9 | | - | ONCERNING A REDUCTION IN PROPERTY TAXES , AND, IN CONNECTION |
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10 | | - | THEREWITH |
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11 | | - | , CREATING A LIMIT ON ANNUAL PROPERTY TAX |
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12 | | - | INCREASES FOR CERTAIN LOCAL GOVERNMENTS |
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13 | | - | ; TEMPORARILY |
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14 | | - | REDUCING THE VALUATION FOR ASSESSMENT OF CERTAIN |
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15 | | - | RESIDENTIAL AND NONRESIDENTIAL PROPERTY |
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16 | | - | ; CREATING NEW |
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17 | | - | SUBCLASSES OF PROPERTY |
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18 | | - | ; PERMITTING THE STATE TO RETAIN AND |
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19 | | - | SPEND REVENUE UP TO THE PROPOSITION |
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20 | | - | HH CAP; REQUIRING THE |
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21 | | - | RETAINED REVENUE TO BE USED TO REIMBURSE CERTAIN LOCAL |
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22 | | - | GOVERNMENTS FOR LOST PROPERTY TAX REVENUE AND TO BE |
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23 | | - | DEPOSITED IN THE STATE EDUCATION FUND TO BACKFILL THE |
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24 | | - | REDUCTION IN SCHOOL DISTRICT PROPERTY TAX REVENUE |
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25 | | - | ; |
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26 | | - | TRANSFERRING GENERAL FUND MONEY TO THE STATE PUBLIC SC HOOL |
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27 | | - | FUND AND TO A CASH FUND TO ALSO BE USED FOR THE |
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28 | | - | REIMBURSEMENTS |
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29 | | - | ; ELIMINATING THE CAP ON THE AMOUNT OF EXCESS |
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30 | | - | STATE REVENUES THAT MAY BE USED FOR THE REIMBURSEMENTS FOR |
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31 | | - | THE |
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32 | | - | 2023 PROPERTY TAX YEAR; REFERRING A BALLOT ISSUE; AND |
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33 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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34 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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35 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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36 | | - | history, or the Session Laws. |
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37 | | - | ________ |
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38 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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39 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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40 | | - | the act. MAKING AN APPROPRIATION. |
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41 | | - | |
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42 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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43 | | - | SECTION 1. In Colorado Revised Statutes, 22-40-102, amend (3) |
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44 | | - | and (6) as follows: |
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45 | | - | 22-40-102. Certification - tax revenues - repeal. (3) (a) The board |
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46 | | - | of education of a school district which had an actual enrollment of more |
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47 | | - | than fifty thousand pupils during the preceding school year may make the |
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48 | | - | certification provided for in subsection (1) of this section no later than |
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49 | | - | December 15. |
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| 13 | + | ONCERNING A REDUCTION IN PROPERTY TAXES , AND, IN CONNECTION101 |
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| 14 | + | THEREWITH, CREATING A LIMIT ON ANNUAL PROPERTY TAX102 |
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| 15 | + | INCREASES FOR CERTAIN LOCAL GOVERNMENTS ; TEMPORARILY103 |
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| 16 | + | REDUCING THE VALUATION FOR ASSESSMENT OF CERTAIN104 |
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| 17 | + | RESIDENTIAL AND NONRESIDENTIAL PROPERTY ; CREATING NEW105 |
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| 18 | + | SUBCLASSES OF PROPERTY ; PERMITTING THE STATE TO RETAIN106 |
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| 19 | + | AND SPEND REVENUE UP TO THE PROPOSITION HH CAP;107 |
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| 20 | + | REQUIRING THE RETAINED REVENUE TO BE USED TO REIMBURSE108 |
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| 21 | + | CERTAIN LOCAL GOVERNMENTS FOR LOST PROPERTY TAX109 |
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| 22 | + | REVENUE AND TO BE DEPOSITED IN THE STATE EDUCATION FUND110 |
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| 23 | + | TO BACKFILL THE REDUCTION IN SCHOOL DISTRICT PROPERTY111 |
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| 24 | + | TAX REVENUE; TRANSFERRING GENERAL FUND MONEY TO |
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| 25 | + | THE112 |
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| 26 | + | STATE PUBLIC SCHOOL FUND AND TO A CASH FUND TO ALSO BE113 |
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| 27 | + | HOUSE |
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| 28 | + | Amended 3rd Reading |
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| 29 | + | May 8, 2023 |
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| 30 | + | HOUSE |
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| 31 | + | Amended 2nd Reading |
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| 32 | + | May 7, 2023 |
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| 33 | + | SENATE |
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| 34 | + | 3rd Reading Unamended |
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| 35 | + | May 4, 2023 |
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| 36 | + | SENATE |
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| 37 | + | Amended 2nd Reading |
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| 38 | + | May 3, 2023 |
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| 39 | + | SENATE SPONSORSHIP |
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| 40 | + | Fenberg and Hansen, Bridges, Buckner, Moreno, Priola |
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| 41 | + | HOUSE SPONSORSHIP |
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| 42 | + | deGruy Kennedy and Weissman, |
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| 43 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 44 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 45 | + | Dashes through the words or numbers indicate deletions from existing law. USED FOR THE REIMBURSEMENTS ; ELIMINATING THE CAP ON101 |
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| 46 | + | THE AMOUNT OF EXCESS STATE REVENUES THAT MAY BE USED102 |
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| 47 | + | FOR THE REIMBURSEMENTS FOR THE 2023 PROPERTY TAX YEAR;103 |
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| 48 | + | REFERRING A BALLOT ISSUE ; AND MAKING AN104 |
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| 49 | + | APPROPRIATION.105 |
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| 50 | + | Bill Summary |
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| 51 | + | (Note: This summary applies to this bill as introduced and does |
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| 52 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 53 | + | passes third reading in the house of introduction, a bill summary that |
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| 54 | + | applies to the reengrossed version of this bill will be available at |
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| 55 | + | http://leg.colorado.gov |
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| 56 | + | .) |
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| 57 | + | Section 3 of the bill requires the secretary of state to refer a ballot |
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| 58 | + | issue to voters at the November 2023 election that asks voters whether |
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| 59 | + | property taxes should be reduced and that seeks voter approval to retain |
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| 60 | + | and spend excess state revenues that will be used to backfill some of the |
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| 61 | + | reduced property tax revenue. Most of the bill only becomes effective if |
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| 62 | + | the voters approve the ballot issue. |
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| 63 | + | Local government property tax revenue limit. Beginning with |
