Colorado 2022 Regular Session

Colorado Senate Bill SB220 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. 22-0907.01 Ed DeCecco x4216
1	8		SENATE BILL 22-220
2		-	BY SENATOR(S) Hansen and Rankin, Bridges, Buckner, Coram,
3		-	Donovan, Jaquez Lewis, Lee, Pettersen, Priola, Smallwood, Story, Winter,
4		-	Fenberg;
5		-	also REPRESENTATIVE(S) McCluskie and Esgar, Bernett, Bird,
6		-	Bockenfeld, Cutter, Herod, Hooton, Lindsay, Michaelson Jenet, Titone.
	9	+	Senate Committees House Committees
	10	+	Finance Finance
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING THE PROPERTY TAX DEFERRAL PROGRAM , AND, IN CONNECTION
9		-	THEREWITH
10		-	, MAKING AN APPROPRIATION.
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 39-3.5-101, add (2.5)
13		-	as follows:
14		-	39-3.5-101. Definitions. As used in this article 3.5, unless the
15		-	context otherwise requires:
	14	+	ONCERNING THE PROPERTY TAX DEFERRAL PROGRAM , AND, IN
	15	+	101
	16	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Currently, there is a property tax deferral program (program) for
	25	+	the state to make a secured loan to a qualified taxpayer to pay property
	26	+	taxes owed for the taxpayer's homestead. In 2021, the general assembly
	27	+	enacted legislation to expand the program and required the governor's
	28	+	office, in consultation with the state treasurer, to commission a study of
	29	+	the program and make recommendations for possible changes. The bill
	30	+	HOUSE
	31	+	Amended 3rd Reading
	32	+	May 11, 2022
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	May 10, 2022
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	May 2, 2022
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 29, 2022
	42	+	SENATE SPONSORSHIP
	43	+	Hansen and Rankin, Bridges, Buckner, Coram, Donovan, Fenberg, Jaquez Lewis, Lee,
	44	+	Pettersen, Priola, Smallwood, Story, Winter
	45	+	HOUSE SPONSORSHIP
	46	+	McCluskie and Esgar, Bernett, Bird, Bockenfeld, Cutter, Herod, Hooton, Lindsay,
	47	+	Michaelson Jenet, Titone
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	50	+	Dashes through the words indicate deletions from existing statute. implements some of those recommendations, among other things.
	51	+	The bill shifts current administrative responsibilities from county
	52	+	treasurers to the state treasurer. This includes requiring:
	53	+	! A taxpayer to file a claim for deferral with the state
	54	+	treasurer (section 2 of the bill);
	55	+	! The state treasurer to supply the deferral forms (section 5);
	56	+	! The state treasurer to issue the certificate of tax deferral
	57	+	and record the certificate with the appropriate county clerk
	58	+	and recorder free of charge (section 6);
	59	+	! The county treasurer to refund any overpayment on an
	60	+	account that has been deferred to the person who paid the
	61	+	taxes (section 8);
	62	+	! A taxpayer to tender repayment of the loan to the state
	63	+	treasurer (section 9); and
	64	+	! The state treasurer to send a deferral notice to taxpayers
	65	+	who have previously deferred property taxes, which notice
	66	+	has been updated to reflect the state treasurer's
	67	+	administrative role (section 10). Section 11 provides that
	68	+	the state treasurer cannot be held personally liable for
	69	+	failure to provide notices relating to property in the
	70	+	program.
	71	+	In addition, section 4 permits the state treasurer to:
	72	+	! Conduct a public education campaign about the program;
	73	+	! Contract with a third party to administer the program on
	74	+	behalf of the state treasurer; and
	75	+	! Promulgate rules for the administration of the program.
	76	+	Section 12 creates an exception to the requirement that a loan
	77	+	becomes payable for a taxpayer when a property becomes uninhabitable
	78	+	and loses its value as a result of natural causes, which is currently defined
	79	+	for property taxes to mean "fire, explosion, flood, tornado, action of the
	80	+	elements, act of war or terror, or similar cause beyond the control of and
	81	+	not caused by the party holding title to the property destroyed".
	82	+	Section 13 permits the state treasurer to foreclose a deferred tax
	83	+	lien once taxes and accrued interest become delinquent, instead of
	84	+	requiring such foreclosure.
	85	+	Sections 1 and 3 make conforming amendments and sections 6
	86	+	and 7 correct a defect with the initial date that interest accrues on a
	87	+	program loan to be consistent with another statute and current practice.
