Second Regular Session Seventy-third General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 22-1059.01 Pierce Lively x2059 HOUSE BILL 22-1416 House Committees Senate Committees State, Civic, Military, & Veterans Affairs Appropriations Appropriations A BILL FOR AN ACT C ONCERNING PROCEDURAL REQUIREMENTS FOR THE ADMINISTRATION101 OF PROPERTY TAX , AND, IN CONNECTION THEREWITH ,102 REQUIRING THE PROPERTY TAX ADMINISTRATOR TO MAINTAIN103 A LIST OF PERSONS INTERESTED IN RECEIVING NOTIFICATIONS104 ABOUT POSSIBLE AMENDMENTS TO PROPERTY TAX MANUALS ,105 REQUIRING PUBLIC HEARINGS WI TH NOTICE IN CONNECTION106 WITH AMENDMENTS TO PROPERTY TAX MANUALS , REQUIRING107 PETITIONS FOR CHANGES TO PROPERTY TAX MATERIALS TO BE108 IN WRITING, REQUIRING NOTIFICATION ABOUT THE109 OPPORTUNITY TO OBTAIN ADDITIONAL INFORMATION ABOUT110 THE VALUATION OF COMMERCIAL PROPERTY , REQUIRING111 NOTIFICATION ABOUT THE ABATEMENT PROCESS , ALLOWING112 FOR THE CORRECTION OF ERRORS IMPACTING VALUATION OF A113 SENATE 2nd Reading Unamended May 6, 2022 HOUSE 3rd Reading Unamended May 6, 2022 HOUSE Amended 2nd Reading May 5, 2022 HOUSE SPONSORSHIP Esgar and Neville, Baisley, Bernett, Bird, Bockenfeld, Garnett, Hooton, Jodeh, Lindsay, Lontine, McCluskie, Michaelson Jenet, Pelton, Pico, Rich, Ricks, Sandridge, Snyder, Soper, Titone, Valdez D., Van Winkle, Weissman, Williams SENATE SPONSORSHIP Kolker and Rankin, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. CLASS OR SUBCLASS OF PROPERTY , ESTABLISHING A PROCESS101 FOR ACCELERATED CONSIDERATION OF CERTAIN APPEALS, AND102 MAKING AN APPROPRIATION .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The property tax administrator is required by law to prepare and publish manuals, appraisal procedures, instructions, and guidelines (property tax materials) concerning the administration of property tax. Beginning January 1, 2023, section 1 of the bill requires the administrator to conduct a public hearing on a proposed change to the property tax materials prior to submitting the proposed change to the advisory committee to the property tax administrator. The administrator must publish notice of the hearing and mail notice to those people who so request. At the hearing, interested persons may submit information and the administrator is required to consider any submissions. Any interested person may also file a written petition to the administrator for the issuance, amendment, or repeal of any property tax material. At least 2 weeks prior to the advisory committee to the property tax administrator reviewing a proposed change to the property tax materials, section 2 requires the property tax administrator to publish notice about the proposed change. Under current law, an assessor may, with the permission of the board of county commissioners, include an estimate of property taxes owed in a notice of valuation. Section 3 requires an assessor to include this estimate and allows the assessor to include a range of values. Section 3 also requires any valuation sent to the owner of any real property to alert the property owner to the process of requesting an abatement if they do make a timely objection to their property's valuation. Likewise, any notice of valuation sent to the owner of commercial property must include contact information for the relevant county assessor and a specific statement directing the owner to contact the county assessor if needed for information on how the property was valued. Currently, a taxpayer who wishes to protest the valuation of their taxable real property must file a notice of their objection and protest with the assessor by June 1. Sections 3 and 4 extend this deadline to June 8. Section 4 requires an assessor who discovers any error