March 19, 2026 · Finance · 14,127 words · 16 speakers · 177 segments
The committee will come to order. Please call the roll. Representatives Barone.
Excuse.
Present. My apologies, Ray. Brooks.
Present.
Camacho.
Here.
Garcia.
Here.
Gonzalez.
Excuse.
Hartsook.
Here.
Marshall.
Here.
Stewart.
Here.
It's okay.
Here.
Mr. Chair.
Here.
All right, folks. You might have heard me announce at the well that we have three bills. Witness testimony will be limited to two minutes. Panels with six minutes of questions given the late hour. Appreciate everyone's patience. First bill up is 1251. I will hand the gavel to Madam Vice Chair. All right. Who would like to get started?
Joseph. Thank you, Madam Chair. Thank you, members of the committee. House Bill 26-1251 is a simple, voluntary way to expand access to justice in Colorado. This bill creates an equal justice license plate, giving Coloradans the option to support civil legal aid through a donation when they register their vehicle. We know that too many people in our state, especially low-income individuals, are navigating serious legal challenges without representation. That includes survivors of domestic violence, veterans trying to access benefits they've earned, and families at risk of losing their housing. When people can't afford legal aid, their rights often exist only on paper. This bill provided practical solution by opting into this license plate. Coloradans can contribute directly to the Equal Justice Authority, which already distributes funds to trusted civil legal aid providers across the state. It is funded through donations, and the plate will only be created once startup costs are fully covered. We also have a letter for gifts, grants, and donations. At its core, this bill is about fairness. It gives people a way to support legal access, support equal access to our legal system and helps ensure that justice in Colorado is not determined by income. I respectfully ask for your support. Thank you. And also, I wanted to just thank the Colorado Access to Justice Commission. And also, it is a delight to work with Chair Woodrow.
Chair Woodrow. Thank you, Madam Vice Chair. Thank you, committee. I'll be very brief. I've never run a license plate bill before. I swore I would never run a license plate bill. But when Rep. Joseph approached me about access to justice, on my swan song here, I said, yes, this is an excellent cause. You know how license plate bills work. we have a problem with access to justice for those without means in this state. This is a way to bridge the gap on funding. We would ask for an aye vote.
All right. Thank you very much. Any questions from the committee for bill sponsors? No? No one wants to know about the Common Large License Plate? No? I guess not. All right Very good We go on to the testimony phase We have one panel So whoever is still here thank you for your patience for sticking around We have Eliza Overall, Joel Minor, Nicole Ponzar remotely, Helen Starr remotely, Haley DiLorenzo remotely, and Steve Goldstein remotely. And while we're getting the remote folks up, we're going to start in person. Sir, would you tell us who you are? We will have two minutes for your testimony and we'll get you started.
Thank you so much, Madam Chair. My name is Joel Minor. I use he, him pronouns, and I serve as the Deputy Director for Advocacy at Colorado Legal Services, or CLS for short. I'm testifying in support of HB 26-1251 because the need for free lawyers to help low-income Coloradans, veterans, seniors, and domestic violence survivors has never been greater. But our work is facing several existential funding threats. CLS is Colorado's oldest and largest civil legal aid firm. We celebrated our 100th anniversary last year, our 90 attorneys provide free civil legal services from 12 offices that serve all 64 counties. An independent 2023 study found that there was a 619 percent social return on investment for every dollar invested in CLS. For many years, Colorado has lagged behind in state spending on civil legal aid. In 2024, you took a major step towards closing that funding gap by passing the bipartisan HB 24-1268 and creating the Equal Justice Authority, which is a TABOR-exempt special purpose authority that makes grants to legal aid organizations like CLS. HB 24-1268 made a difference, but the need for our work still far outpaces what we can provide. CLS opens about 10,000 cases a year, but we still turn away one case for every case we open. And in the wake of federal funding cuts, CLS and other legal aid organizations face enormous threats to our funding. That's why we've come together to propose HB 26-1251, which creates the Equal Justice License Plate. Revenue from the plate will fund CLS and other legal aid organizations. The revenue will go to the Equal Justice Authority, which is TABOR-exempt. The very small TABOR impact list in the fiscal note applies to all specialty license plates and is thus unavoidable. The bill only allows the Department of Revenue to create the license plate once there's enough funding from gifts, grants, and donations to pay all administrative costs. So there's no cost to the Department of Revenue for creating the plate. We realize the fiscal note shows about $62,000 in FY28 and FY29 expenditures, but our understanding is that those are plate production fees that are passed on to the people who purchase the plates and will not result in any net cost to the state. Thank you, and I urge you to vote yes on HB 26-1251.
Thank you, Mr. Minor. So, overall.
Good evening, Madam Chair, members of the committee. My name is Elisa Overall. I use she, her pronouns, and I am the director of the Colorado Access to Justice Commission. I appreciate the chance to share why I believe so much in House Bill 1251. Every day, our commission focuses on closing the justice gap. That is the real divide between people's civil legal issues and the resources available to help them. We also help administer the Equal Justice Authority, the fund this bill would support, and we're so proud of the impact it makes. So I'm here not just as a supporter of the bill, but as someone who sees firsthand what the dollars mean for the people and communities across Colorado. But today I want to make the case that funding legal aid is not just the right thing to do it is the smart thing to do When someone loses their house because they couldn navigate an eviction alone it costs the state money in emergency shelters Medicaid and social services When a survivor of domestic violence can't access legal help to get a protection order or sort out custody, those consequences can ripple for a lifetime, including costs to the juvenile system and our criminal justice system. legal aid solves problems early before they grow into bigger or more costly issues down the road every dollar invested in civil legal aid returns many times the amount in avoided public costs and when people have help in court even in simple cases the process is much faster and easier for everyone easing the load on our already stretched judicial system I respectfully ask for your support and I'm happy to answer any questions.
All right. Thank you very much. Hold for questions. It looks like we have Ms. Starr online. Ms. Starr, you have two minutes. Tell us if you represent anyone else other than yourself. And we do not hear you. I think you are on mute.
I'm sorry. I apologize. My name is Ellen Starr, and I am representing myself, and I was a former client of Colorado Legal Services. And I am speaking in support of House Bill 26-1251 to create a special license plate and raise money for legal aid. We have many organizations in Colorado that have license plates, and I think this one for legal aid is a necessity. As was mentioned previously about funds for many people like myself who are senior citizens or who have been through some form or another of a need where they need legal help, these license plates will help. For example, let's say you're driving down the road and you see the bumblebee one, and you're wondering why you see a flower. Well, imagine driving down the one and seeing the one with the justice symbol. It will be an impact, and such an impact is needed right now. This bill is about people who are seeking and asking for help. Attorneys at Colorado Legal Services, they support veterans who are at risk of losing their home. They support seniors like myself who are at risk of losing their home due to the economy. And then they support domestic violence. And domestic violence is not limited to mom and dad. It's about the children. And there are many people like myself who are seniors, and we do slip through the crack. And so do the children. But CLS helps them with their public benefits. They help us fight scams. They help with other needs. They help with health or guidance to the right different people that can help them. I myself had a personal experience with CLS before they started helping me. I was worrying constantly. Sorry. And I was overwhelmed by the system. I was facing legal battle and it not easy to fight Thank you CLS for being here Thank you very much Ms Dard
Thank you for your testimony. Appreciate it. Members, do you have any questions for the witnesses we have today? I'm not seeing any. Thank you all for being here. We really appreciate it. Is there anyone else who we have not called, who have not signed up, who would like to testify on House Bill 1251? Please come on down. All right. I'm not seeing anybody else. The witness testimony phase will be closed. Sponsors, please come back up. Sponsors, do we have any amendments? No amendments. All right. committee any amendments
no
I don't see any amendments the amendment phase closed wrap up Rep Joseph
thank you Madam Chair I just want to take this opportunity to say thank you to all those who testify on this bill to the legal Colorado legal services and also we're doing this bill because justice matters regardless of income and Miss Helen as you've heard her pleas for this particular bill. She's the reason why we're doing this bill and we ask for a yes vote. Thank you.