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| 64 | + | the 2023 property tax year, section 6 establishes a limit on specified |
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| 65 | + | property tax revenue for local governments, excluding those that are |
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| 66 | + | home rule and school districts, that is equal to inflation above the property |
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| 67 | + | tax revenue from the prior property tax year (limit). A local government |
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| 68 | + | may establish a temporary property tax credit, which does not change the |
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| 69 | + | gross mill levy, that is up to the number of mills necessary to prevent the |
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| 70 | + | local government's property tax revenue from exceeding the limit. |
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| 71 | + | Alternatively, the governing board may approve a mill levy that would |
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| 72 | + | cause the local government to exceed the limit, if the governing board |
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| 73 | + | approves the mill levy at a public meeting that meets certain criteria. |
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| 74 | + | Valuation changes. The valuation for assessment (valuation) of |
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| 75 | + | nonresidential real and personal property, excluding producing mines and |
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| 76 | + | lands or leaseholds producing oil or gas, is based on an assessment rate |
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| 77 | + | of 29% of actual value, but currently, there are temporary reductions in |
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| 78 | + | the valuation for certain subclasses of property. Section 8 creates the |
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| 79 | + | additional temporary reductions. For the 2023 property tax year: |
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| 80 | + | ! For lodging property, property listed under any improved |
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| 81 | + | commercial subclass code, and all other nonresidential |
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| 82 | + | property, excluding agricultural property and renewable |
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| 83 | + | energy production property, the assessment rate is reduced |
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| 84 | + | from 27.9% to 27.85%; |
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| 85 | + | ! For renewable energy agricultural land, which is a newly |
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| 86 | + | created subclass of agricultural property that is valued |
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| 87 | + | 303-2- under section 7, the assessment rate is reduced from 26.4% |
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| 88 | + | to 21.9%. |
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| 89 | + | Thereafter, the assessment rate for lodging property and all |
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| 90 | + | nonresidential property, excluding agricultural property and renewable |
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| 91 | + | energy production property and property that is not under a vacant land |
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| 92 | + | subclass, is reduced from 29% to: |
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| 93 | + | ! 27.85% for the 2024 through 2026 property tax years; |
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| 94 | + | ! 27.65% for the 2027 and 2028 property tax years; |
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| 95 | + | ! 26.9% for the 2029 and 2030 property tax years; and |
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| 96 | + | ! 25.9% or 26.9% for the 2031 and 2032 property tax years, |
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| 97 | + | depending on the increase in the valuation in the 32 |
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| 98 | + | counties with the smallest increases from the 2030 to 2031 |
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| 99 | + | property tax years (revenue increases). |
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| 100 | + | The assessment rate for agricultural property, excluding renewable |
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| 101 | + | energy agricultural land, and renewable energy property is reduced from |
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| 102 | + | 29% to: |
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| 103 | + | ! 26.4% for the 2025 through 2030 property tax years; and |
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| 104 | + | ! 25.9% or 26.4% for the 2031 and 2032 property tax years, |
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| 105 | + | depending on the increase in the valuation in the 32 |
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| 106 | + | counties with the smallest revenue increases. |
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| 107 | + | The assessment rate for renewable energy agricultural land is |
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| 108 | + | reduced from 29% to 21.9% for the 2024 through 2032 property tax |
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| 109 | + | years. |
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| 110 | + | Beginning with the 2033 property tax year, all of the temporary |
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| 111 | + | valuation reductions expire and the valuation of all nonresidential real |
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| 112 | + | property is 29% of the actual value of the property. |
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| 113 | + | The valuation of residential real property is based on an |
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| 114 | + | assessment rate of 7.15% of actual value, but currently, there are |
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| 115 | + | temporary reductions in the valuation. Section 9 further reduces the |
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| 116 | + | valuation of residential real property. For the 2023 property tax year, the |
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| 117 | + | valuation is reduced from 6.765% of the amount equal to the actual value |
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| 118 | + | minus the lesser of $15,000 or the amount that causes the valuation to be |
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| 119 | + | $1,000 (alternate amount) to 6.7% of the amount equal to the actual value |
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| 120 | + | minus the lesser of $40,000 or the alternate amount. |
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| 121 | + | For the 2024 property tax year, the valuation is reduced as follows: |
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| 122 | + | ! For multi-family residential real property, the valuation is |
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| 123 | + | reduced from 6.8% of the actual value to 6.7% of the |
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| 124 | + | amount equal to the actual value minus the lesser of |
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| 125 | + | $40,000 or the alternate amount; and |
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| 126 | + | ! For all other residential real property, the valuation is |
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| 127 | + | reduced from an estimate of 6.98% of the actual value to |
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| 128 | + | 6.7% of the amount equal to the actual value minus the |
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| 129 | + | lesser of $40,000 or the alternate amount. |
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| 130 | + | For the 2025 through 2032 property tax years: |
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| 131 | + | ! For multi-family residential real property and primary |
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| 132 | + | 303 |
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| 133 | + | -3- residence real property, including multi-family primary |
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| 134 | + | residence real property, the valuation is reduced from |
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| 135 | + | 7.15% of the actual value to 6.7% of the actual value minus |
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| 136 | + | the lesser of $40,000 or the alternate amount; |
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| 137 | + | ! For qualified-senior primary residence real property, |
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| 138 | + | including multi-family qualified-senior primary residence |
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| 139 | + | real property, the valuation is reduced from 7.15% of the |
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| 140 | + | actual value to 6.7% of the amount equal to the actual value |
