA urges a yes vote and on the Strike Below amendment as well. Thank you for the opportunity to testify, Madam Chair. Thank you. Question, Senator Kolker. Thank you, Madam Chair. This is for Mr. Lighty. I have a question for you. How much is it to replace a roof to make it fortified? Mr. Lighty. Thank you, Madam Chair. Thank you, Senator Kolker. Again, I got the stat from our builder kind of on the run that it's 50% greater. I don't know what the overall cost is. The insurance industry may know what that is, but it's quite a bit. It's a lot more than, I mean, 50% more average roof. I think you're going to have like a $10,000 at least probably deductible on that, and you're going to pay $25,000, $30,000 for that roof, just a standard shingled roof. So you're going to pay $45,000 or so more. Should we ask Ms. Elliott the same question? And Ms. Elliott, would you like to take a stab at that? Madam Chair, yes. I just went to the Insurance Institute for Business and Home Safety website to see if they had a stat I wasn able to find that but I will be happy to have one of my local councils follow up with the senator with that information Thank you so much. Yeah. Feel free to share it with our Miss Rudebush here and she will share it with the entire committee. Thank you so much. Oh, Senator Kolker. It just as a follow-up to that, Mr. Lighty, you stated that this would help get more fortified roofs, but this is out of pocket to people. They have to come up with whatever that cost is because there wasn't a disaster beforehand. So if they're trying to do this to get ahead of this, they're going to have to come up with this out of pocket. I don't know of many people who have that kind of money up to $50,000 just to set aside. I mean, your state income taxes are over 4%. I mean, we're talking $2,000 tax credit or deduction. If we're talking above the line, I want to make sure our accountant friends here know and check my understanding. But that's great, but this isn't, to me, going to help people who are just getting by or people who have families and they're trying to save for retirement, trying to save for college. I mean, this is going to be people who have a lot of money and looking for a tax deduction to change and to fix their roof. Mr. Leidy. Thank you, Madam Chair. Thank you for the question, Senator. No, I don't think so. I think you've got to look at the deductible, right? So you're not having to, if you're insured and if you have a mortgage on your home, you have to be insured. So you're going to have insurance to cover a replacement. What this says is if you can put it forward, you know, you can put money into the CSA, and you can use that money to pay down or pay for your deductible, the insurance company is going to pay for the rest. Again, I would defer to my co-panelist to make sure that I'm answering the question correctly. So don't look at the total cost of the roof, Senator. look at what the deductible is or the average deductible would be to help pay for that and the insurance will cover the rest it just says you're going to have to put that toward a fortified roof so that you do harden your roof i said senator colker thank you and that my misunderstanding then from your testimony because from your testimony i i understood that you know this is give a chance people to put on a new roof without a claim that's that's just not going to happen. I mean, we're going to have to wait for a claim to actually take advantage of this program. Is that what you're thinking? Mr. Leidy. Thank you. Again, I think there's other, thank you for the question again, Senator. I think there's probably other witnesses that came before me or are with me that might be better to answer that question, but I think you can look at it both ways. I think, yes, if the disaster happens and you're affected already, you can apply that money to your insurance deductible. Insurance will replace the roof or cover the remaining costs to replace the roof. You can also plan ahead. So those that you talked about, not necessarily the well to do, could plan by putting money in the savings account like any other savings account, a 529 plan, however. But I think, you know, as the sponsors said and as they kicked off the bill, we've got to do something for insurance rates and to help folks through the exorbitant premiums that they're paying right now. and this is one way to do that. So that's why we're here in support. Thank you. Thank you so much. Any additional questions for this panel? Okay, seeing that... Thank you so much. We really appreciate you both being here to testify. We are going to go on to really our last panel. I'm going to call it a panel, but we have Mr. Josh Penz from the Department of Revenue for questions only, and I'm going to bring up Mr. Abrams, our fiscal analyst, if that's okay, to maybe help me better understand the bill. Or did you have somebody you'd rather bring up, Mr. Abrams? Did you have somebody you'd rather bring up, or are you good? Okay. So, Mr. Penz from the Department of Revenue and Mr. Abrams, who is our fiscal analyst on the bill. I do have a question, but does anybody else have a question? Okay, Senator Benavides. I had a few questions for Mr. Penz. From Revenue? Yeah, okay. Senator Benavides for Mr. Penz. Would you like to dialogue? Yes, please. Okay, please. Thank you. When I looked at this, the only tax expenditure that I saw that was comparable to it was a 529 account. Is that your understanding, or are there other comparable tax expenditures to this? Go ahead, Mr. Pins. You're dialoguing, so you're fine. Yeah, thank you, Madam Chair. Josh Pins from the Department of Revenue. Yeah, the 529 plan and the related ABLE savings accounts are probably the most comparable. I mean, obviously, those we rely a lot on are partners at College Invest to help us administer. There was previously a savings account, a tax advantage savings account for first-time homebuyer savings. That was repealed, I believe, in 2024 by the Legislative Oversight Committee concerning tax policy because it wasn't used very much and we saw high levels of erroneous claims for those savings accounts. Thank you for that. because my kids are grown now and out of school, so I haven't had to use a 529 account. But when they were in college and I did use one of those accounts, it wasn't easy because there was one bank, I think it was First Bank back then, that was the only one that was used where you could put a 529 account and then you were sent from the college, I think it was a 1098, to say this was a qualifying expense, and that way you tracked it. I'm very concerned about this bill where anybody can set up a checking account or a money market account. No one is tracking money going in or money going out of it per se, And those seem like huge red flags for fraud in my mind. And to do, I mean, we're talking 50,000 put into account up to 50,000 annually. These are completely shielded from levy or garnishment. And I don't know if you all are looking at any of the fraud flags associated with this bill. Thank you Senator Benavidez I mean I think that our fiscal note with respect to the introduced version reflects the fact that the department is largely responsible for determining that these are qualified catastrophe savings accounts and for monitoring the distributions to ensure that they for a qualifying purpose or that the taxpayer made the required add back for this disqualifying distribution I mean, right now, we rely, again, a lot on College Invest and the financial institutions that they contract with to do most of that monitoring and refer high-risk accounts to us directly. But bringing all that in-house at the Department of Revenue certainly would require some monitoring on our part. And that monitoring is largely manual. It's us reviewing, you know, receipts related to the distributions to ensure that they were for qualifying expenses. But will you be sending them a document at the end of the year, so a tax document of some form that an expenditure or disbursement from that account was a qualifying disbursement? Yes, Senator. with the first time home buyer savings accounts, as I recall, we had a particular form, a schedule where the taxpayer would detail to us the beginning balance of the account, any contributions to the account, any withdrawals from the account, and then we would expect them to attach to that bank statements that proved out those amounts. And to the extent there were withdrawals and distributions, we require them to attach to the tax return documentation that proved that those were qualifying distributions, and we would just have an examiner review that schedule and the attachments to make sure that everything was as it should be. If you're going to do all that, I didn't see anything in here with regard to rulemaking by DOR. Senator, we have fairly broad rulemaking authority with respect to the entire income tax code, so So typically we would not have specific rulemaking authority put into statutes for these kinds of programs because we would just rely on our authority to adopt rules to effectuate the tax code. Okay. I was just checking. I think that was all that had to do with revenue because you wouldn't know anything about – I'm being told that they're going to amend out levy and garnishment. but it would not be subject to attachment or legal process in a state, in the state, or I guess, well, it could happen in another state. That wouldn't affect you guys at all. Senator, that would not affect the department, no. Okay, thank you. Thank you. Senator Colker. Thank you, Madam Chair. Also, Director of Mr. Pins. I'm looking at this and I look at the fiscal note for the original bill and $148,000. And if you're doing manually on this, I do think this is right for fraud. Because these could be opened up anywhere. Not like the 529 plan where everyone is listed as a 529. You could open this in any type of after-tax account. Is that correct? Technically. Mr. Pence. Thank you, Madam Chair. Senator Colker, that's correct. And the success of the 529 program, you know, relies a lot on the fact that that's a national program that's set up under the Internal Revenue Code and has this sort of, we have this partner in College Invest that helping us administer those So these require much more monitoring by the department than those do Certainly under the strike below with the draft as the administrator, we could try to find a partner, a third party partner that could help us with that as administrator is defined, but somebody is gonna have to have some oversight of these accounts to make sure that they're being used for appropriate purposes. Senator Colker. Thank you, Mr. Pence. Let's say, for example, I opened up a brokerage account and I invested $50,000 in stocks and bonds and stocks had capital gains. Now, I always have to worry about the federal taxation, but there would be no taxation then on any capital gains inside of this account based on this bill. Is that how you read this? I mean, the 1099 would be sent out to the account holder, but then you would have to mainly go through the 1099 and account for that when that was sent in. Is that how this works? Mr. Pence. Thank you, Madam Chair. Senator Colker, my reading of the bill is that it wouldn't apply to just a general brokerage account. It would be limited to savings accounts and money market accounts. And so the earnings that we'd be looking towards is interest earnings. But yes, I mean, to your broader point, we would have to verify that the subtraction taken was equal to the amount of contributions plus the interest earnings and wasn't a larger subtraction than those two amounts. Thank you. And I think Madam Chair. Senator Colker. Maybe just dialogue. I might have one dialogue. Thank you. And that's just it. I don't know if you have a copy of the strike below. And I'll have to ask the sponsor this, too, is exactly where you would see the type of account that it's money, market, or savings only. I mean, I just got this today. I'm trying to look through it. I'm thinking in this bill it says qualified taxpayers in the strike below, if they live in separate legal residences in the state with separate savings accounts, the maximum they could deduct then is $50,000 each, even though earlier on, this is on page three, it says if they file separately, their maximum is $50,000 total. Did you see that in this? How often does that happen? We've got people filing separately in separate residences. Thank you, Senator. I mean, I'm not sure of the frequency