Chair Woodrow. Thank you, Madam Vice Chair, and thank you, committee members. Thank you to everyone who testified and thank you to those who wanted to testify but couldn't because the hour is so late. I do understand that it's frustrating. This is an important bill to fund. Like you heard, legal services has to turn away one case for every case that they take. We need to do a better job, and this bill presents an opportunity to take a step in that direction. We ask for an aye vote.
All right. Thank you. Committee members, any final comments where we vote? Rep. Camacho.
I also recognize we're late in the day, but I do want to thank the sponsors for bringing this bill, and I share Rep. Woodrow's concern. I am also an attorney, and I see how money is a barrier to providing justice and we can do better. And I'm really glad you brought this bill. So thank you.
Rep. Marshall.
Thank you, Madam Chair. I forgot that our chair was not a previous member of the Finance Committee, so I've had a very strong policy against license plates for multiple reasons and don't vote for them. The Colorado State Patrol used to come in and oppose them consistently. We have more than 200-plus, But once they got their own license plate, then they stopped coming in and saying, this is a problem. The license plates are costing about $26 million against our Tabor cap now, too. And we make content decisions, which I think are totally inappropriate. We had the Chicano license plate that was denied three times. And then the political winds changed, and it was in here, and we got it out. And the same session, we had a Don't Tread on Me license plate, and that was denied. So picking and choosing the content of what's allowed as a state body onto what's supposed to be a state license plate for identification, for all those reasons, is a reason I will consistently vote against the license plates, no matter how worthy the cause may be. But thank you.
All right. Brett Brooks?
Sure. Thank you. I appreciate the comments from my colleague from Douglas County. I'm all for fundraising, private organizations. All for it. Forward march on all the private fundraising. I don't believe that it's our role to get into cause-related advocacy. I'll be in on it.
All right. Any further comments? Seeing none. Proper motion will route this to the Appropriations Committee. Rep. Woodrow.
Thank you, Madam Vice Chair. I move House Bill 26-1251 of the Committee on Appropriations with a favorable recommendation.
Second.
Oh, second by, I think it was Camacho. All right, please take the roll. Maybe because he was closer, maybe that's why. Representatives Perron.
No.
Brooks.
No.
Camacho.
Yes.
Garcia.
Yes.
Gonzalez.
Yes.
Artsuk.
No.
Marshall.
No.
Stewart.
Yes.
Zokai.
Yes.
Madam Chair. Yes. Yes. And that passes 7 to 4. You are on your way to appropriations. And we will take a very brief moment to bring the chair back up to finish the stuff that's got to be done here tonight. Take it two whole questions. Take it. I know, but I don't know. There you go. All right, next up, Bill 1274. Representatives Garcia and Lindsay. Who wants to kick us off? Representative Lindsay.
Thank you, Mr. Chair. Thank you, committee. Rep. Garcia and I are here to present House Bill 1274. It is a practical reform to strengthen the state's partnership with nonprofit service provider that builds on bipartisan legislation from 2021. It expands permissive legislative authority to advance up to 25% of a contract's value up front when state agencies determine it is appropriate. Right now, most nonprofit grantees awarded state grants must front program costs and wait for reimbursement from the state for expenses related to a grant contract. For smaller organizations, that can mean delaying services, taking on debt, or even declining state funding altogether. These challenges deter many nonprofits from pursuing state grants. We have heard stories of small nonprofits waiting months for reimbursement from the state requiring organizational leadership to sometimes take on personal financial risk in order to make cash flow. In 2021, HB 1247 was passed with bipartisan support. This bill granted CDPHE the ability to provide up to 25% of a contract as an upfront payment. Since then, there have been at least six grant programs that have offered advance payments to nonprofits applying for those state grants. Other departments currently have to navigate an uncertain and inconsistent waiver process through the state auditor's office in order to provide advance payments to nonprofits awarded state grants. And as far as we know, CPW and Oedit are the only ones that have grant programs that offer advance payment. This bill is an easy fix to expand the permission granted to CDPHE to provide up to 25 to all state agencies
Representative Garcia.
Thank you, Mr. Chair. Members, I just briefly want to say what the bill does and doesn't do. So this bill does not mandate 25% up front like I tried last year. a state agency to provide. What this says, it just gives permission. It says you can, if you want to, if the organization passes its muster, then yes, we can trust this organization with 25% up front. It applies only to nonprofit organizations that meet statutory criteria and provide written proof of nonprofit status. It limits the use of advanced funds expenses incurred in connection only with the contract, So there cannot be any use of misappropriated funds. And it maintains all existing reporting requirements and oversight provisions. This also preserves the existing waiver authority. And this also requires a state controller to provide a written explanation if a waiver request is denied. So the bill does not make, again, mandating advance payments. It does not eliminate the reimbursement model, so that still exists. It does not change auditing, reporting, or fiscal accountability requirements. It does not increase contract amounts or expand program eligibility, and it does not disturb agencies already providing advanced payments. Why does this matter? Because it improves service delivery. When organizations are able to use those upfront payments to start the service that they have been commissioned to do by the state, then they are meeting the needs and the directives from the state. It expands access to state funding. Small and community-rooted nonprofits often lack the large reserves or lines of credit. This bill ensures access to state grants is based on impact and capacity, not on cash flow. And it supports equity. Organizations serving historically underinvested communities are disproportionately harmed by reimbursement delays. Advanced payments help level the playing field. And it reduces administrative burden. When agencies and grantees aren't scrambling to manage delayed reimbursements, it reduces extensions, amendments, emergency processing. Colorado has already demonstrated that this model works through House Bill 21-1247. That legislation allowed CDPHE to provide up to 25% of grant funding in advance without a fiscal note or new infrastructure and has seen positive results. This bill similarly allows agencies to use existing systems in discretion. House Bill 26-12-74 strengthens accountability, supports nonprofit partners all across the state, and helps ensure that when the state funds a service, the service can begin immediately while not leaving nonprofits waiting for funds. This is a common sense reform that improves efficiency, equity, and service delivery within our existing infrastructure, and we urge a yes vote.
Questions for the bill sponsors. Representative Gonzalez.
Thank you, Mr. Chair. What specific mechanisms will be used to actively monitor and mitigate taxpayer risk if grantees underperform, fail, or are later found noncompliant?
Representative Garcia.
Thank you. Thank you for the really important question, Representative Gonzalez. is there's already currently within our structures of state grants a monthly reimbursement process that comes with a really arduous scope of work. So what ends up happening is with nonprofits, they have to report on their funds and use as it matches with the scope of work that was already approved within the contract as well as submit the expenses and all the receipts and all of the proof of expense So that way, if there is anything that doesn't look correct, then the state doesn't reimburse for it. There is also mechanisms in every contract that if a organization is found to not being compliant, there is opportunity for curing so they can actually, they can set up a plan like You have to get on track, or they can cancel the contract.
Representative Kamach.
Mr. Chair, may I just briefly dialogue? I do think it will be faster. Yep. Thank you for bringing the bill. I really do appreciate it. I just want to talk about the discretionary piece. So is there a checklist? Is there best practices for the discretionary decision whether or not to give the 25% up front? The reason why I'm asking is because I do see a potential to get into crosswise with a grantee who says you made an arbitrary and capricious decision. So I'm wondering, does this bill contemplate that? Can you say something to alleviate that concern?
I can.
So the bill does not actually lay out what those mechanisms are because the state already has a process that it can adopt through the waiver process. And so part of that is also when you are going through the process of procurement to even be granted a state grant, you have to show that you can already handle state funds at whatever level you're getting, that you have sound, solid financial practices. And then you go through the process of a justification of what exactly it means to get the grant funds. So because there's already these processes in place and every department has a process set up for if an organization wants to submit a waiver, we're not outlining a new process in this bill that they can use the current systems that already exist in the state.
Okay. Thank you. I guess I just – I credit your answer.
