First Extraordinary Session Seventy-fourth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 23B-0021.02 Alison Killen x4350 HOUSE BILL 23B-1003 House Committees Senate Committees State, Civic, Military, & Veterans Affairs Finance Appropriations Appropriations A BILL FOR AN ACT C ONCERNING THE CREATION OF THE PROPERTY TAX TASK FORCE, AND,101 IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102 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 bill creates the property tax task force (task force). The task force consists of 11 members, including members of the general assembly and individuals who are not members of the general assembly. The bill also creates 2 task force subpanels that consist of members from the task force and other members. The purposes of the task force and the task force subpanels are to study and develop a permanent and sustainable SENATE Amended 2nd Reading November 19, 2023 HOUSE 3rd Reading Unamended November 18, 2023 HOUSE Amended 2nd Reading November 17, 2023 HOUSE SPONSORSHIP Snyder, Amabile, Bird, Boesenecker, Brown, Daugherty, Duran, Epps, Froelich, Herod, Jodeh, Joseph, Kipp, Lindsay, Lukens, Marshall, Mauro, McCluskie, McLachlan, Ortiz, Sharbini, Story, Titone, Valdez, Velasco, Weissman, Young SENATE SPONSORSHIP Mullica, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. property tax structure for the state of Colorado. The task force is required to: ! Convene by June 15, 2024; ! Meet at least 5 times in its first year and at least 8 times every year thereafter that it meets; and ! Submit reports with its findings and recommendations to the general assembly by October 15. After the task force makes its first report to the general assembly, the task force may determine that it has fulfilled its purposes and the task force may be disbanded. The task force is repealed on November 1, 2027. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Colorado has experienced historic growth in property values4 which has caused property taxes to rise well above the rate of inflation,5 contributing to an increase in the cost of housing;6 (b) Legislation passed in 2022 and 2023 temporarily reduced7 property taxes for homeowners and businesses;8 (c) It is important that leaders come together to work towards9 developing a property tax structure for future years that balances the10 needs of homeowners, businesses, and local governments that rely on11 property tax to provide local services;12 (d) The state of Colorado has a long tradition of respecting local13 control. In furtherance of that tradition, the general assembly declares that14 buy-in and involvement from individuals with an intimate understanding15 of the needs of their communities will be crucial in realizing its goal to16 develop a permanent and sustainable property tax structure for the state.17 (e) Colorado