SENATE BILL 22-220
BY SENATOR(S) Hansen and Rankin, Bridges, Buckner, Coram,
Donovan, Jaquez Lewis, Lee, Pettersen, Priola, Smallwood, Story, Winter,
Fenberg;
also REPRESENTATIVE(S) McCluskie and Esgar, Bernett, Bird,
Bockenfeld, Cutter, Herod, Hooton, Lindsay, Michaelson Jenet, Titone.
C
ONCERNING THE PROPERTY TAX DEFERRAL PROGRAM , AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 39-3.5-101, add (2.5)
as follows:
39-3.5-101. Definitions. As used in this article 3.5, unless the
context otherwise requires:
(2.5) "S
TATE TREASURER " INCLUDES A THIRD -PARTY
ADMINISTRATOR THAT ENTERS INTO A CONTRACT WITH THE STATE
TREASURER TO ADMINISTER THE PROPERTY TAX DEFERRAL PROGRAM
CREATED IN THIS ARTICLE
3.5 IN ACCORDANCE WITH SECTION 39-3.5-103.5
(2).
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SECTION 2. In Colorado Revised Statutes, 39-3.5-102, amend
(1)(a) and (1)(c)(I) as follows:
39-3.5-102. Deferral of tax on homestead - qualifications - filing
of claim. (1) (a) Subject to the provisions of this article ARTICLE 3.5, a
person who is sixty-five years of age or older or who is a person called into
military service on January 1 of the year in which the person files a claim
under this section may elect to defer the payment of real property taxes. To
exercise this option, the taxpayer shall
MUST file a claim for deferral with
the treasurer of the county in which the taxpayer's homestead is located
STATE TREASURER. The claim shall MUST be filed after January 1 and on or
before April 1 of each year in which the taxpayer claims the deferral.
(c) (I) Subject to the provisions of this article 3.5, including the
limitations set forth in subsection (1)(c)(II) of this section, beginning
January 1, 2023, a person who is not otherwise eligible for deferral under
this section may elect to defer the payment of the portion of real property
taxes that exceed the person's tax-growth cap. To exercise this option, the
taxpayer must file a claim for deferral with the treasurer of the county in
which the taxpayer's homestead is located STATE TREASURER. The taxpayer
must file the claim after January 1 and on or before April 1 of each year in
which the taxpayer claims the deferral.
SECTION 3. In Colorado Revised Statutes, 39-3.5-103, amend
(1)(d.5)(II) as follows:
39-3.5-103. Property entitled to deferral. (1) In order to qualify
for real property tax deferral under this article 3.5, the property shall meet
all of the following requirements at the time the claim is filed and so long
thereafter as payment is deferred:
(d.5) (II) For purposes of this paragraph (d.5)
SUBSECTION (1)(d.5),
the actual value of the property shall be the most recent appraisal by the
county assessor as of the time the claim for deferral is submitted. to the
county treasurer.
SECTION 4. In Colorado Revised Statutes, add 39-3.5-103.5 as
follows:
PAGE 2-SENATE BILL 22-220 39-3.5-103.5. State treasurer - program administration - rules.
(1) T
HE STATE TREASURER MAY CONDUCT A PUBLIC EDUCATION CAMPAIGN
ABOUT THE PROPERTY TAX DEFERRAL PROGRAM CREATED IN THIS ARTICLE
3.5.
(2) T
HE STATE TREASURER MAY CONTRACT WITH A THIRD PARTY TO
ADMINISTER THE PROPERTY TAX DEFERRAL PROGRAM ON BEHALF OF THE
STATE TREASURER
.
(3) T
HE STATE TREASURER MAY PROMULGATE RULES , IN
ACCORDANCE WITH ARTICLE
4 OF TITLE 24, RELATED TO THE
ADMINISTRATION OF THE PROPERTY TAX DEFERRAL PROGRAM
.