I still have just some small concern that we live in a world of finite resources, and if you're going to make a waiver decision for one person or one group because you can give 25% there, there will be a tradeoff, and I just would caution whoever's going to use this in the future to be really thoughtful about that. A tradeoff on what? If there's only so much money, then you can only give 25% up front to so many folks, and if there's lots of grantees that are asking for this and there has to be some structured process, I guess is what I'm getting at. I understand what you're saying, but the reality is our state is given, these aren't just grants across the board, and if we get more money, we can keep the grant going. These grants are only approved if the state has already allocated those funds. So the funds are already allocated. They are already earmarked. So if you are giving a 25% upfront grant, you're not saying hopefully we have enough because the state has already earmarked those funds for that X, Y, or G grant programs across the agencies. And maybe this isn't really a concern. I just, in our current budget environment, I know we frequently go through our programs and see what money is being used. So it's just a concern. But I appreciate your answer.
Any further comments or questions from the committee? Representative Gonzalez.
I just have to ask this one. How much of this bill could potentially benefit Colorado Statewide Parent Coalition? None of it, actually. None of this bill wouldn't help the Colorado Statewide Parent Coalition in any way.
Any further questions from the committee? All right seeing none we going to go to the witness testimony phase Given the late hour we are going to do slightly larger panels than we normally do If we can get Marco Dorado Sarah Dutcher Mark Lester Mackenzie Klein and Jack Murphy We can start on this end and work our way across. Hit the little, start with you. Do you want to go first?
Sure. Fair enough.
Hit the little button so it turns red. It turns green.
Yeah. Perfect.
It's late. Please state your name. Floor is yours for two minutes. Hold for questions. Great.
Chair and members of the committee, thank you for the opportunity to testify today in support of House Bill 26-1274. My name is Marco Dorado, and I'm the Managing Director of Communities Lead, Communities Thrive, a statewide coalition of small nonprofits working to improve how the state partners with the organizations, delivering essential services in our communities. Last summer, CLCT held listening sessions and one-on-one conversations with more than 40 nonprofit leaders across Colorado, organizations serving rural communities, youth, seniors, immigrant families, LGBTQ plus folks, communities of color, and people experiencing housing instability. These conversations helped us better understand how state funding systems work in practice for nonprofits delivering services on the front lines. One of the most consistent themes we heard was the challenge created by state reimbursement-based grants. Leaders described having to front weeks or months of program costs before receiving payment from the state. Some organizations reported delaying services while waiting for reimbursement. Others described draining emergency reserves. In one case, a nonprofit leader said that they had to open a personal line of credit just to cover payroll while waiting for reimbursement from a state grant. These are organizations that want to partner with the state to serve their communities, but the current system makes that partnership financially risky or even inaccessible. That's why the advanced payment option in HB 26-1274 is so important. It builds on bipartisan authority granted to the Colorado Department of Public Health and Environment in 2021 and extends that same flexibility across state government. This legislation preserves existing oversight and accountability requirements while giving state agencies the flexibility to structure payments to better support their nonprofit partners and the programs they deliver. By allowing an advance payment when appropriate, agencies can reduce delays, improve program implementation and strengthen the partnerships they rely on to carry state-funded services. Nonprofits serve as essential partners to the state, connecting communities to the services they need. When that partnership is adequately supported through responsive funding mechanisms, programs launch on time, staff turnover decreases, and communities experience fewer service disruptions, strengthening outcomes for both the state and the people these programs are designed to serve. On behalf of CLCTR, a coalition of organizations across Colorado, we respectfully urge you to support House Bill 26-1274. Thank you for your time, and I'm happy to answer any questions.
Thank you. Please hold. Next witness, please state your name. The floor is yours for two minutes.
Thank you, Mr. Chair and members of the committee. My name is Sarah Dutcher, and I currently work as the Senior Philanthropy Lead at Caring for Colorado Foundation. We are a statewide health equity funder. I am here today in support of House Bill 26-1274. Caring for Colorado currently serves as the regional access partner for the Northeast Region for the Department of Local Affairs Small Nonprofit Infrastructure Grant Program, created in 2022, which invested $33.1 million in ARPA funding into small community-based nonprofits. One important feature of this program was the ability for approved nonprofits to receive a percentage of their grant funding up front. them to begin their work immediately. This adjustment to the traditional reimbursement based funding plan was made because what we saw was simple but important. Many small nonprofits cannot carry the upfront costs of public contracts and then wait to be reimbursed. Even when they are fully capable of delivering results, cash flow can become a barrier to implementation. That means delayed hiring, delayed services, added administrative burden, and in some cases a disruption for their communities. Combined technical assistance plus upfront funding to these nonprofits to implement their projects as designed without interruptions. This approach actually mirrors how Caring for Colorado makes our own grants through a model known as trust-based philanthropy. Think about it this way. If you hired a contractor to build a house, you would not expect them to cover all the upfront costs before getting paid. In many ways, nonprofits are entering into a contract with the state to deliver services to your constituents. If we want those services delivered successfully, we need to set up the nonprofits for success. Importantly, our experience shows that advanced payments do not increase risk. Most nonprofits are deeply accountable to their communities. When challenges arise, nonprofits typically reach out quickly for guidance so they can stay on track. Nonprofits are not asking for additional funding. They're asking to not finance public service delivery out of their own limited reserves. They're asking to be paid in a way that allows them to do the work they have already been trusted and contracted to deliver. I respectfully urge your support of House Bill 26-1274. Thank you for your time.
Thank you. Ms. Klein.
Mr. Chair and members of committee, thank you for the opportunity to testify today on House Bill 26-1274, State Agency Payments to Grant Recipients. My name is Mackenzie Klein, and I'm also Ms. Front Range. I'm a community mentor specialist, and I'm here today testifying on behalf of Big Brothers Big Sisters of Colorado and support on this bill. For many organizations, including small community-rooted nonprofits, delays caused by the current reimbursement-based grant-making create serious barriers. Without reserves or access to credit, nonprofits delay services, take on debt, or decide not to pursue state grants altogether. Over the past six years working on the front lines with young people, families, and volunteers, I've learned that people are complex and effective nonprofit work requires flexibility. This bill would reduce barriers by preventing service disruptions and staff turnover and allow organizations to focus on community impact. Here at Big Brothers Big Sisters, we have a saying, it takes little to be big. By voting yes on House Bill 1274, this will have a big impact on our economy and our collective future. Every dollar that is invested in community building returns $3 in public benefit through reduced spending on criminal justice, social services, and remedial education. 96% of youth we serve report that they are confident they can say no to drugs, violence, and skipping school. 84% of youth have better grades, academic goals, and confidence. Supporting small nonprofits expands access to critical services across all four corners of Colorado, ensuring that communities, no matter how rural or underserved, are not left behind. There's no reason a large organization like Big Brothers Sisters should not stand up as a voice for the entire nonprofit sector, helping elevate standards and opportunities for smaller organizations that share the same mission, which is to ignite the power and promise of youth. Please vote yes on House Bill 1274 and thank you for the opportunity to testify Thank you Please hold for questions Thank you Mr Chairman Good evening members of the committee
My name is Jack Murphy, and I am the Director of Government Affairs for the Colorado Nonprofit Association. Thank you for the opportunity to testify in support of House Bill 1274. Colorado's nonprofit sector is a significant economic driver, comprised of over 14,000 organizations generating $62 billion in annual economic impact and employing more than 180,000 Coloradans. At the same time, over half of these organizations operate on annual budgets under $500,000. These are often small, community-rooted organizations delivering highly targeted and essential services. Nonprofits are critical partners to the state. They deliver food assistance, provide elder care, support arts and cultural initiatives, and fill gaps in public services that would otherwise go unmet. The state relies on them to implement public programs effectively and efficiently. Despite their critical role, many nonprofits struggle to access state grant programs due to the current reimbursement-based model. Many nonprofits lack the financial reserves to front the cost of delivering services while waiting for the state to reimburse them. We consistently hear from our members that they are forced to delay start dates, take on debt, or in some extreme cases, rely on personal financial resources from their leadership just to begin delivering services that they have already been approved to provide. Some decide not to pursue state funding at all. House Bill 1274 takes a measured step in solving this problem. It allows, though does not require, state agencies to provide up to 25% of grant funding in advance. This serves agency flexibility while giving them a practical tool to better align payment structures with program needs. This bill builds on an approach that is already working. CDPHE was granted this authority through bipartisan legislation in 2021. This has been implemented successfully over the past five years, and this legislation simply extends this model across state government. The association supported this legislation in 2021, and we are proud to support this important step this year. On behalf of the association, I respectfully urge your support for House Bill 1274. Thank you, and I'm happy to answer any questions.
