March 10, 2026 · Finance · 14,200 words · 20 speakers · 188 segments
Finance, we are starting in an unusually funky mode this afternoon, thanks to Mr. President. So we appreciate you being here and making us more cool. We always appreciate that. We are going to start today off with a couple of confirmations, and then we'll be going on to hear 26118, 261003, and 261146. But we're going to start out with the Financial Services Board. Oh, I'm sorry, we have to take roll. Thank you, Mr. Rudevich. Well, please have a seat, you guys. But Mr. DeBush, will you please take the roll?
Senator Sprite. Here.
Here. Excused. Here. Excused. Present. Excused. Here.
Here. Thanks for those of you who are on time. We really appreciate it. And we are going to start off with hearing for the Financial Services Board. And I believe Mr. Valente is going to introduce Robert Chavez, who is our nominee.
Good afternoon, Chair. Thank you. My name is Mark Valente. I'm the Commissioner for the Colorado Department of Regulatory Agency's Division of Financial Services. We're the primary regulator for Colorado State Chartered Credit Unions and Savings and Loans Associations. And as you said, I'd like to introduce the newest member of our Division of Financial Services Board of Directors. He's also CEO of Guadalupe Parish Credit Union down in Antonido, Colorado. I'd like to welcome Mr. Robert Chavez.
Mr. Chavez, would you like to tell us about why you are interested in serving?
And please let the record reflect that Senator Gonzalez is here. Thank you, and I appreciate the time today. I'm very interested in serving because I feel that my expertise in the credit union industry would serve me very well. I've been in the industry over 30 years, the last 15 years as an executive, and I'm committed to the members of my credit union and also of all members of the state. And where I come from, it's a very small community, and that's one of the functions of credit unions is to serve underserved areas in our state. And so I'm really excited about being able to offer my expertise to this committee, and I feel like I'm very well qualified to do that.
Excellent. Members, do we have any questions for our nominee? Seeing none. I am so sorry. Minority Leader Simpson.
Thank you, Madam Chair. No question. Just thank you for making the long trip up here. It's like San Luis Valley Day at the Capitol today. So thank you.
Yeah, we really do appreciate it. And as I was saying when we were doing confirmations yesterday, you are always welcome to use the Zoom. Be virtual because we know what a long drive it is for you when you come from other areas. And even if you're coming from Denver, it's a pain to park in this place. So thank you for making the trip. But Vice Chair Marchman.
Thank you. I move to the full Senate with a favorable recommendation, the appointment of Robert Chavez to the Financial Services Board. Thank you.
Ms. Rudebush, will you please take the role?
Aye. Aye.
Yes.
Congratulations and Vice Chair Marchman I would recommend the consent calendar Is there any objection to this nomination going to the consent calendar Seeing none I am going to expect that your nomination will fly through the Senate because you are now on the consent calendar. Thank you so much for making the trip and hanging out with us today for a little bit.
Thank you for your time. Absolutely.
Next up, we have a confirmation hearing for the State Board of Equalization, and I know we have Mr. Erfmeyer here to introduce Ty Coleman. Well, any relation, Mr. President?
Sure.
And Mr. Erfmeyer.
Yeah, Madam Chair, members of the committee. My name is Keith Erfmeyer. I'm the property tax administrator for the state of Colorado. Here to present Mayor Coleman for appointment. And this is for the State Board of Equalization. Among other things, the State Board approves recommendations from the statutory advisory committee. The State Board acts on my recommendations if I have specific concerns about a county's performance. The State Board reviews audits of the auditor. And maybe most importantly, the State Board is responsible for setting the residential assessment rate for taxes in the state of Colorado. A very important role. So with that, I would love your favorable recommendation for Mayor Coleman.
And Mayor Coleman, please tell us about why you're willing to step up and do this.
Sure. Thank you very much, Madam Chair, and to the Senate Finance Committee, thank you so very much for this opportunity. My personal mission in life is to reach one and teach one daily by my positive actions, by doing what's right, just, and fair for all. The reason I'm interested in this role, in this position, and I'm so excited to serve, is because the Board of Equalization is responsible for ensuring that fair and equitable property tax assessments are assessed statewide. As a banker, a mortgage broker, and a chief operating officer of a nonprofit housing development organization, I have lots of experience with reviewing property reports, analyzing appraisal reports, and also using comparables to assess values. I believe that this board is responsible for making sure that property tax burdens are distributed fairly across all counties in the state of Colorado. And if given this opportunity to serve, I will do my best to do my part to make sure that we're doing what's right, just fair for all.
Thank you so much. As a former member of the Board of Equalization when I was in the House, I really appreciate you stepping up. It is an important role. So, members, do we have any questions for Mayor Coleman? Senator Simpson, I mean, excuse me, Minority Leader Simpson. I got it right the first two times. Thank you, Madam Chair.
Mayor Coleman, just another heartfelt thank you and gratitude for making the long trip from another one of my neighbors is here in the Capitol for confirmation. So Mr. Chavez from Antonito and Mayor Coleman from Alamosa, thank you both for making the long trip up here and have my full endorsement.
Excellent.
Vice Chair Marchman. Thank you. And I just want to echo what I heard. I fell in love with the San Luis Valley this summer, and Alamosa was my favorite place to be. So you're really lucky to get to be, and I know you work really hard. But, yeah, I think it's a really great place.
So I glad that you came all the way up here and thank you for your service on the State Board of Equalization Thank you Further comment Okay Senator Frizzell Thank you Madam Chair I move to the full Senate with a favorable recommendation
the appointment of Ty Coleman to the State Board of Equalization.
Thank you very much. That is the proper motion. Ms. Rudovich, will you please take the roll?
Aye. Aye.
Enthusiastically, aye. Aye. More enthusiastically, aye. E. Snyder's excused march. Most enthusiastically, aye. Yes.
Senator Frizzell. Thank you, Madam Chair. I recommend the consent calendar for this appointment.
Excellent. Thank you. Is there any objection to the consent calendar? Okay. Well, your nomination also should fly through the committee, and thank you, Frizzell, for making that nomination. as the really most qualified person in the Senate to do that. So thank you very much. We really appreciate it. And thank you for making the trip again. And I just want to reiterate, we are always available on Zoom, too, should the drive prove to be something that you don't want to do. But we really appreciate you making the trip, and congratulations.
Well, thank you, and thank you all for the service that you provide for everyone in the state.
I wish you much success.
Appreciate it.
Thank you. Okay, that brings us to Senate Bill 26-118. with President Coleman and Minority Leader Simpson. We got the brass up here today, so we'll try and behave ourselves while they present their bill. Okay, who would like to go first? President Coleman.
Thank you, Madam Chair. Members of the public, Madam Chair, Committee members, I'd like to start by thanking you for the opportunity to discuss this bill today. Senate Bill 118, Legacy Giving to Charitable Organizations, brings needed relief to Colorado's nonprofit community by creating clear and consistent guidelines for legacy gift transfers between financial institutions and nonprofit organizations. Legacy giving is becoming increasingly popular due to awareness for the practice as well as distinct tax benefits. For many nonprofits, particularly arts and cultural institutions, legacy giving is a critical part of their fundraising models. Over the past few years, non-profits have expressed difficulties in receiving the gifts bequeathed to them after a donor passes. Non-profits across the state and across the country have reported that the donor's financial institution requires them to open a new account, become a customer of the financial institution as a means of transferring the gift. Non-profits follow strict financial reporting guidelines and often face capacity limitations, Requiring them to open new accounts solely for the purpose of receiving legacy gifts is burdensome and unnecessary. But that's not the only issue. In opening these accounts, nonprofits are often required to share their corporate officer's personal information, like their date of birth, social security number, home address, sometimes even their spouse's information. Information about the nonprofit often isn't enough, and staff are asked to share their own sensitive information for their employer to receive the gift. And that's not to mention the timeline. Nonprofits across the state report waiting upwards of a year to receive legacy gifts. While some nonprofits are fortunate to receive their gifts quickly, others wait for long amounts of time and are given sometimes no explanation for that wait. Senate Bill 118 corrects all three of these problems. Through robust stakeholder conversations with non-profits, banking partners, and legal experts, this bill sets a standard framework for governing these transactions Non will present the holding financial institution with a standard set of information and the financial institution will be required to transfer the gift within the next 60 days. All this will be done without requiring the nonprofit to open a new account with that financial institution. Colorado has the opportunity to be a leader in this space. Over the past two years, two other states, Iowa, I don't know anybody from that state on this Committee and Indiana have passed similar legislation and seen success in bringing consistency to these types of transactions. Nearly 10 states are now looking to implement similar legislation with Colorado, having the chance to be the largest to enact this type of legislation. It's also important to note that there is no fiscal note associated with our bill. Today we're introducing a small technical amendment regarding enforcement courtesy of Dora. You all may have already received that. We are proud to have the support of organizations such as the Colorado Bankers Association, Colorado Alliance Boys and Girls Club, Colorado Clubs, Colorado Coalition of the Homeless, Colorado Nonprofit Association, Go West Credit Union Association, the Denver Foundation, Junior League of Denver, Women's Foundation of Denver, United Way of Larimer County, and that list continues to grow. And with that, Madam Chair, I'll pass it over to my colleague.
