Committee unanimously advances bill to align Colorado tax‑lien and treasurer's‑deed rules with Tyler v. Hennepin

The House Finance Committee on April 13 unanimously forwarded Senate Bill 26‑144 to the Committee of the Whole, with a 10–0 roll‑call vote and one member excused. Sponsors described the measure as a technical but necessary update to Colorado's tax‑lien and treasurer's‑deed statutes in light of the U.S. Supreme Court's decision in Tyler v. Hennepin.

"The court held that the government can collect what it is owed, but it cannot take more than that debt," Representative Camacho told the committee, summarizing Tyler's holding and explaining that the bill builds statutory safeguards—public auctions to establish fair market value, uniform contestable procedures, and strengthened notice and due‑process protections—so owners' surplus equity is returned rather than kept by the government.

Treasurers and county officials testified in support. Holly Ryan, chief deputy public trustee for Douglas County, said the bill generally implements needed changes but identified a drafting conflict: language on page 41 (lines 23–26) appears to exempt treasurers, their staff and immediate family from restrictions that otherwise bar county officials from bidding at tax‑lien sales. "We have a complete problem with this because 11.5 ... says a treasurer acting in their individual capacity must not bid at a public auction held under 11.5," Ryan testified, and she urged the committee to strike or relocate the paragraph.

Larimer County Treasurer Irene Josie said the bill does not increase fees but moves fee authority into the treasurer statute so treasurer and public trustee fee schedules are aligned, and she expressed support for the bill's clarity and county‑friendly fixes. Representatives of the Colorado County Treasurers and Public Trustees Association also urged approval, calling the bill the product of broad stakeholder work and fine‑tuning after last year's emergency changes.

Committee members asked technical questions about whether the measure increases treasurer fees; witnesses said fee amounts remain the same but the statutory home and timing for fee adjustments are being aligned with public trustee practice. Sponsors and witnesses emphasized they will continue to refine drafting to remove the identified conflict.

Representative Camacho moved the bill to the Committee of the Whole with a favorable recommendation; the motion carried by roll call 10–0 with one excused. Supporters said the measure aims to protect property‑owner equity while making county implementation consistent and constitutionally safe.