	88	+	Be it enacted by the General Assembly of the State of Colorado:1
	89	+	SECTION 1. In Colorado Revised Statutes, 39-3.5-101, add (2.5)2
	90	+	as follows:3
	91	+	220-2- 39-3.5-101. Definitions. As used in this article 3.5, unless the1
	92	+	context otherwise requires:2
16	93		(2.5) "S
17		-	TATE TREASURER " INCLUDES A THIRD -PARTY
18		-	ADMINISTRATOR THAT ENTERS INTO A CONTRACT WITH THE STATE
19		-	TREASURER TO ADMINISTER THE PROPERTY TAX DEFERRAL PROGRAM
20		-	CREATED IN THIS ARTICLE
21		-	3.5 IN ACCORDANCE WITH SECTION 39-3.5-103.5
22		-	(2).
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. SECTION 2. In Colorado Revised Statutes, 39-3.5-102, amend
31		-	(1)(a) and (1)(c)(I) as follows:
32		-	39-3.5-102. Deferral of tax on homestead - qualifications - filing
33		-	of claim. (1) (a) Subject to the provisions of this article ARTICLE 3.5, a
34		-	person who is sixty-five years of age or older or who is a person called into
35		-	military service on January 1 of the year in which the person files a claim
36		-	under this section may elect to defer the payment of real property taxes. To
37		-	exercise this option, the taxpayer shall
38		-	MUST file a claim for deferral with
39		-	the treasurer of the county in which the taxpayer's homestead is located
40		-	STATE TREASURER. The claim shall MUST be filed after January 1 and on or
41		-	before April 1 of each year in which the taxpayer claims the deferral.
42		-	(c) (I) Subject to the provisions of this article 3.5, including the
43		-	limitations set forth in subsection (1)(c)(II) of this section, beginning
44		-	January 1, 2023, a person who is not otherwise eligible for deferral under
45		-	this section may elect to defer the payment of the portion of real property
46		-	taxes that exceed the person's tax-growth cap. To exercise this option, the
47		-	taxpayer must file a claim for deferral with the treasurer of the county in
48		-	which the taxpayer's homestead is located STATE TREASURER. The taxpayer
49		-	must file the claim after January 1 and on or before April 1 of each year in
50		-	which the taxpayer claims the deferral.
51		-	SECTION 3. In Colorado Revised Statutes, 39-3.5-103, amend
52		-	(1)(d.5)(II) as follows:
53		-	39-3.5-103. Property entitled to deferral. (1) In order to qualify
54		-	for real property tax deferral under this article 3.5, the property shall meet
55		-	all of the following requirements at the time the claim is filed and so long
56		-	thereafter as payment is deferred:
57		-	(d.5) (II) For purposes of this paragraph (d.5)
58		-	SUBSECTION (1)(d.5),
59		-	the actual value of the property shall be the most recent appraisal by the
60		-	county assessor as of the time the claim for deferral is submitted. to the
61		-	county treasurer.
62		-	SECTION 4. In Colorado Revised Statutes, add 39-3.5-103.5 as
63		-	follows:
64		-	PAGE 2-SENATE BILL 22-220 39-3.5-103.5. State treasurer - program administration - rules.
