Amendments for HB20-1004

House Journal, January 29
1 HB20-1004 be amended as follows, and as so amended, be referred to
2 the Committee on Finance with favorable
3 recommendation:
4
5 Amend printed bill, page 2, line 2, strike "24-32-128" and substitute
6 "23-31-310.5".
7
8 Page 2, line 4, strike "24-32-128." and substitute "23-31-310.5.".
9
10 Page 2, line 5, strike "report - repeal." and substitute "report -
11 definitions - repeal.".
12
13 Page 2, after line 11 insert:
14
15 "(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
16 REQUIRES:
17 (a) "DIRECTOR" MEANS THE DIRECTOR OF THE FOREST SERVICE.
18 (b) "FOREST SERVICE" MEANS THE COLORADO STATE FOREST
19 SERVICE IDENTIFIED IN SECTION 23-31-302 AND THE DIVISION OF
20 FORESTRY CREATED IN SECTION 24-33-104.".
21
22 Renumber succeeding subsections accordingly.
23
24 Page 2, line 22, after "AGENCY OF LOCAL GOVERNMENT," insert "A
25 COUNTY, A MUNICIPALITY,".
26
27 Page 2, line 23, strike "A FAITH BASED ORGANIZATION,".
28
29 Page 3, line 3, strike "DIVISION'S" and substitute "FOREST SERVICE'S".
30
31 Page 3, lines 13 and 14, strike "EXECUTIVE DIRECTOR OF THE
32 DEPARTMENT OF LOCAL AFFAIRS" and substitute "DIRECTOR".
33
34 Page 3, line 15, strike "EXECUTIVE".
35
36 Page 4, line 5, strike "(4)(n.5)(I)(A.5)" and substitute "(4)(n.5)(I)(A)".
37
38 Page 4, strike lines 9 through 18 and substitute:
39
40 "(n.5) (I) (A) For income tax years commencing on or after
41 January 1, 2014, but prior to January 1, 2017, and for income tax years
42 commencing on or after January 1, 2020, but prior to January 1, 2025,
43 JANUARY 1, 2021, an amount equal to fifty percent of a landowner's costs
44 incurred in performing wildfire mitigation measures in that income tax
45 year on his or her property located within the state; except that the amount
46 of the deduction claimed in an income tax year shall not exceed two
47 thousand five hundred dollars or the total amount of the landowner's
48 federal taxable income for the income tax year for which the deduction
49 is claimed, whichever is less.".
50
51 Page 4, line 20, strike "DECEMBER 31, 2027." and substitute "JANUARY 1,
52 2025.".
53
54 Page 4, after line 20 insert:
55
1 "SECTION 3. In Colorado Revised Statutes, add 39-22-543 as
2 follows:
3 39-22-543. Credit for wildfire hazard mitigation expenses -
4 legislative declaration - definitions - repeal. (1) THE GENERAL
5 ASSEMBLY DECLARES THAT THE PURPOSE OF THE TAX EXPENDITURE IN
6 THIS SECTION IS TO REIMBURSE A LANDOWNER FOR THE COSTS INCURRED
7 IN PERFORMING WILDFIRE MITIGATION MEASURES ON HIS OR HER
8 PROPERTY LOCATED WITHIN THE STATE.
9 (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
10 REQUIRES:
11 (a) "COSTS" MEANS ANY ACTUAL OUT-OF-POCKET EXPENSE
12 INCURRED AND PAID BY THE LANDOWNER, DOCUMENTED BY RECEIPT, FOR
13 PERFORMING WILDFIRE MITIGATION MEASURES. "COSTS" DO NOT INCLUDE
14 ANY INSPECTION OR CERTIFICATION FEES, IN-KIND CONTRIBUTIONS,
15 DONATIONS, INCENTIVES, OR COST SHARING ASSOCIATED WITH
16 PERFORMING WILDFIRE MITIGATION MEASURES. "COSTS" DO NOT INCLUDE
17 EXPENSES PAID BY THE LANDOWNER FROM ANY GRANTS AWARDED TO THE
18 LANDOWNER FOR PERFORMING WILDFIRE MITIGATION MEASURES.
19 (b) "LANDOWNER" MEANS ANY OWNER OF RECORD OF PRIVATE
20 LAND LOCATED WITHIN THE STATE, INCLUDING ANY EASEMENT,
21 RIGHT-OF-WAY, OR ESTATE IN THE LAND, AND INCLUDES THE HEIRS,
22 SUCCESSORS, AND ASSIGNS OF SUCH LAND. "LANDOWNER" SHALL NOT
23 INCLUDE ANY PARTNERSHIP, S CORPORATION, OR OTHER SIMILAR ENTITY
24 THAT OWNS PRIVATE LAND AS AN ENTITY, UNLESS THERE IS A DWELLING
25 ON THAT LAND THAT IS DESIGNED FOR RESIDENTIAL OCCUPANCY.
26 (c) "WILDFIRE MITIGATION MEASURES" MEANS THE CREATION OF
27 A DEFENSIBLE SPACE AROUND STRUCTURES; THE ESTABLISHMENT OF FUEL
28 BREAKS; THE THINNING OF WOODY VEGETATION FOR THE PRIMARY
29 PURPOSE OF REDUCING RISK TO STRUCTURES FROM WILDLAND FIRE; OR
30 THE SECONDARY TREATMENT OF WOODY FUELS BY LOPPING AND
31 SCATTERING, PILING, CHIPPING, REMOVING FROM THE SITE, OR PRESCRIBED
32 BURNING; SO LONG AS SUCH ACTIVITIES MEET OR EXCEED ANY COLORADO
33 STATE FOREST SERVICE STANDARDS OR ANY OTHER APPLICABLE STATE
34 RULES.
35 (3) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
36 1, 2020, BUT PRIOR TO JANUARY 1, 2025, A LANDOWNER IS ALLOWED A
37 CREDIT AGAINST THE INCOME TAXES IMPOSED BY THIS ARTICLE 22 IN AN
38 AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF UP TO TWO THOUSAND FIVE
39 HUNDRED DOLLARS IN COSTS FOR WILDFIRE MITIGATION MEASURES. THE
40 MAXIMUM TOTAL CREDIT IN A TAXABLE YEAR IS SIX HUNDRED TWENTY
41 FIVE DOLLARS.
42 (4) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2028.".
43
44 Renumber succeeding section accordingly.
45
46 Strike "DIVISION" and substitute "FOREST SERVICE" on: Page 2, lines 6,
47 12, and 14; Page 3, lines 5, 6, and 26; and Page 4, line 1.
48
49 Strike "DEPARTMENT OF LOCAL AFFAIRS" and substitute "FOREST SERVICE"
50 on: Page 3, lines 18 and 19 and line 25.
51
52

House Journal, February 26
10 HB20-1004 be amended as follows, and as so amended, be referred to
11 the Committee on Appropriations with favorable
12 recommendation:
13
14 Amend the Rural Affairs & Agriculture Committee Report, dated January
15 27, 2020, page 3, after line 3 insert:
16 "(b) "INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN
17 THE UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR
18 STATISTICS CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD
19 FOR ALL ITEMS PAID BY ALL URBAN CONSUMERS, OR ITS APPLICABLE
20 PREDECESSOR OR SUCCESSOR INDEX.".
21
22 Page 3 of the report, line 4, strike "(b)" and substitute "(c)".
23
24 Page 3 of the report, line 11, strike "(c)" and substitute "(d)".
25
26 Page 3 of the report, after line 19 insert:
27 "(3) (a) IN THE CASE OF TWO TAXPAYERS FILING A JOINT RETURN,
28 THE AMOUNT OF THE CREDIT SHALL NOT EXCEED SIX HUNDRED TWENTY
29 FIVE DOLLARS IN ANY TAXABLE YEAR. IN THE CASE OF TWO TAXPAYERS
30 WHO MAY LEGALLY FILE A JOINT RETURN BUT ACTUALLY FILE SEPARATE
31 RETURNS, ONLY ONE OF THE TAXPAYERS MAY CLAIM THE CREDIT
32 SPECIFIED IN THIS SECTION.
33 (b) IN THE CASE OF REAL PROPERTY OWNED BY TENANTS IN
34 COMMON OR JOINT TENANTS, THE CREDIT ALLOWED PURSUANT TO THIS
35 SECTION IS ONLY ALLOWED FOR ONE OF THE INDIVIDUALS OF THE
36 OWNERSHIP GROUP.".
37
38 Page 3 of the report, line 20, strike "(3)" and substitute "(4)".
39
40 Page 3 of the report, strike line 21 and substitute "1, 2021, BUT PRIOR TO
41 JANUARY 1, 2026, A LANDOWNER WITH A FEDERAL TAXABLE INCOME AT
42 OR BELOW ONE HUNDRED TWENTY THOUSAND DOLLARS FOR THE INCOME
43 TAX YEAR COMMENCING ON OR AFTER JANUARY 1, 2021, AS ADJUSTED FOR
44 INFLATION AND ROUNDED TO THE NEAREST HUNDRED DOLLAR AMOUNT
45 FOR EACH INCOME TAX YEAR THEREAFTER, IS ALLOWED A".
46
47 Page 3 of the report, strike line 27 and substitute:
48 "(5) IF THE AMOUNT OF A CREDIT UNDER THIS SECTION EXCEEDS
49 A TAXPAYER'S ACTUAL TAX LIABILITY FOR AN INCOME TAX YEAR, THE
50 AMOUNT OF THE CREDIT NOT USED TO OFFSET THE TAXPAYER'S INCOME
51 TAX LIABILITY IS NOT REFUNDED TO THE TAXPAYER AND SHALL NOT BE
52 CARRIED FORWARD AS A TAX CREDIT AGAINST THE TAXPAYER'S INCOME
53 TAX LIABILITY IN ANY SUBSEQUENT TAX YEAR.
54 (6) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2029.".".
55