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| 141 | + | minus $140,000 or the alternate amount; and |
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| 142 | + | ! For all other residential real property, the assessment rate |
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| 143 | + | is reduced from 7.15% to 7.1%. |
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| 144 | + | Beginning with the 2033 property tax year, all of the temporary |
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| 145 | + | valuation reductions expire and the valuation of all residential real |
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| 146 | + | property is 7.15% of the actual value of the property. |
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| 147 | + | The bill also establishes that all of the temporary reductions in |
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| 148 | + | valuation for residential and nonresidential property created in the bill are |
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| 149 | + | contingent on the state's ability to retain and spend state surplus up to the |
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| 150 | + | proposition HH cap. If, for any reason, excluding a legislative enactment |
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| 151 | + | by the general assembly, the state is not permitted to retain and spend this |
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| 152 | + | money, then the temporary reductions in the bill do not apply. |
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| 153 | + | Section 11 creates the residential subclass of primary residence |
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| 154 | + | real property for owner-occupiers and establishes administrative |
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| 155 | + | procedures related to the classification that are based on the procedures |
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| 156 | + | for the homestead exemption, with those procedures expanded to treat |
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| 157 | + | civil union partners like spouses. Section 11 also creates the residential |
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| 158 | + | subclass of qualified-senior primary residence real property, which is a |
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| 159 | + | property with an owner-occupier who previously qualified for the senior |
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| 160 | + | homestead exemption for a different property and who does not qualify |
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| 161 | + | for the exemption for the current property tax year. |
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| 162 | + | Sections 1, 12, 13, 15, and 16 delay deadlines as necessary due to |
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| 163 | + | the valuation changes for the 2023 property tax year. |
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| 164 | + | The state is currently required to reimburse local governmental |
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| 165 | + | entities for property tax revenue lost as a result of the reductions in |
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| 166 | + | valuation enacted in Senate Bill 22-238. Section 14 modifies this backfill |
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| 167 | + | mechanism by: |
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| 168 | + | ! Specifying that the amount of revenue lost for a property |
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| 169 | + | tax year is based on a local governmental entity's mill levy |
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| 170 | + | for the 2022 property tax year, excluding specified mills; |
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| 171 | + | ! Including the additional property tax revenue reductions |
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| 172 | + | that result from the bill in the backfill for the 2023 property |
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| 173 | + | tax year; |
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| 174 | + | ! Eliminating the maximum amount of the backfill for the |
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| 175 | + | 2023 property tax year that is a refund of excess state |
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| 176 | + | revenues; |
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| 177 | + | ! Extending the backfill for the 2024 through 2032 property |
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| 178 | + | 303 |
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| 179 | + | -4- tax years for the valuation reductions in the bill, but making |
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| 180 | + | a local governmental entity that has an increase in real |
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| 181 | + | property total valuation of 20% or more from the 2022 |
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| 182 | + | property tax year ineligible for the backfill; |
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| 183 | + | ! Creating the local government backfill cash fund, which |
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| 184 | + | includes a $128 million general fund transfer, and requiring |
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| 185 | + | the money from the fund to be used to backfill revenue to |
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| 186 | + | local governments beginning with the 2024 property tax |
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| 187 | + | year; and |
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| 188 | + | ! Beginning with the 2024 property tax year, proportionally |
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| 189 | + | reducing the amount that each eligible local government |
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| 190 | + | receives, if necessary to avoid exceeding the total amount |
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| 191 | + | that is available for the backfills statewide. |
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| 192 | + | Section 14 also modifies the backfill mechanism to treat cities and |
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| 193 | + | counties as counties instead of municipalities, and this change is not |
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| 194 | + | contingent on voter-approval of the ballot issue. Section 18 requires the |
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| 195 | + | department of revenue to calculate the amount of excess state revenues |
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| 196 | + | that will be refunded for the fiscal year 2022-23 with and without the |
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| 197 | + | changes from the bill. |
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| 198 | + | Voter-approved revenue change. If the voters approve the |
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| 199 | + | referred ballot issue, then the state will be authorized to retain and spend |
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| 200 | + | revenues up to the proposition HH cap, created in section 3. For the |
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| 201 | + | 2023-24 fiscal year, the proposition HH cap is equal to the excess state |
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| 202 | + | revenues cap for the prior fiscal year, adjusted for inflation plus 1% and |
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| 203 | + | population changes. Thereafter, the proposition HH cap is equal to the |
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| 204 | + | proposition HH cap for the prior fiscal year, adjusted for inflation plus |
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| 205 | + | 1% and population changes. The proposition HH cap is also annually |
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| 206 | + | adjusted for the qualification or disqualification of enterprises and debt |
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| 207 | + | service changes. |
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| 208 | + | If the general assembly does not enact assessment rates for the |
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| 209 | + | 2033 property tax year that are the same or lower than the assessment |
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| 210 | + | rates for the 2032 property tax year described above, then the proposition |
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| 211 | + | HH cap is reduced to be equal to the excess state revenues cap, and the |
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| 212 | + | state will retain $0 under this authority beginning with the 2031-32 fiscal |
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| 213 | + | year. Thereafter, the general assembly may partially or wholly restore the |
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| 214 | + | proposition HH cap without additional voter approval if the general |
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| 215 | + | assembly enacts valuation reductions equal to or greater than those for the |
