Colorado 2022 Regular Session

Colorado House Bill HB1006 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0054.01 Ed DeCecco x4216
1	8		HOUSE BILL 22-1006
2		-	BY REPRESENTATIVE(S) Roberts and Van Winkle, Bacon, Bernett,
3		-	Bird, Cutter, Esgar, Exum, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay,
4		-	McCluskie, McCormick, Michaelson Jenet, Mullica, Pico, Ricks,
5		-	Sandridge, Titone, Valdez A., Valdez D., Van Beber, Williams, Young,
6		-	Froelich, Lontine, Sirota;
7		-	also SENATOR(S) Donovan and Smallwood, Buckner, Danielson, Fields,
8		-	Ginal, Gonzales, Hinrichsen, Hisey, Jaquez Lewis, Lee, Moreno, Pettersen,
9		-	Priola, Simpson, Sonnenberg, Story, Winter, Zenzinger, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Public & Behavioral Health & Human Services Finance
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING THE PROPERTY TAX EXEMPTION FOR PROPERTY USED AS AN
12		-	INTEGRAL PART OF A CHILD CARE CENTER
13		-	.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. Legislative declaration. (1) The general assembly
16		-	hereby finds and declares that:
17		-	(a) Section 5 of article X of the state constitution provides that
18		-	property that is used solely and exclusively for strictly charitable purposes
19		-	is exempt from property tax, unless otherwise provided by law;
20		-	(b) Under its constitutional authority to limit or modify this
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. exemption, the general assembly originally established a property tax
29		-	exemption that is more stringent than the constitutional requirement by
30		-	mandating ownership and irrevocable dedication of property in order for a
31		-	child care center's property to qualify for the statutory exemption;
32		-	(c) The state constitution requires only use for a strictly charitable
33		-	purpose and not ownership or irrevocable dedication of property to qualify
34		-	for the exemption;
35		-	(d) The act modifies the child care center exemption by repealing
36		-	the statutory ownership and irrevocable dedication requirements, which are
37		-	not expressly required by the state constitution;
38		-	(e) As such, whether property qualifies for the child care center
39		-	exemption will depend on whether it is used solely and exclusively for the
40		-	charitable purpose of operating a qualified child care facility;
41		-	(f) These changes allow property that is used by a tenant or
42		-	subtenant to operate a qualified child care center for strictly charitable
43		-	purposes to be eligible for the exemption;
44		-	(g) This policy change recognizes the critical link between child
45		-	care, economic development, and security for Colorado's families; and
46		-	(h) Providing this property tax exemption for landlords may
47		-	incentivize new spaces or reduced rents for tenants operating these types of
48		-	child care centers and could help reverse the loss of child care spots in
49		-	communities around the state and help workers, especially women, return
50		-	to work.
51		-	SECTION 2. In Colorado Revised Statutes, 39-3-110, amend (1)
52		-	introductory portion, (1)(f), (1)(g), and (1.5); and repeal (1)(h) as follows:
53		-	39-3-110. Property - integral part of child care center -
54		-	charitable purposes - exemption - limitations. (1) Property, real and
55		-	personal, which
56		-	THAT is owned and used solely and exclusively for strictly
57		-	charitable purposes and not for private gain or corporate profit shall be IS
58		-	exempt from the levy and collection of property tax if such property is used as an integral part of a child care center:
59		-	PAGE 2-HOUSE BILL 22-1006 (f) The operation of which does not materially enhance, directly or
60		-	indirectly, the private gain of any individual except as reasonable
	14	+	ONCERNING THE PROPERTY TAX EXEMPTION FOR PROPERTY USED AS101
	15	+	AN INTEGRAL PART OF A CHILD CARE CENTER .102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Under the state constitution, property that is used solely and
	24	+	exclusively for charitable purposes is exempt from property tax, unless
	25	+	otherwise provided by general law. Under this constitutional authority,
	26	+	there is currently an exemption for property used as an integral part of a
	27	+	child care center. Section 2 of the bill modifies this exemption by
	28	+	repealing the requirement that the property must be owned for strictly
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 9, 2022
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	May 6, 2022
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 29, 2022
	38	+	HOUSE
	39	+	2nd Reading Unamended