of married filing separately versus married filing jointly. I think the purpose of that rule is to say, in general, married filing separately, people will not get a bigger benefit than married filing joint people, unless they actually live apart in separate residences and have established separate catastrophe savings accounts with respect to each residence, in which case they're essentially on similar parity with single individuals filing a single return. They get up to $50,000. Okay. Thank you. All right. Thank you. Again, I just wonder if your fiscal note is a little low on this originally. So based on all the reporting, that's going to be done. So I appreciate your time. Thank you. Other questions? Senator Benavidez. I just thought of another question after Senator Coker's questions, which is if people can put $50,000 a year in here, and let's just say a person put $50,000 a year for five years and they have $250,000 in there, they haven utilized any of it and they die What happens with that account Is the final return going to have to recapture those funds the tax that they've escaped paying, which on $50,000 under our tax rate could be roughly $2,500 or so a year? Mr. Pence. Thank you, Madam Chair. Senator Benavidez, yes. If it's distributed for as a result of a death of the account owner, that's not a qualifying distribution. It is in the case of a 529 plan, but not in this case. And so the death and subsequent distribution of the account would trigger the recapture in the ad back. Thank you. Senator Snyder. I just had a follow up. The recapture would be then on the final return by whoever does that. the estate I'm guessing. Mr. Penns. That's right or the surviving spouse. Senator Snyder. Thank you Madam Chair and Mr. Penns you've been awfully a lot in the spotlight this year probably not to your liking. I don't know that for sure but I want to thank you for all the work you've done with the stakeholders on this group. I just want to clarify a few things. So you have flexibility and I know we've talked a lot about the definition of administrator, but you have the flexibility to contract with a third party to for the department to do that themselves. So you have options there as far as who is the actual designated as the administrator. Is that correct? Mr. Penns. Thank you, Madam Chair. Thank you, Senator Snyder for allowing us to weigh in on all of this and provide some language. Yes, you're correct. We would have a flexibility on either the department or some third party selected by the department helping us to have oversight into these accounts. I mean, I would say that either way, that's going to come at a cost, whether we do that internally or whether we contract with someone as a third party. I mean, I doubt there's a third party that's going to do that for free. And so, you know, that's going to come at a cost that that oversight. Thank you, Senator Snyder. Thank you, Madam Chair. And I know we had a question about the filing status, whether you're a joint filer is filing separately, what have you, but and we talk a lot about 529s. But really, there is a difference here, because if you have two properties that essentially are both at the same, roughly the same risk for catastrophic events. Doesn't it make sense to then have people to go up to the maximum amount of a yearly contribution for those, each of those properties? Does that make sense? Mr. Pence. Thank you, Madam Chair. Senator Snyder. Yes, I think that makes sense that, you know, the way it's structured now is meant to say that, you know, is meant to prevent people from filing separately and claiming a $50,000 benefit apiece with respect to the same residence. But if married individuals are filing separately and live in separate houses with separate catastrophe savings accounts for those houses, you know, we think it makes sense to treat them in parity with a single filer who's filing with respect to their house and give them the full $50,000 limit. So it's sort of a way to ensure that the $50,000 a year limit is sort of a per residence limit rather than a per taxpayer limit. Great. Thank you. Senator Snyder. One final question. So, We do have some provisions in here because we heard something about lack of oversight, and I realize this may not be as vigorous as some of the other tax advantage accounts that you discussed, but it says the administrator shall periodically examine a sample of catastrophic saving accounts. And then the department shall furnish the administrator with all of the amounts subtracted subtracted and recaptured by each qualified taxpayer. It also talks about, you know, other measures. And then even there at the end of the strike below bill, it even points out that the state auditor shall make the effectiveness of the subtraction in achieving the purpose specified in Section 7. So we do have some safeguards and some review. Are you satisfied that that would help us to keep an eye on how this program's going? And if there's any cases of misuse or fraud, we would have a better chance of discovering that. Mr. Pence. Thank you, Madam Chair, Senator Snyder. I think some of that was premised on the idea that we would partner with another agency kind of similar to college invest to do that sampling. I mean, if the department's going to administer the entirety of those, you know, I think that we would still sample some of them. But part of the issue that we saw with the first-time homebuyer savings accounts was not really that people were making non-qualifying distributions, but rather that people were claiming the subtraction even though they didn't have an account. And it wasn't clear whether that was fraudulent or just that they misunderstood the purpose of the deduction. We saw a lot of deductions on that line for mortgage interest, for example. And so I think that, you know, that even just getting down to sampling some of the actual distributions, you know, won't address that bigger issue, which is that somebody just needs to monitor these to make sure that people taking this attraction actually have an account that they're contributing to. Okay. Thank you. Thank you. Senator Colker.
Thank you, Mr. Penn. It made me think of something else quick. I did find it a part where it says savings or money market at the beginning. But, again, that's a savings or money market that doesn't have a registration like an IRA would have a custodian or 529 would have a custodian. It would just say the individual's name, checking or joint checking or joint savings. And so my concern is, you know, that's not, that's going to have to be kept track of by you, by the department, which bank it's in, what's the account number, and then what's going to prevent the person from depositing it, showing the deposit, and then transferring that money to a brokerage account to invest it, and then depositing it before the end of the year, coming back, just to make sure it's theirs for your last month's statement.
Mr. Pence. Thank you, Madam Chair. Senator Colker, I don't think that your concern is unfounded. I mean, these types of accounts do, particularly where they're not running, you know, through a system like the 529 system, they require just manual review. And so it's a matter of looking at the statements to, you know, view the ins and outs that have happened during the year. And that's all just manual by a tax examiner. You know, it's also taking that and comparing it to what was filed on the prior year return Does this you know does this statement for the first month of this year start at the same place the last statement for the last year ran And so all of that just manual audit examination work
by examiners. Last question. Last question. Just that makes me think of, you know, as long as the money's put in, say, January 1st, let's say it's $50,000, and you'd have to look at, check every monthly statement, because if they took it out, used it to invest, and then by the end of the year put that $50,000 back in, there's nothing wrong. I mean, it's still $50,000. It just didn't earn that much interest. I mean, there's nothing wrong with that. It's just that you're getting a tax action on money that you're using to invest somewhere else for a period of time. I mean, what would be your response if you saw that?
Mr. Pence.
Thank you, Madam Chair. Senator Culker, for any distribution that we saw on a statement, we would require them to prove to us that it was a qualified, that it was, the distribution was used to pay a qualifying expense. And so if they couldn't substantiate how that distribution or withdrawal was used for a qualifying purpose, we would trigger the add back. We would require them to add back the amount of that distribution.
If you caught them.
Mr. Penns.
Yes, if we caught that, yes.
Okay, thank you. And I do have a question for Mr. Abrams, and perhaps Mr. Penn would be able to weigh in too, but I am concerned that this bill will still drive a fiscal note, and given the year we're in, I know perhaps you haven't had a chance to do the fiscal on the strike below, Mr. Abrams, but do you have thoughts on that?
Thank you, Madam Chair, Josh Abrams, legislative council staff, and yes, it definitely does.
Okay, do you have an idea of, like, the magnitude of the fiscal?
No, I think that we will be in discussions with Mr. Pence and his staff, but as you heard said, there is an absolute cost to administer a tax deduction and there is likely gen tax programming. How this strike below policy differs from the introduced policy is something that I will discuss carefully with our co-analyst, Dr. Ramey, and as we're talking through how this one differs from the other, but I would anticipate that the same types of cost drivers, as you're seeing in the fiscal note today for the bill, will also occur for this updated policy.
Thank you, and I assume that would include impacts to revenue, correct?
Thank you, Madam Chair, exclusively to revenue. And the other impacts in the fiscal note on the introduced bill are eliminated by this strike below. So there is no more expenditures for DPA. There's no more expenditures for the hazard mitigation enterprise. The only thing left in the bill now is the tax deduction. When you ever have a tax deduction or some kind of a tax expenditure policy, there will be costs for the Department of Revenue almost always.
Right, so the revenue and then the cost of the Department of Revenue.
Correct.
Okay, thank you.
And I don't know, Mr. Pence, if you wanted to elaborate on any of the costs to the Department of Revenue, but I just wanted to make sure you're aware or see if you are aware.
Thank you, Madam Chair. I agree with Mr. Abrams. At a minimum, we'll have gen tax programming and form changes just to add the deduction to the form, but there will be costs beyond that. Thank you.
Appreciate that. Thank you so much.
Oh, I'm sorry. Senator Benavides.
Mine is quick, and it's for Mr. Abrams. And I hadn't thought of it until somebody asked the question about the cost of the third-party administrator. I don think it be as robust as College Invest but something comparable to track this Is that being considered in your fiscal note Mr Abrams Thank you Madam Chair
And yes, Senator, that is absolutely being considered. I mean, I think when we looked at this language originally, it's hard to know who that administrator would be. Our assumption would be is the default is the Department of Revenue. Now, if the Department of Revenue is able to find a partner and is able to sort of help us to understand what that contracted cost would be to employ a third-party administrator, that's what we would include in our fiscal note. But that will come through in our conversations with the department. But somebody must administer as your conversation is borne out.
Thank you, Senator Snyder.
Thank you, Madam Chair. Thank you, Mr. Abrams. Looking at the March 2nd fiscal note that you prepared, It looks like, to me, the bulk of the cost came from the natural disaster mitigation enterprise, and with that removed, you know, fully two-thirds, three-quarters of the fiscal note seems to be going. I recognize there will be some incidental costs. We've tried to fashion this bill so that it would not have impacts or necessitate a Gentex reprogramming. And I realize if the program's successful, those are things that will probably have to happen. But I just wanted to make sure we're on the same page, that there will be costs, but it won't be anywhere near what you had published on March 2 with the natural disaster mitigation enterprise.