Thank you. Minority Leader Simpson.
Thank you, Madam Chair and committee members. Privileged and an honor to be on this bill with President Coleman. As he referenced, when nonprofits are left a legacy gift, the donor's financial institution will sometimes require the nonprofit to open a new account solely for the purpose of completing the transfer. Nonprofits may also be required to provide sensitive personal information about their corporate officers, such as dates of birth, social security numbers, or home addresses. And even after completing those steps, organizations may face significant delays before receiving the funds. These requirements place unnecessary burdens on nonprofits and delays putting a donor's gift to its intended purpose. Our bill, Senate Bill 118, addresses these problems directly. The bill prohibits financial institutions from requiring nonprofits to open new accounts solely to execute these transfers. It also limits the ability of financial institutions to require sensitive personal information from nonprofit officers. It establishes clear timelines to ensure those gifts are transferred in a reasonable and predictable manner. This is a real issue affecting organizations across our state, and it's becoming more common as legacy giving grows. Today you'll hear from nonprofit leaders who have experienced these challenges firsthand. Not only do these folks represent Colorado's nonprofit voices, but they are experts in the field of fundraising, donor engagement, and planned giving. With that, I would ask for your support.
Thank you. Members, do you have questions for our sponsors? I do have one, and let me know if it's more appropriate for another witness, but since Senator Snyder is presenting his bill in another committee, I will ask it, because I know he asked that when I had a conversation with him yesterday. So if the estate, is this the 60-day timeline start after the estate is closed? I mean, after that, because sometimes it can take a long time to resolve an estate after somebody dies. So do you know that, or should I, would you like to defer to your witnesses? President Coleman.
Thank you, Madam Chair. I think we can defer to the witnesses for clarification. Thank you.
Okay, excellent. Well, thank you, and let us bring up our, oh, Senator Coleman, I mean President Coleman.
No, it's just James up in here.
You're the chair, Madam Pro-Tum.
If that's all right, I'd love to share with you a panel, if it's okay, if we have Jack.
Murphy Nonprofit Association, John Kraus, University of Denver, Allison Morgan, the Colorado Bankers Association, and Teresa Garcia from Colorado Public Radio. Would that be all right? That would be perfect. Thank you. And do we have one more? Okay. Great. Oh, do we need another chair? Okay. No, sorry. I thought you were coming up as well. So if you don't mind, let's go from our left to your right. Everybody's going to have... Oh, if you have a preferred order, I'll let you do that. I usually go from my left to my right, but if you guys have a preferred order, we'll just go with that. So please introduce yourself, and you have up to three minutes. When the little yellow light goes on, that means you have 30 seconds left, so please wrap up by the time it turns red. Thank you. Sir. Thank you, Madam Chair.
Good afternoon, members of the committee. My name is Jack Murphy, and I serve as the Government Affairs Director for the Colorado Nonprofit Association. We represent over 1,000 nonprofits across the state, encompassing every mission area and every region of Colorado. I appreciate the opportunity to speak in support of Senate Bill 118. Senate Bill 118 establishes clear and consistent practices concerning the transfer of legacy gifts between nonprofits and donors' financial institutions. While our members are incredibly grateful for their community's trust and generosity, we've consistently heard them express concerns and describe significant issues in receiving the gifts bequeathed by their donors upon their passing. Our members tell us that their experience working with various financial partners has been time-consuming, excessively burdensome, and in some cases compromising to their staff's sensitive personal information. As you've heard our sponsors outline, it has become a standard practice for financial institutions to require nonprofits to open a new account with their company as a means of executing the transfer. This amounts to an inconvenience for those who receive infrequent gifts and an enormous administrative burden for organizations where legacy giving is a significant part of their fundraising structure. Because of this practice, nonprofits are essentially required to become new customers of financial companies just to receive these donations. But this is just one of the issues. Our members also report that they must wait for excessive and unpredictable amounts of time to receive the gift. While some financial companies are able to process these exchanges in a matter of weeks, others take several months to a year to actually deliver the gift. This is disruptive to the nonprofit who experience different timelines with different companies, but it's also disruptive to the donors' final wishes in putting their donated dollars to work in their community. At the core of this bill, our members express their frustration with the requirement to share their staff's sensitive personal information to carry out these transfers. Though information about the beneficiary nonprofit may be required to comply with the relevant anti-money laundering and bank secrecy laws, requiring excessive staff information like home addresses, social security numbers, dates of birth, and even spousal information is unnecessary. The provisions in Senate Bill 118 establish consistent transfer timelines, standardize the information needed to execute the transfer, and prohibit the requirement to open new customer accounts. All of these solve this problem in a consistent and compliant manner. This is not a small or niche issue. We've learned that this issue impacts our state's largest nonprofit organizations as well as our small community nonprofits that deliver programs and services in a local way I like to also highlight through our stakeholder efforts we believe that this bill is compliant with the relevant federal and state laws We engaged banks and credit unions creditors estate and probate attorneys and of course legacy giving professionals to understand the landscape and inform our work. We've incorporated our partners suggested feedback to mitigate potential compliance issues and design a solution that meets all parties' needs. Thank you for your consideration of Senate Bill 118. On behalf of the Association. I respectfully ask for your support, and I'm happy to take any questions.
Thank you, and please let the record reflect that Senator Molica is here. And who would like to go next? Okay, please introduce yourself, and you have three minutes.