	94	+	TATE TREASURER " INCLUDES A THIRD -PARTY3
	95	+	ADMINISTRATOR THAT ENTERS INTO A CONTRACT WITH THE STATE4
	96	+	TREASURER TO ADMINISTER THE PROPERTY TAX DEFERRAL PROGRAM5
	97	+	CREATED IN THIS ARTICLE 3.5 IN ACCORDANCE WITH SECTION 39-3.5-103.56
	98	+	(2).7
	99	+	SECTION 2. In Colorado Revised Statutes, 39-3.5-102, amend8
	100	+	(1)(a) and (1)(c)(I) as follows:9
	101	+	39-3.5-102. Deferral of tax on homestead - qualifications -10
	102	+	filing of claim. (1) (a) Subject to the provisions of this article
	103	+	ARTICLE11
	104	+	3.5, a person who is sixty-five years of age or older or who is a person12
	105	+	called into military service on January 1 of the year in which the person13
	106	+	files a claim under this section may elect to defer the payment of real14
	107	+	property taxes. To exercise this option, the taxpayer shall MUST file a15
	108	+	claim for deferral with the treasurer of the county in which the taxpayer's16
	109	+	homestead is located STATE TREASURER. The claim shall MUST be filed17
	110	+	after January 1 and on or before April 1 of each year in which the18
	111	+	taxpayer claims the deferral.19
	112	+	(c) (I) Subject to the provisions of this article 3.5, including the20
	113	+	limitations set forth in subsection (1)(c)(II) of this section, beginning21
	114	+	January 1, 2023, a person who is not otherwise eligible for deferral under22
	115	+	this section may elect to defer the payment of the portion of real property23
	116	+	taxes that exceed the person's tax-growth cap. To exercise this option, the24
	117	+	taxpayer must file a claim for deferral with the treasurer of the county in25
	118	+	which the taxpayer's homestead is located STATE TREASURER. The26
	119	+	taxpayer must file the claim after January 1 and on or before April 1 of27
	120	+	220
	121	+	-3- each year in which the taxpayer claims the deferral.1
	122	+	SECTION 3. In Colorado Revised Statutes, 39-3.5-103, amend2
	123	+	(1)(d.5)(II) as follows:3
	124	+	39-3.5-103. Property entitled to deferral. (1) In order to qualify4
	125	+	for real property tax deferral under this article 3.5, the property shall meet5
	126	+	all of the following requirements at the time the claim is filed and so long6
	127	+	thereafter as payment is deferred:7
	128	+	(d.5) (II) For purposes of this paragraph (d.5) SUBSECTION8
	129	+	(1)(d.5), the actual value of the property shall be the most recent appraisal9
	130	+	by the county assessor as of the time the claim for deferral is submitted.10
	131	+	to the county treasurer.11
	132	+	SECTION 4. In Colorado Revised Statutes, add 39-3.5-103.5 as12
	133	+	follows:13
	134	+	39-3.5-103.5. State treasurer - program administration - rules.14
65	135		(1) T
66		-	HE STATE TREASURER MAY CONDUCT A PUBLIC ~~EDUCATION CAMPAIGN~~
67		-	ABOUT THE PROPERTY TAX DEFERRAL PROGRAM CREATED ~~IN THIS ARTICLE~~
68		-	3.5.
	136	+	HE STATE TREASURER MAY CONDUCT A PUBLIC EDUCATION15
	137	+	CAMPAIGN ABOUT THE PROPERTY TAX DEFERRAL PROGRAM CREATED IN16
	138	+	THIS ARTICLE 3.5.17
69	139		(2) T
70		-	HE STATE TREASURER MAY CONTRACT WITH A THIRD PARTY TO
71		-	ADMINISTER THE PROPERTY TAX DEFERRAL PROGRAM ON BEHALF OF THE
72		-	STATE TREASURER
73		-	.
	140	+	HE STATE TREASURER MAY CONTRACT WITH A THIRD PARTY18
	141	+	TO ADMINISTER THE PROPERTY TAX DEFERRAL PROGRAM ON BEHALF OF19
	142	+	THE STATE TREASURER.20
74	143		(3) T
75		-	HE STATE TREASURER MAY PROMULGATE RULES , IN
76		-	ACCORDANCE WITH ARTICLE
77		-	4 OF TITLE 24, RELATED TO THE
78		-	ADMINISTRATION OF THE PROPERTY TAX DEFERRAL PROGRAM
79		-	.