that impacts the valuation of a class or subclass of property to recommend to 1416-2- the county board of equalization an adjustment to the class or subclass of property to correct the error. Section 5 requires the state board of assessment appeals to advance an appeal concerning the valuation of rent-producing commercial real property on the board of assessment appeals' calendar when the taxpayer provides certain relevant information and requests an advancement on or before July 15 of the same calendar year. This section also allows the board of assessment appeals to charge a fee to a taxpayer whose appeal the board of assessment appeals advances. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 39-2-109, amend2 (1)(e) and (1)(k); and add (2) as follows:3 39-2-109. Duties, powers, and authority - definition. (1) It is4 the duty of the property tax administrator, and the administrator shall have5 and exercise authority:6 (e) To prepare and publish from time to time manuals, appraisal7 procedures, and instructions, after consultation with the advisory8 committee to the property tax administrator and the approval of the state9 board of equalization, concerning methods of appraising and valuing10 land, improvements, personal property, and mobile homes, and to require11 their utilization by assessors in valuing and assessing taxable property.12 Said manuals, appraisal procedures, and instructions shall be based upon13 the three approaches to appraisal and the procedures set forth in section14 39-1-103 (5)(a). Such manuals, appraisal procedures, and instructions15 shall be subject to legislative review, the same as rules, and regulations, 16 pursuant to section 24-4-103 (8)(d). C.R.S. BEGINNING JANUARY 1, 2023,17 THE ADMINISTRATOR SHALL COMPLY WITH SUBSECTION (2) OF THIS18 SECTION WHEN MODIFYING THE MANUALS , APPRAISAL PROCEDURES, AND19 INSTRUCTIONS.20 1416-3- (k) To prepare and publish guidelines, after consultation with the1 advisory committee to the property tax administrator and approval of the2 state board of equalization, concerning the audit and compliance review3 of oil and gas leasehold properties for property tax purposes, which shall4 be utilized by assessors, treasurers, and their agents. Such guidelines shall5 be subject to legislative review, the same as rules, and regulations,6 pursuant to section 24-4-103 (8)(d). C.R.S. BEGINNING JANUARY 1, 2023,7 THE ADMINISTRATOR SHALL COMPLY WITH SUBSECTION (2) OF THIS8 SECTION WHEN MODIFYING THE GUIDELINES .9 (2) (a) A S USED IN THIS SUBSECTION (2), "PROPERTY TAX10 MATERIALS" MEANS THE MANUALS , APPRAISAL PROCEDURES ,11 INSTRUCTIONS, AND GUIDELINES THAT THE ADMINISTRATOR PREPARES12 AND PUBLISHES UNDER THE AUTHORITY CONFERRED BY SUBSECTIONS13 (1)(e) AND (1)(k) OF THIS SECTION.14 (b) P RIOR TO PROPOSING ANY CHANGES TO THE PROPERTY TAX15 MATERIALS, THE ADMINISTRATOR SHALL CONDUCT A PUBLIC HEARING16 DESCRIBED IN SUBSECTION (2)(d) OF THIS SECTION. NO LESS THAN TWO17 WEEKS PRIOR TO THE HEARING , THE ADMINISTRATOR SHALL PUBLISH18 NOTICE OF THE PROPOSED CHANGES TO THE PROPERTY TAX MATERIALS .19 T HE ADMINISTRATOR MUST INCLUDE IN THE NOTICE :20 (I) T HE DATE, TIME, AND PLACE OF THE HEARING; AND21 (II) E ITHER THE TERMS OR SUBSTANCE OF THE PROPOSED CHANGE22 OR A DESCRIPTION OF THE SUBJECTS AND ISSUES INVOLVED .23 (c) T HE ADMINISTRATOR SHALL MAINTAIN A LIST OF ALL PERSONS24 WHO REQUEST NOTIFICATION OF PROPOSED CHANGES TO THE PROPERTY25 TAX MATERIALS. ON OR BEFORE THE DATE OF THE PUBLICATION OF NOTICE26 REQUIRED BY SUBSECTION (2)(b) OF THIS SECTION, THE ADMINISTRATOR27 1416 -4- SHALL PROVIDE NOTICE VIA E-MAIL OF THE PROPOSED CHANGES TO ALL1 PERSONS ON THE LIST. THE ADMINISTRATOR SHALL NOT CHARGE A FEE FOR2 SENDING THIS E-MAIL