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| 216 | + | 2032 property tax year. |
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| 217 | + | The amount retained under this authority is first used in the |
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| 218 | + | following fiscal year to backfill certain local governments for the reduced |
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| 219 | + | property tax revenue as a result of the property tax changes in the bill and |
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| 220 | + | Senate Bill 22-238, and the remainder is transferred to the state education |
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| 221 | + | fund to offset the revenue that school districts lose as a result of the |
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| 222 | + | property tax changes. Section 5 requires the state controller to include the |
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| 223 | + | new voter-approved revenue change in the annual report on TABOR |
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| 224 | + | 303 |
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| 225 | + | -5- revenues. |
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| 226 | + | Sections 2, 4, 10, and 17 make conforming amendments related |
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| 227 | + | to the valuation changes and related procedures and the voter-approved |
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| 228 | + | revenue changes. |
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| 229 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 230 | + | SECTION 1. In Colorado Revised Statutes, 22-40-102, amend2 |
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| 231 | + | (3) and (6) as follows:3 |
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| 232 | + | 22-40-102. Certification - tax revenues - repeal. (3) (a) The4 |
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| 233 | + | board of education of a school district which had an actual enrollment of5 |
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| 234 | + | more than fifty thousand pupils during the preceding school year may6 |
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| 235 | + | make the certification provided for in subsection (1) of this section no7 |
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| 236 | + | later than December 15.8 |
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195 | | - | F THE PROPOSITION HH CAP IS REDUCED BY OPERATION OF |
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| 359 | + | F THE PROPOSITION HH CAP IS REDUCED BY OPERATION OF26 |
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| 360 | + | SUBSECTION (1)(b)(I) OF THIS SECTION, THE GENERAL ASSEMBLY MAY ,27 |
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| 361 | + | 303 |
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| 362 | + | -9- WITHOUT ADDITIONAL VOTER APPROVAL , ENACT LEGISLATION TO RESTORE1 |
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| 363 | + | THE CAP FOR A FISCAL YEAR TO AN AMOUNT THAT IS LESS THAN OR EQUAL2 |
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| 364 | + | TO THE AMOUNT THAT THE PROPOSITION HH CAP WOULD HAVE BEEN FOR3 |
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| 365 | + | THE FISCAL YEAR UNDER SUBSECTION (1)(a)(II) OF THIS SECTION IF4 |
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| 366 | + | SUBSECTION (1)(b)(I) OF THIS SECTION HAD NOT APPLIED IF , FOR THE5 |
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| 367 | + | PROPERTY TAX YEAR THAT ENDS DURING THE FISCAL YEAR , THE GENERAL6 |
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| 368 | + | ASSEMBLY:7 |
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| 369 | + | (A) E |
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| 370 | + | STABLISHES VALUATIONS FOR ASSESSMENT THAT ARE LESS8 |
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| 371 | + | THAN OR EQUAL TO THE TEMPORARILY REDUCED VALUATIONS FOR9 |
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| 372 | + | ASSESSMENT ESTABLISHED IN SECTIONS 39-1-104 (1)(b)(V), (1.8)(a)(III),10 |
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| 373 | + | (1.8)(a)(IV), |
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| 374 | + | AND (1.8)(b)(VI) AND |
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| 375 | + | 39-1-104.2 (3)(q)(III) AND (3)(r)(IV)11 |
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| 376 | + | IN THIS SENATE BILL 23-____ FOR THE PROPERTY TAX YEAR COMMENCING12 |
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| 377 | + | ON JANUARY 1, 2032, FOR THE SAME CLASSES OF PROPERTY; OR13 |
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| 378 | + | (B) |
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| 379 | + | REDUCES THE VALUATIONS FOR ASSESSMENT DIFFERENTLY14 |
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| 380 | + | FROM THE VALUATIONS FOR ASSESSMENT ESTABLISHED IN THIS SENATE15 |
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| 381 | + | B |
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| 382 | + | ILL 23-____, BUT THE AGGREGATE REDUCTION IN THE VALUATION FOR16 |
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| 383 | + | ASSESSMENT STATEWIDE FROM THE REDUCTIONS IS GREATER THAN OR17 |
---|
| 384 | + | EQUAL TO THE ESTIMATED AGGREGATE REDUCTION IN THE VALUATION FOR18 |
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| 385 | + | ASSESSMENTS FROM THE MINIMUM REDUCTIONS IN VALUATION FOR19 |
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| 386 | + | ASSESSMENT NECESSARY TO MEET THE C ONDITION SPECIFIED IN20 |
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| 387 | + | SUBSECTION (1)(b)(II)(A) OF THIS SECTION.21 |
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| 388 | + | (c) F |
---|
| 389 | + | OR PURPOSES OF THE CALCULATION SET FORTH IN THIS22 |
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| 390 | + | SUBSECTION (1):23 |
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| 391 | + | (I) I |
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| 392 | + | NFLATION AND THE PERCENTAGE CHANGE IN STATE24 |
---|
| 393 | + | POPULATION ARE THE SAME RATES THAT ARE USED IN CALCULATING THE25 |
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| 394 | + | MAXIMUM ANNUAL PERCENTAGE CHANGE IN STATE FISCAL YEAR SPENDING26 |
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| 395 | + | PURSUANT TO SECTION 24-77-103; AND27 |
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| 396 | + | 303 |
---|
| 397 | + | -10- (II) THE QUALIFICATION OR DISQUALIFICATION OF AN ENTERPRISE1 |
---|
| 398 | + | OR A DEBT SERVICE CHANGE AFFECTS THE PROPOSITION HH CAP IN THE2 |
---|
| 399 | + | SAME MANNER AS THE CHANGE AFFECTS THE LIMITATION ON STATE FISCAL3 |
---|
| 400 | + | YEAR SPENDING.4 |
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| 401 | + | (2) T |
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| 402 | + | HIS SECTION DOES NOT AFFECT THE AMOUNT THAT THE STATE5 |
---|
| 403 | + | IS PERMITTED TO RETAIN AND SPEND UNDER THE AUTHORITY CONFERRED6 |
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| 404 | + | BY THE VOTERS' APPROVAL OF SECTION 24-77-103.6.7 |
---|
| 405 | + | (3) (a) T |
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| 406 | + | HE PROPOSITION HH GENERAL FUND EXEMPT ACCOUNT IS8 |
---|
| 407 | + | HEREBY CREATED IN THE GENERAL FUND . THE ACCOUNT CONSISTS OF AN9 |
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| 408 | + | AMOUNT EQUAL TO THE AMOUNT OF STATE SURPLUS THAT THE STATE IS10 |
---|
| 409 | + | AUTHORIZED TO RETAIN AND SPEND UNDER THIS PART 2 FOR THE PRIOR11 |
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| 410 | + | FISCAL YEAR, IF ANY. THE STATE TREASURER SHALL CREDIT ALL INTEREST12 |
---|
| 411 | + | AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN13 |
---|
| 412 | + | THE PROPOSITION HH GENERAL FUND EXEMPT ACCOUNT TO THE ACC OUNT .14 |
---|
| 413 | + | (b) T |
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| 414 | + | HE MONEY IN THE ACCOUNT FOR EACH FISCAL YEAR15 |
---|
| 415 | + | BEGINNING WITH THE 2023-24 FISCAL YEAR MUST BE USED AS FOLLOWS :16 |
---|
| 416 | + | (I) T |
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| 417 | + | HE MONEY IS FIRST USED TO PROVIDE REIMBURSEMENTS TO17 |
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| 418 | + | LOCAL GOVERNMENTS UNDER SECTION |
---|
| 419 | + | 39-3-210 (4)(a)(II);18 |
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| 420 | + | (II) IF THERE IS ANY MONEY REMAINING AFTER THE ALLOCATION19 |
---|
| 421 | + | SET FORTH IN SUBSECTION (3)(b)(I) OF THIS SECTION, THE STATE20 |
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| 422 | + | TREASURER SHALL TRANSFER AN AMOUNT EQUAL TO THE REMAINDER,21 |
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| 423 | + | FIVE PERCENT OF THE TOTAL AMOUNT IN THE ACCOUNT FOR THE FISCAL22 |
---|
| 424 | + | YEAR, OR TWENTY MILLION DOLLARS, WHICHEVER AMOUNT IS THE LEAST,23 |
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| 425 | + | TO THE HOUSING DEVELOPMENT GRANT FUND CREATED IN SECTION24 |
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| 426 | + | 24-32-721 (1) TO BE USED TO REDUCE THE AMOUNT OF PROPERTY TAXES25 |
---|
| 427 | + | THAT ARE PAID AS A PORTION OF A TENANT'S RENT THROUGH A PROGRAM26 |