Thank you. Please hold for questions. We're going to go online to Mark Lester. Mr. Lester, if you could unmute yourself, floor is yours for two minutes.
Chair, members of the committee, good evening, and thank you for the opportunity to testify. My name is Mark Lester, and I'm speaking today on behalf of Rocky Mountain Equality to ask for your support of House Bill 26-1274. This bill standardizes a funding practice that will improve service delivery and cash flow for nonprofits providing essential services to their communities. Rocky Mountain Equality can speak firsthand to the profound impact that advanced grant payments can have on the ability of nonprofit organizations to deliver services efficiently. Our organization provides advocacy, education, programs, and services that ensure LGBTQ plus people and their families have the tools and opportunities to thrive. For instance, through our behavioral health program, Rocky Mountain Equality has connected hundreds of community members to therapy, health providers, recovery support, and other critical services. Services that are especially important for a community that faces disproportionate mental health challenges. A few years ago, when our organization applied for funds for the behavioral health program, we found ourselves in the same position as many essential nonprofits in our state, operating on tight margins without access to large cash reserves or lines of credit. When grants are structured purely as reimbursements, organizations must first spend money they may not have and then wait weeks or months to be reimbursed That structure can make it extremely difficult to start or expand crucial programs RMQ was fortunately able to secure a portion of our grant funding for the behavioral health program up front which allowed us to hire staff, build partnerships, and launch the program with the resources it needed to succeed. Several years into its implementation, I can confidently say that it has saved lives. This bill will help ensure that all of Colorado's nonprofit partners have the opportunity to deliver critical services on behalf of the state and their communities. It will save and improve countless lives. For these reasons, Rocky Mountain Equality respectfully asks for your yes vote on House Bill 26-1274. Thank you for your time and consideration.
Thank you. Committee, any questions for this panel? Thank you all for staying so late. Appreciate it. Thank you. If we could call up our next panel of witnesses, they are all appearing remote. Max Gibson, Alex McHenry, Renee Bernhard, Janelle Ramzil, and Daza Creel. We'll start with Ms. Creel. If you can unmute yourself, state who you're testifying on behalf of. Floor is yours for two minutes.
Good afternoon, Chair and members of the committee. Thank you for the opportunity to testify on House Bill 1274. My name is Deja Creel, and I am the Policy and Government Affairs Specialist for the Denver Foundation. The Denver Foundation is a community foundation with a 100-year history of serving and collaborating with community members to address current and future challenges. Through our work as a grantmaker, we hear about the challenges that nonprofit organizations experience when accepting government funding. These challenges include the need for upfront funding to complete work associated with a contractor grant. The current infrastructure of the grantmaking and contracting with the government can be inconsistent with some reimbursements taking six to nine months after a nonprofit has incurred costs and submitted the required paperwork. Some of our partner grantees have gone to extreme lengths to fund the existing services provided and their staff while waiting reimbursements from the state that should have taken weeks but instead took months. Some examples include pulling dollars from their reserve to fund current operations, mortgaging personal property, taking out payday loans at incredibly high interest rates. Based on feedback and these challenges, the foundation, in partnership with other Colorado-focused funders and the First Southwest Bank, has launched the Colorado Nonprofit Bridge Loan Fund to support nonprofits awaiting reimbursement from government entities with short-term, low-cost loans.
The demand for this type of funding has far outpaced our expectations, and in the first year, we plan to execute four loans, and we've already received 21 applications. Given the demand, we anticipate to far exceed our goal of four loans. House Bill 1274 helps to address these challenges by standardizing practices, expanding access to grants and contracts for small and community-rooted nonprofits, and preventing program service disruptions. We recognize that our efforts are not enough to meet the sector's needs, and policy changes are essential to ensure that nonprofit organizations are able to achieve their missions. This bill provides an opportunity to change the state approach by giving state agencies the option to disperse up to 25 of nonprofit grants and contracts up front enabling organizations to begin the work sooner and remain financially solvent Thank you for the opportunity to testify in support of House Bill 1274
Thank you. We're also joined in the room by Stuart Jenkins. Mr. Jenkins, if you can hit the button, make sure it goes green. Floor is rest for two minutes.
Thank you, Mr. Chair and members of the committee. My name is Stuart Jenkins, and I serve as the Executive Director of the Calvo Alliance of Boys and Girls Clubs, representing the 17 club organizations across our state, I'm here to express our strong support for House Bill 1274. At Boys and Girls Clubs, we work every day to ensure that young people, especially those who need us most, have access to safe, supportive, and enriching environments during out-of-school time. State grant funding plays a critical role in making that possible. The way those funds are administered is critical to the day-to-day operations for non-profits like ours, local governments, and other community-based organizations on the ground. Navigating these processes that the sponsors described are exactly why intermediary organizations like the Alliance exist. We help reduce administrative burden and financial burden so smaller nonprofits can focus on serving youth, and we expand access to state funding for clubs, especially in rural communities, that may not otherwise have the capacity to navigate complex grant requirements or front significant costs. Even with that support, the current system still creates real barriers. Many of our clubs operate on very lean budgets. They don't have large reserves or lines of credit. When grants are structured as reimbursement-based or when there are delays in reimbursement, clubs have been in the position of taking on significant program costs for months at a time. In fact, some of our organizations have experienced reimbursement delays of up to three months, amounting to tens of thousands of dollars in expenses they've had to carry. While those moments are thankfully rare, that kind of financial strain doesn't just affect balance sheets. It directly impacts our ability to hire staff, keep programs running, and serve kids and families without interruption. House Bill 1274 offers a practical, thoughtful, and flexible solution. By improving how and when these funds are distributed, including the use of advanced payments, this bill helps ensure that nonprofits can focus on delivering high-quality services rather than managing cash flow uncertainty. This is important right now as out-of-school time programs face potential funding cuts and making sure that existing state investments are deployed effectively and efficiently is more important than ever. Thank you for your time this evening and happy to take any questions.
Thank you. Please hold. We can go back online to Max Gibson.
Hi there. I'm Max Gibson. I'm the executive director of the San Luis Valley Local Foods Coalition. We do a lot of work for the state that we'd love to have the state do instead, but isn't here in the Sandways Valley doing it. So we manage economic development. We help keep small grocery stores open. We do farmer training, soil health programs, nutrition education. um we're essentially four different non-profits under one roof because in you know on in poor rural colorado we've learned that we have to stand together in order to deal with exactly these kinds of barriers where one program can shuffle money to to another um because none of us have enough money for a single program to to kick off right off the bat um we have a two million dollar budget and it's not unusual for us to have fifty thousand dollars from the state just waiting to come in that's okay in the middle of a program but when we're starting something off it doesn't work it's each program has its own requirements it takes us to to figure them out. We usually have to do some back and forth with our program officer, and it could easily be three months before we get our first payment. And not having an advance just encourages us to be slow and ineffective and put staff on furlough, and it just creates dysfunction in how we provide for our communities. And on the rare occasion that we do have an advance, it's awesome because we can just immediately get to work and we know that the state is not going to get caught up on some kind of snag about how exactly we put our first invoice in we just know okay we can get started and that's going to buy us the time to to figure out how the rest of the program works and do our important work thank you please hold for questions we'll go to our next
witness, Ms. McHenry. Please unmute yourself. Good evening, Chair and members of the committee.