NOTICE. UPON REQUEST OF A PERSON ON THE LIST,3 THE ADMINISTRATOR MAY MAIL THE NOTICE TO THE PERSON . ANY PERSON4 ON THE LIST WHO REQUESTS TO RECEIVE A COPY OF THE PROPOSED5 CHANGES BY MAIL MUST PAY A FEE TO THE ADMINISTRATOR THAT IS SET6 BASED UPON THE ADMINISTRATOR 'S ACTUAL COST OF COPYING AND7 MAILING THE PROPOSED CHANGES TO THE PERSON . ALL FEES COLLECTED8 BY THE ADMINISTRATOR ARE CONTINUOUSLY APPROPRIATED TO THE9 ADMINISTRATOR SOLELY FOR THE PURPOSE OF DEFRAYING THE COST OF10 THE NOTICE.11 (d) A T THE PLACE AND TIME STATED IN THE NOTICE , THE12 ADMINISTRATOR SHALL HOLD A PUBLIC HEARING AT WHICH THE13 ADMINISTRATOR SHALL AFFORD INTERESTED PERSONS AN OPPORTUNITY14 TO SUBMIT WRITTEN DATA, VIEWS, OR ARGUMENTS AND TO PRESENT THE15 SAME ORALLY UNLESS THE ADMINISTRATOR DEEMS IT UNNECESSARY . THE16 ADMINISTRATOR SHALL CONSIDER ALL SUBMISSIONS WHEN FINALIZING A17 PROPOSED CHANGE TO THE PROPERTY TAX MATERIALS THAT THE18 ADMINISTRATOR SUBMITS TO THE ADVISORY COMMITTEE TO THE19 PROPERTY TAX ADMINISTRATOR FOR THE ADVISORY COMMITTEE 'S REVIEW20 IN ACCORDANCE WITH SECTION 39-2-131 (1).21 (e) T HE ADMINISTRATOR SHALL ADOPT PROPOSED C HANGES TO THE22 PROPERTY TAX MATERIALS CONSISTENT WITH THE SUBJECT MATTER AS SET23 FORTH IN THE NOTICE REQUIRED BY SUBSECTION (2)(b) OF THIS SECTION24 PRIOR TO CONSIDERATION BY THE ADVISORY COMMITTEE TO THE25 PROPERTY TAX ADMINISTRATOR .26 (f) A NY INTERESTED PERSON SHALL HAVE THE RIGHT TO PETITION27 1416 -5- THE ADMINISTRATOR IN WRITING FOR THE ISSUANCE , AMENDMENT, OR1 REPEAL OF ANY PROPERTY TAX MATERIALS . THE PETITION IS OPEN TO2 PUBLIC INSPECTION. THE ADMINISTRATOR IS NOT REQUIRED TO TAKE ANY3 ACTION BASED ON A PETITION, BUT WHEN THE ADMINISTRATOR PROPOSES4 A CHANGE TO THE PROPERTY TAX MATERIALS , THE ADMINISTRATOR SHALL5 CONSIDER ALL RELATED WRITTEN PETITIONS .6 SECTION 2. In Colorado Revised Statutes, 39-2-131, add (3) as7 follows:8 39-2-131. Function of the committee - notice of proposed9 changes - property tax materials - definition. (3) (a) A T LEAST TWO10 WEEKS PRIOR TO THE ADVISORY COMMITTEE TO THE PROPERTY TAX11 ADMINISTRATOR REVIEWING A PROPOSED CHANGE TO THE PROPERTY TAX12 MATERIALS IN ACCORDANCE WITH SUBSECTION (1)(a) OF THIS SECTION,13 THE PROPERTY TAX ADMINISTRATOR SHALL PUBLISH NOTICE THAT14 INCLUDES:15 (I) T HE DATE, TIME, AND PLACE OF THE HEARING; AND16 (II) T HE PROPOSED CHANGES TO THE PROPERTY TAX MATERIALS .17 (b) A S USED IN THIS SUBSECTION (3), "PROPERTY TAX MATERIALS"18 HAS THE SAME MEANING AS SET FORTH IN SECTION 39-2-109 (2)(a).19 SECTION 3. In Colorado Revised Statutes, 39-5-121, amend20 (1)(a)(I); and add (4) as follows:21 39-5-121. Notice of valuation - legislative declaration - repeal.22 (1) (a) (I) No later than May 1 in each year, the assessor shall mail to23 each person who owns land or improvements a notice setting forth the24 valuation of such land or improvements. For agricultural property, the25 notice must separately state the actual value of such land or improvements26 in the previous year, the actual value in the current year, and the amount27 1416 -6- of any adjustment in actual value. For all other property, the notice must1 state the total actual value of such land and improvements together in the2 previous year, the total actual value in the current year, and the amount3 of any adjustment in total actual value. The notice must not state the4 valuation for assessment of such land or improvements or combination of5 land and improvements. Based upon the classification of such taxable6 property, the notice must also set forth the appropriate ratio of valuation7 for assessment to be applied to said actual value prior to the calculation8 of property taxes for the current year and that any change or adjustment9 of the