80		-	SECTION 5. In Colorado Revised Statutes, 39-3.5-104, amend (1)
81		-	introductory portion as follows:
82		-	39-3.5-104. Claim form - contents. (1) A taxpayer's claim for
	144	+	HE STATE TREASURER MAY PROMULGATE RULES , IN21
	145	+	ACCORDANCE WITH ARTICLE 4 OF TITLE 24, RELATED TO THE22
	146	+	ADMINISTRATION OF THE PROPERTY TAX DEFERRAL PROGRAM .23
	147	+	SECTION 5. In Colorado Revised Statutes, 39-3.5-104, amend24
	148	+	(1) introductory portion as follows:25
	149	+	39-3.5-104. Claim form - contents. (1) A taxpayer's claim for26
83	150		deferral shall
84		-	MUST be in writing on a form prescribed AND SUPPLIED by the
85		-	state treasurer and supplied by the county treasurer and shall MUST:
86		-	SECTION 6. In Colorado Revised Statutes, 39-3.5-105, amend (1);
87		-	and add (1.5) as follows:
88		-	39-3.5-105. Listing of tax-deferred property - tax as lien -
89		-	interest accrual. (1) If eligibility for deferral of homestead property is
90		-	established as provided in this article ARTICLE 3.5, THE STATE TREASURER
91		-	SHALL ISSUE A CERTIFICATE OF DEFERRAL
92		-	, WHICH INCLUDES THE NAME OF
93		-	THE TAXPAYER
94		-	, THE DESCRIPTION OF THE PROPERTY, THE AMOUNT OF TAX
95		-	DEFERRED
96		-	, AND THE YEAR FOR WHICH THE DEFERRAL WAS GRANTED , AND
97		-	RECORD THE CERTIFICATE OF DEFERRAL WITH THE COUNTY CLERK AND
98		-	RECORDER IN THE COUNTY WHERE THE PROPERTY IS LOCATED
99		-	. THE STATE
100		-	TREASURER SHALL NOTIFY THE COUNTY TREASURER OF A PROPERTY
101		-	'S
102		-	ELIGIBILITY AND PROVIDE THE COUNTY TREASURER WITH THE CERTIFICATE
103		-	OF DEFERRAL
104		-	, AND the county treasurer shall:
105		-	(a) Enter in his
106		-	THE COUNTY TREASURER'S records a notation that the
107		-	property is tax-deferred;
108		-	(b) (I) Promptly, upon designation of the property as tax-deferred,
109		-	issue a certificate of deferral, which shall include the name of the taxpayer,
110		-	PAGE 3-SENATE BILL 22-220 the description of the property, the amount of tax deferred, and the year for
111		-	which the deferral was granted. The certificate shall be recorded in the
112		-	county records and thereafter sent to the state treasurer. One copy shall be
113		-	given to the assessor, and RETAIN one copy shall be retained in the county
114		-	treasurer's office.
115		-	(II) Promptly, upon designation of a mobile home as tax-deferred,
116		-	the owner of the mobile home shall surrender title to the property to the
117		-	county clerk and recorder
118		-	STATE TREASURER. The county clerk and recorder
119		-	shall, pursuant to the provisions of article 29 of title 38, C.R.S., make
120		-	application with the department of revenue for issuance of a new certificate
121		-	of title with a record of the lien of the state treasurer. This procedure shall
122		-	be followed for each subsequent year that the property is deferred. The
123		-	county treasurer shall issue a certificate of deferral, which shall include the
124		-	name of the taxpayer, the description of the property, the amount deferred,
125		-	and the tax year for which the deferral was granted, and shall send such
126		-	certificate to the state treasurer. One copy shall be given to the county
127		-	assessor, and one copy shall be retained in the county treasurer's office.
128		-	Upon satisfaction of said THE lien, the state treasurer shall release the lien
129		-	from said THE title.
	151	+	MUST be in writing on a form prescribed AND SUPPLIED by27
	152	+	220
	153	+	-4- the state treasurer and supplied by the county treasurer and shall MUST:1
	154	+	SECTION 6. In Colorado Revised Statutes, 39-3.5-105, amend2
	155	+	(1); and add (1.5) as follows:3
	156	+	39-3.5-105. Listing of tax-deferred property - tax as lien -4
	157	+	interest accrual. (1) If eligibility for deferral of homestead property is5
	158	+	established as provided in this article ARTICLE 3.5, THE STATE TREASURER6
	159	+	SHALL ISSUE A CERTIFICATE OF DEFERRAL, WHICH INCLUDES THE NAME OF7
	160	+	THE TAXPAYER, THE DESCRIPTION OF THE PROPERTY, THE AMOUNT OF TAX8
	161	+	DEFERRED, AND THE YEAR FOR WHICH THE DEFERRAL WAS GRANTED , AND9
	162	+	RECORD THE CERTIFICATE OF DEFERRAL WITH THE COUNTY CLERK AND10