public schools receive over half of their funding18 from property tax and the Colorado general assembly has a bipartisan19 1003-2- objective to fully fund the Public School Finance Act without a budget1 stabilization factor; and2 (f) Residential tenants pay property taxes through their rent, which3 contributes to the high cost of housing, making residential tenants an4 important consideration in any property tax proposal.5 SECTION 2. In Colorado Revised Statutes, add part 22 to article6 2 of title 2 as follows:7 PART 228 PROPERTY TAX TASK FORCE9 2-2-2201. Commission on property tax - creation - powers and10 duties - report - repeal. (1) NOTWITHSTANDING SECTION 2-3-303.3,11 THERE IS CREATED THE COMMISSION ON PROPERTY TAX, REFERRED TO IN12 THIS SECTION AS THE "COMMISSION", FOR THE PURPOSE OF STUDYING AND13 MAKING RECOMMENDATIONS FOR A PROPERTY TAX STRUCTURE THAT14 PROTECTS PROPERTY OWNERS AND RESIDENTIAL TENANTS FROM RISING15 PROPERTY TAXES WHILE MEETING THE NEEDS OF GOVERNMENTS THAT16 RELY ON PROPERTY TAX TO PAY FOR LOCAL SERVICES .17 (2) THE COMMISSION CONSISTS OF NINETEEN MEMBERS THAT18 REPRESENT THE DEMOGRAPHIC AND GEOGRAPHIC DIVERSITY OF THE STATE19 AS FOLLOWS:20 21 (a) T WO MEMBERS OF THE HOUSE OF REPRESENTATIVES , WITH ONE 22 MEMBER OF THE MAJORITY PARTY APPOINTED BY THE SPEAKER OF THE23 HOUSE OF REPRESENTATIVES AND ONE MEMBER OF THE MINORITY PARTY24 APPOINTED BY THE HOUSE MINORITY LEADER ;25 (b) T WO MEMBERS OF THE SENATE , WITH ONE MEMBER OF THE 26 MAJORITY PARTY APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE27 1003 -3- MEMBER OF THE MINORITY PARTY APPOINTED BY THE SENATE MINORITY1 LEADER;2 (c) T HE PROPERTY TAX ADMINISTRATOR IN THE DIVISION OF 3 PROPERTY TAXATION IN THE DEPARTMENT OF LOCAL AFFAIRS ;4 (d) O NE INDIVIDUAL WHO IS A MAYOR OR ELECTED CITY COUNCIL 5 PERSON, OR THE DESIGNEE OF A MAYOR OR ELECTED CITY COUNCIL6 PERSON, APPOINTED BY THE COLORADO MUNICIPAL LEAGUE;7 (e) O NE INDIVIDUAL WHO IS SERVING OR HAS SERVED AS A COUNTY 8 ASSESSOR, APPOINTED BY THE GOVERNOR;9 (f) T HE EXECUTIVE DIRECTOR OF THE SPECIAL DISTRICT 10 A SSOCIATION OF COLORADO; 11 (g) O NE INDIVIDUAL WHO IS THE CHIEF FINANCIAL OFFICER OF A 12 SCHOOL DISTRICT, APPOINTED BY THE COLORADO ASSOCIATION OF13 S CHOOL EXECUTIVES; 14 (h) O NE INDIVIDUAL REPRESENTING A STATEWIDE ORGANIZATION 15 THAT HAS EXPERTISE IN COLORADO SCHOOL FUNDING POLICY OR A16 STATEWIDE ORGANIZATION THAT REPRESENTS COLORADO EDUCATORS ,17 APPOINTED BY THE PRESIDENT OF THE SENATE ;18 (i) O NE INDIVIDUAL REPRESENTING AN ORGANIZATION THAT 19 REPRESENTS COLORADO COMMERCIAL OR RESIDENTIAL PROPERTY20 OWNERS, APPOINTED BY THE HOUSE MINORITY LEADER ;21 (j) O NE INDIVIDUAL WHO IS A FIRE CHIEF, APPOINTED BY THE 22 C OLORADO STATE FIRE CHIEFS; 23 (k) O NE INDIVIDUAL REPRESENTING AN ORGANIZATION WITH 24 EXPERTISE IN ADVOCATING FOR LOW -INCOME INDIVIDUALS, SENIORS,25 