Hi, my name is John Krause. I'm the Executive Director of Gift Planning at the University of Denver. I'm also a member of the National Association of Charitable Gift Planners and have been a member of the Colorado Plan Giving Roundtable since 2008. and I'm pleased to be here to testify in support of SB 118. Something we often tell our donors is that naming a charity as beneficiary of one of their accounts is one of the easiest and most tax-efficient ways to make an impact after they're gone. It often only takes minutes to update the beneficiaries on one's accounts, and when the donor passes, these assets pass 100% tax-free to charity and bypass the probate process, meaning that they should be distributed much more quickly than other estate assets. What the donors don't realize is how burdensome the process can be on the back end. I'd like to give one example that illustrates this point. In March 2019, one of our beloved donors, Jean, passed away. She was a 1954 graduate of our business school and credited much of her success to her DU education. Jean had no children, and when she passed away, she wanted her entire estate to go into an endowed scholarship fund to support low-income students attending the Daniels College of Business. One year after her passing, we were notified of an IRA account of which we were previously unaware. The IRA custodian would not divulge any information about the account and required us to open a new account with them and provide confidential personal information on our officers in order to access the funds. We pushed back against the company, engaging with an external law firm and incurring legal fees in the process, but the company would not release the funds or provide legal rationale for this policy. After several months, we finally complied with their requirements and received a distribution of $2 million from Jean's IRA. This was two years after Jean had passed away. Had we received these funds when the donor passed away and invested them in our endowment, it would have produced an additional $90,000 annually in scholarship awards and allowed dozens more low-income students to attend DU. Instead, these funds sat in the company's coffers. Unfortunately, this story is not unique. There are similar stories from charities across the country and many of us in the plan-giving community have been working for years to enact change at the national level through the RIFT project, which stands for Release Institutional Funds Today. The RIFT project has been working directly with several financial institutions and has been successful in getting many of them to change their practices to be more friendly to charities and donors. Unfortunately, there are still some companies who are well aware of our concerns and know the potential solutions but have been unwilling to change your practices. In the absence of action at the federal level or at the level of the financial institutions themselves, this bill is necessary to protect Colorado charities. The nonprofit sector is under significant strain right now. Philanthropic dollars are needed more than ever to carry out our missions. This legislation helps ensure that our donors' wishes are carried out and that Colorado charities can access needed funds without undue burdens and delays Thank you Thank you And who up next Please introduce yourself and you have three minutes Thank you Madam Chair and the rest of the committee for allowing me to provide testimony in support of Senate Bill 118 today
My name is Teresa Garcia. I work as the plan giving officer at Colorado Public Radio and sit on the board of the Colorado plan giving roundtable. Each year, CPR receives between 15 and 25 new legacy gifts, likely because of beneficial tax reasons and more donor education, an increasing number of these gifts are coming via beneficiary designations. At the end of November 2024, one of our donors passed away. We were named the beneficiary on two of her accounts with different custodians. The total of both accounts was over $2 million. With custodian A, there was no expectation or requirement to open a new account. We simply filled out an entity acceptance form, sent in some corroborating documentation, and received that payment at the beginning of February 2025. This is really the exception that proves the rule. For Custodian B, we had to open a new business account, fill out multiple forms, and then spend months following up for the initial payment, which we didn't receive until May 13, 2025. And then even though we originally asked for the entirety of the account to be sent, a small amount remained under management for the next eight months until we could coordinate internally to zero out and close the account. Unfortunately, because of one unresolved outstanding stock position, we've been unable to fully close the account and still have a random empty account with this custodian because of their process. Many smaller nonprofits aren't fortunate enough to have a full-time plan giving person or someone whose job it is to administer these gifts. The staff hours this particular gift required were enormous, and it's fortunate, though never a guarantee to have a gift so large. We have another beneficiary designation gift right now for $8,000 that has required multiple hours of executive staff time, confusing forms, and a medallion signature guarantee to open an account with a different custodian in order to receive these funds. If we didn't have to do this, our team would be able to dedicate our time to activities supporting the mission of the organization, better aligning with the attention of the donor and their philanthropic goals in the first place. Thank you.
Thank you. And Ms. Morgan, please proceed.
Thank you, Madam Chair. I'm Allison Morgan with the Colorado Bankers Association. Colorado Bankers is in strong support of Senate Bill 118. We have participated in the stakeholder process from day one. I can honestly say there wasn't a lot that I knew about legacy giving at the beginning of this process and probably, unfortunately, know too much about the legacy-giving process as the bill was introduced. And it was, as President Coleman and Minority Leader Simpson said, it was a very robust stakeholder process. And if I never have to have another 5 o'clock Friday call, it would be too soon. But it was a good meeting, and there were a lot of people at the table. And as we had to work through concerns, we worked through those concerns, and we worked through processes. And what you have before you is a bill that works. It meets the needs of financial institutions, the timelines of financial institutions, and recognizes the need of every once in a while there may be a hiccup that says something in federal law says oops we might need something slightly longer than 60 days and we recognize that but that the norm is 60 days And the bankers strongly feel that this is legislation that can be complied with, meet the needs of what the donor has requested, what the nonprofits are seeking, and as you see throughout the bill, the concerns of the creditors and the credit agencies if the estate has issues later on in fulfilling those ends of the needs, and there's balance throughout the legislation. So we support this legislation in its present form.
Thank you. Thank you. Members, do you have any questions for this panel? Okay, well, I'm going to say, can anybody answer the question that I asked President Coleman earlier and Minority Leader Simpson? What if an estate takes longer to resolve? And not being a lawyer, I'm sure I'm using the wrong term, and I'm probably embarrassing Senator Snyder since I'm trying to channel his question. But, sir, please, it is. Hold on. I did get this right. I know I wrote it down incorrectly. Sorry. Mr. Cross, please go ahead.
Thank you. Yeah, thanks for the opportunity to address that. So what we are requesting is that 60 days from the date the financial institution has received the affidavit and all the required information from the nonprofit that is necessary to make the distribution. So it should happen a lot sooner than that, but we're giving them 60 days. once they have everything they need to basically produce the check and send it to us. One of the great things about beneficiary designations is it is not subject to probate. And so the purpose of a will or a trust or other estate planning documents are basically to govern any assets that don't already have a beneficiary designation or have not been titled to be received by someone. In the case of these accounts that have beneficiary designations, those can be liquidated within weeks of a donor's passing because they don't involve the estate or probate process at all.
Excellent. Thank you for helping me understand that better. Okay. Oh, and here is Senator Snyder, and I was just channeling Senator Snyder and asking my questions, but he can go and listen to the recording. Thank you, everybody, saying no for their questions for this panel. We will bring up the next panel, and please let the record reflect that Senator Snyder is here. We, oh, well, I think we only have one more panel. Please go ahead, Mr. President.
Thank you, Madam Chair. I would like to come up as you have virtually Jessica Ziedman with Jewish Family Services. You should also have Ashley Leder, Jamie Major, and also who was not signed up but can sign up is Naomi Amahov from Denver Foundation. yeah thank you and I think I have all those people here and if anybody else wants to testify on this bill this is actually your opportunity to come forward because we do have two free seats
so just FYI this is your last call for witnesses and we're going to start with our in-person witnesses and move to from left to right unless you have a preferred different order and then we'll go up to our online witnesses but please proceed good afternoon madam
chair and members of the committee my name is Ashley leader and I have served I've served in the nonprofit sector in Colorado for over 20 years. I serve on the Colorado Plan Giving Roundtable as a board member as well. I am here to represent the small to medium-sized nonprofits in our community today. I serve as the Director of Philanthropy for the Cat Care Society, which is a small cat shelter located in Lakewood operating since 1981. Small yet mighty. Our annual revenue is over $3.4 million, and of that 66% comes from bequests, including IRA gifts and transfer on death accounts. These gifts obviously are critical to our operations. They are not optional. Yet the process for receiving these gifts is a major undertaking. Our staff is small. It's just me. And so I can tell you that I have spent hundreds of hours completing these phone calls, these applications, these processes that are being required by these financial custodians. In one case, we were named a beneficiary of a $70,000 IRA gift. Despite our responding promptly and following all the instructions of the financial institution, the funds did not arrive for over a year. Now, $70,000 may not seem like much to some, but to us, that represents over 3% of our annual revenue budget of over $3 million. So, to small nonprofits like ours, facing challenges like opening mandatory accounts, giving personal information, months and months of paperwork and phone calls, it is all to receive funds that are already legally owed to the charity. These hoops offer no compliance benefit, they delay donor gifts, and they create unnecessary risk for the individuals, the staff that are required to provide this information. This bill solves this problem by creating a clear process and timeline for transferring these funds that will be directly given to charitable beneficiaries. For small charities like the Cat Care Society, this is mission critical. And I don't know about you, but opening 10-plus new accounts in a year and then having to close them is something that is an administrative burden that is unnecessary to a charity or a nonprofit. And in some cases, we've been told that we are not allowed to close the account for more than a year. They must hold it open for three years or more until we can close it. So keeping track of all of that is also administratively way too cumbersome. Please put the dollars of your donors to work immediately in our community, and thank you for your time and consideration.
Thank you. Please proceed.
