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Controversial assessor-entry bill pulled after concerns over contractors and property rights

CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE · March 16, 2021
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Summary

Lawmakers paused HB 16-39 after extensive committee debate and public testimony raised property-rights, notice and background-check concerns about extending assessors' entry authority to employees and independent contractors; sponsor agreed to withdraw the bill for further work.

A bill clarifying that county assessors’ statutory authority to enter property for appraisal purposes extends to assessor employees and independent contractors was pulled from consideration after sustained opposition and requests for revisions.

Representative Jack Fortner introduced HB 16-39 to put in statute that assessor employees and contractors may enter property to conduct appraisals and reappraisals, reasoning that assessors cannot personally visit every parcel and that the practice already occurs in many counties. Sandra Collier, director of the Assessment Coordination Division, said assessors generally require identification from contractors, that counties publish notices about fieldwork and that contractors carry liability and workers' compensation insurance; she also said contractors do not typically enter locked gates and that interior access generally occurs only in appeal cases.

Committee members and public speakers raised multiple concerns. Senators asked whether background checks are codified for contractors (Collier said she did not know of a codified statewide background-check requirement and could not guarantee a uniform practice across every contractor). Members pressed whether property owners must receive individualized notice prior to entry and whether contractors would have qualified immunity; Collier said contractors must maintain liability insurance and do not receive qualified immunity.

Paul Calvert and other public commenters invoked constitutional protections and urged rejection or amendment of the bill, arguing that property owners should not be subject to government agents or contractors entering private land without stronger statutory safeguards. After extended debate about balancing fair taxation and property rights, the sponsor agreed to pull the bill and work with committee members on amendments.

What happens next: Representative Fortner agreed to withdraw HB 16-39 to develop amendments addressing members' concerns, including background checks, notice practices and liability protections.