	40	+	April 28, 2022
	41	+	HOUSE SPONSORSHIP
	42	+	Roberts and Van Winkle, Bacon, Bernett, Bird, Cutter, Esgar, Exum, Herod, Hooton,
	43	+	Jodeh, Kennedy, Kipp, Lindsay, McCluskie, McCormick, Michaelson Jenet, Mullica, Pico,
	44	+	Ricks, Sandridge, Titone, Valdez A., Valdez D., Van Beber, Williams, Young
	45	+	SENATE SPONSORSHIP
	46	+	Donovan and Smallwood, Buckner, Danielson, Fenberg, Fields, Ginal, Gonzales,
	47	+	Hinrichsen, Hisey, Jaquez Lewis, Lee, Moreno, Pettersen, Priola, Simpson, Sonnenberg,
	48	+	Story, Winter, Zenzinger
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	51	+	Dashes through the words indicate deletions from existing statute. charitable purposes and not for private gain or corporate profit, and that
	52	+	the property must be irrevocably dedicated to a charitable purpose. These
	53	+	changes allow property that is used by a tenant or subtenant to operate a
	54	+	child care center to be eligible for the exemption, and the bill specifies
	55	+	that in such case, only the operator's use is to be considered for purposes
	56	+	of determining whether the property is eligible for the exemption.
	57	+	Section 3 requires such an operator, or the operator's authorized
	58	+	agent, to sign the exemption application form and to provide the property
	59	+	tax administrator with any requested information related to the
	60	+	exemption. Sections 4 and 5 make conforming amendments.
	61	+	Be it enacted by the General Assembly of the State of Colorado:1
	62	+	SECTION 1. Legislative declaration. (1) The general assembly2
	63	+	hereby finds and declares that:3
	64	+	(a) Section 5 of article X of the state constitution provides that4
	65	+	property that is used solely and exclusively for strictly charitable purposes5
	66	+	is exempt from property tax, unless otherwise provided by law;6
	67	+	(b) Under its constitutional authority to limit or modify this7
	68	+	exemption, the general assembly originally established a property tax8
	69	+	exemption that is more stringent than the constitutional requirement by9
	70	+	mandating ownership and irrevocable dedication of property in order for10
	71	+	a child care center's property to qualify for the statutory exemption;11
	72	+	(c) The state constitution requires only use for a strictly charitable12
	73	+	purpose and not ownership or irrevocable dedication of property to13
	74	+	qualify for the exemption;14
	75	+	(d) The act modifies the child care center exemption by repealing15
	76	+	the statutory ownership and irrevocable dedication requirements, which16
	77	+	are not expressly required by the state constitution;17
	78	+	(e) As such, whether property qualifies for the child care center18
	79	+	exemption will depend on whether it is used solely and exclusively for the19
	80	+	charitable purpose of operating a qualified child care facility;20
	81	+	1006-2- (f) These changes allow property that is used by a tenant or1
	82	+	subtenant to operate a qualified child care center for strictly charitable2
	83	+	purposes to be eligible for the exemption;3
	84	+	(g) This policy change recognizes the critical link between child4
	85	+	care, economic development, and security for Colorado's families; and5
	86	+	(h) Providing this property tax exemption for landlords may6
	87	+	incentivize new spaces or reduced rents for tenants operating these types7
	88	+	of child care centers and could help reverse the loss of child care spots in8
	89	+	communities around the state and help workers, especially women, return9
	90	+	to work.10
	91	+	SECTION 2. In Colorado Revised Statutes, 39-3-110, amend (1)11
	92	+	introductory portion, (1)(f), (1)(g), and (1.5); and repeal (1)(h) as12
	93	+	follows:13
	94	+	39-3-110. Property - integral part of child care center -14
	95	+	charitable purposes - exemption - limitations. (1) Property, real and15
	96	+	personal, which THAT is owned and used solely and exclusively for16
	97	+	strictly charitable purposes and not for private gain or corporate profit17
	98	+	shall be IS exempt from the levy and collection of property tax if such18
	99	+	property is used as an integral part of a child care center:19
	100	+	(f) The operation of which does not materially enhance, directly20
	101	+	or indirectly, the private gain of any individual except as reasonable21
61	102		compensation for services rendered or goods furnished;
62		-	AND
63		-	(g) The property of which is claimed for exemption does not exceed
64		-	the amount of property reasonably necessary for the accomplishment of the
65		-	exempt purpose. and
66		-	(h) The property of which is irrevocably dedicated to a charitable
67		-	purpose.