	163	+	RECORDER IN THE COUNTY WHERE THE PROPERTY IS LOCATED . THE STATE11
	164	+	TREASURER SHALL NOTIFY THE COUNTY TREASURER OF A PROPERTY 'S12
	165	+	ELIGIBILITY AND PROVIDE THE COUNTY TREASURER WITH THE CERTIFICATE13
	166	+	OF DEFERRAL, AND the county treasurer shall:14
	167	+	(a) Enter in his THE COUNTY TREASURER'S records a notation that15
	168	+	the property is tax-deferred;16
	169	+	(b) (I) Promptly, upon designation of the property as tax-deferred,17
	170	+	issue a certificate of deferral, which shall include the name of the18
	171	+	taxpayer, the description of the property, the amount of tax deferred, and19
	172	+	the year for which the deferral was granted. The certificate shall be20
	173	+	recorded in the county records and thereafter sent to the state treasurer.21
	174	+	One copy shall be given to the assessor, and RETAIN one copy shall be22
	175	+	retained in the county treasurer's office.23
	176	+	(II) Promptly, upon designation of a mobile home as tax-deferred,24
	177	+	the owner of the mobile home shall surrender title to the property to the25
	178	+	county clerk and recorder STATE TREASURER. The county clerk and26
	179	+	recorder shall, pursuant to the provisions of article 29 of title 38, C.R.S.,27
	180	+	220
	181	+	-5- make application with the department of revenue for issuance of a new1
	182	+	certificate of title with a record of the lien of the state treasurer. This2
	183	+	procedure shall be followed for each subsequent year that the property is3
	184	+	deferred. The county treasurer shall issue a certificate of deferral, which4
	185	+	shall include the name of the taxpayer, the description of the property, the5
	186	+	amount deferred, and the tax year for which the deferral was granted, and6
	187	+	shall send such certificate to the state treasurer. One copy shall be given7
	188	+	to the county assessor, and one copy shall be retained in the county8
	189	+	treasurer's office. Upon satisfaction of said THE lien, the state treasurer9
	190	+	shall release the lien from said THE title.10
130	191		(1.5) N
131		-	OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
132		-	A COUNTY CLERK AND RECORDER SHALL NOT CHARGE A FEE FOR RECORDING
133		-	THE CERTIFICATE OF DEFERRAL IN ACCORDANCE WITH SUBSECTION
134		-	(1) OF
135		-	THIS SECTION
136		-	.
137		-	SECTION 7. In Colorado Revised Statutes, 39-3.5-105.5, amend
138		-	(2) as follows:
139		-	39-3.5-105.5. Loan of state money to taxpayers. (2) Interest on
140		-	a loan for property tax deferral shall accrue at the rate specified in section
	192	+	OTWITHSTANDING ANY PROVISION OF LAW TO THE11
	193	+	CONTRARY, A COUNTY CLERK AND RECORDER SHALL NOT CHARGE A FEE12
	194	+	FOR RECORDING THE CERTIFICATE OF DEFERRAL IN ACCORDANCE WITH13
	195	+	SUBSECTION (1) OF THIS SECTION.14
	196	+	SECTION 7. In Colorado Revised Statutes, 39-3.5-105.5, amend15
	197	+	(2) as follows:16
	198	+	39-3.5-105.5. Loan of state money to taxpayers. (2) Interest on17
	199	+	a loan for property tax deferral shall accrue at the rate specified in section18
141	200		39-3.5-105 (5). The interest shall accrue beginning April 30
142		-	MAY 1 of ~~the~~
143		-	calendar year in which the deferral is claimed until the date on which ~~such~~
144		-	THE loan is repaid.
145		-	SECTION 8. In Colorado Revised Statutes, 39-3.5-106, add (3) as
146		-	follows:
147		-	39-3.5-106. State treasurer to pay county treasurer an ~~amount~~
	201	+	MAY 1 of the19
	202	+	calendar year in which the deferral is claimed until the date on which such20
	203	+	THE loan is repaid.21
	204	+	SECTION 8. In Colorado Revised Statutes, 39-3.5-106, add (3)22
	205	+	as follows:23
	206	+	39-3.5-106. State treasurer to pay county treasurer an amount24
148	207		equivalent to deferred taxes. (3) I
149		-	F A TAXPAYER DEFERS ALL OR PART OF
150		-	PAGE 4-SENATE BILL 22-220 THE PROPERTY TAXES DUE FOR A PROPERTY TAX YEAR AND THE COUNTY
151		-	TREASURER RECEIVES A PAYMENT FROM
152		-	, OR ON BEHALF OF, THE TAXPAYER
153		-	SO THAT THE TOTAL RECEIVED FROM THE STATE TREASURER AND THE PAYER
154		-	IS GREATER THAN THE TAXPAYER
155		-	'S PROPERTY TAXES DUE, THEN THE COUNTY
156		-	TREASURER SHALL REFUND THE EXCESS TO THE PAYER OF THE TAXES
157		-	.