Thank you. Good afternoon, Chair Kipp and members of the committee. Thank you for the opportunity to testify in support of Senate Bill 118. My name is Naomi Amaha, and I am the Director of Policy and Government Affairs for the Denver Foundation. We are a community foundation that's existed for 100 years and worked to connect and collaborate with community members to address current and future challenges. In our work as a funder of nonprofits of all sizes and a steward of donors' charitable gifts, we here have, and at times ourselves, experienced challenges when accepting various types of gifts. We see this bill as an opportunity to establish a baseline process for transferring legacy gifts between a financial institution and a charitable beneficiary. This will help nonprofits secure the dollars they need to do their work in community. My organization is really fortunate. We have a comprehensive financial department that can dedicate time to do the follow-ups, address additional requests from information. But we recognize that these administrative versions, as you've just heard and have heard in the previous panel, are quite significant. and they can either take away an individual attention from mission critical work or add to the additional work that they already have We feel that this bill addresses the challenges faced by the nonprofit and philanthropic sector again, by reducing administrative burdens, limiting delays in transferring gifted funds, and reducing the personal risk faced by nonprofit officers by sharing personal information. We believe that uniformity can bring a sense of certainty to nonprofits that's really important right now, especially as organizations are going through financial challenges and should be looking at different ways to bring in revenue for their ability to do their mission critical work. We also want to thank the proponents and the stakeholders for their deep work to understand the nuances in this process and for developing a framework that's workable for all parties involved in the transaction. At a time of increased cybersecurity risks, we appreciate any standardization of practices that can reduce the sharing of sensitive information. In closing, legacy gifts are for many and hopefully for MAR will become a key part of their fundraising streams, and we hope that this process and this bill will help to ensure that they can focus on delivering essential services and meeting community needs and not having to go through administrative processes. Thank you, and respectfully wish for you to vote yes.
Thank you. Please hold for questions, and we're going to go to our online witnesses. First up, we have Jamie Mager, or Mager, I'm not sure, but please correct me.
Yes, hello. Thank you, Chair and members of the committee. My name is Jamie Mauger. I am the Executive Director of the Office of Gift Planning at the University of Colorado and on the Executive Board for the Colorado Plan Giving Roundtable. The University of Colorado supports this proposal because of the real challenges our organization faces when trying to receive legacy gifts intended to support the university. In my role at CU, my team works to both support donors as they make gifts through their estate plan and after their life to help with the estate administration. The CU Foundation manages all of our philanthropic gifts on behalf of the university, and we work closely with them when administering these estate gifts. Planned gifts are those that someone makes as part of their estate plan when they pass away, and often include retirement accounts such as IRA designations made to the CU Foundation to support students, faculty, research, patient support, and programs across the university. These gifts reflect donors' deeply held values and their desire to make a lasting impact. IRA beneficiary designations are often encouraged as a first tool for donors to use in their estate planning because of the tax efficiency that they provide to donors and their heirs. Unfortunately, the current process for transferring these funds from financial institutions to charitable beneficiaries is inconsistent and often unnecessarily burdensome. As you've already heard today, the CU Foundation has also shared that in order to receive funds, executive team members and sometimes board members are required to open accounts at their holding financial institution. It often requires them to provide sensitive personal information simply so the foundation can receive a charitable gift. The beneficiary of the funds is the nonprofit entity, not the individual. The lack of clear timelines for transferring these can also lead to significant delays. Earlier this year, the CU Foundation experienced a situation where it took more than six months to receive a $200,000 IRA distribution from an institution. Despite multiple conversations with the estate and financial institution representatives, delays kept happening with no explanation as to why. In the meantime, the remainder of the estate could not be distributed until CU's portion was paid out, delaying the entire process for many nonprofits. When a donor includes a nonprofit organization as a beneficiary of their estate their intent is for that organization to receive the funds as fast as possible to start the impact immediately These delays mean the funds are not available to provide scholarship medical research or other important support This legislation would help solve these issues by establishing a clear process and timeline for institutions to transfer legacy gifts to charitable beneficiaries. It would allow nonprofits to receive funds through direct payment or transfer to their institution of choice without opening these accounts or sharing personal information. Please vote yes on Senate Bill 118 and help increase efficiency in charitable giving. For organizations like CU, these gifts can immediately support students and the university. Thank you.
Thank you. And please hold for questions. And then next up, we have Jessica Zeidman.
Hello, committee. Thank you for allowing us to present on this bill today.
I'm Jessica Zeidman, the Chief Advancement Officer for Jewish Family Service of Colorado. We are a human service agency, been around for 153 years, serving over 23,000 Coloradans each year. You've heard from my colleagues on how burdensome and cumbersome this process is. I cannot tell you how many accounts JFS has opened over the years just to be able to receive these funds. And closing these accounts are just as burdensome. And unfortunately, we have probably about 10 accounts right now with 25 cents, with 50 cents, 60 cents, because to divert staff resources to closing these accounts are just as burdensome to open them. But just last year, we had a terrible situation happen that really highlights the impacts of these laws and why this legislation is so critical. We received a $20,000 IRA contribution from a donor that had passed away, and it was administered by Charles Schwab. We did have to open up an account at Charles Schwab, and not only did our CEO have to put down personal information, like her date of birth, her driver's license, her social security number, She also had to put down her husband's social security number, as well as our board chair, our CFO, and our board secretary. Eventually, and this is many months later, through many calls and emails with the trust at Charles Schwab, the funds were finally distributed. Unfortunately, they were distributed to our CEO's personal account at Charles Schwab. Those donor beneficiaries were commingled with our CEO's personal financial investments and caused not only an incredible audit risk, a compliance risk, a donor integrity risk, so much paperwork, board time, staff time was taken to resolve this matter of the commingling of funds. This really exemplifies what the impacts of these laws have on nonprofits, where countless hundreds of hours were spent to fix these situations instead of serving our clients. So it's a very real-world example, but I hope you will take this to heart, and please vote to support Senate Bill 118.
Well, we close with quite a story. Thank you so much. Members, do we have questions for this panel? Okay, well, I think you've clearly made your case. So thank you so much. And with that, we've already had the last call for witnesses. We will bring our sponsors back up for the amendment phase. It does look like you have an amendment. Who would like to tell us about it?
Minority Leader Simpson. Thank you, Madam Chair. The department had to request a technical amendment. As you can tell, well, I'll go ahead and move amendment L-001 to Senate Bill 118. And that is a proper motion. And, oh. We passed them out before. Never mind. I won't say anything. I don't know. I'll be quiet. I didn say it Thank you Would you like to describe your amendment any further Thank you Madam Chair Again a department request a technical change strike 1151 and substitute section 1151.701, pursuant to its authority under part four of article 51 of title 11.
Excellent. Thank you so much. Members, do we have any questions about this amendment? or comments? Okay, seeing none, it's been moved.
Ms. Rudabish, will you play?
Oh, I guess no. Seeing none, is there any objection to L001? Seeing none. L001 is adopted. Any further amendments, sponsors? No.
No.
Members, any further amendments on our side? No. Seeing none, the amendment phase is closed. Who would like to close first?
Minority Leader Simpson.
Oh, Mr. President. Good bill vote yes.
Minority Leader Simpson. Thank you, Madam Chair and Committee. Thanks to everybody that testified. I guess one of the privileges of this job is learning things, like I didn't have experience or expertise or even a knowledge of some of these challenges, so it's been quite a life experience for me as well. So good bill vote yes, please. Thank you.
Senator Kolker. Thank you, Madam Chair. I just asked a few comments because this is what I do for a living, and I've experienced a lot of what the witnesses have said in delays, in frustrations of getting money out to beneficiaries. And all I've ever heard is, well, the FINRA says we have to do this. And, you know, all I've been saying is, I've taken a lot of time discussing with some of the people who have testified today to get clarity on what we're trying to do. I mean, the purpose here is for this money that has been donated to a beneficiary. And in this case, it's not an individual. It's charity. I have the same problems with individuals. The person has to set up an account. What I've heard from the charities is, you know, we would like it electronically fund transfer to their bank. And under the AML law, which is the anti-money laundering law, that bank has already verified that they're not laundering money. So I don't see a reason why this bill can't go forward. I don't see why they cannot implement what you're asking them to do. Even opening, they shouldn't even have to open an account in that institution. If they have a bank, it should go to the bank. The one loophole here is sending a check to a charity. And that's where they have to verify that this is not some sort of organization that's doing money laundering. The question and the concern that I have here is, are we overstepping our bounds on federal government regulations through FINRA? No one has been able to tell me. Okay? What's disappointing is no opposition, the people that are opposing this bill, did not come forward and testify and tell me. And come here and say, this is the FINRA statute. talking to the people who had testified who are trying to look up that statute. No one can find it. So until we get that information and I really wish Dora was here to give their interpretation, and I would suggest that they come forward and do their interpretation. This bill goes forward to the House. I just, it's all smoke and mirrors, and I appreciate you bringing this. I've had these frustrations for 20 years. I'd like to see these cleaned up. I'd like to see it cleaned up with individuals, too. But right now, we're just dealing with charities. so long explanation of why I'm supporting this bill but it is I think needed and there's just no idea of it's unconscionable why some of these companies keep the money when it's obvious that it's gone to the beneficiaries I appreciate this bill. Thank you
Thank you. Further comments questions? Okay I just do want to say on the whole opposition thing I was handed a packet and it's like okay and I understand somebody on one of the people working on the bill was mailed a 1,500-page document to explain FINRA with no line, page number, any reference, and then nobody signed up to testify in opposition. So, you know, if he's going to lobby against the bill, you should at least be able to explain why you oppose it. But I think your folks made an excellent case. And I will also say, you know, sometimes people always say to the legislature, why do you guys run so many bills? This is the kind of thing that we can fix because people are able to run bills. So really appreciate you guys bringing the solution forward and fixing a problem. So with that, an appropriate motion, Mr. Minority Leader, would be to the committee of the whole.