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| 428 | + | ESTABLISHED UNDER SUBSECTION (2)(d)(VI) OF SAID SECTION; AND27 |
---|
| 429 | + | 303 |
---|
| 430 | + | -11- (III) AS SOON AS POSSIBLE AFTER RECEIVING THE REPORT FROM1 |
---|
| 431 | + | THE PROPERTY TAX ADMINISTRATOR IN ACCORDANCE WITH SECTION2 |
---|
| 432 | + | 39-3-210 |
---|
| 433 | + | (3), THE STATE TREASURER SHALL TRANSFER THE AMOUNT , IF3 |
---|
| 434 | + | ANY, IN THE ACCOUNT THAT IS IN EXCESS OF THE AMOUNT THAT WILL BE4 |
---|
| 435 | + | USED IN ACCORDANCE WITH |
---|
| 436 | + | SUBSECTIONS (3)(b)(I) AND (3)(b)(II) OF THIS5 |
---|
| 437 | + | SECTION TO THE STATE EDUCATION FUND CREATED IN SECTION 17 OF6 |
---|
| 438 | + | ARTICLE IX OF THE STATE CONSTITUTION.7 |
---|
| 439 | + | (4) T |
---|
| 440 | + | HE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT :8 |
---|
| 441 | + | (a) P |
---|
| 442 | + | UBLIC SCHOOL FUNDING CONSISTS OF A COMBINATION OF9 |
---|
| 443 | + | STATE AND LOCAL SCHOOL DISTRICT REVENUE ;10 |
---|
| 444 | + | (b) U |
---|
| 445 | + | NDER THE CURRENT SCHOOL FINANCE FORMULA , AN11 |
---|
| 446 | + | INCREASE IN STATE FUNDING CAN BACKFILL A DECREASE IN LOCAL12 |
---|
| 447 | + | PROPERTY TAX REVENUE;13 |
---|
| 448 | + | (c) R |
---|
| 449 | + | EDUCTIONS IN PROPERTY TAX VALUATIONS REDUCE THE14 |
---|
| 450 | + | LOCAL PROPERTY TAX REVENUE COLLECTED FOR LOCAL GOVERNMENTS ,15 |
---|
| 451 | + | INCLUDING SCHOOL DISTRICTS;16 |
---|
| 452 | + | (d) M |
---|
| 453 | + | ONEY IN THE STATE EDUCATION FUND IS USED TO PROVIDE17 |
---|
| 454 | + | FUNDING FOR LOCAL SCHOOL DISTRICTS ; AND18 |
---|
| 455 | + | (e) I |
---|
| 456 | + | T IS THE INTENT OF THE GENERAL ASSEMBLY THAT19 |
---|
| 457 | + | TRANSFERRING A PORTION OF THE MONEY FROM THE ACCOUNT TO THE20 |
---|
| 458 | + | STATE EDUCATION FUND IN ACCORDANCE WITH SUBSECTION (3) OF THIS21 |
---|
| 459 | + | SECTION PROVIDES ADDITIONAL FUNDING TO LOCAL SCHOOL DISTRICTS IN22 |
---|
| 460 | + | ORDER TO BACKFILL PROPERTY TAX REVENUE REDUCTIONS RESULTING23 |
---|
| 461 | + | FROM PROPERTY TAX CHANGES ENACTED IN THIS |
---|
| 462 | + | SENATE BILL 23-___ AND24 |
---|
| 463 | + | THAT THE MONEY SO TRANSFERRED SHALL NOT SUPPLANT GENERAL FUND25 |
---|
| 464 | + | APPROPRIATIONS MADE FOR SCHOOL DISTRICTS' TOTAL PROGRAM, AS26 |
---|
| 465 | + | DEFINED BY SECTION 22-54-103 (6).27 |
---|
| 466 | + | 303 |
---|
| 467 | + | -12- 24-77-204. Repeal. (1) I F A MAJORITY OF THE ELECTORS VOTING1 |
---|
| 468 | + | ON THE BALLOT ISSUE VOTE "NO/AGAINST", THEN THIS PART 2 IS2 |
---|
| 469 | + | REPEALED, EFFECTIVE JULY 1, 2024.3 |
---|
| 470 | + | (2) I |
---|
| 471 | + | F A MAJORITY OF THE ELECTORS VOTING ON THE BALLOT ISSUE4 |
---|
| 472 | + | VOTE "YES/FOR", THEN THIS SECTION IS REPEALED, EFFECTIVE JULY 1,5 |
---|
| 473 | + | 2024.6 |
---|
| 474 | + | SECTION 4. In Colorado Revised Statutes, 22-55-103, amend7 |
---|
| 475 | + | (1) as follows:8 |
---|
| 476 | + | 22-55-103. State education fund - creation - transfers to fund9 |
---|
| 477 | + | - use of money in fund - permitted investments - exempt from10 |
---|
| 478 | + | spending limitations. (1) In accordance with section 17 (4) of article IX11 |
---|
| 479 | + | of the state constitution, there is hereby created in the state treasury the12 |
---|
| 480 | + | state education fund. The fund shall consist |
---|
| 481 | + | CONSISTS of state education13 |
---|
| 482 | + | fund revenues, |
---|
| 483 | + | MONEY TRANSFERRED TO THE FUND IN ACCORDANCE WITH14 |
---|
| 484 | + | SECTION 24-77-203 |
---|
| 485 | + | (3)(b)(III), all interest and income earned on the15 |
---|
| 486 | + | deposit and investment of moneys MONEY in the fund, and any gifts or16 |
---|
| 487 | + | other moneys MONEY that are exempt from the limitation on state fiscal17 |
---|
| 488 | + | year spending set forth in section 20 (7)(a) of article X of the state18 |
---|
| 489 | + | constitution and section 24-77-103 C.R.S., that may be credited to the19 |
---|
| 490 | + | fund. All interest and income derived from the deposit and investment of20 |
---|
| 491 | + | moneys MONEY in the fund shall be ARE credited to the fund. At the end21 |
---|
| 492 | + | of any state fiscal year, all unexpended and unencumbered moneys22 |
---|
| 493 | + | MONEY in the fund shall remain REMAINS in the fund and shall not revert23 |
---|
| 494 | + | to the general fund or any other fund.24 |
---|
| 495 | + | SECTION 5. In Colorado Revised Statutes, 24-77-106.5, amend25 |
---|
| 496 | + | (1) as follows:26 |
---|
| 497 | + | 24-77-106.5. Annual financial report - certification of excess27 |
---|
| 498 | + | 303 |
---|
| 499 | + | -13- state revenues. (1) (a) For each fiscal year, the controller shall prepare1 |
---|
| 500 | + | a financial report for the state for purposes of ascertaining compliance2 |
---|
| 501 | + | with the provisions of this article. Any financial report prepared pursuant3 |
---|
| 502 | + | to this section shall include, but shall not be limited to, state fiscal year4 |
---|
| 503 | + | spending, reserves, revenues, revenues that the state is authorized to5 |
---|
| 504 | + | retain and spend pursuant to voter approval of section 24-77-103.6 |
---|
| 505 | + | OR6 |
---|
| 506 | + | PURSUANT TO PART 2 OF THIS ARTICLE 77, and debt. Such |
---|
| 507 | + | THE financial7 |
---|
| 508 | + | report shall be audited by the state auditor.8 |
---|
| 509 | + | (b) Notwithstanding section 24-1-136 (11)(a)(I), based upon the9 |
---|
| 510 | + | financial report prepared in accordance with subsection (1)(a) of this10 |
---|
| 511 | + | section for any given fiscal year, the controller shall certify to the11 |
---|
| 512 | + | governor, the general assembly, and the executive director of the12 |
---|
| 513 | + | department of revenue no later than September 1 following the end of a13 |
---|
| 514 | + | fiscal year the amount of state revenues in excess of the limitation on14 |
---|
| 515 | + | state fiscal year spending imposed by section 20 (7)(a) of article X of the15 |
---|
| 516 | + | state constitution, if any, for such fiscal year and the state revenues in16 |
---|
| 517 | + | excess of such limitation that the state is authorized to retain and spend17 |
---|
| 518 | + | pursuant to voter approval of section 24-77-103.6 |
---|
| 519 | + | OR PURSUANT TO PART18 |
---|
| 520 | + | 2 |
---|
| 521 | + | OF THIS ARTICLE 77.19 |
---|
| 522 | + | SECTION 6. In Colorado Revised Statutes, add 29-1-306 as20 |
---|
| 523 | + | follows:21 |
---|
| 524 | + | 29-1-306. Limitation on property tax revenue - temporary22 |
---|
| 525 | + | property tax credit - governing body override - notice - definitions.23 |
---|
| 526 | + | (1) A |
---|
| 527 | + | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24 |
---|
| 528 | + | REQUIRES:25 |
---|
| 529 | + | (a) "I |
---|
| 530 | + | NFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE26 |
---|
| 531 | + | U |
---|
| 532 | + | NITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS27 |
---|
| 533 | + | 303 |
---|
| 534 | + | -14- CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL1 |
---|
| 535 | + | ITEMS PAID BY ALL URBAN CONSUMERS , OR ITS APPLICABLE SUCCESSOR2 |
---|
| 536 | + | INDEX.3 |
---|
| 537 | + | (b) "L |
---|
| 538 | + | OCAL GOVERNMENT " MEANS A GOVERNMENTAL ENTITY4 |
---|
| 539 | + | AUTHORIZED BY LAW TO IMPOSE AD VALOREM TAXES ON TAXABLE5 |
---|
| 540 | + | PROPERTY LOCATED WITHIN ITS TERRITORIAL LIMITS ; EXCEPT THAT THE6 |
---|
| 541 | + | TERM EXCLUDES SCHOOL DISTRICTS AND ANY COUNTY , CITY AND COUNTY,7 |
---|
| 542 | + | CITY, OR TOWN THAT HAS ADOPTED A HOME RULE CHARTER .8 |
---|
| 543 | + | (c) "P |
---|
| 544 | + | ROPERTY TAX LIMIT" MEANS THE LIMIT ESTABLISHED IN9 |
---|
| 545 | + | SUBSECTION (2) OF THIS SECTION ON A LOCAL GOVERNMENT 'S PROPERTY10 |
---|
| 546 | + | TAX REVENUE FOR A PROPERTY TAX YEAR .11 |
---|
| 547 | + | (2) (a) F |
---|
| 548 | + | OR PROPERTY TAX YEARS COMMENCING ON AND AFTER12 |
---|
| 549 | + | J |
---|
| 550 | + | ANUARY 1, 2023, A LOCAL GOVERNMENT'S PROPERTY TAX REVENUE FOR13 |
---|
| 551 | + | A PROPERTY TAX YEAR SHALL NOT INCREASE BY MORE THAN INFLATION14 |
---|
| 552 | + | FROM THE LOCAL GOVERNMENT 'S PROPERTY TAX REVENUE FOR THE PRIOR15 |
---|
| 553 | + | PROPERTY TAX YEAR, UNLESS THE GOVERNING BODY OF THE LOCAL16 |
---|
| 554 | + | GOVERNMENT APPROVES THE INCREASE IN ACCORDANCE WITH17 |
---|
| 555 | + | SUBSECTION (4) OF THIS SECTION. THE GOVERNING BODY MAY ENACT A18 |
---|
| 556 | + | TEMPORARY PROPERTY TAX CREDIT THAT IS UP TO THE NUMBER OF MILLS19 |
---|
| 557 | + | NECESSARY TO PREVENT THE LOCAL GOVERNMENT 'S PROPERTY TAX20 |
---|
| 558 | + | REVENUE FROM EXCEEDING THIS PROPERTY TAX LIMIT .21 |
---|
| 559 | + | (b) T |
---|
| 560 | + | HE LIMIT SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION22 |
---|
| 561 | + | IS BASED ON THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF23 |
---|
| 562 | + | LABOR STATISTICS MOST RECENTLY PUBLISHED ESTIMATE OF INFLATION24 |
---|
| 563 | + | FOR THE PRIOR CALENDAR YEAR THAT IS AVAILABLE AS OF DECEMBER 1525 |
---|
| 564 | + | OF THE PROPERTY TAX YEAR FOR WHICH THE LIMIT IS BEING CALCULATED . 26 |
---|
| 565 | + | (3) (a) F |
---|
| 566 | + | OR PURPOSES OF CALCULATING THE PROPERTY TAX LIMIT ,27 |
---|
| 567 | + | 303 |
---|
| 568 | + | -15- PROPERTY TAX REVENUE THAT IS FROM THE FOLLOWING SOURCES OR IS1 |
---|
| 569 | + | USED FOR THE FOLLOWING PURPOSES IS EXCLUDED FROM PROPERTY TAX2 |
---|
| 570 | + | REVENUE FOR THE PROPERTY TAX YEAR :3 |
---|
| 571 | + | (I) P |
---|
| 572 | + | ROPERTY TAX REVENUE FROM THE INCREASED VALUATION FOR4 |
---|