158		-	SECTION 9. In Colorado Revised Statutes, 39-3.5-107, amend (2)
159		-	as follows:
160		-	39-3.5-107. Repayment of loans - release of liens - disposition of
161		-	payments. (2) If repayment of a loan for deferred taxes is tendered to the
162		-	A TAXPAYER MUST TENDER REPAYMENTS OF A LOAN FOR DEFERRED TAXES
163		-	TO THE STATE TREASURER
164		-	, AND THE STATE TREASURER SHALL GIVE THE
165		-	TAXPAYER A RECEIPT THEREFOR
166		-	. A county treasurer he or she
167		-	shall NOT
168		-	accept payment, give a receipt therefor, and forthwith transmit the money
169		-	collected to the state treasurer A REPAYMENT.
170		-	SECTION 10. In Colorado Revised Statutes, amend 39-3.5-108 as
171		-	follows:
172		-	39-3.5-108. Notice to taxpayer regarding duty to claim deferral
173		-	annually. At the time the treasurer sends the annual real property tax AS
174		-	SOON AS PRACTICABLE AFTER
175		-	JANUARY 1, THE STATE TREASURER SHALL
176		-	SEND A DEFERRAL
177		-	notice to any taxpayer who has claimed a deferral of
178		-	property taxes in the previous calendar year. he shall enclose a deferral
179		-	notice. The deferral notice shall MUST be substantially in the following
180		-	form:
181		-	To: (name of taxpayer)
182		-	If you want to defer the collection of ad valorem property taxes on
183		-	your homestead for the assessment year ending on December 31,
184		-	, you
185		-	must file a claim for deferral not later than April 1, , in the office of the
186		-	county treasurer WITH (STATE TREASURER OR THE NAME OF THIRD -PARTY
187		-	ADMINISTRATOR
188		-	, IF APPLICABLE). Forms for filing such
189		-	THE claims are
190		-	available at the county treasurer's office (WEBSITE AND MAILING ADDRESS
191		-	FOR STATE TREASURER OR THIRD
192		-	-PARTY ADMINISTRATOR, IF APPLICABLE).
193		-	If you fail to file your claim for deferral on or before April 1,
194		-	,
195		-	your real property taxes will be due and payable in accordance with the
196		-	PAGE 5-SENATE BILL 22-220 schedule set out in the enclosed tax notice YOU SEPARATELY RECEIVED
197		-	FROM YOUR COUNTY TREASURER
198		-	.
199		-	If you change your permanent address at any time during the
200		-	assessment year ending on December 31,
201		-	, you must notify the county
202		-	assessor STATE TREASURER promptly.
203		-	SECTION 11. In Colorado Revised Statutes, amend 39-3.5-109 as
204		-	follows:
205		-	39-3.5-109. Failure to receive notices. Failure to receive the notice
206		-	provided for in this article ARTICLE 3.5 is not a defense in any proceeding
207		-	for the collection of taxes or for the foreclosure of a tax lien. N
208		-	EITHER the
209		-	STATE treasurer NOR A COUNTY TREASURER is not
210		-	personally liable for
211		-	failure to give such notices.
212		-	SECTION 12. In Colorado Revised Statutes, 39-3.5-110, amend
213		-	(1)(c) and (1)(d); and add (1)(d.5) and (1.5) as follows:
214		-	39-3.5-110. Events requiring repayment of loans - notice to state
215		-	treasurer. (1) All loans for deferred real property taxes, including accrued
216		-	interest, shall become payable subject to sections 39-3.5-111 and
217		-	39-3.5-112 when:
218		-	(c) The property is no longer the homestead of the taxpayer who
219		-	claimed the deferral, except in the case of a taxpayer required to be absent
	208	+	F A TAXPAYER DEFERS ALL OR PART25
	209	+	OF THE PROPERTY TAXES DUE FOR A PROPERTY TAX YEAR AND THE26
	210	+	COUNTY TREASURER RECEIVES A PAYMENT FROM , OR ON BEHALF OF, THE27
	211	+	220
	212	+	-6- TAXPAYER SO THAT THE TOTAL RECEIVED FROM THE STATE TREASURER1
	213	+	AND THE PAYER IS GREATER THAN THE TAXPAYER 'S PROPERTY TAXES DUE,2
	214	+	THEN THE COUNTY TREASURER SHALL REFUND THE EXCESS TO THE PAYER3
	215	+	OF THE TAXES.4
	216	+	SECTION 9. In Colorado Revised Statutes, 39-3.5-107, amend5
	217	+	(2) as follows:6
	218	+	39-3.5-107. Repayment of loans - release of liens - disposition7
	219	+	of payments. (2) If repayment of a loan for deferred taxes is tendered to8
	220	+	the A TAXPAYER MUST TENDER REPAYMENTS OF A LOAN FOR DEFERRED9
	221	+	TAXES TO THE STATE TREASURER, AND THE STATE TREASURER SHALL GIVE10
	222	+	THE TAXPAYER A RECEIPT THEREFOR . A county treasurer he or she shall11