Thank you, Madam Chair. I move Senate Bill 118 as amended to the Committee of the Whole with a favorable recommendation.
Ms. Rudebush, will you please take the roll? Aye. Aye. Yes. Aye. Aye for today. Aye. Yes.
And Minority Leader Simpson. Thank you, Madam Chair. I would suggest we send this to the consent calendar. Thank you.
Is there any objection to this going to the consent calendar? Seeing none, this bill will be on the consent calendar. Thank you for being here today. Next we will be moving on to... Oh, yes, and I will just make this announcement for Mr. President. His kids need to go to college, so please return his packet folders. Okay, Mr. President, there you go. And HB 261003, Small Business Recovery Modifications, with Senator Kolker and Senator Marchman is up next.
Senator Gonzalez. Thank you, Madam Chair. Just as it relates to the last policy, I went and before we get into this next bill, I just want to say that I went to the Secretary of State's website to check who had registered what position in relation to the policy. and there were a number of organizations and entities that were signed up in an amend position and not but no formal opposition to the policy but I do really think that the point stands and I really appreciate Madam Chair and Senator Colker raising the concern because I do think that that matters deeply And so I just want to clarify that, because it's one thing to raise concerns and then not come and testify. and I wish that we would have more of that engagement if there are actual policy disagreements or what have you. But I just wanted to just make that note for the record.
Thank you, and thank you for correcting me. I guess it was an amend, not an oppose. Thank you. But I also, Madam Chair, to your point, it is the register. It's not coming to register said concerns on the mic, on the record, so that, you know.
So that they can be addressed later.
Exactly. Thank you. Yes, absolutely. Thank you. Senator Colker and Senator Marchman, who would like to go first?
It looks like Senator Marchman, please. Thank you, Madam Chair, and thank you, Committee, for hearing this bill. As you can see, this is House Bill 26-1003. It came from the House, clearly, with a lot of good support. What this does is it modernizes the CLIMR program. The Colorado Office of Economic Development and Trade administers the CLIMR. It provides affordable working capital loans to small businesses across Colorado by partnering with lenders, CDFIs, credit unions, and nonprofit lenders. They underwrite and deploy loans to support business stability, growth, and job retention. Since its creation, the Clymer Loan Program has delivered measurable statewide results. 273 small businesses funded across 33 counties. More than 2,150 existing jobs were supported, helping employers keep workers on payroll. 283 new jobs were created, showing climbers not just a stabilization tool, but a tool for growth, and statewide availability with intentional reach in underserved and distressed communities, including rural areas and businesses that have historically faced barriers to traditional financing. This came about as a part of the COVID situation and we are now going to modernize it. So I'm just really appreciative to be a part of this bill and I want to thank my co-prime for including me on it. Thank you.
Senator Colker. Thank you, Madam Chair. I was on a previous version of Climber back in 2024. We continue to make improvements to the plan as my co-sponsor has said, you know, where the money or how much is going out. The big purpose here is to free up money. Currently, we require a four-to-one leverage requirement, meaning for every dollar that the state puts in, we're requiring $4 from a private entity. This bill will change that to a one-to-one to make it easier and quicker to get money out to small businesses. It's also opening up more regional, more sector. Some of the borrowers would like to focus on certain industry, so it's making it more flexible. Adding five million to the Colorado Startup Loan Fund for microloans is also a big shot in the arm for very, very small businesses who tend to be in rural areas to make sure that they able to have access to capital So again these are areas where this is a bill that has improved access to capital We have the number one area receiving loans has actually been Pueblo County, 5.6 million in loans, Denver at 5 million, El Paso at 4.4 million from the Clymer funds. Number of applications, they were Denver and Arapaho County. So where the highest number of applications are smaller amounts or loans, actual physical loans, but dollar amounts were Pueblo, Denver, and El Paso. So I think it's a great opportunity for us to continue to support our small businesses, and I encourage an aye vote. Excellent.
Do we have questions for our bill sponsors?
Senator Mullica. Thank you, Madam Chair. Thank you both for bringing this and met with the department about this, and I appreciate what you're trying to do. Just out of curiosity, do you know the average loan amount? I'm just curious because it's not a huge dollar amount.
Senator Marchman. You're right. It's not much. I mean, it's something. It's $120,000 is generally what we're giving. So that's generally what the – and the loan life is usually one to ten years.
Ask Senator Mollica. Roughly, if so, and just correct me, is that for the $5 million that we're knocking it down to $5 million, so it'll be about roughly 40 loans-ish, or can you talk to me about that?
Senator Mark, oh, Senator Kolker. That's microloans. The $5 million is going to go to microloans. They're a lot smaller, and we can have the department answer that.
Did you have a follow-up, Senator Mollica?
Okay. Minority Leader Simpson, did you have a question?
Okay, I'm sorry. Anybody else have questions for our sponsors? Well, with that, we will go to our witness testimony. And we are going to bring up Treasurer Dave Young. And online we have Rosie Alberto McDonough, Marie Peters, Jonathan Singer. And we also have Steve Boyce from the Colorado Housing and Finance Authority for questions only. And since we only have plenty of chairs, I am going to invite anybody else in the room who wishes to testify and may not have signed up yet to come forward at this time. And with that, we're going to, I believe, start off with Treasurer Young. Thank you, Madam Chair.
Good afternoon. Good afternoon. And members of the committee, it's great to see you all. Thank you for the opportunity to testify. I am State Treasurer Dave Young, and I'm here today in support of House Bill 26-1003. Treasury worked with the General Assembly in 2020 to create the CLIMR program at the height of the COVID-19 pandemic, and that's when Colorado's small businesses were facing immediate and unprecedented economic disruption. The Department of the Treasury played a central role in standing up climber quickly to respond to those urgent needs, ensuring that capital could reach businesses at accessible interest rates when they needed it the most to survive. What began as an emergency response has since grown into an evergreen program that continues to serve small businesses across Colorado. Even as the program transitioned to the Office of Economic Development and International Trade, I have remained involved as the chair of the Climber Oversight Board. In that role, I work with lenders, economic development partners, and state agencies to ensure the program remains fiscally sound responsive and aligned to the real needs of small businesses House Bill 26 makes thoughtful updates to reflect how the economy has changed in the past few years During its quarterly meeting on Friday, January 30th, the Clymer Oversight Board reviewed the legislation. While the Board did not take a position on the bill, Board members generally view the bill as an improvement because it broadens the scope of the program and makes it more accessible. Lowering the private match requirement and increasing flexibility in deployment will help ensure climber capital is used efficiently and reaches more businesses faster. Board members expressed a desire to more fully understand how changes to the contribution ratios of private capital to state funds from the four-to-one requirement currently in the statutes to a permissive ratio as low as one-to-one might affect the amount of the state's first lost capital. This is a conversation I'm having with the staff at Oedit currently, and we'll always be happy to have conversations with the bill's sponsors as this bill moves forward today. I also support the transfer of funds to the Colorado Startup Loan Program, which plays a vital role, a valuable role, in serving entrepreneurs who often lack access to early-stage traditional financing. At the same time, I want to acknowledge an important concern that I have about the long-term sustainability of the program. While I'm supportive of this transfer, it is occurring alongside broader efforts to draw down Climber resources for use in filling the state's budget gaps. Climber remains a critical tool for small businesses, supporting jobs, local economies, and long-term resiliencies. If the reductions to Climber are necessary to balance the budget, I strongly hope that there is a clear plan to restore that funding in the future. Colorado's businesses continue to rely on this program, and access to affordable capital remains essential to their success. I remain fully committed to the Clymer Small Business Loan Program and to the small businesses that depend on it, and I appreciate the committee's consideration on this bill. I want to thank Senator Kulkler particularly for reaching out to me in advance of the introductions. So I thank you for your time. I'm happy to answer your questions as they come up. Thanks so much.