My name is Alex McHenry. I'm here on behalf of Community Resource Center, or CRC. We're a statewide nonprofit that serves Colorado by supporting other nonprofits and community leaders across the state, particularly in rural and under-resourced communities. In 2025, we served over 1,000 unique nonprofits in 63 different counties, and the majority of those nonprofits have budgets of under a million dollars. So I am here in support of House Bill 1274. As has already been emphasized, Colorado relies heavily on nonprofits to deliver essential public services, yet for most state grants, they require reimbursement, meaning nonprofits must cover costs upfront and wait weeks or months, as has been mentioned, to be paid. At CRC, we have firsthand experience with this. And even as an established organization, navigating reimbursable grants requires careful cash flow planning, delays in implementation, as Max mentioned, and financial risk while we're waiting for those reimbursements. And for many of the smaller community-rooted nonprofits that we support, especially in rural communities, this is more than just a challenge. and often a barrier to participation altogether. And this challenge is growing. Nonprofits are facing rising costs, increasing demands, and financial uncertainty. For some context, the Nonprofit Finance Fund 2025 survey showed 85% of nonprofits expect demand for services to increase, and more than half have three months or less cash on hand. As a result, many nonprofits simply cannot participate in state funding opportunities. House Bill 1274 offers a practical and flexible solution that builds on existing permissive authority granted to CDPHE in 2021. By allowing but not requiring state agencies to provide that up to 25% of grant funding up front, This bill would give nonprofits the working capital they need to begin delivering services immediately while maintaining that accountability. Ultimately, it will ensure access to funding is based on impact, not just cash flow, and will expand access to public dollars to small and rural nonprofits at a time when nonprofits and communities need it most. On behalf of Community Resource Center and the many nonprofits we serve, I respectfully ask for your support for House Bill 1274. Thank you.
Any questions? Representative Gonzalez.
Thank you, Mr. Chair. And my question is for the Boys and Girls Club. Thank you for being here. It's been a very long night for, I think, everybody that's here in this room. When we toured the Boys and Girls Club in my district back in October with C3 I know we talked a little bit about funding So I guess for this policy how do you feel it would benefit the funding for the Boys and Girls Clubs especially in my district As you know in Weld County we have a growing population who are in need of the nonprofit services and I know funding is one of those things that obviously is on top of mind of everybody, especially these budget cuts. So how beneficial do you think that this would be for the Boys and Girls Club, especially in Weld County and in my district? Mr. Jenkins.
Thank you, Mr. Chair. Thank you, Representative Gonzalez, for the question. So unfortunately, the bill doesn't come with new funding, but as much we're in need for that. But this would provide better certainty and predictability for our clubs that move between grant cycles and may change grants with the state. It'll just provide that predictability for them to plan accordingly. Our clubs right now are in the process of hiring staff for the summer. Late spring, they'll start hiring staff for the fall and the start of the school year. So being able to have a process in place that knows that they can start incurring those expenses, signing those contracts, bringing staff on, will just give them the certainty to plan and give families, and especially our working families, that certainty as well.
Any follow-up?
Any further questions from the committee? Seeing none, thank you all for your time. I also want to note that we have written testimony that was submitted by Renee Bernhard and others on this bill. And on the next bill, please check your folders. On this bill, we have written submissions from the Colorado Health Foundation, the Rose Community Foundation, the Colorado Nonprofit Development Center, and like I said, Renee Bernhard. Final call for witnesses on 1274. We have one. Please come on up. Thank you.
a Denver-based nonprofit that works throughout Colorado, partnering with urban, rural, and suburban school districts to provide professional development for teachers and school leaders and to bring more teachers to the state through the PEBC teacher residency. We've trained over 1,500 teachers in Colorado as an approved alternative licensure provider, and our program has proven to improve teacher retention. 81% of our teachers are still in the classroom after five years, which is far higher than the national average. PEBC has been the beneficiary of multiple grants from the state, mostly through the Department of Education. With those funds, we've worked to address the teacher shortage via our teacher residency program, provide better training for mentor teachers and school principals, and offer living stipends to teacher candidates to honor their commitment and hard work during their training year. Operating a statewide residency program that's responsible for the needs of the future teachers and the districts we partner with is complex work. This year alone, we're working with 25 school districts, numerous charter schools, and 40% of our partners are in rural communities. We have a full-time staff in Denver, Colorado Springs, and Southwest Colorado, as we recognize that members of the local community are best equipped to support the needs of aspiring teachers in their districts. The current state grant system where funds are distributed as reimbursements can lead to financial strain on our organization and has at times led to us needing to make difficult decisions around staffing either by reducing FTE or eliminating positions altogether as we work with CDE to have our grants reimbursed This can impact classrooms and teachers and students with having fewer coaches in the field than we originally planned, providing our residents with less support as they learn how to be teachers worthy of each and every student in Colorado. House Bill 1274 would add flexibility to CDE and other state agencies by allowing them to have the option to provide up to 25% of a grant up front providing critical operational cash while ensuring that grantees abide by the same guidelines for expenditures. We believe this is a strong solution to support grantees and ensure there are no service interruptions. Thank you for your time, and I urge you to support this bill.
Thank you. Committee, any questions for the witness? Sinan, thank you so much for sticking around this evening. Final call, witnesses, 1274. Seeing none, the witness testimony phase is closed. Bill sponsors amendments. Mr. Chair I move L001.
Motion by Rep. Garcia second by Rep. Zocay. Tell us about L001. We already have it.
Representative Lindsay. Thank you Mr. Chair. This amendment we just wanted to be
very clear that when we're talking about grants, that it's only grants that are funded with state money, not federal money. So we ask for an aye vote. Committee, any questions on L001?
Any objection to L001? L001 is adopted. Any further amendments? Bill sponsors? None. Committee, any further amendments? Seeing none, the amendment phase is closed. Wrap up bill sponsors.
Lindsay. Thank you, Mr. Chair. Thank you, committee. I want to thank all the organizations that came out to testify. You get a really good cross-section of different organizations that are doing wonderful things in our communities. We want them to be able to continue that work without having major financial disruption in their organization. So this is a great bill to do that and we urge an eye vote. Thank you.
Representative Garcia. I have a lot I wish I could say. I know it's late, and I think the fact that we had so many, all of our witnesses actually stick around either to be here in person to testify because the need is this great or even online, I think just shares why this bill can have such a great impact. I know earlier in the questioning, a tongue-in-cheek question maybe was directed at me and my organization, and the reason why I'm bringing this bill and I brought it last year is because we have direct experience with what it means to have to deplete our reserves or have to delay services because we aren't able to get an advance. And so this does come from, to the chagrin of a representative from Douglas County, a personal experience. But it's not one that's just that only I share. This is a personal experience and a real-life experience that nonprofit organizations and every single one of your district's experiences. The state can't do it all. That is why the state creates grant programs. but it is not okay for the state to put an additional burden on the organizations that are the experts who can do this work by not providing the funds that they need upfront to be able to do this work effectively. So with that, I ask for a yes vote.
Committee closing comments Representative Marshall Thank you Mr Chair So I just had a couple real quick and just based off our colleagues statement Her personal experience is exactly why she knows this is a need I didn ever want it to be pigeoned as the veterans guy but I run a veterans bill every year because I have experience in that and can spot problems where other people don and have the experience to take care of it So this is an area you know. It's obviously an area you know where to try and work. I feel a bit like a hypocrite because I voted for your bill last year, and it was a mandatory because you're absolutely right. We shouldn't, just like any construction project or the like, there are startup costs. The problem for me right now is the timing. I had a very lengthy conversation with the treasurer on Sunday, and it's a view of many that there's a lot of people who do not understand the dire straits we are in fiscally and we have multiple major frauds that are coming out right now that are hitting the papers for hundreds of millions of dollars. So to increase shoving the money out the door as quick as possible right now where even the fiscal note says if the practice of making advanced payments becomes more common, lost interest could be significant, potentially in the millions of dollars. Any organization that's in almost a bankruptcy state, which we are almost going to if we don't get our act together, would start engaging in slow pay as quickly as possible rather than accelerating it. So unfortunately because of the situation we are in, I think this timing is just a very, very bad idea. So for that reason, even though I voted last year for the mandatory one, I'm going to have to be a no today. Thanks.
Representative Gonzalez. Thank you, Mr. Chair. And to my colleague from Jefferson Adams County, you know I love you, Ryan. Thank you to everybody who came here to testify. And I understand the need for helping our nonprofits, especially in my district. My county is opposed to it, but I know we had a conversation on the floor about the importance of this, especially highlighting the Boys and Girls Club, Habitat for Humanity, and these other people that are very good players and powerful players in my community that need them. And so I'm happy to support this bill. So I appreciate the conversation we had from my colleague from Adams and Jeffco, and I will be a yes.
