First Extraordinary Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 23B-0021.02 Alison Killen x4350 HOUSE BILL 23B-1003 House Committees Senate Committees State, Civic, Military, & Veterans Affairs 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 HOUSE Amended 2nd Reading November 17, 2023 HOUSE SPONSORSHIP Snyder, 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 The task force is repealed on November 1, 2027.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 SHALL CONSIST OF EIGHTEEN MEMBERS THAT18 REPRESENT THE DEMOGRAPHIC AND GEOGRAPHIC DIVERSITY OF THE STATE19 AS FOLLOWS:20 (a) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES , WITH21 TWO MEMBERS OF THE MAJORITY PARTY APPOINTED BY THE SPEAKER OF22 THE HOUSE OF REPRESENTATIVES AND ONE MEMBER OF THE MINORITY23 PARTY APPOINTED BY THE HOUSE MINORITY LEADER ;24 (b) THREE MEMBERS OF THE SENATE, WITH TWO MEMBERS OF THE25 MAJORITY PARTY APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE26 MEMBER OF THE MINORITY PARTY APPOINTED BY THE SENATE MINORITY27 1003 -3- LEADER;1 (c) THE PROPERTY TAX ADMINISTRATOR IN THE DIVISION OF2 PROPERTY TAX OF THE DEPARTMENT OF LOCAL AFFAIRS ;3 (d) ONE INDIVIDUAL WHO IS A MAYOR OR ELECTED CITY COUNCIL4 PERSON, OR THE DESIGNEE OF A MAYOR OR ELECTED CITY COUNCIL5 PERSON, APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ;6 (e) ONE INDIVIDUAL WHO IS SERVING OR HAS SERVED AS A COUNTY7 ASSESSOR, APPOINTED BY THE GOVERNOR;8 (f) ONE INDIVIDUAL REPRESENTING A STATEWIDE ORGANIZATION9 REPRESENTING SPECIAL DISTRICTS, APPOINTED BY THE PRESIDENT OF THE10 SENATE;11 (g) ONE INDIVIDUAL WHO IS SERVING AS THE CHIEF FINANCIAL12 OFFICER OF A SCHOOL DISTRICT;13 (h) ONE INDIVIDUAL WHO IS SERVING AS A COUNTY COMMISSIONER14 FOR A COUNTY HAVING A POPULATION OF LESS THAN THREE HUNDRED15 THOUSAND, APPOINTED BY THE SPEAKER OF THE HOUSE OF16 REPRESENTATIVES;17 (i) ONE INDIVIDUAL WHO IS SERVING AS EITHER A COUNTY18 COMMISSIONER FOR A COUNTY HAVING A POPULATION OF EQUAL TO OR19 GREATER THAN THREE HUNDRED THOUSAND OR ON THE GOVERNING BODY20 FOR A CITY AND COUNTY HAVING A POPULATION OF EQUAL TO OR GREATER21 THAN THREE HUNDRED THOUSAND, APPOINTED BY THE PRESIDENT OF THE22 SENATE;23 (j) ONE INDIVIDUAL WITH PROFESSIONAL EXPERIENCE RELATED TO24 BOTH COMMERCIAL AND RESIDENTIAL REAL PROPERTY , APPOINTED BY THE25 SPEAKER OF THE HOUSE OF REPRESENTATIVES ;26 (k) ONE INDIVIDUAL WHO IS A FIRE CHIEF, APPOINTED BY THE27 1003 -4- PRESIDENT OF THE SENATE;1 (l) ONE INDIVIDUAL REPRESENTING A LABOR ORGANIZATION2 REPRESENTING WORKERS IN INDUSTRIES MATERIALLY IMPACTED BY3 PROPERTY TAX REVENUE, APPOINTED BY THE PRESIDENT OF THE SENATE; 4 (m) ONE INDIVIDUAL REPRESENTING A STATEWIDE OR REGIONAL5 ORGANIZATION REPRESENTING BUSINESSES MATERIALLY IMPACTED BY6 PROPERTY TAX REVENUE, APPOINTED BY THE GOVERNOR; AND7 (n) ONE INDIVIDUAL WHO REPRESENTS A STATEWIDE RENTAL8 ASSISTANCE ORGANIZATION OR A RESIDENTIAL TENANT WHO RESIDES IN9 A DISPROPORTIONATELY IMPACTED COMMUNITY AS DEFINED IN SECTION10 24-4-109 (2)(b)(II), APPOINTED BY THE SPEAKER OF THE HOUSE OF11 