Mr. Abrams.
Thank you, Madam Chair. And, yes, absolutely, Senator Snyder. All of those costs disappear. There are no real costs in the first out budget year, even for the Department of Revenue. once this tax policy is implemented, there will be costs for the department, and that's what we will try to suss out for a revised fiscal note for the Appropriations Committee. Thank you.
Thank you. Any further questions? Well, thank you for answering all of these questions. We really appreciate it. And with that, is there anybody else in the room who wants to testify on this bill because you're going once, going twice? The witness phase is closed to the amendment phase, bill sponsors. And we know we have at least one amendment from the bill sponsors, and so who would like to move that amendment? Senator Snyder.
Madam Chair, I move L-004 to Senate Bill 49.
That is a proper motion. Would you like to tell us any more about it? I think we have been discussing it, but would you need any more information?
I have been looking, Madam Chair. Please. I've been looking forward to going into detail line by line on this. And word by word. Thank you.
We look forward to it. Keep in mind that there's another bill with a number of witnesses after this one. Just saying.
Well, I just want to say that you can tell, hopefully it's obvious that this comes from a lot of back and forth and really good stakeholding with DOR, with the insurance industry, with the banking industry. And, you know, it really is a result of a good process in that way. I'd be happy to go through it in more detail. But suffice it to say, it strikes the first section. There's no relationship to the natural disaster mitigation enterprise. And it really is a new approach that I think is going to be successful And I know we had some concerns about a lack of safeguards and other things And we do have safeguards in here We've put in all the language we can to try and avoid and keep that fiscal note down. But I think it's important to remember that several, at least seven other states, Alabama was mentioned. I mentioned South Carolina. There are several other states that have done this, and they haven't had any of these problems. I know as an attorney, sometimes you're trained to look at the worst case scenario, but I don't want to borrow trouble. And I realize if there's unscrupulous people out there, they're very smart at finding ways to game the system and tax avoidance. But I don't think that in this space, that's what we're going to be seeing. I think this is a genuine opportunity. And I think just to set the record a little bit straight, I know we're talking about the amendment. But Mr. Lady, I think, had some inflated numbers. My understanding that a hardened IBHS-certified roof is about $5,000 or $6,000 additional. So if you say you have Allstate or one of the other farmers, one of the other insurance companies, your roof gets destroyed by hail. They're going to come out and say, okay, pay us your $5,000 deductible or $6,000 or whatever it is, and we'll put the same exact roof on for $20,000, the one that just got destroyed by a moderate hailstorm. I think instead, with this savings account, one, you'd be able to meet that deductible without breaking the family's budget if you were able to save for it. I don't think people are going to be putting $50,000 a year. Most of the families, as Senator Colker mentioned, are barely getting by. If they were able to put a couple of hundred or $1,000 a year into this, it would build up. And then they also could use that money to pay that $5,000 or $6,000 and put the more resilient roof on. So that's what this amendment does, is really clarifies some of those issues, and I would ask for a yes vote.
Thank you. Senator Frizzell? Okay. So let's see, you moved SB004, so are there any questions or concerns about L004? Is there any objection to L004? Seeing none. L004 is adopted.
Senator Frizzell? Thank you, Madam Chair. I move Amendment L-005 to Senate Bill 049.
Oh, I'm sorry, L-005?
Mm-hmm.
Okay. Would you like to tell us about that amendment?
Yes. Thank you, Madam Chair. This is just an amendment. This really came from the banking industry that on page 3, line 10, strikes that attachment levy garnishment phrase and just substitutes attachment. So this is just in response to a request that came from our friends in the banking industry. Thank you.
Are there any questions about L-005? Is there any objection to L-005? Seeing none, L-005 is adopted. Do you have any further amendment sponsors?
No.
Okay, members, do you have any amendments on this side of the dais? Seeing none, the amendment phase is closed. Wrap up. Who would like to go first?
Senator Feazell. I have a lot of personal experience with wildfire mitigation. I actually lived for a very, very long time in the southwest area of Douglas County in a subdivision that backs right up to Pike National Forest. And we were, in fact, evacuated for the Hayman Fire way back when. And that was a sobering thing for our community and really caused us to jump into action when it came to mitigating all of the area. And thank goodness we did, because it is a wildfire-prone area anyway, but it just makes things more affordable from an insurance standpoint. Even when I sold that house, I had to pay to have many trees right around the house taken down. And certainly having kind of a backup like is provided in this bill where we had saved up and had an account that we could use to draw down to offset those expenditures, that would have been great. I've also been in a subdivision in Castle Rock where the entire area had to have their roofs replaced because of hail damage. And this is an issue in the state of Colorado. It's not going away. And while this bill is not perfect, and I agree with my co-prime sponsor, I feel like it's a small and meaningful first step. So I would request your aye vote, and I appreciate all of the lively conversation and questions that we've had today. Thank you.
Senator Schneider.
Thank you, Madam Chair, and thank you to the committee and all the witnesses who came and testified. I think we heard that the opposition that we had initially had with the introduced bill have all stood down. And I think there's a real opportunity here to change the dynamic because, like I said, the state doesn't have the money, and we don't want to increase costs on homeowners and policyholders. This is an opportunity to really find a third way for people to meet these rising costs, these rising results from more and more catastrophic events here in Colorado. We are all living through it right now. And I think this is the kind of program that allows us people to get ahead of it. I realize that it does seem to be favoring wealthier people who probably have more, earn more income and might have the ability to put more money into one of these tax-free savings accounts. But I don't want to overstress that because there are many people that live much closer to paycheck to paycheck, what have you, but if they recognize that this is coming and that they can prepare for this potential in the future, I think they will. And we'll have to see what the uptake is. I would like nothing better than to be back here two years from now telling you we need to do X, Y, and Z because the program has been ultra successful. But I think it's well worth giving a shot, and I hope you'll find a way to vote yes.
Great. Thank you. comments, members. Senator Colker. Thank you. And I want to just apologize to the sponsors for not
giving you more information ahead of time because I just was able to go over the strike below today. For that reason, you know, seeing what's on it, I'm not for this bill. It just, it doesn't pass the smell test for me. It, you know, I sit and I meet with clients who are month to month, and we're trying to get them to save three months of their pay. And if they put that and they have one place to put it it would be a savings account not an extra place where that if they had to use it because their car broke down or for some other reason they losing that tax benefit They don have the money to do that. So that's why it smells to me as something for someone who has $50,000 and is looking for a tax deduction and can put this in. And knowing that eventually they could use it, because it's not just for claims, my understanding. And correct me if I'm wrong, it's for if they want to put a new roof on. So it doesn't have to have a claim to put a new roof on. And so they can take this tax deduction and put a new roof on if they knew they were going to do it anyway. So unless I'm wrong, I mean, is this only for claims or is it for if they do the mitigation ahead of time?
Would you like to answer that? Senator Snyder.
Thank you, Madam Chair. Thank you for the question. It's both. Yep. But I'm having a hard time seeing why somebody would pay out of pocket for a new roof. Well, one, let's assume they need it, whether from a natural disaster or just age and wear and tear. You know, they're going to go through the insurance, homeowners insurance policy, which, as we've said, deductibles are going up skyrocketing. I've heard 5% of your market value of your home as a high end for that. That's incredible. On a $500,000 home, that's $25,000. But it's both, to answer your question.
Thank you. And I don't believe that, I mean, I've heard homeowners insurance policies not paying for people's roofs. So that's just dependent on if there wasn't a claim. I mean, if there wasn't damage. So, you know, it's just wear and tear. I know they're also depreciating. I got an email from a constituent about how they're depreciating their concrete roof. And so their replacement value has gone down, even though it's a concrete roof, which I don't know how much they depreciate it by, because it sounds like that's something that's going to last a long time. And my grandparents had slate roof on their farmhouse. And I was 100 years old when it finally burned down and the roof was just fine. Okay. Okay, so that's just where I'm at in this bill, and I just want to let you know.
Thank you. Senator Benavides.
Thank you for bringing the bill. I have a lot of concerns about the bill and wouldn't be able to support it. And I think it's, you know, $50,000 into an account every year is a lot. I mean, your deductibles, whatever it is, a $20,000, $30,000 deductible, whatever it is, there should be a limit on it. It shouldn't be $50,000 every year because even if you pay it to get a roof, you're not going to be paying that every year. So that's kind of, for me, it seems a little squishy in the requirements. and you do talk about mostly for insurance, but on page two you talk about also for self-insured losses. So you're not just talking about people that have insurance deductibles. You're talking beyond that. And having it in any kind of account, including a money market, especially when we're not doing the audits that we should be doing in this state and there's really no way to monitor or track it, that it just doesn't work for me. So I just want to let you know I'll be a no on the bill. Thank you.
Thank you Other comments before we Vice Chair Marchman I sent this to you and I send it to you too but I talked about our claims my family claims on this before and I found the documentation
We ended up paying $15,760 for our $19,000 Class IV roof. It took our family two years after the date that the hail took it out, and we were able to finally save up $15,000. So I don't doubt that this is important, and I just want to specify these roofs are incredibly, incredibly expensive. I like the bill okay, but I'm going to be honest, I'm pretty concerned about the tax credits. They estimated about 1,000 people in this. I don't know. I'd be interested to see how many people are sitting around with $50,000. There are a certain amount of folks who are. But that seems low to me also. I just felt like the fiscal seemed, even though we're getting rid of the whole enterprise and half of the fiscal goes away, I'm just saying I feel like more people might take advantage of this, and I think it could. I wish it had a cap on it for how much we had. So maybe we can talk about that for a propes, but thank you for the bill. I will be a yes today.