ratio of valuation for assessment must not constitute grounds for10 the protest or abatement of taxes. With the approval of the board of11 county commissioners, The assessor may SHALL include in the notice an12 estimate of the taxes, OR AN ESTIMATED RANGE OF THE TAXES , owed for13 the current property tax year. If such estimate is included, The notice must14 clearly state that the tax amount is merely an estimate based upon the best15 available information. The notice must state, in bold-faced type, that the16 taxpayer has the right to protest any adjustment in valuation but not the17 estimate of taxes if such an estimate is included in the notice, the18 classification of the property that determines the assessment percentage19 to be applied, and the dates and places at which the assessor will hear20 such protest. The notice must also set forth the following: That, to21 preserve the taxpayer's right to protest, the taxpayer shall notify the22 assessor either in writing or in person of the taxpayer's objection and23 protest; that such notice must be delivered, postmarked, or given in24 person no later than June 1 JUNE 8; and that, after such date, the25 taxpayer's right to object and protest the adjustment in valuation is lost.26 The notice must be mailed together with a form that, if completed by the27 1416 -7- taxpayer, allows the taxpayer to explain the basis for the taxpayer's1 valuation of the property. Such form may be completed by the taxpayer2 to initiate an appeal of the assessor's valuation. However, in accordance3 with section 39-5-122 (2), completion of this form does not constitute the4 exclusive means of appealing the assessor's valuation. For the years that5 intervene between changes in the level of value, if the difference between6 the actual value of such land or improvements in the previous year and7 the actual value of such land or improvements in the intervening year as8 set forth in such notice constitutes an increase in actual value of more9 than seventy-five percent, the assessor shall mail together with the notice10 an explanation of the reasons for such increase in actual value.11 (4) (a) A NY NOTICE OF VALUATION REQUIRED BY SUBSECTIONS (1)12 AND (1.5) OF THIS SECTION SENT TO THE OWNER OF ANY REAL PROPERTY13 MUST INCLUDE THE FOLLOWING STATEMENT : "IF A PROPERTY OWNER DOES14 NOT TIMELY OBJECT TO THEIR PROPERTY 'S VALUATION BY JUNE 8 UNDER15 SECTION 39-5-122, C.R.S., THEY MAY FILE A REQUEST FOR AN ABATEMENT16 UNDER SECTION 39-10-114, C.R.S., BY CONTACTING THE COUNTY17 ASSESSOR.".18 (b) A NY NOTICE OF VALUATION REQUIRED BY SUBSECTIONS (1)19 AND (1.5) OF THIS SECTION SENT TO THE OWNER OF COMMERCIAL20 PROPERTY MUST INCLUDE CONTACT INFORMATION FOR THE RELEVANT21 COUNTY ASSESSOR ALONG WITH THE FOLLOWING STATEMENT : "IF YOU22 WOULD LIKE INFORMATION ABOUT THE APPROACH USED TO VALUE YOUR23 PROPERTY, PLEASE CONTACT YOUR COUNTY ASSESSOR .".24 SECTION 4. In Colorado Revised Statutes, 39-5-122, amend25 (1)(a) and (2); and add (6) as follows:26 39-5-122. Taxpayer's remedies to correct errors. (1) (a) On or27 1416 -8- before May 1 of each year, the assessor shall give public notice in at least1 one issue of a newspaper published in the assessor's county that,2 beginning on the first working day after notices of adjusted valuation are3 mailed to taxpayers, the assessor will sit to hear all objections and protests4 concerning valuations of taxable real property determined by the assessor5 for the current year; that, for a taxpayer's objection and protest to be6 heard, notice must be given to the assessor; and that such notice must be7 postmarked, delivered, or given in person by June 1 JUNE 8. The notice8 must also state that objections and protests concerning valuations