Any further closing comments? Seeing none, a proper motion, Routes 1274 as amended to the Committee on Appropriations.
Representative Garcia. I move House Bill 1274 to the Committee of Appropriations with favorable recommendations. Second. Proper motion by Representative Garcia, second by Representative Camacho.
Okay. En fuego this evening. Please pull the committee. Representatives Barone.
No. Brooks. No. Camacho. Yes. Garcia. Yes. Gonzalez. Yes. Heartsock. No. Marshall. No. Stewart. Yes. Zokai. Yes. Tatum. Yes. Mr. Chair.
Yes, that passes 7-4. Thank you so much. Now it's up for the last bill of the evening, 1233, Representatives Lukens and Zokai.
I'm not a lot of my unity. For the sake of the community. God bless, God bless. I'm a student. I have something in my mind. I am. Three panels.
As amendments are being passed out, no need to wait. Representative Lukens.
Thank you, Mr. Chair, and thank you, members of the Finance Committee. Today we are proud to bring before you House Bill 1233, and we have done a tremendous amount of work on amendments, and if it is okay with the committee, I would like to have my talking points in the hopes that the committee agrees to the amendments that we are bringing. So I just wanted to clarify that before I get into details. But this bill ensures the integrity of the property tax system by requiring non-residential property owners to provide truthful information during income-based valuations. By shifting enforcement to the court system, the bill creates a fair, high-standard process that protects public revenue while ensuring robust due process for taxpayers. There are three main categories in this bill. The first category is the willful misinformation as a petty offense. Currently, while property owners are required to provide data for non-residential valuations, there is no meaningful consequence for providing willfully false information. This bill aligns property tax statutes with other tax laws by making willful misinformation a criminal petty offense. And then the bill defines willfully as a specific intent to mislead and applies only to affirmative false statements regarding non-residential property. It does not penalize good faith errors, emissions, or residential homeowners. The second category is in relation to Board of Assessment Appeals, BAA, and venue. So within that, we are preserving the taxpayer choice. The bill maintains the taxpayer's right to choose their appeal venue. However, it provides counties a formal voice in the process for the first time. It also has a motion of preference. A county may now file a motion with the BAA noting a preference for the case to be heard in district court, and it also adds procedural clarity. The third category is in relation to protecting public interest and penalty interest. Current law mandates a 12% annual penalty interest rate on tax refunds. this bill ensures that local governments in school districts are not unfairly penalized when a refund is triggered by a taxpayer's own misconduct. And to protect due process, the right to penalty interest is only waived if a court of competent jurisdiction finds the taxpayer guilty of petty offense for willful misinformation. I have passed out the amendments as well as a fact sheet as well, and I'm grateful for my co-prime sponsor, who this is much more of her happy place, is tax policy. So at this point, I will be asking for a yes vote on House Bill 1233, and we'll pass it on to my co-prime. Representatives, okay. Thank you, Mr. Chair, and thank you, committee members, for hanging with us. I know we're all running on little sleep this weekend. Some of us are barely holding it together, but we're going to get through this. I am so excited to have this bill before you today. It has some cleanup to procedures and clarifications of our laws for non property valuation appeals And I just want to start by saying I very grateful for my co for leading this effort and for all the robust stakeholding that she did to make sure property tax valuation is more fair When I was Deputy Assessor for Larimer County, we would sometimes have issues with receiving information and we would have taxpayers that had found ways to game the system. And this happens more frequently when you're talking about non-residential property, as those property owners tend to have more means to have hired help overseeing their appeals. And it would be frustrating when we were faced with a taxpayer that doesn't seem to be acting in good faith, but we had no tools to address it. So we have added some of those tools into this bill. We are adding penalties for willfully providing false information and allowing our counties to be able to hold those bad actors accountable. And those details are in L002. We are also allowing counties to request a case be moved from BAA, which is the Board of Assessment Appeals, to district court. Currently, a taxpayer can choose which path they want to take to move their case forward. And we would like the county to at least be able to make their preference known as well. That is in L003. We are also clarifying that we want the BAA to consider if a taxpayer has provided conflicting information through the appeal process or if the information they provided changed in any way. And then we are stating that interest is not available if a taxpayer has committed a petty offense of willfully providing misinformation. information. And I do just want to note that part of the reason, as I mentioned before, that assessors don't have these tools, part of the reason they don't have these tools is because taxpayers already feel like the odds are stacked against them when they are going through the appeal process. And assessors are actually very resistant to have more tools because they don't want to add to that taxpayer's anxiety and concern that they won't have a fair process. And so what I think is before you is this middle ground approach that we've worked very hard to get to this point and thread that needle, and I want to thank all the stakeholders that helped us get here and put this amazing bill before you. And I urge your yes vote and happy to answer any questions.
Committee, any questions? Seeing none. No, that was just me. Seeing none, we'll go to the witness testimony phase. Okay, our first panel, if we can get Julia Koster, Thomas Downey, Joe Rowan and Matt Poling. Is there anyone in the room who would like to testify in opposition to 1233? I also note that there is testimony that has been submitted and should be available in your box folder. Mr. Rowan, we could start with you. If you could unmute yourself, floor doors for two minutes.
Good evening, Mr. Chair. members of the committee. My name is Jill Rowan. I represent the Northern Colorado Legislative Alliance, which is 2,500 businesses and commercial property owners in Northern Colorado. HB 1233 presumes commercial property owners are predisposed to an adversarial relationship with their county assessor's office when challenging valuations. This bill also presumes property owners are reluctant to pay a fair share of the benefits of our public infrastructure. Neither of those two assertions are well grounded. We aren't just property owners, we're residents seeking a better Colorado just as each of you are. I believe we all recognize the very nature of going to work and how properties are utilized has changed in both subtle and material ways since we emerged from the pandemic. Commercial property owners were the first to face this new reality County assessors and their staff on the other hand are still working to understand these complexities while precious few are familiar with multi market conditions We seek every opportunity to help our local assessor understand not just the taxable value of a specific property, but to better understand the dynamics of the market that present material implications for schools, special districts, and the county itself that will reverberate for years come. We believe HB 1233 misses the mark. It conflates the time-consuming process of collecting, digesting, and presenting fresh data for consideration with willful disregard of an honest process. How can we help county staff understand what's going on with the prospect of being fined and labeled a cheat hanging in the balance? It also assumes property owners are more interested in collecting interest on any overpayment of taxes than paying the correct amount in the first place. It also assumes assessor allows the assessor to punt any appeal over to the courts rather than investing the time and energy to understand how the valuation, how to value properties under fluid conditions. HB 1233 serves little purpose than to raise the financial reputational and legal bar for commercial property owners to exercise their right of due process. We ask you to please vote no on HB 1233.
Thank you. Please hold for questions. Next we'll hear from Mr. Poling.
Mr. Chair and members of the committee, thank you for the opportunity to testify in opposition to HB 1233. My name is Matt Poling and I'm a principal at Ryan LLC. I have been a property tax consultant for 33 years, with the last 27 years in Colorado. I'm here on behalf of BOMA Denver, which stands for Building Owners and Managers Association, as co-chair of its public policy committee. While the amendments are helpful, at a high level, even this amended bill does not address a systemic issue. It appears to respond to isolated behavior by a very small number of participants, thereby creating broader problems for the system. It introduces penalties into what has historically been a civil administrative process without a demonstrated need to do so. Specifically, existing law already addresses fraud. Assessors have the authority to request, verify, and challenge information. An intentional misrepresentation is already covered under current law. Most valuation disputes are not about fraud. They are about methodology, timing of data, and professional judgment. This bill risks criminalizing those ordinary differences. Second, the bill creates a further imbalance in the system. By authorizing county attorneys to pursue criminal actions tied to appeal submission, it exposes taxpayers to prosecution simply for exercising their rights to appeal. That creates a dual-track process and shifts leverage towards counties without corresponding protection for taxpayers, which creates both the perception and potential reality of an unfair process. Third, it increases costs, complexity, and risk. Taxpayers may face criminal defense exposure, parallel proceedings, and a greater need for legal counsel even in straightforward cases That raises the stakes and will deter participation especially for smaller property owners Finally the bill introduces ambiguity and unintended consequences Key terms and thresholds are not clearly defined, increasing uncertainty and the risk of inconsistent application. In short, this amended bill does not solve a widespread problem, but it does make the the system more punitive, more complex, and less accessible. For these reasons, I respectfully urge a no vote on HB 1233. Thank you for your time. Thank you. Please hold. We'll go to Tom
Downey. Please unmute yourself. Floor is yours for two minutes. Thank you very much, Mr. Chairman.