Okay, thank you. I will just weigh in briefly before we vote. I do want to say I really appreciate the intent behind this bill, and I think your challenges and appropriations are challenging, and I'm sure some of the things that people have brought up here could be fixed. So I will be yesterday, but I am unclear as to whether we will see this bill on the floor because I think that the chances of getting through appropriations are really difficult, given what we've heard. But I do appreciate the efforts that you guys have put in to this. And with that, who would like to move the bill?
Senator Frizzell. Thank you, Madam Chair. I move Senate Bill 49 to the Appropriations Committee as amended. Thank you.
That is a proper motion. Ms. Rudebush, will you please take the roll?
Senator Spenavides.
No.
Bright.
Yes.
Giselle.
Yes.
Coker.
Respectfully, no.
Mullica.
Yes.
Simpson.
Yes.
Good luck in approves.
Snyder.
Yes.
Marchman.
Aye.
Madam Chair. Yes, congratulations. I'm sorry that you're on your way to appropriations. Seven to two. Thank you, committee. That brings us to our final bill of the day, and we will bring up our final sponsor, Senator Molica for SB 26155. Oh, and Marchman. Okay. We'll get that amendment made. Thank you. Okay Welcome to our final bill of the day Senator Mullica Thank you Madam Chair I didn know if we ever get there but we are here now and so excited to be here and appreciate the opportunity to present Senate Bill 155 to the committee
And before I get started, my opening statements, I just really want to take this opportunity to thank all the stakeholding that has gone into this bill, from the industry, from the Division of Insurance, really across the board in trying to figure out what we could do to solve this problem. Because as I'm sure many members on this committee can remember, a version of this bill came before the committee last year of which I could not support. But I know and appreciate the challenges Colorado's across the state are facing when it comes to homeowner's insurance. And I committed to working to find a solution in the interim. I can remember several years ago, I was knocking on doors, and it was right after a hail storm, and it came through my community, and every door I knocked on, they thought I was a salesman. They thought I was a roofer, and I was trying to sell my new roof. I wasn't, but I got to meet up with a couple of the roofers who were in the neighborhood, and I shook their hands and said hi to them and talked to them, and I'll never forget what they told me, and I said, man, you guys are busy, and they said, this is like diamonds falling from the sky. I'm like, okay. And, you know, I think it speaks volumes to the situation that we're in in our state, that we do have a problem and that hail has played a role in our insurance rates going up. You know, this bill is the result of a lot of the conversations with the Division of Insurance, the insurance industry and the stakeholders. We started this last summer. this bill set up a grant program to help coloradans strengthen their roofs against hail damage while wildfires are real concern for parts of the state hail is actually one of the biggest drivers of homeowners insurance premiums in fact colorado is second behind texas in terms of hail claims has caused over five billion dollars in insured losses in the last decade and not just hail and not just in hail prone areas of the state data from the division of insurance found that a significant portion of premium goes towards hail even in non-hail prone areas of the state and I know that the minority leader and I have spoken about this offline that even if you don't have hail in your part of the state the cost of putting these new roofs on comes to all of us no matter where you live. In short whether you live in the mountains urban areas or on the eastern plains this bill helps ensure Coloradans can afford coverage and insurance. The Strength in Colorado Home Enterprise will help with coverage affordability by creating a grant program to help homeowners harden their homes against extreme weather events like wind and hail. The enterprise will be governed by a seven-member board, including the Commissioner of Insurance, insurers, consumers, counties, and individuals with expertise in home hardening and resilient roof systems that will set the standards for the grant program. We believe these folks bring diverse perspectives to build a strong enterprise. The grant program in this legislation draws from similar programs in other states including Alabama and Louisiana that have a proven track record of
success including seeing insurers come back into the market which also helps bring down the cost of premiums. You often hear the adage that competition benefits the consumer. We will look back at best practices from those programs and structuring our grant program here in Colorado. By investing in impact resistant roofing homeowners can reduce how often their roof needs to be replaced fewer losses mean fewer claims which benefits insurers and homeowners alike and finally hardened homes are easier to insure and can help stabilize rates in hail prone areas of the state in addition to creating the grant program there are two other components in the legislation first section three of the It requires insurers to spend an annual filing that will help stakeholders understand the impact of this program on homeowners insurance rates. We think this is critical in measuring the program's success. Second, as you may recall, last year's legislation was going to set up a wildfire or catastrophe reinsurance enterprise. After ongoing discussions about that concept, we did not include that in Senate Bill 155, but instead the bill directs a study to be undertaken to evaluate the best approaches for dealing with access to insurance for homeowners in wildfire risk areas of the state. That study will be funded through the enterprise. We added this last piece because we know that the availability of homeowners insurance in high wildfire risk areas of the state continues to be a paramount concern. This study will help in finding those long-term solutions to challenges. I want to be clear before I end. This bill will not increase the costs on consumers. There is clear language in the bill that says that this cannot be a surcharge on consumers. Through our stake holding process from the summer into the session, we've worked with the industry and I think that you'll hear in testimony today, there is strong consensus that the way that we have ran this bill will actually lower the cost of homeowner's insurance on the people of Colorado. That was my concern going into this bill last year is making sure that we are not adding costs to the consumers or to the people of Colorado. This bill will not do that and I think you'll hear testimony today that it won't and that we've set it up in a way that the people of Colorado will start seeing lower homeowners insurance rates. I will now turn it over to my co-sponsor, Senator Marchman, who I'm very excited to be on this bill with. Thank you so much. Senator Marchman. And thank you, Madam Chair. I, too, just really want to thank my co-prime, Senator Mullica. he's worked with house sponsors and this huge coalition to really come up with something different than 1302. I found a message that I had sent to the commissioner of insurance on June 12th of last year and I asked for three things because I think this is such an important policy and 1302 didn't pass last year. So the first thing was I said start in the Senate. It's always better start in the Senate. The second was separate the reinsurance structure from the HAL provisions and the third was rethinking the funding with the enterprise model with the fee on insured homeowners. It raised concerns from constituents who were already struggling to afford coverage. When I saw the introduced bill and saw that all three of the things were in there, I immediately asked if I could join. Throughout the entire interim, and in fact my entire time serving in the state senate, I've heard from many constituents about the rise in premiums and the questions around why this keeps happening. I represent SD15, which is Loveland, Wellington, Estes, and La Porte in Larimer County. And then it's Netherland, Lyons, Ward, and surrounding mountain communities in western Boulder County. So my district sits at the intersection of both of the Colorado insurance crises. Larimer County, where I live, is right in the high-risk Kale Corridor. And my western Boulder County constituents are living the wildfire insurance availability collapse in real time Still working through the aftermath of the Marshall fire and watching neighbors lose coverage that they had for decades just by re-upping their plan. I did want to speak a little more about the findings from the division's analysis of hail damage risk and how much it contributes to premiums, which explains why this bill is so important. In Larimer County, over half of the premium is attributable to hail. In El Paso, it's 52.5. In Jeffco, which is mainly wooey with high risk for wildfire, it's still almost 50%. So even for counties that rarely see hail, hail's a premium driver. A resilient roof results in reduced premiums, fewer claims, and increased sales value. Based on studies from Mississippi and Alabama, mitigated homes have increased resale value, with studies showing a 2% to 7% boost for fortified roofs. Other states have also seen real benefits. There were 60% fewer claims post-storm in North Carolina for strengthened homes. Alabama's program has reduced deductibles by 60% and also strongly served as a catalyst with people who didn't even get the grant in selling stronger roofs just to get premium benefits. Oklahoma has seen savings of around $750 per year in premium discounts after strengthening roofs. I also want to speak to an amendment that's going to be coming today on Section 3 of the bill because that's where I spent most of my time before signing on as a co-prime. The amendment that we're going to talk about that's been delicately stake-held is replacing the introduced bill's rate filing language with a specific annual filing requirement. So no sooner than January 1 of next year and upon the commissioner adopting rules, every insurer who writes multi-parallel homeowners insurance would also submit an annual filing reporting the number of policies in force, the number of homes with hardened roofs, the discount applied to the homes, and when inhaled claims frequency and severity for homes with and without hardened roofs. The last piece is the accountability mechanism that this bill needs. When that data is public, we will know for every insurer riding in Colorado whether the claims reduction from resilient roofs is actually showing up as discounts for the homeowners who installed them. Thank you for considering this legislation, and we are happy to answer any questions. Thank you. Do we have questions for our bill sponsors? Seeing none, we do have quite a few witnesses, so we'll go right to the witness phase. I'm going to call up to begin with Carol Walker, Danny Furman, and Chris Ventura. And I'm not sure if the other folks are remote or online, so we'll go ahead and start with Mr. Furman. Oh, okay. You're Carol, okay. Good to know. Mr. Jablan, nice to see you. Okay, well we will start with our in-person witnesses and hope our other one is online. Mr Fuhrman please begin Thank you Madam Chair and members of the committee My name is Daniel Furman I am here on behalf of the American Property Casualty Insurance Association better known as APCIA, whose members provide coverage to homeowners in every community across Colorado. APCIA strongly supports efforts that help homeowners reduce the risk of hail damage. It is the single largest driver of homeowners insurance costs in Colorado. In fact, as you've heard, Colorado ranks second in the nation in hail insurance claims with more than half of homeowners premiums driven by hail related losses. Therefore, making risk mitigation is essential to any affordability strategy. This bill, Senate Bill 155, is focused on prevention. By investing in proven science-based mitigation strategies, including fortified roofing standards developed through extensive testing, the bill recognizes that stronger homes mean fewer claims, less damage, and more stable insurance markets over time. We have seen this approach work elsewhere. states