INDIVIDUALS WITH FIXED INCOMES, OR RESIDENTIAL TENANTS, APPOINTED26 BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ;27 1003 -4- (l) THE EXECUTIVE DIRECTOR OF A STATEWIDE OR REGIONAL1 BUSINESS ORGANIZATION, APPOINTED BY THE SENATE MINORITY LEADER ;2 (m) O NE INDIVIDUAL WHO IS SERVING AS A COUNTY 3 COMMISSIONER FROM A COUNTY THAT IS IN THE FRONT RANGE REGION , AS4 DEFINED IN SECTION 26-5-103.5 (2)(c)(I)(B), APPOINTED BY THE5 PRESIDENT OF THE SENATE;6 (n) O NE INDIVIDUAL WHO IS SERVING AS A COUNTY COMMISSIONER 7 FROM A COUNTY THAT IS IN THE MOUNTAIN REGION , AS DEFINED IN8 SECTION 26-5-103.5 (2)(c)(I)(C), APPOINTED BY THE SPEAKER OF THE9 HOUSE OF REPRESENTATIVES;10 (o) O NE INDIVIDUAL WHO IS SERVING AS A COUNTY COMMISSIONER 11 FROM A COUNTY THAT IS IN THE EASTERN REGION , AS DEFINED IN SECTION12 26-5-103.5 (2)(c)(I)(A). APPOINTED BY THE HOUSE MINORITY LEADER ; 13 (p) O NE INDIVIDUAL WHO IS SERVING AS A COUNTY COMMISSIONER 14 FROM A COUNTY THAT IS IN THE SOUTHERN REGION , AS DEFINED IN15 SECTION 26-5-103.5 (2)(c)(I)(D), APPOINTED BY THE SENATE MINORITY16 LEADER; AND17 (q) O NE INDIVIDUAL WHO IS SERVING AS A COUNTY COMMISSIONER 18 FROM A COUNTY THAT IS IN THE WESTERN REGION , AS DEFINED IN SECTION19 26-5-103.5 (2)(c)(I)(E), APPOINTED BY THE GOVERNOR . 20 (3) (a) ALL APPOINTMENTS DESCRIBED IN SUBSECTION (2) OF THIS21 SECTION SHALL BE MADE NO LATER THAN DECEMBER 4, 2023. AN22 INDIVIDUAL WHO IS MATERIALLY CONNECTED TO AN INITIATIVE PETITION23 THAT CONCERNS PROPERTY TAX AND T HAT HAS BEEN SUBMITTED TO THE24 DIRECTORS OF THE LEGISLATIVE COUNCIL AND THE OFFICE OF LEGISLATIVE25 LEGAL SERVICES FOR REVIEW AND COMMENT PURSUANT TO SECTION26 1-40-105 (1) OR WHO IS A REGISTERED AGENT OR COMPENSATED 27 1003 -5- EMPLOYEE OF AN ISSUE COMMITTEE , AS DEFINED IN SECTION 1-45-1031 (12), THAT SUPPORTS OR OPPOSES SUCH AN INITIATED MEASURE IS 2 INELIGIBLE TO BE APPOINTED TO THE COMMISSION .3 (b) THE PRESIDENT OF THE SENATE SHALL APPOINT THE CHAIR OF4 THE COMMISSION AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES5 SHALL APPOINT THE VICE-CHAIR OF THE COMMISSION. 6 (c) MEMBERS OF THE COMMISSION SERVE AT THE PLEASURE OF THE7 APPLICABLE APPOINTING AUTHORITY OR UNTIL THE MEMBER NO LONGER8 SERVES IN THE POSITION FOR WHICH THAT MEMBER WAS APPOINTED TO9 THE COMMISSION, AT WHICH TIME A VACANCY IS DEEMED TO EXIST ON THE10 COMMISSION. IF A VACANCY OCCURS, THE APPROPRIATE APPOINTING11 AUTHORITY SHALL APPOINT A REPLACEMENT MEMBER WHO MEETS THE12 REQUIREMENTS SET FORTH IN SUBSECTION (2) OF THIS SECTION FOR THE13 VACANT POSITION NOT LATER THAN TEN BUSINESS DAYS FROM THE DATE14 THE VACANCY IS DEEMED TO EXIST. IF THE APPROPRIATE APPOINTING15 AUTHORITY FAILS TO APPOINT A REPLACEMENT MEMBER AS REQUIRED BY16 THIS SUBSECTION (3)(c), THE SPEAKER OF THE HOUSE OF17 REPRESENTATIVES SHALL APPOINT A REPLACEMENT MEMBER WHO MEETS18 THE