of9 taxable personal property determined by the assessor for the current year10 will be heard commencing June 15; that, for a taxpayer's objection and11 protest to be heard, notice must be given to the assessor; and that such12 notice must be postmarked or physically delivered by June 30. If there is13 no such newspaper, then such notice must be conspicuously posted in the14 offices of the assessor, the treasurer, and the county clerk and recorder15 and in at least two other public places in the county seat. The assessor16 shall send news releases containing such notice to radio stations,17 television stations, and newspapers of general circulation in the county.18 (2) If any person is of the opinion that his or her property has been19 valued too high, has been twice valued, or is exempt by law from taxation20 or that property has been erroneously assessed to such person, he or she21 may appear before the assessor and object, complete the form mailed with22 his or her notice of valuation pursuant to section 39-5-121 (1) or (1.5), or23 file a written letter of objection and protest by mail with the assessor's24 office before the last day specified in the notice, stating in general terms25 the reason for the objection and protest. Reasons for the objection and26 protest may include, but shall not be limited to, the installation and27 1416 -9- operation of surface equipment relating to oil and gas wells on1 agricultural land. Any change or adjustment of any ratio of valuation for2 assessment shall not constitute grounds for an objection. If the form3 initiating an appeal or the written letter of objection and protest is filed by4 mail, it shall be presumed that it was received as of the day it was5 postmarked. If the form initiating an appeal or the written letter of6 objection and protest is hand-delivered, the date it was received by the7 assessor shall be stamped on the form or letter. As stated in the public8 notice given by the assessor pursuant to subsection (1) of this section, the9 taxpayer's notification to the assessor of his or her objection and protest10 to the adjustment in valuation must be delivered, postmarked, or given in11 person by June 1 JUNE 8 in the case of real property. In the case of12 personal property, the notice must be postmarked or physically delivered13 by June 30. All such forms and letters received from protesters shall be14 presumed to be on time unless the assessor can present evidence to show15 otherwise. The county shall not prescribe the written form of objection16 and protest to be used. The protester shall have the opportunity on the17 days specified in the public notice to present his or her objection in18 writing or protest in person and be heard, whether or not there has been19 a change in valuation of such property from the previous year and20 whether or not any change is the result of a determination by the assessor21 for the current year or by the state board of equalization for the previous22 year. If the assessor finds any valuation to be erroneous or otherwise23 improper, the assessor shall correct the error. If the assessor declines to24 change any valuation that the assessor has determined, the assessor shall25 state his or her reasons in writing on the form described in section26 39-8-106, shall insert the information otherwise required by the form, and27 1416 -10- shall mail two copies of the completed form to the person presenting the1 objection and protest so denied on or before the last regular working day2 of the assessor in June in the case of real property and on or before July3 10 in the case of personal property; except that, if a county has made an4 election pursuant to section 39-5-122.7 (1), the assessor shall