that have made sustained investments in home hardening and roof mitigation have seen losses decline and markets stabilize over time, which ultimately improves long-term affordability and availability for consumers. APCIA is very supportive of the amendments that are before you today. We want to thank Senator Mullica and Commissioner Conway for working with the industry in trying to improve the bill. The amendments help to ensure that the program that's created within the bill is appropriately scoped, it is well-governed, and ultimately is focused on meaningful risk reduction, while at the same time ensuring that the program is implemented in a way that is efficient, workable for the insurance industry and aligned with existing regulatory frameworks. Ultimately, the goal is straightforward. We need to reduce hail losses. We need to strengthen homes, and we need to keep homeowners insurance available and affordable for all Colorado residents over the long term. I'm happy to answer any questions, Madam Chair. Thank you so much. Mr. Jablan, you're up. Thank you, Madam Chair, committee members. My name is Dan Jablan. I'm here on behalf of the Rocky Mountain Insurance Association, or otherwise known as Ramiya. We represent over 85% of the Colorado's homeowners insurance market. We very much appreciate Senator Mullica and Commissioner Conway's engagement in a robust stakeholder process, continuing to work on this important bill with us to help reduce risk for Colorado's number one homeowners insurance cost driver, hail damage. As my colleague just stated, Colorado is ranked second in the nation for hail insurance claims, only behind Texas. And on an average, more than 60% of the homeowners insurance premiums are attributed to hail risk. Rami is in support of the amendments being introduced today that help ensure Senate Bill 155 represents our shared goal of investing in hail mitigation, and getting more fortified roofs in place at scale to ultimately reduce risk, lower insurance premiums, and prevent insurance fraud. The bill is based on successful IBHS fortified mitigation grant programs in places like Alabama, where the crisis on the coast has been transformed into a stable affordable insurance market by doing scalable roof mitigation supported by state grant programs This is an important step to stop looking for insurance solutions to start supporting risk reduction solutions. That's a long-term answer to making our homes safer and more insurable. Thank you for your time today. We'll be happy to answer any questions. Thank you. Please hold for questions, and we will go up to our remote witness. Mr. Ventura, I believe. You have two minutes. Good afternoon. Chairman Kipp, Vice Chair Marchman, and members of the Senate Finance Committee, I wish to thank you for allowing CertainTeed the opportunity to offer testimony on Senate Bill 155. My name is Chris Ventura, and I'm the Manager of Policy and Advocacy here at CertainTeed. Now, operating for more than 120 years, CertainTeed and our affiliates have over 18,000 employees across more than 160 manufacturing facilities throughout the United States and Canada. We're committed to the responsible development of sustainable system-based building solutions because we recognize that climate volatility, escalating insurance costs, and evolving building codes are reshaping homeowner and home builder expectations around product durability and performance. Resilient roofing systems are no longer optional. There are a necessity in regions prone to hurricanes, hail, wildfires, and severe storms like Colorado. We wish, thanks, Senator Mullica, for recognizing the importance of ensuring Colorado families have access to resilient roofing systems through his work on SB 155 and his receptiveness on ways to strengthen this legislation. With CertainTeed's history in developing independent third-party tested resilient roofing solutions, solutions which meet or exceed high wind, high impact, and wildfire standards, We ask that any standards that may be incorporated as this legislation works its way through the process are those developed by recognized standard developing organizations, such as the International Code Council, ASTM, and UL. These referenced consensus standards define accepted methods for testing materials, components, and systems, and help to ensure that what consumers purchase will perform as claimed. If, for example, a class four impact rating comes from a UL test standard designed to evaluate how well a roofing material withstands impacts from hail or debris. Class four currently represents the highest level of performance in these tests. Thank you for offering the opportunity to provide comments on SB 155 and working towards ensuring Colorado families have the ability to make sure their homes are resilient for the climate challenges we're facing today and adaptable for those challenges that will be with us tomorrow. So happy to answer any questions the committee may have as well. Thank you. Do we have questions for this panel? Oh, Senator Kolker. Thank you. Thank you, Madam Chair. Just a question. Since you're all representing insurance, right? Am I correct? The argument has been made to oppose this bill that there's a fee tied to this, that the fee is hidden, the fee is, you know, going into the insurance company. The reason I opposed the bill last year was because the fee was specifically to the policy owner. I mean, how do we account for that? What's your argument to say that the insurance companies are going to take this? Who would like to take that? Mr. Japlan. By the way, nice tie. Senator, they told me this was a one-of-a-kind. Thank you, Madam Chair. Senator Coker, thank you for the question. As Senator Kamalek has stated, it's directly written in. the bill, that we cannot pass these costs through rates to our consumers, much different than last year where there was in the bill a pass-through to the consumers for the cost. So it's not just we can't do it because the statute won't allow us to do it. It just becomes a normal expense. And as you know, rates are determined by losses, frequency, things of that nature. And if you look at what's happened in Alabama, being able to get these kind of roofs and help insurers get these kind of roofs on drive down the severity and the frequency of these hail claims and these roof claims. And they've had great success with the program in Alabama. So I'm confident we'll have great success with the program in Colorado. Do you have a follow-up, Senator Kolker? Oh, Mr. Furman. Thank you, Madam Chair. I think along the lines that Mr. Giblan just mentioned, right, the big difference between this bill and last year's bill is that this bill specifically states that the fee cannot be passed along as a surcharge to the policyholder. But along the lines that Mr. Giblan stated, insurance rates are primarily driven by losses, right? That's the one thing that I don't think we want to lose sight of. And here in Colorado, hail damage is the largest single driver of homeowners insurance costs. This bill and the program that is being set up and the reliance on scientifically based standards for incentivizing homeowners to install these hail resistant roofs, right, The bill is designed to reduce these losses over time by making homes more resilient before any damage occurs. So hopefully the goal is based, especially based on what we've seen in other states like Alabama, that rates will ultimately be reflected because we're seeing these lower frequency of losses attributable to hail damage, which obviously is the number one factor in why homeowners insurance premiums keep going up annually. Thank you for the questions for this panel. Okay, thank you so much. We really appreciate you waiting all day to testify with us. And our next panel is Brian Powell, Jordan Hadler, Elise Shupak, and Jerry Curry. And I believe all of those witnesses are remote. So while we're bringing them up, we will start with Brian Powell. Please proceed. Thank you. Can you guys hear me now? We can hear you. Thank you. Thank you, Madam Chairman and members of the legislature. I'm Brian Powell. I am here to support this bill on behalf of the National Association of Insurance commissioners. My role at the NAIC is to directly support departments of insurance or divisions of insurance and commissioners and directors across the country when we start talking about the establishment of mitigation grant programs. Before joining the NAIC a couple of years ago, I was at the Department of Insurance in Alabama as a deputy commissioner and I also served as the the architect the person that implemented and managed the Strength Alabama Homes Program That the program that we keep referring to on this conversation for over a decade So the lessons that were learned there, I've taken to the NAIC, and I have worked with all mitigation programs that are associated with departments of insurance in the United States. These programs are popping up everywhere. We're starting to see a number of programs move into existence based on the Alabama model. We shortly after starting the Alabama model, we started seeing or developed the Alabama model. We started seeing these programs develop in other states, especially in the southeast where there was hurricane, high hurricane claims. But slowly but surely, these programs have evolved to addressing other insurance losses, such as hail, which was found in severe convective storms. These programs are really designed as a platform to protect consumers and help them find a way to save money on insurance and also to remain in their homes after the storms. which we see somewhere around a 30 percent benefit as far as premiums are concerned to consumers. And we're seeing about a reduction of losses somewhere in the neighborhood of about 70 percent after the storms. There is a significant economic, I'm sorry, economic impact with the roof upgrades by creating jobs and also an influx of revenue into the tax bases of jurisdictions into the state. And then also think about the environmental impacts that these programs prevent, such as waste and additional things that go to the landfill after the storms. So I encourage you to continue to support this bill. And thank you for this opportunity. Thank you, Mr. Please hold for questions. And Mr. Hadler, you're up next. Thank you. Good afternoon, Chair Kipp and members of the committee. My name is Jordan Hetler, and I'm the insurance policy specialist for Climate Cabinet Action. I'm speaking today in support of SB 155. The alarming rise in damages from severe convective storms was one of the most discussed topics at the National Association of Insurance Commissioners spring meeting several weeks ago. During the NAIC's meeting of its Climate and Resiliency Task Force, policymakers heard a presentation from Aon, which noted that 2025 was the first year where losses from severe convective storms exceeded losses from hurricanes. Colorado's insurance market is hugely exposed to this trend. A recent report on severe convective storm risk found that nearly 1.5 million homes in Colorado are facing moderate or greater hail damage risk. SB 155 creates a program similar to those that have shown results in several other states. The most well-known of these state mitigation programs is Alabama's. Last year, Alabama's insurance commissioner released data confirming that fortified roofs perform better when a hurricane hit the Gulf Coast in 2020. SB 155 state enterprise program would reportedly support $20 million in annual spending for roof fortification, exceeding the spending by Alabama's nation leading program by several million dollars each year. SB 155 also builds off reforms that the legislature has already made. Last year, Colorado became the first state to factor hazard mitigation into insurance modeling through HB 1182. Colorado county governments were strong advocates for HB 1182 because they have been critical partners in supporting hazard mitigation The structure of the enterprise program governance reflects this partnership by including a representative from county governments on the board Thus SB 155 is the latest example of Colorado taking a smart approach to ensure that state and local governments are working together to integrate policy surrounding land use, building codes, climate resilience, and insurance regulation. Please support SB 155. Thank you. I'd be happy to take your questions. Thank you. Please hold