And, sir, I'm not sure I have you signed up. Can you give me your name?
I will be happy to. Thank you, Madam Chair. And, committee, my name is Sam Taylor. Okay.
So, Mr. Taylor, I don't have you signed up, so after your testimony, or after we're done with this panel, I'm going to ask you to go to the QR code and sign up just so we have you for our records. Please proceed. No, you can do that after.
What's that?
Please proceed. You can sign up after.
Oh, thank you. I thought I was already signed up. I apologize for that. You're fine. As I said, my name is Sam Taylor. I serve as a climber senior program manager at the Office of International Trade and Economic Development. I've staffed the climber program since 2022 and has seen its distribution in over half the counties in the state. The climber program was created by the legislature in 2020, as you heard, in response to the pandemic. And it was funded originally by one time sale of premium insurance tax credits. While support is needed at all stages of business lifespan, the Climber program was created to provide capital to existing businesses who are struggling for economic reasons outside of their control. Originally, that was the pandemic, and now Colorado companies are facing challenges as they adapt to changing federal trade policy, slow growth, and economic growth. and uncertainty in many aspects of the geopolitical environment. With the input from the lenders, the Oversight Board, and Colorado Housing and Finance Authority as the program administrator, the CLIMR program has evolved over the years to be able to provide the support of our small business community needs. Through CLIMR's Oversight Board, I apologize, The program has been largely flexible in responding to business needs ranging from loan size, term length, and creating a more comprehensive access to capital continuum by moving it from the Treasury to Oedit. The changes in this bill allow for better small business and lender support and the economic challenges being faced today. It makes two main changes. The first is that it does lower the private leverage from a 4-to-1 to as low as 1-to-1. This requirement, as it's been mentioned by the sponsor, matches the state's funding with private funding of four to one. It's been successfully matched in the past, but it is a slow and cumbersome process when you have to work with multiple banks, funders, all with different financial goals. This bill does adjust the leverage ratio so tranches or pools of capital can be formed more quickly as lenders have more demand from small business. With this change, we have the flexibility to raise the funds at a one-to-one or even two-to-one, three-to-one, or maintain it as a four-to-one as the oversight board sees fit. It will allow us to raise funds quicker, allow more CDFIs and nonprofit lenders to participate. It will also let us work with foundations to provide a tranche funding specific to a demographic, such as rural areas, if we fall below our benchmarks that are set by the oversight board. The second major change is the reallocation of $5 million from the Climber to the Startup Loan Fund, which provides not only loans to small businesses, but technical support as well. Thank you for considering the changes to a successful program to help it serve Colorado even better. Available questions.
Thank you. Excellent timing. We are going to go to our online witnesses, and then we will come back for any questions. So next up we have Marie Peters. Please proceed.
Good afternoon, members of the committee. My name is Marie Peters, and I'm the fund director at B-Side Capital and B-Side Fund, a Colorado-based nonprofit lender and community development financial institution, otherwise known as the CDFI. And I've worked in the Colorado economic development space for 17 years. B-Side provides responsible financing to underserved Colorado entrepreneurs, specializing in low-income communities by offering loans with flexible credit and collateral requirements that help businesses overcome traditional lending barriers, especially those with limited resources and opportunities. B-Side is a participating lender in both the Climber and the Colorado Startup Loan Fund. Since we began direct lending back in 2011, we've deployed over $27.5 million in capital, supporting over 400 businesses to help create or sustain 2,100 jobs across Colorado. Thank you for the opportunity to testify in support of House Bill 26-1003. Small businesses are the backbone of Colorado's economy, but access to capital remains one of the greatest barriers facing entrepreneurs, particularly those who are early stage, rural, or operating in communities that have been historically under-resourced. Programs like the Clymer Loan Fund and the Colorado Startup Loan Fund have been a powerful tool to help mission lenders like B reach these businesses In addition Climber and Colorado Startup Loan Fund allow community lenders to provide smaller more flexible loans, often with more patient underwriting and fewer collateral requirements. In addition, these state programs offer a lower cost, fixed interest rate pricing compared to other lending programs that we administer, which gives Colorado-based businesses a meaningful cost advantage and a greater stability as they grow. The bill continues to fulfill the program's purpose of assisting small businesses by deploying remaining funds through the existing lending network to help economic challenges entrepreneurs face today, such as rising costs, tighter credit markets and supply chain disruptions. Continuing to deploy these funds is critical for maintaining Colorado's small business ecosystem. HB 1003 provides a practical and necessary fix that will make it significantly easier for state partners and program managers to raise the required private match, assemble tranches, and deploy capital quickly to Colorado businesses. It also supports startup capital being transferred to the Carter Startup Loan Fund, which helps mission-based lenders finance entrepreneurs who are just getting their businesses off the ground. These early-stage businesses often face large capital gaps, and strengthening this program will ensure that Carter remains a place where innovation and entrepreneurship can thrive. Again, on behalf of B-Side and the entrepreneurs, I respectfully request that you support this bill and I am happy to answer any questions you may have. Sorry to go over. You're fine. Thank you
so much. And former representative Jonathan Singer is up next. Good afternoon members of the
committee. I'm Jonathan Singer, Senior Director of Policy Programs with the Boulder Chamber of Commerce. And when I heard the term climber loan, I thought it was during school kid pickup. And so I've got a playground in my background and I couldn't think of a more perfect metaphor actually. The start of the state, including Boulder and Boulder County, is proceeding. And the reason is the economic environment. But programs like the Climber Program have provided that solid foundation to be able to weather these storms more aptly. And the modernization is just one more step in the right direction to ensure that our policies keep up with the times. I'm not going to belabor the points here to say, other than to say that we support this bill, the amendments that were done in the House, and look forward to the committee. Thank you very much. Please hold for questions.
And then next up we have Steve Boyce from the Colorado Housing and Finance Authority. I have it that you're for questions only. Is that correct? Okay, then we will go to questions. Members, do we have questions for this panel?
Oh, Senator Snyder. Chair, I thank you everybody for being here. Usually I like to verbally spar with our esteemed treasurer, but since we have the administrator of the Climber Fund here, so Mr. Taylor, Under the 4 to 1, it seems to me we had a hard cap of $50 million estate money, hoping to raise $200 million in private investment.
How close did we get to that number under the 4 to 1 ratio?
Mr. Taylor.
Thank you Thank you for the question Senator Snyder We did do two different tranches The first tranche was a total of million raised and then the second was million raised Now, that $50 million was from the sale of the premium tax credits. And out of that $50 million was also the fees we pay the CDFIs, because by legislation we have to do below-market-rate loans, the lenders do, so we have to incentivize the nonprofit lenders to make those. So a lot of that money did come out of there. We also, there's legislation in the JBC to pull $15 million to help balance the budget from the hole we're in. So that, at a four-to-one, is a large chunk of loans we wouldn't be able to do either. So far, as of last December, we had gotten just under $35 million in actual small business loans out the door.
Okay.
Senator Snyder.
Thank you. And I know that these are longer-term loans, I think, than I'm thinking. But I'm just wondering, since we are targeting a community of folks that generally cannot access traditional sources of capital, do we have any numbers on default or anything like that as far as the loan repayment?
Mr. Taylor.