REQUIREMENTS SET FORTH IN SUBSECTION (2) OF THIS SECTION.19 (d) THE COMMISSION MAY ESTABLISH SPECIAL PURPOSE20 SUBCOMMITTEES WITH NONVOTING MEMBERS TO EVALUATE AND21 CONSIDER PROPERTY TAX ISSUES AS IT DEEMS NECESSARY TO FULFILL ITS22 GOALS AND OBJECTIVES SET FORTH IN SUBSECTION (5) OF THIS SECTION.23 (e) AS SOON AS FEASIBLE AFTER THE EFFECTIVE DATE OF THIS24 SUBSECTION (3)(e), THE COMMISSION SHALL ENTER INTO A CONTRACT25 WITH A FACILITATOR WITH EXPERIENCE IN TAX POLICY TO GUIDE THE26 WORK OF THE COMMISSION AND TO ASSIST IN DRAFTING THE REPORT27 1003 -6- REQUIRED IN SUBSECTION (6)(a) OF THIS SECTION. THE COMMISSION SHALL1 SELECT A NEUTRAL FACILITATOR WHO IS NOT AFFILIATED WITH A2 STATEWIDE ORGANIZATION DESCRIBED IN SUBSECTION (2) OF THIS3 SECTION.4 (4) (a) THE COMMISSION SHALL MEET AT LEAST TWICE A MONTH5 BEGINNING THE WEEK OF DECEMBER 5, 2023, THROUGH THE WEEK OF6 MARCH 15, 2024, EXCLUDING THE WEEK OF DECEMBER 27, 2023. THE7 COMMISSION MAY MEET MORE OFTEN AT THE DISCRETION OF THE CHAIR .8 A MAJORITY OF THE MEMBERS OF THE COMMISSION MAY VOTE TO EXTEND9 THE WORK OF THE COMMISSION PAST MARCH 15 , 2024, OR TO10 TERMINATE THE WORK OF THE COMMISSION AT ANY TIME, AND THE WORK11 OF THE COMMISSION MAY ALSO BE EXTENDED AS REQUIRED BY12 SUBSECTION (6)(a) OF THIS SECTION.13 (b) THE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF14 LEGISLATIVE LEGAL SERVICES SHALL BE AVAILABLE TO ASSIST THE15 COMMISSION IN CARRYING OUT ITS DUTIES.16 (5) (a) THE PURPOSE OF THE COMMISSION IS TO IDENTIFY ,17 CONSIDER, AND EVALUATE LEGISLATIVE OPTIONS FOR A PERMANENT18 AND SUSTAINABLE PROPERTY TAX STRUCTURE FOR THE STATE .19 (b) THE COMMISSION SHALL IDENTIFY, CONSIDER, AND EVALUATE20 OPTIONS FOR A PROPERTY TAX STRUCTURE THAT PROTECTS PROPERTY21 OWNERS FROM RISING TAX BILLS AND IS SUSTAINABLE FOR LOCAL22 GOVERNMENTS AND PUBLIC SCHOOLS , WHICH MAY INCLUDE23 CONSIDERATION OF PROPERTY TAX PROPOSALS THAT HAVE BEEN24 SUBMITTED TO THE STATE TITLE BOARD .25 (c) FOR EACH PROPERTY TAX STRUCTURE OPTION, THE26 COMMISSION SHALL CONSIDER THE FOLLOWING FACTORS :27 1003 -7- (I) LOCAL CONTROL;1 (II) IMPACT TO PROPERTY OWNERS AND LOCAL TAXING2 JURISDICTIONS IN DIFFERENT AREAS OF THE STATE;3 (III) IMPACT TO RESIDENTIAL AND NONRESIDENTIAL REAL4 PROPERTY;5 (IV) IMPACT TO SCHOOL FINANCE AND THE BUDGET STABILIZATION6 FACTOR;7 (V) LONG-TERM IMPACT TO PROPERTY OWNERS AND LOCAL8 TAXING JURISDICTIONS UNDER DIFFERENT PROPERTY VALUE GROWTH9 SCENARIOS;10 (VI) IMPACTS TO HOUSING AFFORDABILITY , INCLUDING FOR11 RESIDENTIAL TENANTS;12 (VII) IMPACTS TO RESIDENTIAL TENANTS, INCENTIVES FOR13 DEVELOPMENT, AND THE POTENTIAL FOR LOWER PROPERTY TAXES FOR14 RESIDENCES AS A RESULT OF CHANGING TO A LAND VALUE TAX SYSTEM ;15 (VIII) IMPACTS TO THE ABILITY OF COUNTIES TO PROVIDE16 STATUTORILY MANDATED AND VOTER -APPROVED SERVICES TO COLORADO17 RESIDENTS; AND18 (IX) DISPROPORTIONATE