68		-	(1.5) (a) No requirement shall be imposed that use of property,
69		-	which is otherwise exempt pursuant to the provisions of this section, shall
70		-	benefit the people of Colorado in order to qualify for said exemption.
	103	+	AND22
	104	+	(g) The property of which is claimed for exemption does not23
	105	+	exceed the amount of property reasonably necessary for the24
	106	+	accomplishment of the exempt purpose. and
	107	+	25
	108	+	(h) The property of which is irrevocably dedicated to a charitable26
	109	+	purpose.27
	110	+	1006
	111	+	-3- (1.5) (a) No requirement shall be imposed that use of property,1
	112	+	which is otherwise exempt pursuant to the provisions of this section, shall2
	113	+	benefit the people of Colorado in order to qualify for said exemption. 3
71	114		(b) I
72		-	F A CHILD CARE CENTER IS OPERATED BY A PERSON OTHER THAN
73		-	THE OWNER OF THE PROPERTY
74		-	, THEN THE OTHER PERSON 'S USE OF THE
75		-	PROPERTY IS THE SOLE BASIS FOR DETERMINING WHETHER THE PROPERTY
76		-	MEETS THE REQUIREMENTS FOR THE EXEMPTION SET FORTH IN SUBSECTION
77		-	(1) OF THIS SECTION.
	115	+	F A CHILD CARE CENTER IS OPERATED BY A PERSON OTHER4
	116	+	THAN THE OWNER OF THE PROPERTY , THEN THE OTHER PERSON'S USE OF5
	117	+	THE PROPERTY IS THE SOLE BASIS FOR DETERMINING WHETHER THE6
	118	+	PROPERTY MEETS THE REQUIREMENTS FOR THE EXEMPTION SET FORTH IN7
	119	+	SUBSECTION (1) OF THIS SECTION.8
78	120		(c) T
79	121		O THE EXTENT THAT REAL PROPERTY TAXES ARE SHARED AND
80		-	PAYABLE BY ONE OR MORE TENANTS UNDER THE LEASE OF PROPERTY THAT
81		-	ARE NOT THE CHILD CARE CENTER
82		-	, REAL PROPERTY TAXES OTHERWISE DUE
83		-	BUT FOR THE APPLICATION OF THIS SECTION ARE DEEMED TAXES PAID BY THE
84		-	PROPERTY OWNER OR THE LANDLORD OF A PROPERTY LEASED IN PART TO
85		-	THE CHILD CARE CENTER
86		-	.
87		-	SECTION 3. In Colorado Revised Statutes, 39-2-117, amend
88		-	(1)(b)(I) as follows:
89		-	39-2-117. Applications for exemption - review - annual reports
90		-	- procedures - rules. (1) (b) (I) Any users of real and personal property for
91		-	which exemption from general taxation is requested pursuant to any of the
92		-	provisions of sections 39-3-107 to 39-3-113.5 may be required to provide
93		-	such information as the property tax administrator determines to be
94		-	necessary. I
95		-	F A CLAIM IS MADE FOR AN EXEMPTION UNDER SECTION
96		-	39-3-110, AND THE CHILD CARE CENTER IS OPERATED BY A PERSON OTHER
97		-	THAN THE OWNER OF THE PROPERTY
98		-	, THEN THE OTHER PERSON, OR THE
99		-	OTHER PERSON
100		-	'S AUTHORIZED AGENT, MUST:
101		-	PAGE 3-HOUSE BILL 22-1006 (A) ALSO SIGN THE OWNER'S APPLICATION FORM REQUIRED BY
102		-	SUBSECTION
103		-	(1)(a)(I) OF THIS SECTION, OR ANY OTHER FORM PRESCRIBED
104		-	AND FURNISHED BY THE ADMINISTRATOR
105		-	, UNDER THE PENALTY OF PERJURY
106		-	IN THE SECOND DEGREE
107		-	; AND
108		-	(B) PROVIDE THE ADMINISTRATOR WITH ANY REQUESTED
109		-	INFORMATION RELATED TO THE EXEMPTION
110		-	.
