Colorado 2022 2022 Regular Session

Colorado House Bill HB1416 Introduced / Fiscal Note

Filed 05/04/2022

                    Page 1 
May 4, 2022   HB 22-1416  
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 22-1059  
Rep. Esgar; Neville 
Sen. Kolker; Rankin  
Date: 
Bill Status: 
Fiscal Analyst: 
May 4, 2022  
House SCVMA 
Greg Sobetski | 303-866-4105 
Greg.Sobetski@state.co.us  
Bill Topic: PROPERTY TAX ADMINISTRATIVE PROCEDURES  
Summary of  
Fiscal Impact: 
☒ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☒ TABOR Refund 
☒ Local Government 
☐ Statutory Public Entity 
 
The bill makes changes to procedures for property tax assessment appeals and 
amendments to property tax materials, and requires that certain information be 
included on notices of valuation. It increases state revenue, and state and local 
government expenditures, beginning in FY 2022-23. 
Appropriation 
Summary: 
For FY 2022-23, the bill requires an appropriation of $2,000 to the Department of Local 
Affairs. 
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. 
 
Table 1 
State Fiscal Impacts Under HB 22-1416 
 
  
Budget Year 
FY 2022-23 
Out Year 
FY 2023-24 
Revenue 	Cash Funds 	$16,000     	-     
 	Total Revenue 	$16,000 	- 
Expenditures 	General Fund 	$2,000        	-       
 	Cash Funds 	$16,000 	- 
 	Total Expenditures 	$18,000       	-       
Transfers  	-       	-       
Other Budget Impacts TABOR Refund 	$16,000        	-       
 	General Fund Reserve 	$300 	- 
 
 
 
 
   Page 2 
May 4, 2022   HB 22-1416  
 
Summary of Legislation 
The bill changes procedures for property tax assessment appeals and amendments to the property tax 
materials maintained by the state property tax administrator.  It also requires that certain content be 
included in notices of valuation. 
 
Property tax assessment appeals. The bill delays the current June 1 deadline for a property owner to 
file an assessment appeal to June 8 each year. 
 
The bill allows the owner of a rent-producing commercial property to have their appeal prioritized 
before the Board of Assessment Appeals if they file a written letter of objection, request prioritization, 
and are determined by their county assessor to have assembled the rental income, expenses, and 
tenant information required in current law.  The bill allows the board to assess a fee to defray the cost 
of expediting a taxpayer’s appeal.  Fee revenue is credited to a new Accelerated Appeal Cash Fund 
and continuously appropriated to the board. 
 
Amendments to property tax materials. The property tax administrator leads the Division of 
Property Taxation (DPT) in the Department of Local Affairs.  Under current law, the administrator 
maintains manuals and guidelines used by county assessors for property tax valuation and 
assessment, and may update these materials with input from an advisory committee. 
 
The bill requires that the administrator: 
 
 conduct a noticed public hearing prior to proposing any changes to property tax materials; 
 consider written and oral submissions of data, views, or arguments presented at the hearing; 
 accept and consider written petitions for the issuance, amendment or repeal of any property tax 
materials; and 
 notice meetings of the advisory committee, and include proposed changes to property tax 
materials in the notice. 
 
The bill allows the administrator to charge a fee to taxpayers who request hard copies of proposed 
changes to property tax materials by mail to defray the costs of printing and mailing.  Fees collected 
this way are continuously appropriated to the DPT. 
 
Notices of valuation. Under current law, each county assessor is required to mail notices of valuation 
to property owners in their county annually by May 1.  Current law allows an assessor to include an 
estimate of the taxes owed on the notice of valuation; the bill changes this allowance to a requirement. 
 
The bill also requires that notices of valuation alert property owners to the June 8 deadline to file an 
assessment appeal, and to the option to file a request for an abatement if the deadline is missed.  For 
commercial valuations, the bill requires that the notice inform a property owner that they may contact 
their assessor to learn how the property was valued. 
   Page 3 
May 4, 2022   HB 22-1416  
 
State Revenue 
The bill increases cash fund revenue by an estimated $16,000 in FY 2022-23, and by a minimal amount 
in later years.  The bill increases revenue from fees paid to the Board of Assessment Appeals and the 
DPT.  Fee revenue is subject to TABOR. 
 
Board of Assessment Appeals. The bill increases cash fund revenue to the board by an estimated 
$16,000 in FY 2022-23 and by a minimal amount in later years.  The board receives about 4,000 appeals 
annually.  The fiscal note assumes that 2 percent of appeals, or approximately 80 appeals per year, 
will be expedited under the bill, and that appellants will be charged a fee of $200 each.  Fee revenue 
is credited to the Accelerated Appeal Cash Fund and continuously appropriated to the board.  To the 
extent that the number of expedited appeals and the fee amount differs from these assumptions, 
revenue may be greater or less than estimated. 
 
Division of Property Taxation. The bill allows the DPT to assess a fee to mail copies of proposed 
changes to property tax materials to interested persons who request mailed copies. The revenue 
increase is assessed as minimal.  Any fee revenue received this way is continuously appropriated to 
the DPT. 
State Expenditures 
The bill increases state expenditures for the Board of Assessment Appeals by an estimated $18,000 in 
FY 2022-23, and increases its workload thereafter.  The bill also increases workload in the DPT.  These 
impacts are discussed below. 
 
Board of Assessment Appeals. The Board of Assessment Appeals requires a one-time expenditure 
of $18,000 in FY 2022-23 to update its software systems to accommodate the changes in the bill, in 
order to allow for expedited appeals and accept fee payments. This fiscal note assumes that $16,000 
of this expense can be paid from fee revenue collected in the Accelerated Appeal Cash Fund under 
the bill.  The remaining $2,000 requires a one-time General Fund expenditure in FY 2022-23 only. 
 
Any ongoing expenditure for expedited assessment appeals will be paid from fee revenue credited to 
the Accelerated Appeal Cash Fund. 
 
Division of Property Taxation. The bill increases DPT workload to notice and conduct public 
meetings. This workload is assessed as minimal and can be accomplished within existing 
appropriations.  If required, costs for mailing proposed changes to property tax materials to interested 
persons will be paid from fee revenues collected under the bill. 
Other Budget Impacts 
TABOR refunds. The bill increases cash fund revenue subject to TABOR, correspondingly increasing 
the state obligation for refunds to taxpayers by $16,000 in FY 2022-23.  Because TABOR refunds are 
paid from the General Fund, an increase in cash fund revenue subject to TABOR correspondingly 
decreases the amount of General Fund revenue available for other purposes. 
  Page 4 
May 4, 2022   HB 22-1416  
 
General Fund reserve requirement. Current law requires that an amount equal to 15 percent of 
General Fund appropriations for FY 2022-23 and subsequent years be held in reserve.  The bill is 
expected to increase General Fund appropriations in FY 2022-23, thereby increasing the General Fund 
reserve requirement by the amount shown in Table 1. 
Local Government  
The bill is expected to increase expenditures in county assessors’ offices to program changes to notices 
of valuation.  The expenditure increase is expected to be minimal for most assessors. 
Effective Date 
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no 
referendum petition is filed. 
State Appropriations 
For FY 2022-23, the bill requires a General Fund appropriation of $2,000 to the Department of Local 
Affairs. 
State and Local Government Contacts 
Counties County Assessors 
Information Technology Local Affairs 
Property Taxation 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each 
fiscal year.  For additional information about fiscal notes, please visit:  leg.colorado.gov/fiscalnotes.