REPRESENTATIVES.12 (3) (a) ALL APPOINTMENTS DESCRIBED IN SUBSECTION (2) OF THIS13 SECTION SHALL BE MADE NO LATER THAN NOVEMBER 26, 2023.14 (b) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL15 APPOINT THE CHAIR OF THE COMMISSION AND THE PRESIDENT OF THE16 SENATE SHALL APPOINT THE VICE-CHAIR OF THE COMMISSION. THE CHAIR17 AND VICE-CHAIR OF THE COMMISSION MUST BE LEGISLATORS APPOINTED18 PURSUANT TO SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION.19 (c) MEMBERS OF THE COMMISSION SERVE AT THE PLEASURE OF THE20 APPLICABLE APPOINTING AUTHORITY OR UNTIL THE MEMBER NO LONGER21 SERVES IN THE POSITION FOR WHICH THAT MEMBER WAS APPOINTED TO22 THE COMMISSION, AT WHICH TIME A VACANCY IS DEEMED TO EXIST ON THE23 COMMISSION. IF A VACANCY OCCURS, THE APPROPRIATE APPOINTING24 AUTHORITY SHALL APPOINT A REPLACEMENT MEMBER THAT MEETS THE25 REQUIREMENTS SET FORTH IN SUBSECTION (2) OF THIS SECTION FOR THE26 VACANT POSITION NOT LATER THAN TEN BUSINESS DAYS FROM THE DATE27 1003 -5- THE VACANCY IS DEEMED TO EXIST. IF THE APPROPRIATE APPOINTING1 AUTHORITY FAILS TO APPOINT A REPLACEMENT MEMBER AS REQUIRED BY2 THIS SUBSECTION (3)(c), THE SPEAKER OF THE HOUSE OF3 REPRESENTATIVES SHALL APPOINT A REPLACEMENT MEMBER THAT MEETS4 THE REQUIREMENTS SET FORTH IN SUBSECTION (2) OF THIS SECTION.5 (d) THE COMMISSION MAY ESTABLISH SPECIAL PURPOSE6 SUBCOMMITTEES WITH NONVOTING MEMBERS TO EVALUATE AND7 CONSIDER PROPERTY TAX ISSUES AS IT DEEMS NECESSARY TO FULFILL ITS8 GOALS AND OBJECTIVES SET FORTH IN SUBSECTION (5) OF THIS SECTION.9 (e) NO LATER THAN NOVEMBER 27, 2023, THE COMMISSION SHALL10 ENTER INTO A CONTRACT WITH A FACILITATOR WITH EXPERIENCE IN TAX11 POLICY TO GUIDE THE WORK OF THE COMMISSION AND TO ASSIST IN12 DRAFTING THE REPORT REQUIRED IN SUBSECTION (6)(a) OF THIS SECTION.13 THE COMMISSION SHALL SELECT A NEUTRAL FACILITATOR WHO IS NOT14 AFFILIATED WITH A STATEWIDE ORGANIZATION DESCRIBED IN SUBSECTION15 (2) OF THIS SECTION.16 (4) (a) THE COMMISSION SHALL MEET ONCE A WEEK BEGINNING17 THE WEEK OF NOVEMBER 27, 2023, THROUGH THE WEEK OF MARCH 1,18 2024, EXCLUDING THE WEEK OF DECEMBER 27, 2023. A MAJORITY OF THE19 MEMBERS OF THE COMMISSION MAY VOTE TO EXTEND THE WORK OF THE20 COMMISSION PAST MARCH 1, 2024, TO ALTER THE MEETING SCHEDULE OF21 THE COMMISSION, OR TO TERMINATE THE WORK OF THE COMMISSION AT22 ANY TIME.23 (b) THE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF24 LEGISLATIVE LEGAL SERVICES SHALL BE AVAILABLE TO ASSIST THE25 COMMISSION IN CARRYING OUT ITS DUTIES.26 (5) (a) THE PURPOSE OF THE COMMISSION IS TO IDENTIFY AND27 1003 -6- CONSIDER LEGISLATIVE OPTIONS FOR A PERMANENT AND SUSTAINABLE1 PROPERTY TAX STRUCTURE FOR THE STATE .2 (b) THE COMMISSION SHALL IDENTIFY AND CONSIDER OPTIONS FOR3 A PROPERTY TAX STRUCTURE THAT PROTECTS PROPERTY OWNERS FROM4 RISING TAX BILLS AND IS SUSTAINABLE FOR LOCAL GOVERNMENTS AND5 PUBLIC SCHOOLS, INCLUDING PROPERTY TAX PROPOSALS THAT HAVE BEEN6 SUBMITTED TO THE STATE TITLE BOARD .7 (c) FOR EACH PROPERTY TAX STRUCTURE OPTION, THE8 COMMISSION SHALL CONSIDER THE FOLLOWING FACTORS :9 (I) LOCAL CONTROL;10 (II) IMPACT TO PROPERTY OWNERS AND LOCAL TAXING11 JURISDICTIONS IN DIFFERENT AREAS OF THE STATE;12 (III) IMPACT TO RESIDENTIAL AND NONRESIDENTIAL REAL13 PROPERTY;14 (IV) IMPACT TO SCHOOL FINANCE AND THE BUDGET STABILIZATION15 FACTOR;16 (V) LONG-TERM IMPACT TO PROPERTY OWNERS AND LOCAL17 TAXING JURISDICTIONS UNDER DIFFERENT PROPERTY VALUE GROWTH18 SCENARIOS;19 (VI) IMPACTS TO HOUSING AFFORDABILITY , INCLUDING FOR20 RESIDENTIAL TENANTS;21 (VII) IMPACTS TO RESIDENTIAL TENANTS, INCENTIVES FOR22 DEVELOPMENT, AND THE POTENTIAL FOR LOWER PROPERTY TAXES FOR23 RESIDENCES AS A RESULT OF CHANGING TO A LAND VALUE TAX SYSTEM ;24 (VIII) IMPACTS TO THE ABILITY OF COUNTIES TO PROVIDE25 STATUTORILY MANDATED AND VOTER -APPROVED SERVICES TO COLORADO26 RESIDENTS; AND27 1003 -7- (IX) DISPROPORTIONATE IMPACTS OF THE RISING TAX BILLS ON1 PEOPLE WITH LOWER INCOMES, ESPECIALLY PEOPLE WITH FIXED INCOMES,2 IN PROVIDING FAIR AND EQUITABLE PROPERTY TAX RELIEF .3 (6) (a) NO LATER THAN MARCH 1, 2024, THE COMMISSION SHALL4 MAKE A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ,5 INCLUDING RECOMMENDATIONS FOR BOTH SHORT-TERM AND LONG-TERM6 LEGISLATIVE CHANGES THAT WILL FURTHER THE PURPOSE OF THE7 COMMISSION SET FORTH IN SUBSECTION (5)(a) OF THIS SECTION.8 (b) THE COMMISSION REPORT MUST CONTAIN ONLY9 RECOMMENDATIONS SUPPORTED BY ELEVEN OR MORE MEMBERS OF THE10 COMMISSION.11 (c) IF A MAJORITY OF COMMISSION MEMBERS VOTE TO EXTEND THE12 WORK OF THE COMMISSION PAST MARCH 1, 2024, IN ACCORDANCE WITH13 SUBSECTION (4)(a) OF THIS SECTION, THEN THE COMMISSION SHALL MAKE14 A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR IN15 ACCORDANCE WITH THIS SUBSECTION (6) NO LATER THAN DECEMBER 31,16 2024.17 (7) THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL,18 CREATED IN SECTION 2-3-301 (1), MAY ALLOCATE FUNDING FROM THE19 LEGISLATIVE DEPARTMENT CASH FUND , CREATED IN SECTION 2-2-1601,20 FOR THE PURPOSES OF THE COMMISSION INCLUDING FOR HIRING21 PROFESSIONAL FACILITATION SERVICES , PUBLIC OUTREACH AND22 ENGAGEMENT, AND OTHER NECESSARY SERVICES .23 (8) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2024.24 SECTION 3. Appropriation. (1) For the 2023-24 state fiscal25 year, $80,271 is appropriated to the legislative department. This26 appropriation is from the general fund. To implement this act, the27 1003 -8- department may use this appropriation as follows:1 (a) $8,492 for use by the general assembly;2 (b) $63,185 for use by the legislative council, which amount is3 based on an assumption that the legislative council will require an4 additional 0.8 FTE; and5 (c) $8,594 for use by the office of legislative legal services, which6 amount is based on an assumption that the office will require an7 additional 0.1 FTE.8 SECTION 4. Safety clause. The general assembly finds,9 determines, and declares that this act is necessary for the immediate10 preservation of the public peace, health, or safety or for appropriations for11 the support and maintenance of the departments of the state and state12 institutions.13 1003 -9-