for questions. Next up we have Ms. Shupak. Good afternoon. My name is Elise Shupak and I'm a policy advocate with Public Citizen, a nonprofit consumer advocacy organization working to advance the public interest in government with over 29,000 members and supporters in Colorado. I'm testifying in support of SB 155 to create the the strengthened Colorado homes enterprise. Escalating climate disasters, including wildfires and severe convective storms, are driving up insurance costs and reducing insurance availability in Colorado. Between 2021 and 2024, property insurance costs in the state increased by 27%, outpacing inflation by 14%. In some geographies, standard insurance is entirely unavailable due to insurer retreat from climate-vulnerable areas. Rising property insurance is creating financial strain for many homeowners. Research published by the Federal Reserve Bank of Dallas found that rising property insurance costs are driving up household indebtedness as well as mortgage and credit card delinquencies. Continued rate increases and retreat will not support viable property insurance markets over the long term. Insurance companies instead should invest in building climate resilience that will reduce losses in the event of a disaster and keep properties insurable. The rise of severe convective storms in Colorado, with an estimated 1.5 million homes in the state at risk of hail damage heightens the need and urgency of widespread roof fortification. The Division of Insurance finds that hail risk is responsible for 26 to 54 percent of Colorado's homeowners insurance premiums and hail mitigation has the potential to save consumers over $300 a year. Fortified roof upgrades have a proven track record of success across parallels including high wind and hail. A study of insurance claims and payments in Alabama following Hurricane Sally in 2020 found that homes with fortified roofs had at least 55% lower claim frequency and 15% lower claim severity than homes with standard roofs. The Strength in Colorado Homes Grant program will be particularly valuable to low and moderate income homeowners who do not have the ability to make upfront investments in climate resilience, but would benefit most from reductions in climate damages and costs over the long term. Public Citizen urges the committee to support SB 155. Thank you for your time and attention to this issue. Thank you very much. And then we have Ms. Curry. You are up next. You need to unmute Ms. Curry, I believe. I do. Now we can hear you. There you go. Good afternoon, Madam Chair and members of the committee. Thank you for your time today. I'm Jerry Curry and I'm here on behalf of United Policyholders in strong support of this bill. I'm also the Executive Director of Marshall Rock, the Marshall Fire Long-Term Recovery Group, and I have seen firsthand the destruction extreme weather inflicts. We greatly appreciate the sponsors and Commissioner Conway's initiative in bringing this measure forward and certainly their efforts in consensus building. Colorado has some of the highest hail losses in the country. Helping Coloradans fortify their homes against hail and wind is critical to preventing damage and preserving affordable insurance This bill is also a fiscally responsible solution to address the challenge of rising costs and decreasing availability of property insurance facing Colorado homeowners The Strength in Colorado Homes Enterprise creates an insurer funded program that they are supportive of, I hear, designed to invest in risk reduction before disasters happen and will generate sustainable funding to provide the much needed grants to insured homeowners to protect their property. These grants are not handouts. They are strategic investments in the stability of Colorado's tax base and insurance market. This bill aligns incentives by investing in home hardening and resilient construction that will reduce losses and restore stability to insurance markets. By prioritizing mitigation, it shifts the system from reacting to disasters to preventing their worst impacts. Resilient roofs are not cosmetic improvements. They are proven measures that reduce damage, shorten the disaster recovery time and time out of the home, and protect families. Homeowners currently bear the brunt of escalating risk through higher premiums, deductibles, and coverage limitations, and this bill addresses risk at its source. Crucially, the bill also directs the state to analyze insurance risk in high-risk wildfire areas, and whether mitigation programs can reduce losses and strengthen insurance availability and coverage. Homeowners in these areas, particularly in the foothills and mountains and my hometown, Boulder, face severe premium hikes, non-renewals and challenges in finding coverage. United Policyholders has been supporting Colorado households and communities for over two decades. Through our Roadmap to Preparedness program, we help homeowners understand how investing in resilience helps to maintain insurability. And we know grant programs and insurance rewards are critical to achieving this objective at scale. And we strongly support this measure. We respectfully urge your support, too. Thank you for your time and consideration, and I'm happy to take questions. Thank you. Members, we have questions for this panel. Okay, seeing none, I guess you've answered all of our questions. Thanks for staying so late to testify with us. We do appreciate it. And next up, we will call up our next panel, which is also all remote. We have Jeffrey Woodruff, Jody Shattuck-McNally, Matt Schur, and Jody Hartman-Ball. Mr. Woodruff, since you are up already, why don't we just go ahead and start with you. Good afternoon, Chair Kipp and committee members. I'm Pickton County Commissioner Jeffrey Woodruff. I previously served for two years on the Colorado Wildfire Resiliency Code Board as a licensed architect appointed by the Department of Public Safety. I'm speaking today on behalf of Pitkin County and Colorado Communities for Climate Action in strong support of Senate Bill 155. Pitkin County is also a proud member of counties and commissioners acting together who is also in support. As the bill sponsors outlined, insurance rates are rising rapidly and hail risk is driving premium increases statewide. As already heard in testimony, 26 to 54% of the premium increases statewide is from hail, which means even that in watersheds like the Roaring Fork Valley, my constituents are still paying higher premiums, even when the mapped hail threat, as defined by FEMA, is very low. This problem needs a statewide solution, and Senate Bill 155 is an excellent first start. The Wildfire Resiliency Code Board was limited. We could only require wildfire resilient roofs. This bill takes a much needed step because we know installing hail fortified roofs will result in reduced premiums. We support establishing an enterprise that will provide homeowners with funding to install resilient roofs, and we appreciate that the funding comes from a fee on insurance providers, not policyholders who are also bearing the brunt of increased premiums. Brunt, sorry. Last year, we supported HB 25-1302, which addressed both hail and wildfire risks. We know we have to prioritize, especially in this fiscal environment, and we appreciate that this bill will fund a study to further assess wildfire and reinsurance risk, and we appreciate that the bill requires insurance companies to report back on how these savings are being passed on to consumers' accountability. Just as important, the amendment before you commits to sharing the results with the legislature. And as your partners, we commit to working with you to ensure that the study leads to meaningful solutions for our Valley and the state of Colorado. Thank you for your time today, and I ask for your support on the amendment and the bill before you. Thank you. Please hold for questions. Commissioner Shattuck McNally. Good afternoon or good evening, Madam Chair and honorable members of the committee. My name is Jody Shadi-McNally, and I'm chair of the Board of County Commissioners for Larimer County. I'm here testifying on behalf of CCAT and as a proud member of CC4CA. Today, the Larimer County Board of County Commissioners is moving into strong support of Senate Bill 26155. I'd like to begin by thanking the bill's sponsors as well as the Colorado Division of Insurance for their leadership and collaboration and bringing this forward, bringing forward a thoughtful, data-driven approach to one of the most pressing issues facing our communities, the availability and affordability of homeowners insurance. And special shout out to Commissioner Conway. In Larimer County, we are on the front lines of climate-driven disasters. From the Cameron Peak Fire, the largest fire welfare in Colorado history, and to repeated hailstorms, flooding, and our communities have experienced firsthand the increasing severity and frequency of extreme weather. In response, we have made significant investments in mitigation, expanding forest health and fuels reduction programs, supporting defensible space initiatives, strengthening building codes, and working closely with homeowners to reduce risk before disaster strikes. That's why the Strengthen Colorado Homes Grant program is a critical tool by helping homeowners install resilient, hail resistant roofs and this bill directly supports the kind of proactive mitigation that at work that counties like mine are already prioritizing hardening roofs also help help stabilize the insurance market by lowering claims and risk exposure and for our residents that can translate into meaningful premium savings just as importantly as continually continued access to coverage. At the same time, while for risk in areas like Larimer County, we know mitigation alone is not enough for growing insurance risk. That's why the study component of this bill is so essential and we need a deeper understanding of how this design will work. And I want to just say, this bill strikes the right balance and for near-term solutions and invest in proven home Harding and other groundwork long-term policy innovations. On behalf of CCAT, Larimer County, and CC4CA, I urge a strong vote for support of Senate Bill 155. Thank you. Thank you. Please hold for questions. Commissioner Matt Scher. Thank you again, Madam Chair. Hello again and members of the committee. I remain Eagle County Commissioner Matt Scher. Here this time on behalf of Eagle County and Commissioners and Counties Acting Together or CCAT to express our strong support for Senate Bill 155 This bill reflects both urgency and pragmatism in addressing Colorado insurance challenges In Eagle County we see a growing disconnect between the steps our communities are taking to reduce risk and the insurance market's ability to respond. We've invested heavily in landscape-scale forest management, supported firewise communities, and worked to integrate resilience into our land use planning and building practices. These efforts are not theoretical. They are real, on-the-ground actions to reduce risk and protect lives and property. Senate Bill 155 recognizes that individual homeowners also need tools to participate in that resilience. The Strength in Colorado Homes program empowers residents to take meaningful action, especially through roof hardening, which we know can significantly reduce losses from the hail events that are the true cause of all our rate increases across the state. When those losses go down, it helps stabilize the broader insurance market. That's a win not just for individual homeowners, but for entire communities trying to maintain economic stability in the face of increasing climate pressures. I also appreciate that this bill acknowledges a harder truth. In high-risk wildfire areas, we cannot mitigate our way out of the insurance availability crisis entirely. Great numbers of Eagle County residents are doing everything right, creating defensible space and investing in mitigation, yet still face limited or unaffordable coverage options. The study component of this bill is essential to better understand how to address those gaps, including what role reinsurance or other market interventions might play in ensuring continued access to coverage. So I appreciate you hearing me yet again today and respectfully urge your support for Senate Bill 155. Thank you. Please hold for questions. And next up, we have Commissioner Jody Hartman-Ball.