| 573 | + | ASSESSMENT WITHIN THE TAXING ENTITY FOR THE PRECEDING YEAR THAT5 |
---|
| 574 | + | IS ATTRIBUTABLE TO NEW CONSTRUCTION AND PERSONAL PROPERTY6 |
---|
| 575 | + | CONNECTED THEREWITH , AS DEFINED BY THE PROPERTY TAX7 |
---|
| 576 | + | ADMINISTRATOR IN MANUALS PREPARED PURSUANT TO SECTION 39-2-1098 |
---|
| 577 | + | (1)(e);9 |
---|
| 578 | + | (II) P |
---|
| 579 | + | ROPERTY TAX REVENUE FROM THE INCREASED VALUATION10 |
---|
| 580 | + | FOR ASSESSMENT ATTRIBUTABLE TO A CHANGE IN LAW FOR A PROPERTY11 |
---|
| 581 | + | TAX CLASSIFICATION OR TO THE ANNEXATION OR INCLUSION OF12 |
---|
| 582 | + | ADDITIONAL LAND, THE IMPROVEMENTS THEREON , AND PERSONAL13 |
---|
| 583 | + | PROPERTY CONNECTED THEREWITH WITHIN THE TAXING ENTITY FOR THE14 |
---|
| 584 | + | PRECEDING YEAR;15 |
---|
| 585 | + | (III) P |
---|
| 586 | + | ROPERTY TAX REVENUE FOR PROPERTY THAT HAD16 |
---|
| 587 | + | PREVIOUSLY BEEN OMITTED FROM THE ASSESSMENT ROLL ;17 |
---|
| 588 | + | (IV) P |
---|
| 589 | + | ROPERTY TAX REVENUE ABATED OR REFUNDED BY THE18 |
---|
| 590 | + | LOCAL GOVERNMENT DURING THE PROPERTY TAX YEAR ;19 |
---|
| 591 | + | (V) |
---|
| 592 | + | PROPERTY TAX REVENUE ATTRIBUTABLE TO PREVIOUSLY20 |
---|
| 593 | + | LEGALLY EXEMPT FEDERAL PROPERTY THAT BECOMES TAXABLE IF SUCH21 |
---|
| 594 | + | PROPERTY CAUSES AN INCREASE IN THE LEVEL OF SERVICES PROVIDED BY22 |
---|
| 595 | + | THE LOCAL GOVERNMENT ; AND23 |
---|
| 596 | + | (VI) A |
---|
| 597 | + | NY AMOUNT FOR THE PAYMENT OF EXPENSES INCURRED IN24 |
---|
| 598 | + | THE REAPPRAISAL OF CLASSES OR SUBCLASSES ORDERED OR CONDUCTED25 |
---|
| 599 | + | BY THE STATE BOARD OF EQUALIZATION FOR THE PAYMENT TO THE STATE26 |
---|
| 600 | + | OF EXCESS STATE EQUALIZATION PAYMENTS TO SC HOOL DISTRICTS , WHICH27 |
---|
| 601 | + | 303 |
---|
| 602 | + | -16- EXCESS IS DUE TO THE UNDERVALUATION OF TAXABLE PROPERTY .1 |
---|
| 603 | + | (b) F |
---|
| 604 | + | OR PURPOSES OF CALCULATING THE PROPERTY TAX LIMIT ,2 |
---|
| 605 | + | PROPERTY TAX REVENUE THAT IS FROM THE FOLLOWING SOURCES OR IS3 |
---|
| 606 | + | USED FOR THE FOLLOWING PURPOSES IS EXCLUDED FROM PROPERTY TAX4 |
---|
| 607 | + | REVENUE FOR THE PROPERTY TAX YEAR AND THE PRIOR PROPERTY TAX5 |
---|
| 608 | + | YEAR:6 |
---|
| 609 | + | (I) P |
---|
| 610 | + | ROPERTY TAX REVENUE FROM PRODUCING MINES OR L ANDS OR7 |
---|
| 611 | + | LEASEHOLDS PRODUCING OIL OR GAS ; |
---|
| 612 | + | 8 |
---|
| 613 | + | (II) A |
---|
| 614 | + | N AMOUNT TO PROVIDE FOR THE PAYMENT OF BONDS AND9 |
---|
| 615 | + | INTEREST THEREON, OR FOR THE PAYMENT OF ANY OTHER CONTRACTUAL10 |
---|
| 616 | + | OBLIGATION THAT HAS BEEN APPROVED BY A MAJORITY OF THE LOCAL11 |
---|
| 617 | + | GOVERNMENT'S VOTERS VOTING THEREON AT ANY ELECTION HELD |
---|
| 618 | + | 12 |
---|
| 619 | + | BEFORE, ON, OR AFTER NOVEMBER 7, 2023; AND13 |
---|
| 620 | + | (III) A |
---|
| 621 | + | NY REVENUE FROM A MILL LEVY THAT HAS BEEN APPROVED14 |
---|
| 622 | + | BY VOTERS OF THE LOCAL |
---|
| 623 | + | GOVERNMENT, WITHOUT LIMITATION AS TO15 |
---|
| 624 | + | RATE OR AMOUNT, AT ANY ELECTION HELD BEFORE , ON, OR AFTER16 |
---|
| 625 | + | N |
---|
| 626 | + | OVEMBER 7, 2023. |
---|
| 627 | + | 17 |
---|
| 628 | + | (c) A |
---|
| 629 | + | TEMPORARY PROPERTY TAX CREDIT CREATED UNDER18 |
---|
266 | | - | HE MONEY IS FIRST USED TO PROVIDE REIMBURSEMENTS TO |
---|
267 | | - | LOCAL GOVERNMENTS UNDER SECTION |
---|
268 | | - | 39-3-210 (4)(a)(II); |
---|
269 | | - | (II) I |
---|
270 | | - | F THERE IS ANY MONEY REMAINING AFTER THE ALLOCATION SET |
---|
271 | | - | FORTH IN SUBSECTION |
---|
272 | | - | (3)(b)(I) OF THIS SECTION, THE STATE TREASURER |
---|
273 | | - | SHALL TRANSFER AN AMOUNT EQUAL TO THE REMAINDER |
---|
274 | | - | , FIVE PERCENT OF |
---|
275 | | - | THE TOTAL AMOUNT IN THE ACCOUNT FOR THE FISCAL YEAR |
---|
276 | | - | , OR TWENTY |
---|
277 | | - | MILLION DOLLARS |
---|
278 | | - | , WHICHEVER AMOUNT IS THE LEAST , TO THE HOUSING |
---|
279 | | - | DEVELOPMENT GRANT FUND CREATED IN SECTION |
---|
280 | | - | 24-32-721 (1) TO BE USED |
---|
281 | | - | TO REDUCE THE AMOUNT OF PROPERTY TAXES THAT ARE PAID AS A PORTION |
---|
282 | | - | OF A TENANT |
---|
283 | | - | 'S RENT THROUGH A PROGRAM ESTABLISHED UNDER |
---|
284 | | - | SUBSECTION |
---|
285 | | - | (2)(d)(VI) OF SAID SECTION; AND |
---|
286 | | - | (III) AS SOON AS POSSIBLE AFTER RECEIVING THE REPORT FROM THE |
---|
287 | | - | PROPERTY TAX ADMINISTRATOR IN ACCORDANCE WITH SECTION |
---|
288 | | - | 39-3-210 |
---|
289 | | - | (3), |
---|
290 | | - | THE STATE TREASURER SHALL TRANSFER THE AMOUNT , IF ANY, IN THE |
---|
291 | | - | ACCOUNT THAT IS IN EXCESS OF THE AMOUNT THAT WILL BE USED IN |
---|
292 | | - | ACCORDANCE WITH SUBSECTIONS |
---|
293 | | - | (3)(b)(I) AND (3)(b)(II) OF THIS SECTION |
---|
294 | | - | TO THE STATE EDUCATION FUND CREATED IN SECTION |
---|
295 | | - | 17 OF ARTICLE IX OF |
---|
296 | | - | THE STATE CONSTITUTION |
---|
297 | | - | . |
---|
298 | | - | PAGE 6-SENATE BILL 23-303 (4) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT : |
---|
299 | | - | (a) P |
---|
300 | | - | UBLIC SCHOOL FUNDING CONSISTS OF A COMBINATION OF STATE |
---|
301 | | - | AND LOCAL SCHOOL DISTRICT REVENUE |
---|
302 | | - | ; |
---|
303 | | - | (b) U |
---|
304 | | - | NDER THE CURRENT SCHOOL FINANCE FORMULA , AN INCREASE |
---|
305 | | - | IN STATE FUNDING CAN BACKFILL A DECREASE IN LOCAL PROPERTY TAX |
---|
306 | | - | REVENUE |
---|
307 | | - | ; |
---|
308 | | - | (c) R |
---|
309 | | - | EDUCTIONS IN PROPERTY TAX VALUATIONS REDUCE THE LOCAL |
---|
310 | | - | PROPERTY TAX REVENUE COLLECTED FOR LOCAL GOVERNMENTS |
---|
311 | | - | , INCLUDING |
---|
312 | | - | SCHOOL DISTRICTS |
---|
313 | | - | ; |
---|
314 | | - | (d) M |
---|
315 | | - | ONEY IN THE STATE EDUCATION FUND IS USED TO PROVIDE |
---|
316 | | - | FUNDING FOR LOCAL SCHOOL DISTRICTS |
---|
317 | | - | ; AND |
---|
318 | | - | (e) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT |
---|
319 | | - | TRANSFERRING A PORTION OF THE MONEY FROM THE ACCOUNT TO THE STATE |
---|
320 | | - | EDUCATION FUND IN ACCORDANCE WITH SUBSECTION |
---|
321 | | - | (3) OF THIS SECTION |
---|
322 | | - | PROVIDES ADDITIONAL FUNDING TO LOCAL SCHOOL DISTRICTS IN ORDER TO |
---|
323 | | - | BACKFILL PROPERTY TAX REVENUE REDUCTIONS RESULTING FROM PROPERTY |
---|
324 | | - | TAX CHANGES ENACTED IN |
---|
325 | | - | SENATE BILL 23-303 AND THAT THE MONEY SO |
---|
326 | | - | TRANSFERRED SHALL NOT SUPPLANT GENERAL FUND APPROPRIATIONS MADE |
---|
327 | | - | FOR SCHOOL DISTRICTS |
---|
328 | | - | ' TOTAL PROGRAM, AS DEFINED BY SECTION 22-54-103 |
---|
329 | | - | (6). |
---|
330 | | - | 24-77-204. Repeal. (1) I |
---|
331 | | - | F A MAJORITY OF THE ELECTORS VOTING ON |
---|
332 | | - | THE BALLOT ISSUE VOTE |
---|
333 | | - | "NO/AGAINST", THEN THIS PART 2 IS REPEALED, |
---|
334 | | - | EFFECTIVE JULY 1, 2024. |
---|
335 | | - | (2) I |
---|
336 | | - | F A MAJORITY OF THE ELECTORS VOTING ON THE BALLOT ISSUE |
---|
337 | | - | VOTE |
---|
338 | | - | "YES/FOR", THEN THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024. |
---|
339 | | - | SECTION 4. In Colorado Revised Statutes, 22-55-103, amend (1) |
---|
340 | | - | as follows: |
---|
341 | | - | 22-55-103. State education fund - creation - transfers to fund - |
---|
342 | | - | use of money in fund - permitted investments - exempt from spending |
---|
343 | | - | limitations. (1) In accordance with section 17 (4) of article IX of the state |
---|
344 | | - | constitution, there is hereby created in the state treasury the state education |
---|
345 | | - | PAGE 7-SENATE BILL 23-303 fund. The fund shall consist CONSISTS of state education fund revenues, |
---|
346 | | - | MONEY TRANSFERRED TO THE FUND IN ACCORDANCE WITH SECTION |
---|
347 | | - | 24-77-203 (3)(b)(III), all interest and income earned on the deposit and |
---|
348 | | - | investment of moneys MONEY in the fund, and any gifts or other moneys |
---|
349 | | - | MONEY that are exempt from the limitation on state fiscal year spending set |
---|
350 | | - | forth in section 20 (7)(a) of article X of the state constitution and section |
---|
351 | | - | 24-77-103 C.R.S., |
---|
352 | | - | that may be credited to the fund. All interest and income |
---|
353 | | - | derived from the deposit and investment of moneys MONEY in the fund shall |
---|
354 | | - | be ARE credited to the fund. At the end of any state fiscal year, all |
---|
355 | | - | unexpended and unencumbered moneys MONEY in the fund shall remain |
---|
356 | | - | REMAINS in the fund and shall not revert to the general fund or any other |
---|
357 | | - | fund. |
---|
358 | | - | SECTION 5. In Colorado Revised Statutes, 24-77-106.5, amend |
---|
359 | | - | (1) as follows: |
---|
360 | | - | 24-77-106.5. Annual financial report - certification of excess |
---|
361 | | - | state revenues. (1) (a) For each fiscal year, the controller shall prepare a |
---|
362 | | - | financial report for the state for purposes of ascertaining compliance with |
---|
363 | | - | the provisions of this article. Any financial report prepared pursuant to this |
---|
364 | | - | section shall include, but shall not be limited to, state fiscal year spending, |
---|
365 | | - | reserves, revenues, revenues that the state is authorized to retain and spend |
---|
366 | | - | pursuant to voter approval of section 24-77-103.6 |
---|
367 | | - | OR PURSUANT TO PART 2 |
---|
368 | | - | OF THIS ARTICLE 77, and debt. Such |
---|
369 | | - | THE financial report shall be audited by |
---|