111		-	SECTION 4. In Colorado Revised Statutes, amend 39-3-101 as
112		-	follows:
113		-	39-3-101. Legislative declaration - presumption of charitable
114		-	purpose. The general assembly recognizes that only the judiciary may make
115		-	a final decision as to whether or not any given property is used for
116		-	charitable purposes within the meaning of the Colorado constitution;
117		-	nevertheless, in order to guide members of the public and public officials
118		-	alike in the making of their day-to-day decisions and to assist in the
119		-	avoidance of litigation, the general assembly hereby finds, declares, and
	122	+	9
	123	+	PAYABLE BY ONE OR MORE TENANTS UNDER THE LEASE OF PROPERTY THAT10
	124	+	ARE NOT THE CHILD CARE CENTER, REAL PROPERTY TAXES OTHERWISE DUE11
	125	+	BUT FOR THE APPLICATION OF THIS SECTION ARE DEEMED TAXES PAID BY12
	126	+	THE PROPERTY OWNER OR THE LANDLORD OF A PROPERTY LEASED IN PART13
	127	+	TO THE CHILD CARE CENTER.14
	128	+	SECTION 3. In Colorado Revised Statutes, 39-2-117, amend15
	129	+	(1)(b)(I) as follows:16
	130	+	39-2-117. Applications for exemption - review - annual reports17
	131	+	- procedures - rules. (1) (b) (I) Any users of real and personal property18
	132	+	for which exemption from general taxation is requested pursuant to any19
	133	+	of the provisions of sections 39-3-107 to 39-3-113.5 may be required to20
	134	+	provide such information as the property tax administrator determines to21
	135	+	be necessary. I
	136	+	F A CLAIM IS MADE FOR AN EXEMPTION UNDER SECTION22
	137	+	39-3-110,
	138	+	AND THE CHILD CARE CENTER IS OPERATED BY A PERSON OTHER23
	139	+	THAN THE OWNER OF THE PROPERTY , THEN THE OTHER PERSON, OR THE24
	140	+	OTHER PERSON'S AUTHORIZED AGENT, MUST:25
	141	+	(A) A
	142	+	LSO SIGN THE OWNER'S APPLICATION FORM REQUIRED BY26
	143	+	SUBSECTION (1)(a)(I) OF THIS SECTION, OR ANY OTHER FORM PRESCRIBED27
	144	+	1006
	145	+	-4- AND FURNISHED BY THE ADMINISTRATOR , UNDER THE PENALTY OF1
	146	+	PERJURY IN THE SECOND DEGREE; AND2
	147	+	(B) P
	148	+	ROVIDE THE ADMINISTRATOR WITH ANY REQUESTED3
	149	+	INFORMATION RELATED TO THE EXEMPTION .4
	150	+	SECTION 4. In Colorado Revised Statutes, amend 39-3-101 as5
	151	+	follows:6
	152	+	39-3-101. Legislative declaration - presumption of charitable7
	153	+	purpose. The general assembly recognizes that only the judiciary may8
	154	+	make a final decision as to whether or not any given property is used for9
	155	+	charitable purposes within the meaning of the Colorado constitution;10
	156	+	nevertheless, in order to guide members of the public and public officials11
	157	+	alike in the making of their day-to-day decisions and to assist in the12
	158	+	avoidance of litigation, the general assembly hereby finds, declares, and13
120	159		determines that the uses of property which
121		-	THAT are set forth in this ~~part 1~~
122		-	as uses for charitable purposes benefit the people of Colorado ~~and lessen the~~
123		-	burdens of government by performing services which
124		-	~~THAT government~~
125		-	~~would otherwise be required to perform. Therefore, property~~ used for such
126		-	~~purposes shall be presumed to be~~
127		-	~~USED, OR owned and used,~~ AS APPLICABLE,
128		-	~~solely and exclusively for strictly charitable purposes and~~ not for private
129		-	~~gain or corporate profit~~,
130		-	~~IF APPLICABLE, and, consequently,~~ property used for
131		-	~~such purposes is entitled~~ to ~~be exempt from~~ the ~~levy~~ and ~~collection of~~
132		-	~~property tax pursuant to the provisions of~~ this ~~part 1 and the Colorado~~
133		-	~~constitution. This legislative finding,~~ ~~declaration, determination,~~ and