SECTION 5. In Colorado Revised Statutes, 39-3.5-104, amend (1)
introductory portion as follows:
39-3.5-104. Claim form - contents. (1) A taxpayer's claim for
deferral shall
MUST be in writing on a form prescribed AND SUPPLIED by the
state treasurer and supplied by the county treasurer and shall MUST:
SECTION 6. In Colorado Revised Statutes, 39-3.5-105, amend (1);
and add (1.5) as follows:
39-3.5-105. Listing of tax-deferred property - tax as lien -
interest accrual. (1) If eligibility for deferral of homestead property is
established as provided in this article ARTICLE 3.5, THE STATE TREASURER
SHALL ISSUE A CERTIFICATE OF DEFERRAL
, WHICH INCLUDES THE NAME OF
THE TAXPAYER
, THE DESCRIPTION OF THE PROPERTY, THE AMOUNT OF TAX
DEFERRED
, AND THE YEAR FOR WHICH THE DEFERRAL WAS GRANTED , AND
RECORD THE CERTIFICATE OF DEFERRAL WITH THE COUNTY CLERK AND
RECORDER IN THE COUNTY WHERE THE PROPERTY IS LOCATED
. THE STATE
TREASURER SHALL NOTIFY THE COUNTY TREASURER OF A PROPERTY
'S
ELIGIBILITY AND PROVIDE THE COUNTY TREASURER WITH THE CERTIFICATE
OF DEFERRAL
, AND the county treasurer shall:
(a) Enter in his
THE COUNTY TREASURER'S records a notation that the
property is tax-deferred;
(b) (I) Promptly, upon designation of the property as tax-deferred,
issue a certificate of deferral, which shall include the name of the taxpayer,
PAGE 3-SENATE BILL 22-220 the description of the property, the amount of tax deferred, and the year for
which the deferral was granted. The certificate shall be recorded in the
county records and thereafter sent to the state treasurer. One copy shall be
given to the assessor, and RETAIN one copy shall be retained in the county
treasurer's office.
(II) Promptly, upon designation of a mobile home as tax-deferred,
the owner of the mobile home shall surrender title to the property to the
county clerk and recorder
STATE TREASURER. The county clerk and recorder
shall, pursuant to the provisions of article 29 of title 38, C.R.S., make
application with the department of revenue for issuance of a new certificate
of title with a record of the lien of the state treasurer. This procedure shall
be followed for each subsequent year that the property is deferred. The
county treasurer shall issue a certificate of deferral, which shall include the
name of the taxpayer, the description of the property, the amount deferred,
and the tax year for which the deferral was granted, and shall send such
certificate to the state treasurer. One copy shall be given to the county
assessor, and one copy shall be retained in the county treasurer's office.
Upon satisfaction of said THE lien, the state treasurer shall release the lien
from said THE title.
(1.5) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
A COUNTY CLERK AND RECORDER SHALL NOT CHARGE A FEE FOR RECORDING
THE CERTIFICATE OF DEFERRAL IN ACCORDANCE WITH SUBSECTION
(1) OF
THIS SECTION
.
SECTION 7. In Colorado Revised Statutes, 39-3.5-105.5, amend
(2) as follows:
39-3.5-105.5. Loan of state money to taxpayers. (2) Interest on
a loan for property tax deferral shall accrue at the rate specified in section
39-3.5-105 (5). The interest shall accrue beginning April 30
MAY 1 of the
calendar year in which the deferral is claimed until the date on which such
THE loan is repaid.
SECTION 8. In Colorado Revised Statutes, 39-3.5-106, add (3) as
follows:
39-3.5-106. State treasurer to pay county treasurer an amount
equivalent to deferred taxes. (3) I
F A TAXPAYER DEFERS ALL OR PART OF
PAGE 4-SENATE BILL 22-220 THE PROPERTY TAXES DUE FOR A PROPERTY TAX YEAR AND THE COUNTY
TREASURER RECEIVES A PAYMENT FROM
, OR ON BEHALF OF, THE TAXPAYER
SO THAT THE TOTAL RECEIVED FROM THE STATE TREASURER AND THE PAYER
IS GREATER THAN THE TAXPAYER
'S PROPERTY TAXES DUE, THEN THE COUNTY
TREASURER SHALL REFUND THE EXCESS TO THE PAYER OF THE TAXES
.
SECTION 9. In Colorado Revised Statutes, 39-3.5-107, amend (2)
as follows:
39-3.5-107. Repayment of loans - release of liens - disposition of
payments. (2) If repayment of a loan for deferred taxes is tendered to the
A TAXPAYER MUST TENDER REPAYMENTS OF A LOAN FOR DEFERRED TAXES
TO THE STATE TREASURER
, AND THE STATE TREASURER SHALL GIVE THE
TAXPAYER A RECEIPT THEREFOR
. A county treasurer he or she
shall NOT
accept payment, give a receipt therefor, and forthwith transmit the money
collected to the state treasurer A REPAYMENT.