IMPACTS OF THE RISING TAX BILLS ON19 PEOPLE WITH LOWER INCOMES, ESPECIALLY PEOPLE WITH FIXED INCOMES,20 IN PROVIDING FAIR AND EQUITABLE PROPERTY TAX RELIEF .21 (6) (a) NO LATER THAN MARCH 15 , 2024, THE COMMISSION SHALL22 MAKE A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ,23 INCLUDING RECOMMENDATIONS FOR BOTH SHORT-TERM AND LONG-TERM24 LEGISLATIVE CHANGES THAT WILL FURTHER THE PURPOSE OF THE25 COMMISSION SET FORTH IN SUBSECTION (5)(a) OF THIS SECTION. IF A26 PROPOSED INITIATIVE CONCERNING PROPERTY TAX FOR THE 2024 GENERAL27 1003 -8- ELECTION IS TIMELY SUBMITTED TO THE DIRECTORS OF THE LEGISLATIVE1 COUNCIL AND THE OFFICE OF LEGISLATIVE LEGAL SERVICES FOR REVIEW2 AND COMMENT PURSUANT TO SECTION 1-40-105 (1) AFTER THE3 COMMISSION HAS SUBMITTED THE REPORT , THE COMMISSION SHALL4 RECONVENE, CONSIDER THE EFFECT OF THE PROPOSED INITIATIVE IF IT5 WERE TO BE APPROVED BY THE VOTERS OF THE STATE AND BECOME LAW6 AND, IF DEEMED APPROPRIATE BY THE COMMISSION , SUPPLEMENT THE7 REPORT WITH ADDITIONAL INFORMATION ABOUT THE PROPOSED8 INITIATIVE.9 (b) THE COMMISSION REPORT MUST CONTAIN ONLY10 RECOMMENDATIONS SUPPORTED BY TEN OR MORE MEMBERS OF THE11 COMMISSION.12 (c) IF A MAJORITY OF COMMISSION MEMBERS VOTE TO EXTEND THE13 WORK OF THE COMMISSION PAST MARCH 15, 2024, IN ACCORDANCE WITH14 SUBSECTION (4)(a) OF THIS SECTION, THEN THE COMMISSION SHALL MAKE15 A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR IN16 ACCORDANCE WITH THIS SUBSECTION (6) NO LATER THAN DECEMBER 31,17 2024.18 (7) THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL ,19 CREATED IN SECTION 2-3-301 (1), MAY ALLOCATE FUNDING FROM THE20 LEGISLATIVE DEPARTMENT CASH FUND, CREATED IN SECTION 2-2-1601,21 FOR THE PURPOSES OF THE COMMISSION INCLUDING FOR HIRING22 PROFESSIONAL FACILITATION SERVICES , PUBLIC OUTREACH AND23 ENGAGEMENT, AND OTHER NECESSARY SERVICES .24 (8) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2024.25 SECTION 3. Appropriation. (1) For the 2023-24 state fiscal26 year, $80,271 is appropriated to the legislative department. This27 1003 -9- appropriation is from the general fund. To implement this act, the1 department may use this appropriation as follows:2 (a) $8,492 for use by the general assembly;3 (b) $63,185 for use by the legislative council, which amount is4 based on an assumption that the legislative council will require an5 additional 0.8 FTE; and6 (c) $8,594 for use by the office of legislative legal services, which7 amount is based on an assumption that the office will require an8 additional 0.1 FTE.9 SECTION 4. Safety clause. The general assembly finds,10 determines, and declares that this act is necessary for the immediate11 preservation of the public peace, health, or safety or for appropriations for12 the support and maintenance of the departments of the state and state13 institutions.14 1003 -10-