	223	+	NOT accept payment, give a receipt therefor, and forthwith transmit the12
	224	+	money collected to the state treasurer A REPAYMENT.13
	225	+	SECTION 10. In Colorado Revised Statutes, amend 39-3.5-10814
	226	+	as follows:15
	227	+	39-3.5-108. Notice to taxpayer regarding duty to claim16
	228	+	deferral annually. At the time the treasurer sends the annual real17
	229	+	property tax AS SOON AS PRACTICABLE AFTER JANUARY 1, THE STATE18
	230	+	TREASURER SHALL SEND A DEFERRAL notice to any taxpayer who has19
	231	+	claimed a deferral of property taxes in the previous calendar year. he shall20
	232	+	enclose a deferral notice. The deferral notice shall MUST be substantially21
	233	+	in the following form:22
	234	+	To: (name of taxpayer)23
	235	+	If you want to defer the collection of ad valorem property taxes on24
	236	+	your homestead for the assessment year ending on December 31, , you25
	237	+	must file a claim for deferral not later than April 1, , in the office of the26
	238	+	county treasurer WITH (STATE TREASURER OR THE NAME OF THIRD -PARTY27
	239	+	220
	240	+	-7- ADMINISTRATOR, IF APPLICABLE). Forms for filing such THE claims are1
	241	+	available at the county treasurer's office (WEBSITE AND MAILING ADDRESS2
	242	+	FOR STATE TREASURER OR THIRD-PARTY ADMINISTRATOR, IF APPLICABLE).3
	243	+	If you fail to file your claim for deferral on or before April 1, ,4
	244	+	your real property taxes will be due and payable in accordance with the5
	245	+	schedule set out in the enclosed tax notice YOU SEPARATELY RECEIVED6
	246	+	FROM YOUR COUNTY TREASURER .7
	247	+	If you change your permanent address at any time during the8
	248	+	assessment year ending on December 31, , you must notify the county9
	249	+	assessor STATE TREASURER promptly.10
	250	+	SECTION 11. In Colorado Revised Statutes, amend 39-3.5-10911
	251	+	as follows:12
	252	+	39-3.5-109. Failure to receive notices. Failure to receive the13
	253	+	notice provided for in this article ARTICLE 3.5 is not a defense in any14
	254	+	proceeding for the collection of taxes or for the foreclosure of a tax lien.15
	255	+	N
	256	+	EITHER the STATE treasurer NOR A COUNTY TREASURER is not
	257	+	personally16
	258	+	liable for failure to give such notices.17
	259	+	SECTION 12. In Colorado Revised Statutes, 39-3.5-110, amend18
	260	+	(1)(c) and (1)(d); and add (1)(d.5) and (1.5) as follows:19
	261	+	39-3.5-110. Events requiring repayment of loans - notice to20
	262	+	state treasurer. (1) All loans for deferred real property taxes, including21
	263	+	accrued interest, shall become payable subject to sections 39-3.5-111 and22
	264	+	39-3.5-112 when:23
	265	+	(c) The property is no longer the homestead of the taxpayer who24
	266	+	claimed the deferral, except in the case of a taxpayer required to be absent25
220	267		from such tax-deferred property by reason of ill health
221		-	OR BECAUSE THE
222		-	PROPERTY IS UNINHABITABLE AS A RESULT OF NATURAL CAUSES
223		-	;
224		-	(d) The tax-deferred property no longer meets the requirements
225		-	REQUIREMENT of section 39-3.5-103 (1)(c); or (1)(f);
226		-	(d.5) THE TAX-DEFERRED PROPERTY NO LONGER MEETS THE
227		-	REQUIREMENT OF SECTION
228		-	39-3.5-103 (1)(f), EXCEPT IN THE CASE OF A
229		-	PROPERTY WHOSE VALUE HAS DECREASED AS A RESULT OF NATURAL
230		-	CAUSES
231		-	;
	268	+	OR BECAUSE THE26
	269	+	PROPERTY IS UNINHABITABLE AS A RESULT OF NATURAL CAUSES ;27
	270	+	220
	271	+	-8- (d) The tax-deferred property no longer meets the requirements1
	272	+	REQUIREMENT of section 39-3.5-103 (1)(c); or (1)(f);2
	273	+	(d.5) T
	274	+	HE TAX-DEFERRED PROPERTY NO LONGER MEETS THE3
	275	+	REQUIREMENT OF SECTION 39-3.5-103 (1)(f), EXCEPT IN THE CASE OF A4
	276	+	PROPERTY WHOSE VALUE HAS DECREASED AS A RESULT OF NATURAL5
	277	+	CAUSES;6
232	278		(1.5) T
233		-	HE EXCEPTIONS RELATED TO NATURAL CAUSES SET FORTH IN
234		-	SUBSECTIONS
235		-	(1)(c) AND (1)(d.5) OF THIS SECTION APPLY FOR THREE YEARS
236		-	FROM THE DATE OF THE NATURAL CAUSE OR UNTIL THE DATE THAT THE
237		-	PAGE 6-SENATE BILL 22-220 PROPERTY IS NO LONGER VALUED AS VACANT RESIDENTIAL LAND ,
238		-	WHICHEVER DATE IS SOONER.