Thank you for the opportunity to speak with you and your committee members this evening. I speak this evening in opposition to House Bill 26-1233. I agree with many of the comments of Mr. Poling. I have practiced in the property tax arena since the mid-1980s, so I'm quite familiar with the system. Overall, the tax appeal system works very well. While there's always room for some improvement along the way, I submit to you that House Bill 26-1233 is not the way to improve the system. On the contrary, I think it greatly increases the cost of the taxpayer. It greatly has provisions in it that would chill taxpayers and their representatives from exercising their First Amendment rights to challenge tax appeals. Overall, the overall effect of this bill, if passed, will add a whole other layer to the tax appeal section. Typically, you get your notice of value, you file a protest, you then go to the county board if you need to, you then go to the BIA or your district court. This bill adds a whole new layer that begins, it will begin shortly after the first of the year. It requires that certain information be provided by at or about the 15th of April. So it creates, quite frankly, it is unlimited in what it says. The statute provides it has language that the information required by this section, there's nothing in the proposed legislation that says what information is required. So therefore, it's incredibly overbroad. The taxpayer is not going to know what they have to do. Nevertheless, they're going to face criminal penalties. and there's going to be this whole criminal court proceeding that's going to predate the whole valuation situation. I see that I'm running out of time. There's so much more to say, but this statute is the wrong way to go about doing things. The assessors already have the availability to obtain income and expense information and rent rolls. And what information do they need? From a cost approach, they have that data. From a market approach, they have market data. From an income approach, they have market income data. And the statute requires that we submit income and expense and rent rolls. So what is this other information? Please wrap up your testimony, sir. You're 30
seconds over. I appreciate the opportunity and thank you. Thank you so much. Do we have Julia Okay, do we have anyone else who would like to testify against or in opposition to 1233? And again, there's been testimony submitted in writing. That is available in your box. Committee, any questions for this panel? I say none. Thank you all for your time this evening. We will go to folks who signed up in an amend position. If we could get Brenda Doniz, Toby Damitz, and Cassie Stokes. And is there anyone in person? Okay. Is there anyone else who would like to testify in an amend position?
All right, Ms. Doniz, please unmute yourself. floor is yours for two minutes. Good evening, Mr. Chair and members of the committee. My name is Brenda Donis. I'm the Weld County Assessor, and I'm speaking on behalf of the Colorado Assessors Association. As you've heard, this bill addresses concerns related to real estate income data that taxpayers provide and assessors use to value non-residential property. For a little background, assessors may request rental and expense data, but taxpayers are not required to provide it unless they have filed a third-level appeal, meaning they have already appealed to the assessor, then to the County Board of Equalization, and now they are at the third level of appeal. In its original form, the bill established civil penalties for taxpayers who failed to provide or alter the rental and expense data at any stage in the process. And if that taxpayer had already paid their taxes but was entitled to a refund, then it eliminated the payment of interest on those taxes already paid. Additionally, even though there are three venue choices for taxpayers at the third level of appeal, meaning they can choose to appear before the BAA, the district court, or binding arbitration, the bill allowed counties to override the taxpayer's venue choice without an opportunity for the taxpayer to respond. After reviewing the original bill, assessors were concerned about assuring a fair system for both taxpayers and assessors, in particular the ones I just mentioned, overriding a taxpayer's choice and imposing requirements and penalties solely on taxpayers. These create the perception, if not the reality, of an unfair and unbalanced system. We received the amendments this afternoon, and we are making progress, and we want to thank CCI, Representative Lukens, and Representative Zocay. We recognize their goals behind the bill, and we appreciate that they listen to our concerns. We're pleased to see that we now preserve the taxpayers' right to choose the venue, that counties can comment on that. We also appreciate the amendment clears up some administration behind specifying that only county courts can determine whether a petty offense was committed. That said, there are still portions of the bill we aren't quite expecting, or amendments that we weren't quite expecting. The amendments replace civil penalties with petty offenses, and they continue to require taxpayers to forfeit interest on taxes already paid. And it's located in a part of statute that we didn't expect, where submission isn't mandatory. In addition to that question, we have a few other topics that might be missing or we might just need clarification. So we are willing to have further discussion to ensure we're all on the same page. Thank you for this opportunity, and please let me know if you have any questions. Thank you.
Do we have Toby Damus online? Okay, thank you. Anyone else who wants to testify in an amend position? Any questions for Ms. Donis?
Rev. Marshall? Yeah, Ms. Donis. So at least what I'm hearing is this isn't where you want it to be, but this is something valuable, so you do want to see it to continue on.
Ms. Donis?
Yes, thank you for the question. Agreed. Assessors are still in an amend position. We believe that there is still room for improvement, or at least room for clarification. And so we would not be opposed to it continuing on Representative Marshall And you may not be privy to this but I curious I saw Douglas and Weld in opposition but CCI is in favor
I thought they had to be unanimous in order for CCI to take a position, so I don't know if you could shed some light on that.
Ms. Donas.
Yes, thanks for the question. Weld in particular was opposed to the original bill because it was very heavy-handed and it appeared to be anti-taxpayer. These amendments have resulted in a much more fair setup, something that is much more workable and, again, more friendly to taxpayers and more balanced. Therefore, assessors are still at an amend position. And when Weld County in particular took the original opposed position, it was because of those original statements not considering any
amendments. Any further questions for this panel? All right, seeing none, thank you so much, Mastanis, for sticking around. We'll go to our panel of support witnesses. If we can get Matt Schur, Mark Chapin, Mark Linney, my apologies, and anyone else who wants to testify, Dave Wessel? Anyone who wants to testify in support of 1233? We'll start with our witness in the room. If you can hit the little button, make sure the green light is on in front of you. Perfect. State your name. Floor shows for two minutes. Thanks for sticking around.
Thank you, Mr. Chair and members of the committee. I am Eagle County Commissioner Matt Schur here today on behalf of Colorado Counties Incorporated. CCI supports House Bill 1233 because unforeseen cracks in our otherwise fair and functional property tax appeal process ends up needlessly costing all taxpayers. That process is meant to be simple, accessible, and transparent. It is also not infallible, so the process is meant for a typical property owner to easily get a fair valuation and pay their fair share of taxes. That same straightforward system also handles tremendously complex, high-value non-residential properties that are commonly represented by attorneys and tax agents. There are two issues that House Bill 1233 seeks to remedy. Inadequate incentive for properties to provide accurate information in a timely manner, and an ability to obtain judicial review or interpretation of crucial questions of law. House Bill 1233 ensures that straightforward process remains fair for all property taxpayers while also protecting all of our taxpayers who ultimately pay for abatements delayed through no fault of their county government. It does that in three ways. First, it creates penalties for providing false information because no penalties currently exist. Second, when delays in resolution to determine value are not the fault of the county, the current 12% penalty interest rate is waived on refunds. So county taxpayers are not paying for delay they and their government did not cause. Third, when complex legal questions arise that may also require discovery, under the rules of civil procedure, the bill allows counties the same opportunity as property owners to move the case to district court that can address such legal questions. House Bill 23 protects the majority of taxpayers and local governments by fixing procedural cracks that undermine the integrity of the property tax system CCI is grateful to the sponsors for bringing this bill and for continued work threading that needle as Representative Sakai said and thank you all for your time and consideration this late evening I'm happy to take questions. Thank you.
Please hold. We'll go online to Mark Leaney. Thank you very much.