370 | | - | the state auditor. |
---|
371 | | - | (b) Notwithstanding section 24-1-136 (11)(a)(I), based upon the |
---|
372 | | - | financial report prepared in accordance with subsection (1)(a) of this section |
---|
373 | | - | for any given fiscal year, the controller shall certify to the governor, the |
---|
374 | | - | general assembly, and the executive director of the department of revenue |
---|
375 | | - | no later than September 1 following the end of a fiscal year the amount of |
---|
376 | | - | state revenues in excess of the limitation on state fiscal year spending |
---|
377 | | - | imposed by section 20 (7)(a) of article X of the state constitution, if any, for |
---|
378 | | - | such fiscal year and the state revenues in excess of such limitation that the |
---|
379 | | - | state is authorized to retain and spend pursuant to voter approval of section |
---|
380 | | - | 24-77-103.6 |
---|
381 | | - | OR PURSUANT TO PART 2 OF THIS ARTICLE 77. |
---|
382 | | - | SECTION 6. In Colorado Revised Statutes, add 29-1-306 as |
---|
383 | | - | follows: |
---|
384 | | - | PAGE 8-SENATE BILL 23-303 29-1-306. Limitation on property tax revenue - temporary |
---|
385 | | - | property tax credit - governing body override - notice - definitions. (1) |
---|
386 | | - | A |
---|
387 | | - | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES : |
---|
388 | | - | (a) "I |
---|
389 | | - | NFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE |
---|
390 | | - | UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS |
---|
391 | | - | CONSUMER PRICE INDEX FOR |
---|
392 | | - | DENVER-AURORA-LAKEWOOD FOR ALL ITEMS |
---|
393 | | - | PAID BY ALL URBAN CONSUMERS |
---|
394 | | - | , OR ITS APPLICABLE SUCCESSOR INDEX. |
---|
395 | | - | (b) "L |
---|
396 | | - | OCAL GOVERNMENT " MEANS A GOVERNMENTAL ENTITY |
---|
397 | | - | AUTHORIZED BY LAW TO IMPOSE AD VALOREM TAXES ON TAXABLE PROPERTY |
---|
398 | | - | LOCATED WITHIN ITS TERRITORIAL LIMITS |
---|
399 | | - | ; EXCEPT THAT THE TERM |
---|
400 | | - | EXCLUDES SCHOOL DISTRICTS AND ANY COUNTY |
---|
401 | | - | , CITY AND COUNTY, CITY, |
---|
402 | | - | OR TOWN THAT HAS ADOPTED A HOME RULE CHARTER . |
---|
403 | | - | (c) "P |
---|
404 | | - | ROPERTY TAX LIMIT" MEANS THE LIMIT ESTABLISHED IN |
---|
405 | | - | SUBSECTION |
---|
406 | | - | (2) OF THIS SECTION ON A LOCAL GOVERNMENT'S PROPERTY TAX |
---|
407 | | - | REVENUE FOR A PROPERTY TAX YEAR |
---|
408 | | - | . |
---|
409 | | - | (2) (a) F |
---|
410 | | - | OR PROPERTY TAX YEARS COMMENCING ON AND AFTER |
---|
411 | | - | JANUARY 1, 2023, A LOCAL GOVERNMENT'S PROPERTY TAX REVENUE FOR A |
---|
412 | | - | PROPERTY TAX YEAR SHALL NOT INCREASE BY MORE THAN INFLATION FROM |
---|
413 | | - | THE LOCAL GOVERNMENT |
---|
414 | | - | 'S PROPERTY TAX REVENUE FOR THE PRIOR |
---|
415 | | - | PROPERTY TAX YEAR |
---|
416 | | - | , UNLESS THE GOVERNING BODY OF THE LOCAL |
---|
417 | | - | GOVERNMENT APPROVES THE INCREASE IN ACCORDANCE WITH SUBSECTION |
---|
418 | | - | (4) OF THIS SECTION. THE GOVERNING BODY MAY ENACT A TEMPORARY |
---|
419 | | - | PROPERTY TAX CREDIT THAT IS UP TO THE NUMBER OF MILLS NECESSARY TO |
---|
420 | | - | PREVENT THE LOCAL GOVERNMENT |
---|
421 | | - | 'S PROPERTY TAX REVENUE FROM |
---|
422 | | - | EXCEEDING THIS PROPERTY TAX LIMIT |
---|
423 | | - | . |
---|
424 | | - | (b) T |
---|
425 | | - | HE LIMIT SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION IS |
---|
426 | | - | BASED ON THE |
---|
427 | | - | UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR |
---|
428 | | - | STATISTICS MOST RECENTLY PUBLISHED ESTIMATE OF INFLATION FOR THE |
---|
429 | | - | PRIOR CALENDAR YEAR THAT IS AVAILABLE AS OF |
---|
430 | | - | DECEMBER 15 OF THE |
---|
431 | | - | PROPERTY TAX YEAR FOR WHICH THE LIMIT IS BEING CALCULATED |
---|
432 | | - | . |
---|
433 | | - | (3) (a) F |
---|
434 | | - | OR PURPOSES OF CALCULATING THE PROPERTY TAX LIMIT , |
---|
435 | | - | PROPERTY TAX REVENUE THAT IS FROM THE FOLLOWING SOURCES OR IS USED |
---|
436 | | - | FOR THE FOLLOWING PURPOSES IS EXCLUDED FROM PROPERTY TAX REVENUE |
---|
437 | | - | FOR THE PROPERTY TAX YEAR |
---|
438 | | - | : |
---|
439 | | - | PAGE 9-SENATE BILL 23-303 (I) PROPERTY TAX REVENUE FROM THE INCREASED VALUATION FOR |
---|
440 | | - | ASSESSMENT WITHIN THE TAXING ENTITY FOR THE PRECEDING YEAR THAT IS |
---|
441 | | - | ATTRIBUTABLE TO NEW CONSTRUCTION AND PERSONAL PROPERTY |
---|
442 | | - | CONNECTED THEREWITH |
---|
443 | | - | , AS DEFINED BY THE PROPERTY TAX |
---|
444 | | - | ADMINISTRATOR IN MANUALS PREPARED PURSUANT TO SECTION |
---|
445 | | - | 39-2-109 |
---|
446 | | - | (1)(e); |
---|
447 | | - | (II) P |
---|
448 | | - | ROPERTY TAX REVENUE FROM THE INCREASED VALUATION FOR |
---|
449 | | - | ASSESSMENT ATTRIBUTABLE TO A CHANGE IN LAW FOR A PROPERTY TAX |
---|
450 | | - | CLASSIFICATION OR TO THE ANNEXATION OR INCLUSION OF ADDITIONAL |
---|
451 | | - | LAND |
---|
452 | | - | , THE IMPROVEMENTS THEREON, AND PERSONAL PROPERTY CONNECTED |
---|
453 | | - | THEREWITH WITHIN THE TAXING ENTITY FOR THE PRECEDING YEAR |
---|
454 | | - | ; |
---|
455 | | - | (III) P |
---|
456 | | - | ROPERTY TAX REVENUE FOR PROPERTY THAT HAD PREVIOUSLY |
---|
457 | | - | BEEN OMITTED FROM THE ASSESSMENT ROLL |
---|
458 | | - | ; |
---|
459 | | - | (IV) P |
---|
460 | | - | ROPERTY TAX REVENUE ABATED OR REFUNDED BY THE LOCAL |
---|
461 | | - | GOVERNMENT DURING THE PROPERTY TAX YEAR |
---|
462 | | - | ; |
---|
463 | | - | (V) P |
---|
464 | | - | ROPERTY TAX REVENUE ATTRIBUTABLE TO PREVIOUSLY |
---|
465 | | - | LEGALLY EXEMPT FEDERAL PROPERTY THAT BECOMES TAXABLE IF SUCH |
---|
466 | | - | PROPERTY CAUSES AN INCREASE IN THE LEVEL OF SERVICES PROVIDED BY |
---|
467 | | - | THE LOCAL GOVERNMENT |
---|
468 | | - | ; AND |
---|
469 | | - | (VI) ANY AMOUNT FOR THE PAYMENT OF EXPENSES INCURRED IN THE |
---|
470 | | - | REAPPRAISAL OF CLASSES OR SUBCLASSES ORDERED OR CONDUCTED BY THE |
---|
471 | | - | STATE BOARD OF EQUALIZATION FOR THE PAYMENT TO THE STATE OF EXCESS |
---|
472 | | - | STATE EQUALIZATION PAYMENTS TO SCHOOL DISTRICTS |
---|
473 | | - | , WHICH EXCESS IS |
---|
474 | | - | DUE TO THE UNDERVALUATION OF TAXABLE PROPERTY |
---|
475 | | - | . |
---|
476 | | - | (b) F |
---|
477 | | - | OR PURPOSES OF CALCULATING THE PROPERTY TAX LIMIT , |
---|
478 | | - | PROPERTY TAX REVENUE THAT IS FROM THE FOLLOWING SOURCES OR IS USED |
---|
479 | | - | FOR THE FOLLOWING PURPOSES IS EXCLUDED FROM PROPERTY TAX REVENUE |
---|
480 | | - | FOR THE PROPERTY TAX YEAR AND THE PRIOR PROPERTY TAX YEAR |
---|
481 | | - | : |
---|
482 | | - | (I) P |
---|
483 | | - | ROPERTY TAX REVENUE FROM PRODUCING MINES OR LANDS OR |
---|
484 | | - | LEASEHOLDS PRODUCING OIL OR GAS |
---|
485 | | - | ; |
---|
| 652 | + | HE PROPOSED MILL LEVY IF THE GOVERNING BODY APPROVES8 |
---|
| 653 | + | A MILL LEVY THAT WOULD EXCEED THE PROPERTY TAX LIMIT ;9 |
---|
548 | | - | LEVY THAT EXCEEDS THE PROPERTY TAX LIMIT IN ACCORDANCE WITH THE |
---|
549 | | - | PROCEDURES SET FORTH IN SUBSECTION |
---|
550 | | - | (4) OF THIS SECTION IS DEEMED TO |
---|
551 | | - | BE FINAL AND CONCLUSIVE AND IS NOT SUBJECT TO APPEAL TO COURT |
---|
552 | | - | . |
---|
553 | | - | (6) I |
---|
554 | | - | F A LOCAL GOVERNMENT EXCEEDS THE PROPERTY TAX LIMIT FOR |
---|
555 | | - | A PROPERTY TAX YEAR AND DOES NOT COMPLY WITH SUBSECTION |
---|
556 | | - | (4) OF THIS |
---|
557 | | - | SECTION |
---|
558 | | - | , THEN THE LOCAL GOVERNMENT SHALL REF UND TO TAXPAYERS ANY |
---|
559 | | - | PROPERTY TAXES COLLECTED ABOVE THE PROPERTY TAX LIMIT |
---|
560 | | - | . |
---|
561 | | - | SECTION 7. In Colorado Revised Statutes, 39-1-103, add (5)(g) |
---|
562 | | - | as follows: |
---|
563 | | - | 39-1-103. Actual value determined - when - legislative |
---|
564 | | - | declaration. (5) (g) F |
---|
565 | | - | OR PROPERTY TAX YEARS COMMENCING ON AND |
---|
566 | | - | AFTER |
---|
567 | | - | JANUARY 1, 2024, THE ACTUAL VALUE OF RENEWABLE ENERGY |
---|
568 | | - | AGRICULTURAL LAND IS BASED ON THE WASTE LAND SUBCLASS VALUATION |
---|
569 | | - | FORMULA PROVIDED BY THE ADMINISTRATOR |
---|
570 | | - | . IF ANY PORTION OF THE LAND |
---|
571 | | - | IS USED FOR NONAGRICULTURAL COMMERCIAL OR NONAGRICULTURAL |
---|
572 | | - | RESIDENTIAL PURPOSES |
---|
573 | | - | , THAT PORTION IS VALUED ACCORDING TO THE USE , |
---|
574 | | - | AS REQUIRED BY SUBSECTION (5)(a) OF THIS SECTION. |
---|
575 | | - | SECTION 8. In Colorado Revised Statutes, 39-1-104, amend (1), |
---|
576 | | - | (1.6)(c), and (1.8); and add (1.9) as follows: |
---|
577 | | - | 39-1-104. Valuation for assessment - definitions. (1) (a) E |
---|
578 | | - | XCEPT |
---|
579 | | - | AS SET FORTH IN SUBSECTION |
---|
580 | | - | (1)(b) OF THIS SECTION, the valuation for |
---|
581 | | - | assessment of all taxable property |
---|
582 | | - | REAL AND PERSONAL PROPERTY THAT IS |
---|
583 | | - | CLASSIFIED AS LODGING PROPERTY |
---|
584 | | - | in the state shall be |
---|
585 | | - | IS twenty-nine |
---|
586 | | - | percent of the actual value thereof. as determined by the assessor and the |
---|
587 | | - | administrator in the manner prescribed by law, and that percentage shall be |
---|
588 | | - | uniformly applied, without exception, to the actual value, so determined, of |
---|
589 | | - | the real and personal property located within the territorial limits of the |
---|
590 | | - | PAGE 12-SENATE BILL 23-303 authority levying a property tax, and all property taxes shall be levied |
---|
591 | | - | against the aggregate valuation for assessment resulting from the |