SECTION 10. In Colorado Revised Statutes, amend 39-3.5-108 as
follows:
39-3.5-108. Notice to taxpayer regarding duty to claim deferral
annually. At the time the treasurer sends the annual real property tax AS
SOON AS PRACTICABLE AFTER
JANUARY 1, THE STATE TREASURER SHALL
SEND A DEFERRAL
notice to any taxpayer who has claimed a deferral of
property taxes in the previous calendar year. he shall enclose a deferral
notice. The deferral notice shall MUST be substantially in the following
form:
To: (name of taxpayer)
If you want to defer the collection of ad valorem property taxes on
your homestead for the assessment year ending on December 31,
, you
must file a claim for deferral not later than April 1, , in the office of the
county treasurer WITH (STATE TREASURER OR THE NAME OF THIRD -PARTY
ADMINISTRATOR
, IF APPLICABLE). Forms for filing such
THE claims are
available at the county treasurer's office (WEBSITE AND MAILING ADDRESS
FOR STATE TREASURER OR THIRD
-PARTY ADMINISTRATOR, IF APPLICABLE).
If you fail to file your claim for deferral on or before April 1,
,
your real property taxes will be due and payable in accordance with the
PAGE 5-SENATE BILL 22-220 schedule set out in the enclosed tax notice YOU SEPARATELY RECEIVED
FROM YOUR COUNTY TREASURER
.
If you change your permanent address at any time during the
assessment year ending on December 31,
, you must notify the county
assessor STATE TREASURER promptly.
SECTION 11. In Colorado Revised Statutes, amend 39-3.5-109 as
follows:
39-3.5-109. Failure to receive notices. Failure to receive the notice
provided for in this article ARTICLE 3.5 is not a defense in any proceeding
for the collection of taxes or for the foreclosure of a tax lien. N
EITHER the
STATE treasurer NOR A COUNTY TREASURER is not
personally liable for
failure to give such notices.
SECTION 12. In Colorado Revised Statutes, 39-3.5-110, amend
(1)(c) and (1)(d); and add (1)(d.5) and (1.5) as follows:
39-3.5-110. Events requiring repayment of loans - notice to state
treasurer. (1) All loans for deferred real property taxes, including accrued
interest, shall become payable subject to sections 39-3.5-111 and
39-3.5-112 when:
(c) The property is no longer the homestead of the taxpayer who
claimed the deferral, except in the case of a taxpayer required to be absent
from such tax-deferred property by reason of ill health
OR BECAUSE THE
PROPERTY IS UNINHABITABLE AS A RESULT OF NATURAL CAUSES
;
(d) The tax-deferred property no longer meets the requirements
REQUIREMENT of section 39-3.5-103 (1)(c); or (1)(f);
(d.5) THE TAX-DEFERRED PROPERTY NO LONGER MEETS THE
REQUIREMENT OF SECTION
39-3.5-103 (1)(f), EXCEPT IN THE CASE OF A
PROPERTY WHOSE VALUE HAS DECREASED AS A RESULT OF NATURAL
CAUSES
;
(1.5) T
HE EXCEPTIONS RELATED TO NATURAL CAUSES SET FORTH IN
SUBSECTIONS
(1)(c) AND (1)(d.5) OF THIS SECTION APPLY FOR THREE YEARS
FROM THE DATE OF THE NATURAL CAUSE OR UNTIL THE DATE THAT THE
PAGE 6-SENATE BILL 22-220 PROPERTY IS NO LONGER VALUED AS VACANT RESIDENTIAL LAND ,
WHICHEVER DATE IS SOONER.
SECTION 13. In Colorado Revised Statutes, 39-3.5-111, amend
(3) as follows:
39-3.5-111. Time for payment - delinquencies. (3) If a loan for
deferred taxes and accrued interest is not paid on the due date, such
amounts are delinquent as of that date, and the state treasurer shall
MAY
foreclose the deferred tax lien.
SECTION 14. Appropriation. (1) For the 2022-23 state fiscal
year, $1,725,883 is appropriated to the department of the treasury for use by
the administration division. This appropriation is from the general fund. To
implement this act, the division may use this appropriation as follows:
(a) $788,184 for personal services, which amount is based on an
assumption that the division will require an additional 16.0 FTE; and
(b) $937,699 for operating expenses.
SECTION 15. Safety clause. The general assembly hereby finds,
PAGE 7-SENATE BILL 22-220 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 22-220