mail the5 copies on or before August 15 in the case of both real and personal6 property.7 (6) I F, DURING THE APPEAL PROCESS DESCRIBED IN THIS SECTION ,8 THE ASSESSOR DISCOVERS ANY ERROR THAT IMPACTS THE VALUATION OF9 A CLASS OR SUBCLASS OF PROPERTY , THEN, PURSUANT TO SECTION10 39-8-102 (1), THE ASSESSOR SHALL RECOMMEND TO THE COUNTY BOARD11 OF EQUALIZATION AN ADJUSTMENT TO THE VALUATION OF THE CLASS OR12 SUBCLASS OF PROPERTY TO CORRECT THE ERROR .13 SECTION 5. In Colorado Revised Statutes, 39-2-125, add (2.5)14 as follows:15 39-2-125. Duties of the board - board of assessment appeals16 cash fund - creation - accelerated appeal cash fund. (2.5) (a) A LONG17 WITH COMPLAINTS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, A18 TAXPAYER'S APPEAL CONCERNING THE VALUATION OF RENT -PRODUCING19 COMMERCIAL REAL PROPERTY PURSUANT TO SECTION 39-8-108 (1) IS20 ADVANCED ON THE CALENDAR AND TAKES PRECEDENCE OVER OTHER21 MATTERS PENDING BEFORE THE BOARD , IF:22 (I) T HE TAXPAYER FILES A WRITTEN LETTER OF OBJECTION AND23 PROTEST UNDER SECTION 39-5-122 (2) OR 39-5-122.7 (2) AND, ON OR24 BEFORE JULY 15 OF THE SAME CALENDAR YEAR, THE TAXPAYER PROVIDES25 TO THE ASSESSOR THE INFORMATION DESCRIBED IN SECTION 39-8-10726 (5)(a)(I);27 1416 -11- (II) THE TAXPAYER REQUESTS THE PRIORITIZATION UNDER THIS1 SUBSECTION (2.5) AT THE TIME THE APPEAL IS FILED WITH THE BOARD; AND2 (III) T HE ASSESSOR, UPON ISSUING THE WRITTEN DETERMINATION3 REGARDING THE OBJECTION AND PROTEST REQUIRED BY SECTION 39-5-1224 (2) OR 39-5-122.7 (2), VERIFIES THAT THE TAXPAYER HAS MET THE5 REQUIREMENTS OF SUBSECTIONS (2.5)(a)(I) AND (2.5)(a)(II) OF THIS6 SECTION.7 (b) T HE BOARD OF ASSESSMENT A PPEALS MAY CHARGE A FEE TO8 A TAXPAYER WHOSE APPEAL IS ADVANCED PURSUANT TO THIS SUBSECTION9 (2.5). THE FEE MUST BE:10 (I) B ASED UPON THE BOARD OF ASSESSMENT APPEALS ' ACTUAL11 COSTS IN ADVANCING THE TAXPAYER 'S APPEAL; AND12 (II) D EPOSITED IN THE ACCELERATED APPEAL CASH FUND , WHICH13 IS HEREBY CREATED IN THE STATE TREASURY . THE STATE TREASURER14 SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT15 AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . MONEY IN THE16 FUND IS CONTINUOUSLY APPROPRIATED TO THE BOARD OF ASSESSMENT17 APPEALS TO DEFRAY THE COSTS ASSOCIATED WITH ADVANCING A18 TAXPAYER'S APPEAL.19 SECTION 6. In Colorado Revised Statutes, 39-8-108, add20 (5)(a.5) as follows:21 39-8-108. Decision - review - opportunity to submit case to22 arbitration. (5) In any appeal authorized by this section or by section23 39-5-122, 39-5-122.7, or 39-10-114:24 (a.5) THE VALUATION MAY NOT BE ADJUSTED TO A VALUE OF MORE25 THAN FIVE PERCENT ABOVE THE VALUATION SET BY THE COUNTY BOARD26 OF EQUALIZATION PURSUANT TO SECTION 39-8-107, EXCEPT AS27 1416 -12- SPECIFICALLY PERMITTED PURSUANT TO SECTION 39-5-125.1 SECTION 7. Appropriation. (1) For the 2022-23 state fiscal2 year, $2,000 is appropriated to the department of local affairs for use by3 the board of assessment appeals. This appropriation is from the general4 fund. The board may use this appropriation to implement this act.5 SECTION 8. Act subject to petition - effective date. This act6 takes effect at 12:01 a.m. on the day following the expiration of the7 ninety-day period after final adjournment of the general assembly; except8 that, if a referendum petition is filed pursuant to section 1 (3) of article V9 of the state constitution against this act or an item, section, or part of this10 act within such period, then the act, item, section, or part will not take11 effect unless approved by the people at the general election to be held in12 November 2022 and, in such case, will take effect on the date of the13 official declaration of the vote thereon by the governor.14 1416 -13-