Hi, good evening, chair members of the committee. My name is Jody Hartman-Ball, and I'm a commissioner from Clear Creek County here today on behalf of CCAT and CC4CA in strong support of Senate Bill 26-155. I want to start by thanking the sponsors as well as the Colorado Division of Insurance for their collaboration and commitment to tackling the growing challenges in our homeowners insurance market. In Clear Creek County, we are seeing a higher wildfire risk profile and increasing exposure to severe weather. Our residents are already feeling the strain of rising premiums, policy non-renewals, and some cases the inability to secure coverage at all. I've heard of residents that harden their homes and still losing their insurance due to fire risk because of their roof after having their insurance company for over 30 years. At the same time, our county has been deeply engaged in mitigation efforts, investing in forest thinning, supporting community wildfire protection plans, promoting defensible space, and working with homeowners to reduce structural vulnerabilities. That's why the Strengthen Colorado Homes Program is such an important step forward. Providing grants for resilient, hail-resistant roofing directly complements the work we are doing locally. Roof hardening is one of the most effective ways to reduce damage from hail. It helps decrease overall claims, which ultimately benefits both homeowners and insurance. For rural and mountain communities like ours, these kinds of investments can be a real difference in keeping insurance available and within reach. However, we also know that a wildfire-prone area like Clear Creek, the challenges go beyond what individual mitigation actions can solve. Even as homeowners do the right thing, they are not always seeing corresponding improvements in affordability or access to coverage. That is why the wildfire study included in this bill is so critical. We need thoughtful data recommendations on how to structure solutions for high areas whether through reinsurance strategies high pools or other tools that our residents are not left behind On behalf of CCAT and CC4CA I respectfully urge you to support Senate Bill 26 Thank you for your time and your consideration.
Thank you. Members, do we have questions for this panel? Senator Marchman.
Thank you. And this is just for any of the commissioners, but I do have a preference. I see my commissioner up there. So I am curious, in Larimer County and in Loveland, where I live, and in other municipalities and counties, there is a mandate for these Class 4 roofs. And as I'm looking at the bill, it looks like it prioritizes whether an applicant lives in a location that has extreme weather events, the age of the roof, the size of the home, the number of applicants, etc. I'm curious if you would support or be concerned about some sort of a consideration of whether the applicant is in an area where it is legally required for them to comply as a part of this grant decision.
Thank you. Who would like to weigh in on this? Commissioner Shattuck-McNally, I'll call on you.
Thank you. You know, I think always we don't know the unintended consequences, but I believe some of the folks that live in these areas, they may not understand the benefits of this requirement to get these roofs and that in the long term, I believe that their insurance rates and be able to have access to coverage would really benefit them in the long run. I know the previous bill was talking about some tax incentives and tax credits, but I do think it's something that we should really take a hard and strong look at. But I do think if we have not everyone in all these areas complying or doing the same work, just like with the WUI codes, it really leads to a patchwork of coverage and issues. And I think that's something that in the long run we should be considering the impacts of that because it is something that maybe we need everyone in together for creating those insurance rates in that pool to lower the risk for all. And I'm not sure if I know all of the details and data on this, but I'm sure it's something that, as the bill moves forward and I'm sure the data and the study would look at, I think this will be really important to maybe have something looking that more in depth as well.
Does that answer your question, Senator Marchman?
Yes.
Okay, thank you very much. Okay, I do have any further questions for this panel. seeing none thank you so much for hanging out all day to testify with us we really appreciate it sorry oh okay let us continue with our next panel our next panel is Allison James Craig Williams Ian Anderson Jocelyn Fankhauser and Ken Watkins and I will say that we did have but Kinsey Hasted signed up to testify, but I believe that she is traveling and it says she may submit testimony written testimony so I would check your box But with that bring up any or all of those folks And we will start with Allison James. Please unmute yourself, and you have two minutes.
Good afternoon, Madam Chair and members of the committee. I serve as the disaster preparedness and recovery manager for the town of Superior, Colorado. I am testifying in support of SB 155. Over four years after the Marshall Fire in our community, the lesson from Superior is clear. Recovery is not just about rebuilding homes. It is about maintaining the systems that make resiliency and rebuilding possible. As we look ahead, there's an urgent need to ensure that insurance remain affordable and available and that mitigation is completed. We need to address the growing coverage gaps and rising costs, and we need to support policies that stabilize the insurance market in high-risk areas. I'm especially interested that the study content goes forward in the fire part of this bill, ensuring that momentum continues to go forward. And the lesson here for us is that without accessible insurance, even the strongest communities struggle to recover from disasters. Superiors progress shows what is possible post disaster, but sustaining the project process and ensuring other communities can achieve the same thing in disaster recovery depends on how we address insurance moving forward and the policy development related to this challenge. Thank you and I'm happy to answer questions.
Thank you. Please hold for questions. Next up, Craig Williams, you have two minutes. Just need to unmute yourself there.
That's right.
There you go.
Thank you very much.
All right.
Good afternoon, Madam Chairman and the Finance Committee. My name is Craig Williams, and I'm a retired engineer from Estes Park and president of the River Rock Homeowners Association. Association. My experience with homeowners insurance over the past few years has included being dropped by our carrier, followed by a search for new insurance, only to be offered insurance at much higher rates. So I've had direct experience with all this, and the premiums that we were offered were as much as four times what we were originally paying. We are a relatively small HOA. We have 16 units in eight duplex units or eight duplex buildings built in 1997. Our insurance rate before being dropped was roughly $23,000 a year. And we had offers as high as $90,000 a year to replace that $23,000. We finally settled with a carrier that was offering us $54,000 a year. And that was the lowest offer, believe it or not. I personally spent eight weeks talking first to local Larimer County carriers, which was expanded to any agent in the front range that would talk to me. And I was, that would talk to me. I was told by some that you would not find insurance. Even one laughed at me and said, good luck. I was told that even if I could find coverage, I should accept any premium offer because you were probably only going to get one offer. I was quoted that no matter how high the price is, go for that coverage. Once we finally found the new insurance carrier at roughly two and a half times our previous premium, our premiums were increased by 50 to 60 percent per year after finding that carrier. And he was still the lowest offer at the time. So this was a severe problem. Starting a year before the insurance crisis, our HOA started a fire mitigation program. We knew this was going to be important, but we didn't have insurance as our first concern about that. We did in conjunction with the Larimer County Emergency Management and Essis Park Fire Department, our HOA membership and working hard to remove junipers and everything. You're doing the heavy hard work. and I was there to make sure that pictures were being taken all the time of our membership working.
Can you please wrap up your testimony?
Sure, right, okay. I also have to say that we also had another program replacing our aging roofs. We did automatically the class four roofs and so on. In the spring of 2025, I asked the insurance carrier, what are the drivers to all this?
Sir, you're an entire minute over. Would you mind wrapping up, please?
Sure. Okay. Yes. Anyway, I wrote a report that our insurance carrier reduced our premiums 30% with those two reports. They were engineering reports.
Okay. Thank you very much. We appreciate your testimony. Ms. Casey Fox is up next. Thank you.
Good evening and thank you, Madam Chair and Distinguished Finance Committee. My name is Casey Fox and I serve as a chairperson of the Colorado Voluntary Organizations Active in Disaster, referred to as Colorado VOAD. The Colorado VOAD Network represents a statewide coalition of over 40 voluntary, faith-based, nonprofit and community organizations dedicated to working together to serve Coloradans before, during and after disasters. On behalf of this expansive support system and network, I'm here to express our unwavering support for SB 26155. From learning from long-term recovery efforts preceding disasters such as the 2013 Boulder floods to unprecedented devastations such as Marshall Fire, our network has been a constant presence and support. We've stood alongside families in Yuma and Weld counties as they navigated heartbreak of repeated floods and health damage, the recent flooding impacting communities in southwest Colorado this past fall, and have responded to countless wildfires that have and will continue to impact communities across the Front Range and Western Slope. These experiences have taught one definitive lesson. Waiting for a disaster to strike before addressing structural vulnerability is a strategy of diminishing returns. This bill transitions our state from a reactive posture to a proactive one It provides the necessary grants to help homeowners harden their homes against the very elements that have historically devastated our communities We seen how rising risks have made homeowners insurance both scarce and prohibitively expensive by incentivizing mitigation This helps stabilize the market and ensure that insurers pass savings directly to policyholders. The program's focus on income-qualified applicants and those in extreme weather-prone areas ensure that resilience is not a privilege but a standard accessible to all Coloradans. We must provide communities with the physical tools and supports to protect their homes. SB 26155 is a vital investment in our state's future. I strongly encourage you to support this bill and move it forward for the safety and stability of all Coloradan communities prior to the next disaster. Thank you.
Thank you. Please hold for questions. Jocelyn Finkhouse.
Hi. Thank you. Good afternoon or evening, Madam Chair and committee members. I'm here today as a resident of Lyons, supporting House Bill 155. As a Lyons resident, I was impacted by the 2013 flood. I also in 2012 and 2013 was impacted by hail damage to my own roof in Lyons and after paying out of pocket for my own upgrade to hail resistant shingles that my insurance company would not pay for I had to file another claim the following year that caused my insurance company to drop me had to go out onto the open market and pay, like many have spoken here, nearly double for the policy. Since then, I have seen my policy increase almost fourfold, up to nearly $7,000 a year now, and I'm grateful that I can actually get insurance considering I live in the WUI. I have also seen, because I'm an emergency manager here in Boulder County, I have seen firsthand the impact of insurance and hail damage along with the flood, the Marshall Fire, the Calwood Fire, and the 2013 flood. I've seen the human impact from the human services perspective where I've worked for 30 years on all of the low-income and vulnerable people that have been impacted by not being able to insure themselves for as much as they need to, so they were underinsured and not understanding that they were underinsured and they are the most vulnerable in our community. I support this bill because I think that it will help reach the people that need it most and help bridge that gap along with others within the state that will be that are always helping people when they have a disaster. So I'm happy to answer any questions and I have a vast experience in working with homeowners
through this process. Thank you. Please hold for questions. And next up, we have Mr. Watkins again.