We do, actually. Thank you for asking. The two different tranches were very different because we came forward with the legislation. So I can go on tranche one, which was a five-year maximum loan length and low interest rate. And currently we do have, if you count late and already sent to collection, about a 12% loss rate in that.
Great. Thank you. Thank you.
Do we have further questions for this panel? Oh, Senator Mullica.
Thank you, Madam Chair. Thank you, Madam Chair. I don't know. This could be for the Treasury. It could be for the sponsors. Talking about funds and you're wanting to replenish funds, any talk about maybe utilizing the UPTF, also known as the Unclaimed Property Trust Fund?
Treasury Young.
I don't know if that was part of the conversation or not, but we'd love to.
Treasury Young, would you care to comment?
Madam Chair, yes, I would. Thank you very much. Senator Mullica, I'm a hard no. I know that's surprising to you, but, you know, I think what we have done, and I think we saw this in the last special session, the Treasury has worked on these tax credit sales to bring revenue from the future into the present to solve problems. That's what we did with the Clymer Loan program back in 2020. the Joint Budget Committee was cutting $2.2 billion out of the general fund. So there was not any money that we could put forward in the current budget in order to get the program even started. And so I think the tax credit sales were a good way to do that. That money has come in. It is general fund revenue, so it can be utilized in different ways, which is, you know, it's fungible if it's in the general fund. It was dedicated for the climber program, but certainly we understand the gravity of the budget situation, but also want to be sure that as the budget sun rises and gets sunnier that we actually have a plan to restore the funding, general fund funding to the program.
Oh, Senator Mullica.
Thank you, Madam Chair. Just a quick follow Mr Treasurer if you ever need help figuring out how to spend those UPTF dollars I know myself maybe Senator Gonzalez might be interested in having those conversations Senator Colker Marchman probably might be interested in those conversations as well So my phone's always available. Give me a call if you ever want to find something to do with those dollars. No, just an offer.
Senator Gonzalez.
Thank you, Madam Chair. Treasurer Young, as I recall it, last legislative session, Senator Mullica, I believe, owes this committee lunch. So you want to bring up UPTF? Let's bring it all up.
Okay, and Senator Kolker.
Thank you. I thought that Senator Mullica had already taken all the money out of the UPTF. So the question actually I have, Mr. Taylor, is, you know, you talked about below market rate loans. What is the interest rate that is typically seen on these loans?
Mr. Taylor.
Thank you. Sorry. I have to tell everybody, the thousands of people listening online, who you are. Thank you, Madam Chair. Senator Kolker, right now the current interest rate on the tranche we have, the funds are out there, is depending on the length of time, a maximum of 7.5 to 8.32 that a lender can charge. On the first tranche of funding, because our cost of capital was 2%, it was substantially lower. I believe it's been a while, but I think it was under 5 was the maximum they could charge.
Follow-up. Thank you. Just a follow-up on the revolving amount of loans. Are we getting interest back? are we getting the premiums back to maintain at this current $39 million funding level or $35 million funding level?
Mr. Taylor. Mr. Taylor.
Thank you. Right now, Chafa, who is on the phone, the Colorado Housing and Finance Authority, they are the administrator of the fund, and they have been directed that as the loans are paid back from the downstream lenders, the first payments go to the contributors that do that. Now, the first tranche doesn't close for just about another year, so it hasn't fully been repaid back. So any interest that the lenders pay goes to actually paying the contributors and paying that capital first. We should see if the losses stay where they are. We should see money revolve sometime early next year. It's not sure exactly how much because we do have an incentive payment for them to make good loans where they get a portion of the remaining money.
Senator Culkin.
Just a last question on either Mr. Boyce or Mr. Taylor is the economic benefit, the return on investment. I mean, do we have any studies, any numbers yet from these loans going out, what it's done for economic benefit?
Mr. Taylor.
We do have a few, and maybe Mr. Boyce will add to that. But so far, the program has helped maintain 2,286 jobs, and according to self-reporting by the borrowers, they have created 360 jobs based on the loans they've received.
Excellent. Mr. Boyce, would you like to comment on that question?
No. Thank you, Madam Chair. Yeah, I would just comment to Sam and his numbers. I mean, we track the number of loans that are going out to minority women veteran-owned businesses, as well as the number of jobs. So, I really don't have anything additional to add to that. So, thank you.
Wonderful. Thank you so much. Do we have any further questions for this panel? Seeing none, that brings our witness testimony to the end, since we've already had our last call. And Mr. Taylor, please don't forget to sign up on the QR code. That would be great. And let us continue. Let's bring our sponsors back up for the amendment phase. Sponsors, do you have any amendments?
Senator Marchman. Yeah, I just wanted to take everything out of the unclaimed property tax fund.
I'm teasing.
There's no amendment. No amendments. You want a conceptual amendment?
Yeah, not really.
Okay. No amendments. Do you have any other amendments?
The only amendment is there's $3.30 that's due to me from the unclaimed property tax. I can donate that to the Treasury. That's fine. Okay.
You know, that would be a good bill to be able to donate our money to the unclaimed property tax fund. Any other comments or any other amendments from the committee? Seeing none, the amendment phase is closed. who would like to close first senator colker thank you madam chair and committee as you've heard you
know this is a another way that was created during covid um we're adjusting it uh to continue supporting our small businesses all across the state making uh flexible loans and access to capital a lot more flexible you heard previously about the number of jobs that have been created again we talk about how we can help people in their kitchen table issues we can help small businesses. This is one of those things that we can do, so I urge an aye vote.
Senator Marchman. Thank you, Madam Chair, and I too urge an aye vote. There are $34 million left in this fund. We're going to take five to go support rural small businesses and other small businesses in the startup loan and then $29 for this with the lower bar, so hopefully the money will actually get to where it needs to go. So I appreciate you guys listening, and I appreciate the witnesses who came, and I urge your aye vote today.
Thank you. Comment from the committee? Senator Snyder.
Thank you, Madam Chair, and thank you to the bill's sponsors. Having been around for the inception of the CLIMR program, it was good to get an update to see how it's really working. I think it's been a very effective program. It was a creative way to finance it to begin with, with the tax credits. And I'm particularly proud that my county, El Paso County, has received and distributed $4,375,000 and has helped 37 businesses in El Paso County. It befuddles me a little bit that we're behind Puebla, but that's okay. But I think this is a good update, a good modification to the program to keep it viable, and I'll be happy to be voting yes today.
Thank you. Other comments from the committee? Okay, seeing none, an appropriate motion would be sadly to the Committee on Appropriations. Senator Kolker.
I move House Bill 261146 to the Committee on Appropriations. 1,003. I'm on the wrong bill. I moved ahead already, 1,003. House Bill 261003 I already moved to my next bill to the Committee on Appropriations.
Okay, well we could just skip the hearing for the next bill, but why don't we not? Thank you. Mr. Dmitter, but should you please take the roll?
Senator White.
Aye. Giselle. Aye. Wallace. Aye. Colter. Aye. Mullica. Yes. Simpson. Aye. Snyder. Aye. Archman. Aye.
Madam Chair Yes Senator Colker It appropriations Oh it appropriations yeah sadly okay Thank you We will now be moving on to SB 261146 with Senators Kolker and Kipp
Yay.
Thank you. All right. We have House Bill 1146.
Senator Kolker. Thank you, Madam Chair. Just wanted to present House Bill 1146. This is a bill to give employees of facility schools an opportunity to become members of PARA. That doesn't necessarily mean this is automatically going to put approved facility school members into PARA. They just don't even have that opportunity. And so we're opening that up in statute today. When this bill was talked about in the interim, I went and actually visited a facility school in my district, just down the street from where I live, not realizing it was there, and it was an eye-opener for me. facility schools are schools that take and work with students who aren't getting the support they need necessarily in the traditional school in the regular classroom many of them are one-on-one opportunities one-on-one classrooms to help these students that were required again to to help provide a public education to make sure that they're progressing through their life, through the education system. Littleton, for example, the school that I went and visited, they had students there who were nonverbal, autistic, kids who required severe, I should say severe, they required that one-on-one attention. The cost to the public school to send a kid to a facility school within my own school district for 200 days was $100,000 because of the needs of this one particular student. And they had students coming in from all over the area into this school. They had students from out in the eastern plains driving an hour, hour and a half into Centennial to attend that school. So the need is great. Keeping people who can work in this situation needs to be incentivized. Allowing them to belong to PARA opens up the pool of social workers, occupational therapists, psychologists, teachers to come work with these students. And that's really the heart to this bill. And so this is why I jumped onto the bill, again, giving them that opportunity to expand their pool.