Good evening, Mr. Chair and members of the committee. My name is Mark Leaney. I'm a commercial real estate appraiser licensed in Colorado, holding the MAI and SRA designations, and I've been appraising property in the state for more than 40 years. My background includes service at the City and County of Denver Assessor's Office, where I handled some of the most complex valuations in Colorado. I later was appointed by the governor to the State Board of Assessment Appeals, and subsequently my firm was selected by the Colorado Legislative Council to conduct the Colorado Property Assessment Study, which is the legislatively mandated audit of valuations applied to all 64 county assessors for both real and personal property. Since then, I've been in private practice working with financial institutions, private property owners, and county governments. I've served as a hearings officer and arbitration officer for property tax matters for several counties, and I've been an expert witness in some of the largest property tax appeals in the state. Across all of this work, one theme has been constant. Accurate, consistent, and transparent data is essential to a fair assessment process. A properly functioning assessment system depends on the timely exchange of relevant information. For income-producing properties, the most reliable indicator of value is the property's actual income-producing capabilities. Assessors work hard to establish fair and equitable valuations, but they can only do so when they have access to accurate data. In my work with counties, I have repeatedly seen situations where income and expense information shifts between the initial appeal, subsequent appeals, and the final hearing. I've also observed a pattern over many years of withholding, delaying, or selectively providing information. I've seen data provided that it's incomplete, misleading, and frankly, inaccurate. This practice does not serve the public good. It prevents assessors from fully understanding a property's true value and its economic performance, and it undermines the goal of fair and equitable taxation. The burden placed on county governments to obtain accurate information is significant and time consuming, and county boards and the Board of Assessment Appeals are also impacted. My hope is that House Bill 26-1233 will help address these long-standing concerns, and I believe in conclusion that House Bill 26-1233 strengthens the assessment process for most transparency and provides a more appropriate venue for complex legal disputes. In my opinion, it will contribute to a more equitable property tax environment in our state. I thank you for your time and for your consideration.
Thank you, please, all for questions. I understand that we have Dave Whistle online, but he's not accepting his invitation to be promoted as a panelist. Mr. Whistle, if you can hear me, we'll give you a few moments to try to accept your panelist invitation. Okay, committee, any questions for this panel?
Yes, Representative Marshall. Thank you, Mr. Chair. Maybe this is something for the AG but I a little confused why the attempt to influence a public servant under 18 would not apply If someone was submitting false information to the assessor office to influence the decision it would seem like that would be a felony.
Commissioner Scher, do you want to try that?
Thank you, Rep. Marshall and Mr. Chair. I could give that a shot, but I'd leave it to Mr. Linney, too, who would have better expertise at that. But my understanding is that this is already illegal, but there is simply no consequence for that behavior. But Mr. Lanet may have more information, though I know he's not on the legal side of this either.
Mr. Lanet.
Yes, thank you. You know, I can't comment on the legalities of it. I can only tell you what I've seen in my experience, which is that at times it appears that data is submitted with impunity that changes from appeal level to appeal level. I have seen that personally, and it's very disturbing. Sometimes, of course, it could be as a result of a misunderstanding or further clarification, but it happens to the extent that I think it is difficult for the assessor to do much about at this point. And as this bill provides that there are penalties for that action that I think puts some teeth and gives assessors the opportunity to ensure that the data that is provided is accurate, because the end goal should be on both sides to get accurate information so that good valuation can occur. And frequently that system, as I said, appears to have been abused.
Any follow-up, Representative Marshall?
Yeah, I appreciate it, but have you ever referred any of these to the district attorney because a class 4 felony has far more implications than what we're putting in now, and it seems like it's already covered by that statute. I mean, if you have this, you're still, if it's a misdemeanor offense or the like, you're still going to have to refer it to the DA. So I'm getting a little confused. Are we being redundant for some reason?
Mr. Linet.
Unfortunately, I can't speak to that because I've never been in a position to refer anyone. That's never been my role in those particular matters. So I would defer to assessment personnel that might have more insight into that.
Any further questions? All right, seeing none, thank you all for your time this evening. Last call for witnesses on 1233. Seeing none, the witness testimony phase is closed. Amendment phase, bill sponsors. Three amendments have been distributed. Representative Zokai, would you like to move amendment L-001 and go in numerical order?
Yes, Mr. Chair, I move L-001.
Second by Representative Stewart. Representative Lukens, tell us about 001.
Thank you, Mr. Chair. L1 is a non-substative conforming amendment to Senate Bill 46, as the drafter requested. We ask for your yes vote.
Any questions from the committee on L001? Seeing none, any objection to L001? Seeing none, L001 is adopted. Representative is okay.
Thank you, Mr. Chair.
I move L002. Second by Representative Stewart. Representative Zokai.
Thank you, Mr. Chair. So this bill is replacing the civil penalty structure that you are seeing in the current bill with a petty offense framework instead. There were some concerns over who would charge that civil offense, and quite frankly, the BAA is not the correct avenue to make that determination, and our assessors also did not want to have to make that determination. And so what we have before UNL-2 allows the county attorney to move forward if there is a taxpayer that's willfully providing this information. And we ask for a yes vote.
Committee, any questions about L-002? Any objection to L002? Seeing none, L002 is adopted.
Representative Zocchi.
Thank you, Mr. Chair.
I move L3.
Second by Representative Stewart. Representative Lukens.
Thank you, Mr. Chair. L3 is an amendment that ensures that administrative boards cannot act as judges for criminal or financial penalties. It strikes language that would have allowed for the mandatory removal of complex or high-value cases to district court. It clarifies that the Board of Assessment Appeals has no authority to determine a taxpayer has forfeited their right to penalty interest on a refund And it has a part in relation to a taxpayer only loses their interest if a court of competent jurisdiction specifically finds they committed the petty offense described in L2. This ensures that we ask for a U.S. vote on L3.
Committee, any questions on L3? Any objection to L3? All three is passed. Bill sponsors, any further amendments?
No more amendments, Mr. Chair.
Committee, any amendments? Seeing none of the amendment phase is closed. Wrap up, bill sponsors.
Representative Lukens. Thank you, Mr. Chair. Thank you, members of the Finance Committee. We are asking for your yes vote on House Bill 1233 in relation to property tax proceedings. We have stakeholder this bill extensively, and we will continue to have conversations. This bill introduces a series of practical common sense updates to administrative procedures governing non-residential property tax reveals and we ask for your yes vote
or is that is okay thank you mr. chair thank you committee I won't belabor the point I do just want to note that property taxes paid on non property do make up a significant percent of most counties public revenue funding schools and other vital programs And I want to urge your yes vote to bring our tax system closer to one that is fair and has accountability for anyone that might be gaming the system for their own gain
Closing comments from the committee.
Representative Marshall. Thank you, Mr. Chair. So I'm going to be a yes because people are saying we can continue working with this. But if this turns out that it's already covered by the statute, I would be very concerned about trying to just hand – I mean, we already heard in the amendments that the original thought was to place criminal authority with these Board of Appeals, which makes no sense. So I hope we get an opinion from the AG or some district attorneys. And if it's just some of the county assessors are concerned that the DAs aren't that interested, well, that's a decision on judicial resources. and prosecutorial discretion, and that would be the same at the county level. I didn't hear any of them say they tried to refer anything to one of the DAs, and it looks like we got a statute directly on point So I going to be a yes because so many people are saying yeah we want to see something continued but if it turns out it covered I would hope we would just kill it
Any further closing comments from the committee? Seeing none, a proper motion Representative Zocchi, Routes 1233 as amended to the cow.
Thank you, Mr. Chair. I move House Bill 1233 as amended to the Committee of the Whole with a favorable recommendation.
Second. Motion by Representative Zokai, second by Rep Stewart. Please pull the committee. Representatives Barone.
No. Brooks. No. Camacho. Yes. Garcia. Yes. Gonzalez. No. Hartsuk. No. Marshall. Yes. Stewart. Yes. Zokai. Yes. Tatone. Excuse.
Mr. Chair. Yes. That passes 6-4 with one excuse. Folks, that concludes our business in finance. Pay attention to your calendars for what's up on Monday. Until then, we stand adjourned.