134		-	~~presumption shall not be questioned by the administrator~~ and ~~shall be~~
135		-	~~entitled to great weight~~ in ~~any and every court.~~
136		-	~~SECTION 5. In Colorado Revised Statutes, 39-3-116, amend~~ (1)
137		-	~~and (2) introductory portion; and add (2.5) as follows:~~
138		-	39-3-116. Combination use of property - charitable, religious,
139		-	and educational purposes - exemption - limitations. (1) Except as
140		-	otherwise provided in this section, property, real and personal, which is
141		-	USED, OR owned and used, AS APPLICABLE, by the owner thereof or by ~~any~~
142		-	other person or organization solely and exclusively for any ~~combination of~~
143		-	the purposes specified in sections 39-3-106 to 39-3-113.5, subject ~~to the~~
144		-	~~PAGE 4-HOUSE BILL 22-1006~~ limitations and requirements in said sections, including but not limited to
145		-	~~the requirement that property not be owned or used for private or corporate~~
146		-	~~gain~~ or ~~profit, shall be IS exempt from the levy and collection of property~~
147		-	~~tax. No requirement~~ shall be ~~imposed that use of property which THAT is~~
148		-	~~otherwise exempt pursuant to any~~ of ~~said sections shall benefit the people~~
149		-	~~of Colorado in order~~ to ~~qualify for~~ said ~~exemption. Property which~~
150		-	~~THAT is~~
151		-	otherwise exempt pursuant to the provisions ~~of this section shall be IS~~
152		-	subject to the provisions of section 39-3-~~129 relating to the proportional~~
153		-	valuation of exempt property if such ~~property is partially leased, loaned, or~~
154		-	otherwise made available for a portion ~~of any calendar year to any business~~
155		-	conducted for profit.
	160	+	THAT are set forth in this part14
	161	+	1 as uses for charitable purposes benefit the people of Colorado and15
	162	+	lessen the burdens of government by performing services which THAT16
	163	+	government would otherwise be required to perform. Therefore, property17
	164	+	used for such purposes shall be presumed to be
	165	+	USED, OR owned and used,18
	166	+	AS APPLICABLE, solely and exclusively for strictly charitable purposes and19
	167	+	not for private gain or corporate profit,
	168	+	IF APPLICABLE, and, consequently,20
	169	+	property used for such purposes is entitled to be exempt from the levy and21
	170	+	collection of property tax pursuant to the provisions of this part 1 and the22
	171	+	Colorado constitution. This legislative finding, declaration, determination,23
	172	+	and presumption shall not be questioned by the administrator and shall be24
	173	+	entitled to great weight in any and every court.25
	174	+	SECTION 5. In Colorado Revised Statutes, 39-3-116, amend (1)26
	175	+	and (2) introductory portion; and add (2.5) as follows:27
	176	+	1006
	177	+	-5- 39-3-116. Combination use of property - charitable, religious,1
	178	+	and educational purposes - exemption - limitations. (1) Except as2
	179	+	otherwise provided in this section, property, real and personal, which is3
	180	+	USED, OR owned and used, AS APPLICABLE, by the owner thereof or by any4
	181	+	other person or organization solely and exclusively for any combination5
	182	+	of the purposes specified in sections 39-3-106 to 39-3-113.5, subject to6
	183	+	the limitations and requirements in said sections, including but not limited
	184	+	7
	185	+	to the requirement that property not be owned or used for private or8
	186	+	corporate gain or profit, shall be IS exempt from the levy and collection9
	187	+	of property tax. No requirement shall be imposed that use of property10
	188	+	which THAT is otherwise exempt pursuant to any of said sections shall11
	189	+	benefit the people of Colorado in order to qualify for said exemption.12