239		-	SECTION 13. In Colorado Revised Statutes, 39-3.5-111, amend
240		-	(3) as follows:
241		-	39-3.5-111. Time for payment - delinquencies. (3) If a loan for
242		-	deferred taxes and accrued interest is not paid on the due date, such
	279	+	HE EXCEPTIONS RELATED TO NATURAL CAUSES SET FORTH7
	280	+	IN SUBSECTIONS (1)(c) AND (1)(d.5) OF THIS SECTION APPLY FOR THREE8
	281	+	YEARS FROM THE DATE OF THE NATURAL CAUSE OR UNTIL THE DATE THAT9
	282	+	THE PROPERTY IS NO LONGER VALUED AS VACANT RESIDENTIAL LAND ,10
	283	+	WHICHEVER DATE IS SOONER.11
	284	+	SECTION 13. In Colorado Revised Statutes, 39-3.5-111, amend12
	285	+	(3) as follows:13
	286	+	39-3.5-111. Time for payment - delinquencies. (3) If a loan for14
	287	+	deferred taxes and accrued interest is not paid on the due date, such15
243	288		amounts are delinquent as of that date, and the state treasurer shall
244		-	MAY
245		-	foreclose the deferred tax lien.
246		-	SECTION 14. Appropriation. (1) For the 2022-23 state fiscal
247		-	year, $1,725,883 is appropriated to the department of the treasury for use by
248		-	the administration division. This appropriation is from the general fund. To
249		-	implement this act, the division may use this appropriation as follows:
250		-	(a) $788,184 for personal services, which amount is based on an
251		-	assumption that the division will require an additional 16.0 FTE; and
252		-	(b) $937,699 for operating expenses.
253		-	SECTION 15. Safety clause. The general assembly hereby finds,
254		-	PAGE 7-SENATE BILL 22-220 determines, and declares that this act is necessary for the immediate
255		-	preservation of the public peace, health, or safety.
256		-	____________________________ ____________________________
257		-	Steve Fenberg Alec Garnett
258		-	PRESIDENT OF SPEAKER OF THE HOUSE
259		-	THE SENATE OF REPRESENTATIVES
260		-	____________________________ ____________________________
261		-	Cindi L. Markwell Robin Jones
262		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
263		-	THE SENATE OF REPRESENTATIVES
264		-	APPROVED________________________________________
265		-	(Date and Time)
266		-	_________________________________________
267		-	Jared S. Polis
268		-	GOVERNOR OF THE STATE OF COLORADO
269		-	PAGE 8-SENATE BILL 22-220
	289	+	MAY16
	290	+	foreclose the deferred tax lien.17
	291	+	SECTION 14. Appropriation. (1) For the 2022-23 state fiscal18
	292	+	year, $1,725,883 is appropriated to the department of the treasury for use19
	293	+	by the administration division. This appropriation is from the general20
	294	+	fund. To implement this act, the division may use this appropriation as21
	295	+	follows:22
	296	+	(a) $788,184 for personal services, which amount is based on an23
	297	+	assumption that the division will require an additional 16.0 FTE; and24
	298	+	(b) $937,699 for operating expenses.25
	299	+	SECTION 15. Safety clause. The general assembly hereby finds,26
	300	+	220
	301	+	-9- determines, and declares that this act is necessary for the immediate1
	302	+	preservation of the public peace, health, or safety.2
	303	+	220
	304	+	-10-