Welcome back, Mr. Watkins. Thank you, Madam Chair Kipp. I appreciate you and the committee's time and listening to me three times today. Again, my name is Ken Watkins. I serve as the Executive Director of the Colorado State Fire Chiefs, representing the leadership of more than 300 fire departments and districts across Colorado. I'm testifying today to recommend and the committee support SB 26155. We realize, of course, that the focus of this bill is to provide grants to homeowners to make homes more hail resistant. And ironically, I'm testifying to you from Mesa County where we had I think three hailstorms today luckily small hails But our focus on this is the inclusion of the study regarding insurance risk and the availability in high wildfire areas is important for fire agencies across the state. Upon completion of the study, the Colorado State Fire Chief stands ready with you and the state, our members and insurers, in reviewing the findings and proposing steps to reduce wildfire risk and continue insurance for our citizens. We appreciate the Senator Mullica and Commissioner Conway for reaching out to the Colorado State Fire Chiefs to discuss this bill and also want to thank Senators Marchman, Speaker McCluskey, and Representative Brown for assistance with this bill. I appreciate your support of Senate Bill 26-155 and thank you for your time
available for your questions. Thank you very much. Members, do we have questions for this panel? Looks like you guys were very thorough and covered it all. Thank you so much. We really appreciate you staying in line to testify with us this late. Okay, we have one more witness, and that is Michael Conway from DOI himself. So come on up, Mr. Conway. Okay. Please proceed.
Thank you, committee and Madam Chair, for the opportunity to justify today. My name is Michael Conway. I'm the commissioner of insurance for the state. I'm here to testify in strong support of Senate Bill 155, and I want to start by thanking Senator Marchman and Senator Mollica for bringing the bill today. As you all have seen in the press, and as I'm sure you've heard from your constituents, Coloradans are struggling with the rising cost of homeowners insurance coverage, which brings us to this bill before you today. The bill offers a balanced, proactive solution to address affordability of homeowners insurance coverage. The Strength in Colorado Homes enterprise will help make insurance more affordable by helping homeowners harden their homes against the most expensive peril that hits Colorado, hail. While Wildfire gets a ton of attention, insurers pay more for hail damage than in any other peril in Colorado. As a result, hail has the largest impact on homeowners insurance premium, accounting for a quarter to more than half of premium costs for most Coloradans, regardless of whether they live in the hail-prone areas. That is why this bill takes that risk on. By providing grants to help people fortify their roofs against hail, we will create long-term savings for homeowners by helping them qualify for insurance discounts, leading to substantial savings for Coloradans. In addition to the discounts that people will be eligible for because of the program, the hail-fortified roofs funded by the program will reduce the claims insurers pay. That will improve insurers' bottom line and insurance affordability statewide as insurers pay fewer claims in the areas hit hardest by hail. But the bill is not just about hail. Wildfire is also a challenge in areas of the state, and we want to find long-term solutions for the affordability and availability challenges that wildfire causes. We remain committed to addressing this challenge, and this bill helps us do that. The Division will perform a study on how to develop a high-risk program that will focus on finding solutions for the pockets of the state that are most impacted by wildfire with the goal of making insurance coverage more affordable and available in those areas. There is no silver bullet to fix the challenges in our homeowners insurance market, but this bill will be the cornerstone to addressing our affordability and availability challenges. Please vote yes on this very important bill, and I'd be happy to answer any questions.
Thank you. Do we have questions for Commissioner Conway? Okay. Apparently you have also answered everybody's questions. Thank you so much. And I would just invite anybody else in the room who has not yet testified to come up now because those empty seats are yours if you want them going once going twice three times and we will bring up our sponsors back for the amendment phase Senator Mullica.
Thank you, Madam Chair. Members, an amendment packet should have been passed out to you. We're going to move all of those amendments, talk to you about them. And so with that, I move Amendment L1.
Thank you. Tell us about L1.
Thank you, Madam Chair. All these amendments are from the stakeholding that we've done with the insurance industry to try to address, make sure that we get language right. Amendment 1 adds a reference to the Colorado Statistical Report, and the carriers must be admitted authorized in the state. What this does is it clarifies which insurers are subject to the fee slash bill, those that offer multi-parallel homeowners insurance policies, and we just want to make sure that that's clear. That's what the insurers wanted. They wanted to make sure it was clear. I would ask for a yes vote.
Okay. Is there any questions or concerns about L-001? Seeing none, is there any objection to L-001? Seeing none, L-001 is adopted.
Senator Mullica. Thank you, Madam Chair. I move amendment L-002.
Tell us about L-002.
Thank you, Madam Chair. This is more on the board language. The board members, it makes a change to the last board member position. In the introduced version, it's a member with expertise in homeowners insurance or home mitigation. You can see the changes there. What this does is adds the need for technical expertise in insurance coverage and or home hardening rather than mitigation more generally. Again, came from a stakeholder with the insurance industry. Ask for a yes vote.
Thank you. Any questions or concerns about L-002? Any objection to L-002? Seeing none, L-002 is adopted.
Thank you. Senator Mullica. Thank you, Madam Chair. I move amendment L-003.
Tell us about L-003.
Thank you, Madam Chair. amendment L003 removes the ability to collect a fine for violations of part 20, clarifies the scope of the data the board can seek and requires the data request be coordinated through the DOI. What this does is actually removes concern from the carriers about finding authority with the board and ensures data requests are targeted and coordinated with the DOI rather than just the board. Would ask for a yes vote.
Okay, thank you. Is there any questions or concerns about L003? Any objection to L003? Seeing none, L003 is adopted.
Senator Marchman. Thank you, Madam Chair. I move L004. Thank you.
Tell us about L004.
So what this does is it just creates some consistent language regarding resilient roofs. It takes away the tie to a single system standard, and this was brought forth as a part of conversations with insurers. So I'd ask for an aye vote.
Thank you. any questions or concerns about L-004? Any objection to L-004? Seeing none, L-004 is adopted.
Senator Marchman. I move L-005.
Tell us about L-005.
L-005, just make sure that this does not, this part of the bill does not just get shelved. It's going to be public. It's going to be useful. We're going to have it go to committees of reference. And I would just say this is really important to folks who are in the WUI and are not necessarily going to be getting more than the study out of this. We want to make sure we can use this study. I urge an aye vote.
Thank you. Any questions or concerns about L005?
I have one question. Is this going to drive us?
note, study, I mean, you know. Say it again, I'm sorry. Is the study going to drive a fiscal note?
Well, the study is still going to be there. It's still the study. This is just saying you have to share it. You have to send it to the great. Madam Chair.
Yes. Yeah, it's basically just saying that it's going to be placed on website. It's going to be shared appropriately, so it shouldn't drive a fiscal note. Perfect. Any objection to L-005? Seeing none, L-005 is adopted.
And Senator Marchman. Finally, L006. This is the annual filing to DOI with the specific data points. This is that accountability mechanism that puts into action the word demonstrate in our bill, demonstrating savings and pass-through to policyholders. So I would ask for an aye vote on L006. Thank you.
Are there any questions or concerns about L006? Is there any objection to L006? Seeing none, L006 is adopted. Do you have any further amendment sponsors? Members, do you have any amendments? Seeing none, L00, or no, the amendment phase is closed. L0012, I don't know. Okay, who would like to wrap up first?
Senator Marchman. Thank you so much committee Thank you to the coalition who has been working on this a lot harder than I have since I just came on this bill once it became introduced But the work that has been put in has resulted in a bill that I hope you can feel very comfortable voting for this year It's very important to all of our constituents that we get our insurance under control. I agree. It's a big part of our affordability issue in Colorado. So I'd urge an aye vote on the bill as amended.
Thank you. Senator Mullica.
Thank you, Madam Chair, and thank you again to Senator Marchman for getting on this bill. And really, again, I want to echo my thanks for the industry and everyone coming together, really, I think, to try to find a real solution. Specifically, I also want to call out my aide, Nadine, who has done a lot of work with our office on this bill. And I also want to call out, you know, Senator Snyder. I was a no vote on his bill last year, but I know, you know, Senator Snyder also cares about this issue as well. And, you know, credit to him, even if I struggled to support the legislation last year for getting conversations started as well, because I'm not sure if we would be in this position today without those conversations being started. And so I wanted to take this opportunity to recognize that and just really say, you know, I think through testimony it was very clear what this bill is doing and how important this bill is to the state of Colorado You didn hear any opposition to this bill and I think you heard from everyone from advocates to local elected officials to the insurance industry talking about the benefits that this bill is going to be and that it's going to achieve the goals that we all have which is to try to address homeowners insurance prices increasing in our state. I think we all heard about it and trying to make life more affordable for the people of Colorado. That's not a Republican issue. That's not a Democratic issue. That's a Colorado issue. And I think that's what this bill addresses, and I would ask for a yes vote. Thank you.
Members, do we have any comments before we vote? Senator
Snyder. Thank you, Madam Chair. And Senator Mullica, I think you stole my thunder. I was going to point out that we did have the bill last year. Didn't make it out of committee, but you learn from that, and you improve on it, and you've done that with this bill. You learned from last year, and that's why you had no opposition and a bill that I'm going to be voting yes for.
Thank you. Thank you. An appropriate motion, Senators, would be to the Committee on, sadly, again, appropriations.
Senator Marchman. Thank you, Madam Chair. I move Senate Bill 155 as amended to appropriations.
Thank you. Ms. Rudabish, will you please call the roll?
Senators Benavides. Yes Wright No Brazil Respectfully no Volcker Yes Mullica Yes Simpson. No. Snyder. Aye. Marchman. Aye. Madam Chair.
Yes. Congratulations. You're on the way to the Committee of Appropriations, and there's a six to three vote. Everybody, that concludes our business for the day. Thanks for hanging in there. For finance, it's a late committee. Have a wonderful night. Thank you. Thank you.