	190	+	Property which THAT is otherwise exempt pursuant to the provisions of13
	191	+	this section shall be IS subject to the provisions of section 39-3-12914
	192	+	relating to the proportional valuation of exempt property if such property15
	193	+	is partially leased, loaned, or otherwise made available for a portion of16
	194	+	any calendar year to any business conducted for profit.17
156	195		(2) E
157		-	XCEPT AS SET FORTH IN SUBSECTION (2.5) OF THIS SECTION, in
158		-	the event that such property is used by any person or organization ~~other than~~
159		-	the owner:
	196	+	XCEPT AS SET FORTH IN SUBSECTION (2.5) OF THIS SECTION,18
	197	+	in the event that such property is used by any person or organization other19
	198	+	than the owner:20
160	199		(2.5) S
161		-	UBSECTION (2) OF THIS SECTION DOES NOT APPLY TO
162		-	PROPERTY THAT IS USED AS AN INTEGRAL PART OF A CHILD CARE CENTER
163		-	OPERATED BY A PERSON OR ORGANIZATION OTHER THAN THE OWNER OF THE
164		-	PROPERTY AND THAT QUALIFIES FOR AN EXEMPTION UNDER SECTION
165		-	39-3-110.
166		-	SECTION 6. Act subject to petition - effective date -
167		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
168		-	the expiration of the ninety-day period after final adjournment of the
169		-	general assembly; except that, if a referendum petition is filed pursuant to
170		-	section 1 (3) of article V of the state constitution against this act or an item,
171		-	section, or part of this act within such period, then the act, item, section, or
172		-	part will not take effect unless approved by the people at the general
173		-	election to be held in November 2022 and, in such case, will take effect on
174		-	the date of the official declaration of the vote thereon by the governor.
175		-	PAGE 5-HOUSE BILL 22-1006 (2) This act applies to property tax years commencing after the
176		-	applicable effective date of this act.
177		-	____________________________ ____________________________
178		-	Alec Garnett Steve Fenberg
179		-	SPEAKER OF THE HOUSE PRESIDENT OF
180		-	OF REPRESENTATIVES THE SENATE
181		-	____________________________ ____________________________
182		-	Robin Jones Cindi L. Markwell
183		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
184		-	OF REPRESENTATIVES THE SENATE
185		-	APPROVED________________________________________
186		-	(Date and Time)
187		-	_________________________________________
188		-	Jared S. Polis
189		-	GOVERNOR OF THE STATE OF COLORADO
190		-	PAGE 6-HOUSE BILL 22-1006
	200	+	UBSECTION (2) OF THIS SECTION DOES NOT APPLY TO21
	201	+	PROPERTY THAT IS USED AS AN INTEGRAL PART OF A CHILD CARE CENTER22
	202	+	OPERATED BY A PERSON OR ORGANIZATION OTHER THAN THE OWNER OF23
	203	+	THE PROPERTY AND THAT QUALIFIES FOR AN EXEMPTION UNDER SECTION24
	204	+	39-3-110.25
	205	+	SECTION 6. Act subject to petition - effective date -26
	206	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following27
	207	+	1006
	208	+	-6- the expiration of the ninety-day period after final adjournment of the1
	209	+	general assembly; except that, if a referendum petition is filed pursuant2
	210	+	to section 1 (3) of article V of the state constitution against this act or an3
	211	+	item, section, or part of this act within such period, then the act, item,4
	212	+	section, or part will not take effect unless approved by the people at the5
	213	+	general election to be held in November 2022 and, in such case, will take6
	214	+	effect on the date of the official declaration of the vote thereon by the7
	215	+	governor.8
	216	+	(2) This act applies to property tax years commencing after the9
	217	+	applicable effective date of this act.10
	218	+	1006
	219	+	-7-