Senator Kipp.
Thank you, Madam Chair. So, you know, currently facility schools are unable to apply to join PARA because they are not defined as an eligible employer in statute. For those facility schools which receive state and local funds who want to ensure their employees have access to retirement benefits on par with those of public school employees, this bill allows a facility school to apply for PARA. facility schools receive funding from contracts with school districts and the State Department or in the State Department of Education since these schools are delivering publicly funded educational services on behalf of districts opening them up to opt into PARA is consistent with the purpose of a public retirement system But today facility schools cannot opt into PARA which makes it harder for them to compete with school districts and other public employers when recruiting and retaining high-quality staff. You know, people who are qualified to do these positions and do it well are teachers who have probably a lot of experience. But do they want to opt out of whatever retirement, you know, their retirement that they're doing at their public school? No, they would rather come in and be able to continue with their current retirement. And that's what this bill does. And from Para's side, more people opting into Para is always a good thing, right? It's a whole cycle of life thing with Para. If we have fewer people paying in, we're not going to be able to continue to sustain Para long term. This will actually add employees, maybe a small number, but still, that's a good thing. We'd rather add employees into para rather than take them away. So I ask you for your yes vote.
Committee, do we have any questions for the sponsors? We only have two witnesses signed up, so we will go ahead and move on to the witness. If you guys want to stay there, you can. Your two witnesses are Michael Stepat and Amy Gearhart. If you guys could step up. They don't bite on Tuesdays. And we'll start with you. You've got three minutes. Thank you, Madam Chair and members of the committee.
My name is Michael Stepit, and I am the Director of Public and Government Affairs at Colorado PARA. Thank you for hearing this bill and allowing me to testify on PARA's position of support. This bill would create a statutory pathway for facility schools to apply for affiliation with PARA in the local government division. That is currently the only division in which employers can choose to opt in, and there's also a process for disaffiliation as well. About 150 of PERA's more than 500 employers are members of the local government division, and about 31 have affiliated since 2005. Upon affiliation, nearly all current employees will be members of PERA and pay in contributions, along with the employer paying in contributions. And again, thank you for your time, and that's the end of my prepared remarks.
Great. And you may begin.
Yes, good afternoon, Madam Chair and members of the Senate Finance Committee. I can't quite hear you.
Go closer.
Thank you.
That bites.
No, you're fine. My name is Amy Gearheart. I'm the CEO and founder of Spectra Centers, which is a facility school in Broomfield. Thank you for the opportunity to testify in support of House Bill 26-1146. I founded Spectra Centers in 2003 to provide opportunities for children and young adults with autism spectrum disorder and related forms of neurodiversity to be able to live and participate meaningfully at home, in school, and in their communities. We offer psychological counseling services, including therapy and clinical services. We provide therapy for children and adults in both individual and group settings. Specific to House Bill 261146 Spectra Centers operate Spectra School which is a Department of Education approved facility school that offers specialized programming for students ages 5 to 18 years with ASD autism and other forms of neurodiversity These are students who cannot be successful in a traditional classroom for a variety of reasons most often being challenging behaviors Giving facility schools the option to join para is something that our community has both needed and deserved. Schools like Spectra Centers are at a disadvantage for hiring and retaining talent. Our teachers have an incredibly challenging job. Burnout is common, but we're not able to offer our educators the same retirement benefits they could receive by teaching at a public school. HB 261146 changes this for us. We understand there is a significant employer contribution to join PARA, but it is an investment that we are eager to make to help show our teachers their value. We do also appreciate that this bill makes joining PARA optional rather than having it mandatory. Having that choice is important. I'm grateful for the work of the JBC and General Assembly to ensure their stable and ongoing investments in facility schools, and would like to thank Rep. Phillips, Rep. Hamrick, Adam Chair, and Kip. Yes, sorry, apologies. Senators Kip and Colker. Senators Kip and Colker for continuing the work to ensure facility schools are able to attract and retain staff who are essential to the successful operation of Spectra and other facility schools in our state. I'm happy to answer any questions and would offer an invitation to all members to visit Spectra Centers and witness the impactful work our staff and students do each day.
Thank you. And thank you, Ms. Gearhart. Does anyone have any questions? Senator Snyder.
Thank you, Madam Chair. Ms. Gearhart, you mentioned that you can't offer the same retirement benefits as a public school. Do you currently have any program for your employees as far as an individual retirement account, or how do you handle that? Ms. Gerhardt. Thank you, Senator Snyder. We do. We have recently in the last three years started a 401K. We do not offer matching at this point in time, but that is a new benefit that we have offered recently. Thank you.
Senator Snyder.
And Mr. Steppen, it seems like we're seeing a lot more of you this year than we have in the past, which I welcome that. So how would it work? I imagine a lot of these soon-to-be-eligible, if this bill passes, entities have different programs. Ms. Gerhardt has a 401k program that currently have a match. Will there be any recognition of what people have saved in the past, or will they all be starting right from scratch? Mr. Sebbett. Yeah, thank you, Madam Chair, and thank you, Senator Snyder, for the question. It will depend. it'll be very case specific. So employers, facility schools who choose to affiliate, they'll go through the normal process of affiliation, looking at the IRS test of how governmental the specific employer is, which includes things like sources of funding, control, a whole lot of factors. And then in terms of their employees, there's different options. So So a 401k could be rolled over to PARA's 401k. These folks will be joining the local government division, so they will have the choice between the PARA defined benefit plan and the PARA defined contribution plan. And they could also use their 401k to purchase service credit if they choose the defined benefit plan. So there's a lot of different options, and it'll vary, I think, between each different facility school.
Great. Thank you.
Mr. Steppen, I had a question. I was looking at the local government division rate, and it is for employer, it's 15.8%. versus the school divisions 21.4. I'm just curious if that rate could go up and could ever leave facility schools in a bad place if it were to. Yeah, thank you, Madam Chair, for the question. Employer and member contribution rates are subject to change due to the automatic adjustment provision. We've already implemented, so to speak, two of the four triggers of that provision. So it's possible that the employer base rate could take up another percent as well as the member rates another percent. In addition, the local government division has the defined contribution supplement, which is the case also for the state division. So any division that has the choice between the defined benefit plan or the defined contribution plan, there's a defined contribution supplement that's applied to those divisions based on how many people ultimately end up choosing the defined contribution plan. And that can fluctuate depending, again, on utilization. And then the only other thing worth mentioning, too, is the local government division is in a much better funding position currently than the school division. So that is partially why the contribution rates are a bit lower. Agreed. We appreciate you leaving the school division as is for now.
Great. Does anyone else have any questions? Seeing none, thank you for your testimony today. Oh, I do want to tour, Ms. Gearheart.
Our office will reach out but I would love a tour of your facility school Thank you Awesome Are there any other witnesses who would like to testify on House Bill 1146 Seeing none we going to close the witness phase
Sponsors, do we have any amendments? No, we do not. Okay. Committee, do we have any amendments?
Great. We do not have any amendments. Closing comments. Senator Kipp. You know, these are schools that serve some of our most vulnerable students. Let's help them attract and retain the teachers they need. I ask for your yes vote. Senator Colker. Good bill vote, yes.
Great. Any other comments? Seeing none, Ms. Rudabush, will you please? I'm sorry, we've got to move the bill. My bad. It's going to the cow.
Thank you. I move HB 26-1146 to the Committee of the Whole with a favorable recommendation.
Proper motion.
Now, Ms. Rudabush, will you please pull the committee?
Aye. Aye. Yes. Aye. Aye. Yes. Aye. Sponsors, Senator Kolker. I recommend the consent calendar.
Seeing no objection, this will be on the consent calendar. Seeing no business ahead of us, the Senate Finance Committee is adjourned. Thank you.