---|
592 | | - | application of that percentage. |
---|
593 | | - | (b) (I) Notwithstanding subsection (1)(a) of this section, For the |
---|
594 | | - | property tax year commencing on January 1, 2023, the valuation for |
---|
595 | | - | assessment of nonresidential property that is classified as lodging property |
---|
596 | | - | is temporarily reduced to twenty-seven and nine-tenths |
---|
597 | | - | TWENTY-SEVEN AND |
---|
598 | | - | EIGHTY |
---|
599 | | - | -FIVE ONE-HUNDREDTHS percent of an amount equal to the actual |
---|
600 | | - | value minus the lesser of thirty thousand dollars or the amount that reducesCAUSES the valuation for assessment to BE one thousand dollars. |
---|
| 671 | + | 21 |
---|
| 672 | + | LEVY THAT EXCEEDS THE PROPERTY TAX LIMIT IN ACCORDANCE WITH THE22 |
---|
| 673 | + | PROCEDURES SET FORTH IN SUBSECTION (4) OF THIS SECTION IS DEEMED TO23 |
---|
| 674 | + | BE FINAL AND CONCLUSIVE AND IS NOT SUBJECT TO APPEAL TO COURT .24 |
---|
| 675 | + | (6) IF A LOCAL GOVERNMENT EXCEEDS THE PROPERTY TAX LIMIT25 |
---|
| 676 | + | FOR A PROPERTY TAX YEAR AND DOES NOT COMPLY WITH SUBSECTION (4)26 |
---|
| 677 | + | OF THIS SECTION, THEN THE LOCAL GOVERNMENT SHALL REFUND TO27 |
---|
| 678 | + | 303 |
---|
| 679 | + | -18- TAXPAYERS ANY PROPERTY TAXES COLLECTED ABOVE THE PROPERTY TAX1 |
---|
| 680 | + | LIMIT.2 |
---|
| 681 | + | SECTION 7. In Colorado Revised Statutes, 39-1-103, add (5)(g)3 |
---|
| 682 | + | as follows:4 |
---|
| 683 | + | 39-1-103. Actual value determined - when - legislative5 |
---|
| 684 | + | declaration. (5) (g) FOR PROPERTY TAX YEARS COMMENCING ON AND6 |
---|
| 685 | + | AFTER JANUARY 1, 2024, THE ACTUAL VALUE OF RENEWABLE ENERGY7 |
---|
| 686 | + | AGRICULTURAL LAND IS BASED ON THE WASTE LAND SUBCLASS8 |
---|
| 687 | + | VALUATION FORMULA PROVIDED BY THE ADMINISTRATOR . IF ANY PORTION9 |
---|
| 688 | + | OF THE LAND IS USED FOR NONAGRICULTURAL COMMERCIAL OR10 |
---|
| 689 | + | NONAGRICULTURAL RESIDENTIAL PURPOSES , THAT PORTION IS VALUED11 |
---|
| 690 | + | ACCORDING TO THE USE, AS REQUIRED BY SUBSECTION (5)(a) OF THIS12 |
---|
| 691 | + | SECTION.13 |
---|
| 692 | + | SECTION 8. In Colorado Revised Statutes, 39-1-104, amend (1),14 |
---|
| 693 | + | (1.6)(c), and (1.8); and add (1.9) as follows:15 |
---|
| 694 | + | 39-1-104. Valuation for assessment - definitions.16 |
---|
| 695 | + | (1) (a) E |
---|
| 696 | + | XCEPT AS SET FORTH IN SUBSECTION (1)(b) OF THIS SECTION, the17 |
---|
| 697 | + | valuation for assessment of all taxable property |
---|
| 698 | + | REAL AND PERSONAL18 |
---|
| 699 | + | PROPERTY THAT IS CLASSIFIED AS LODGING PROPERTY in the state shall be19 |
---|
| 700 | + | IS twenty-nine percent of the actual value thereof. as determined by the20 |
---|
| 701 | + | assessor and the administrator in the manner prescribed by law, and that21 |
---|
| 702 | + | percentage shall be uniformly applied, without exception, to the actual22 |
---|
| 703 | + | value, so determined, of the real and personal property located within the23 |
---|
| 704 | + | territorial limits of the authority levying a property tax, and all property24 |
---|
| 705 | + | taxes shall be levied against the aggregate valuation for assessment25 |
---|
| 706 | + | resulting from the application of that percentage.26 |
---|
| 707 | + | (b) (I) Notwithstanding subsection (1)(a) of this section, For the27 |
---|
| 708 | + | 303 |
---|
| 709 | + | -19- property tax year commencing on January 1, 2023, the valuation for1 |
---|
| 710 | + | assessment of nonresidential property that is classified as lodging2 |
---|
| 711 | + | property is temporarily reduced to twenty-seven and nine-tenths3 |
---|
| 712 | + | TWENTY-SEVEN AND EIGHTY-FIVE ONE-HUNDREDTHS percent of an4 |
---|
| 713 | + | amount equal to the actual value minus the lesser of thirty thousand5 |
---|
| 714 | + | dollars or the amount that reduces CAUSES the valuation for assessment6 |
---|
| 715 | + | to |
---|
| 716 | + | BE one thousand dollars.7 |
---|
612 | | - | AND JANUARY 1, 2028, THE VALUATION FOR ASSESSMENT OF REAL |
---|
613 | | - | AND PERSONAL PROPERTY THAT IS CLASSIFIED AS LODGING PROPERTY IS |
---|
614 | | - | TEMPORARILY REDUCED TO TWENTY |
---|
615 | | - | -SEVEN AND SIXTY -FIVE |
---|
616 | | - | ONE |
---|
617 | | - | -HUNDREDTHS PERCENT OF THE ACTUAL VALUE THEREOF . |
---|
| 727 | + | AND JANUARY 1, 2028, THE VALUATION FOR ASSESSMENT OF REAL14 |
---|
| 728 | + | AND PERSONAL PROPERTY THAT IS CLASSIFIED AS LODGING PROPERTY IS15 |
---|
| 729 | + | TEMPORARILY REDUCED TO TWENTY -SEVEN AND SIXTY -FIVE16 |
---|
| 730 | + | ONE-HUNDREDTHS PERCENT OF THE ACTUAL VALUE THEREOF .17 |
---|
| 731 | + | (IV) |
---|
| 732 | + | FOR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1,18 |
---|
| 733 | + | 2029, |
---|
| 734 | + | AND JANUARY 1, 2030, THE VALUATION FOR ASSESSMENT OF REAL19 |
---|
| 735 | + | AND PERSONAL PROPERTY THAT IS CLASSIFIED AS LODGING PROPERTY IS20 |
---|
| 736 | + | TEMPORARILY REDUCED TO TWENTY -SIX AND NINE-TENTHS PERCENT OF21 |
---|
| 737 | + | THE ACTUAL VALUE THEREOF .22 |
---|
| 738 | + | (V) F |
---|
| 739 | + | OR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1,23 |
---|
| 740 | + | 2031, |
---|
| 741 | + | AND JANUARY 1, 2032, THE VALUATION FOR ASSESSMENT OF REAL24 |
---|
| 742 | + | AND PERSONAL PROPERTY THAT IS CLASSIFIED AS LODGING PROPERTY IS25 |
---|
| 743 | + | TEMPORARILY REDUCED TO :26 |
---|
| 744 | + | (A) T |
---|
| 745 | + | WENTY-FIVE AND NINE-TENTHS PERCENT OF THE ACTUAL27 |
---|
| 746 | + | 303 |
---|
| 747 | + | -20- VALUE THEREOF, IF, FOR THE PROPERTY TAX YEAR COMMENCING ON1 |
---|
| 748 | + | J |
---|
| 749 | + | ANUARY 1, 2031, THE AVERAGE INCREASE IN TOTAL VALUATION FOR2 |
---|
| 750 | + | ASSESSMENT OF TAXABLE REAL PROPERTY WITHIN THE THIRTY -TWO3 |
---|
| 751 | + | COUNTIES WITH THE SMALLEST INCREASES IN TOTAL VALUATION IS4 |
---|
| 752 | + | GREATER THAN OR EQUAL TO THREE AND SEVEN -TENTHS PERCENT FROM5 |
---|
| 753 | + | THE PRIOR PROPERTY TAX YEAR; OR6 |
---|
| 754 | + | (B) T |
---|
| 755 | + | WENTY-SIX AND NINE-TENTHS PERCENT OF THE ACTUAL7 |
---|
| 756 | + | VALUE THEREOF, IF, FOR THE PROPERTY TAX YEAR COMMENCING ON8 |
---|
| 757 | + | J |
---|
| 758 | + | ANUARY 1, 2031, THE AVERAGE INCREASE IN TOTAL VALUATION FOR9 |
---|
| 759 | + | ASSESSMENT OF TAXABLE REAL PROPERTY WITHIN THE THIRTY -TWO10 |
---|
| 760 | + | COUNTIES WITH THE SMALLEST INCREASES IN TOTAL VALUATION IS LESS11 |
---|
| 761 | + | THAN THREE AND SEVEN-TENTHS PERCENT FROM THE PRIOR PROPERTY TAX12 |
---|
| 762 | + | YEAR.13 |
---|
| 763 | + | (c) This subsection (1) only applies to nonresidential property that |
---|
| 764 | + | 14 |
---|
| 765 | + | is classified as lodging property.15 |
---|
| 766 | + | (1.6) (c) Real and personal agricultural property is a subclass of16 |
---|
| 767 | + | nonresidential property for purposes of the valuation for assessment.17 |
---|
| 768 | + | R |
---|
| 769 | + | EAL PROPERTY THAT IS CLASSIFIED AS AGRICULTURAL LAND THAT18 |
---|
| 770 | + | CONTAINS A RENEWABLE ENERGY FACILITY , AS DESCRIBED IN SECTION19 |
---|
| 771 | + | 39-4-102 |
---|
| 772 | + | (1.5), IF THE LAND WAS CLASSIFIED BY THE ASSESSOR AS20 |
---|
| 773 | + | AGRICULTURAL LAND AT THE TIME THE FACILITY WAS CONSTRUCTED21 |
---|
| 774 | + | UNDER SECTION 39-1-102 (1.6)(a), IS CLASSIFIED AS RENEWABLE ENERGY22 |
---|
| 775 | + | AGRICULTURAL |
---|
| 776 | + | LAND, WHICH IS A SUBCLASS OF AGRICULTURAL PROPERTY23 |
---|
| 777 | + | FOR PURPOSES OF THE VALUATION FOR ASSESSMENT . THIS CLASSIFICATION24 |
---|
| 778 | + | APPLIES FOR A PROPERTY TAX YEAR THAT THE REAL PROPERTY IS STILL25 |
---|
| 779 | + | USED FOR AGRICULTURAL PURPOSES AND TO THE PORTION OF THE LAND26 |
---|
| 780 | + | THAT IS ATTRIBUTABLE TO OR USED IN CONJUNCTION WITH THE27 |
---|
| 781 | + | 303 |
---|
| 782 | + | -21- RENEWABLE ENERGY FACILITY .1 |
---|
| 783 | + | (1.8) (a) The valuation for assessment of real and personal2 |
---|
| 784 | + | property that is classified as agricultural property or renewable energy3 |
---|
| 785 | + | production property is twenty-nine percent of the actual value thereof;4 |
---|
| 786 | + | except that |
---|
| 787 | + | THE VALUATION FOR ASSESSMENT OF THIS PROPERTY IS5 |
---|
| 788 | + | TEMPORARILY REDUCED AS FOLLOWS :6 |
---|
| 789 | + | (I) For |
---|
| 790 | + | THE property tax years |
---|
| 791 | + | commencing on January 1, 2022,7 |
---|
| 792 | + | AND January 1, 2023, and January 1, 2024, the valuation for assessment8 |
---|
| 793 | + | of this property is temporarily reduced to twenty-six and four-tenths9 |
---|
| 794 | + | percent of the actual value thereof;10 |
---|
| 795 | + | (II) F |
---|
| 796 | + | OR THE PROPERTY TAX YEARS COMMENCING ON AND AFTER11 |
---|
| 797 | + | J |
---|
| 798 | + | ANUARY 1, 2024, |
---|
| 799 | + | BUT BEFORE JANUARY 1, 2031, THE VALUATION FOR12 |
---|
| 800 | + | ASSESSMENT OF THIS PROPERTY , EXCLUDING RENEWABLE ENERGY13 |
---|
| 801 | + | AGRICULTURAL LAND, IS TWENTY-SIX AND FOUR-TENTHS PERCENT OF THE14 |
---|
| 802 | + | ACTUAL VALUE THEREOF;15 |
---|
| 803 | + | (III) F |
---|
| 804 | + | OR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1,16 |
---|
| 805 | + | 2031, |
---|
| 806 | + | AND JANUARY 1, 2032, THE VALUATION FOR ASSESSMENT OF THIS17 |
---|
| 807 | + | PROPERTY, EXCLUDING RENEWABLE ENERGY AGRICULTURAL LAND , IS:18 |
---|
| 808 | + | (A) |
---|
| 809 | + | TWENTY-FIVE AND NINE-TENTHS PERCENT OF THE ACTUAL19 |
---|
| 810 | + | VALUE THEREOF, IF, FOR THE PROPERTY TAX YEAR COMMENCING ON20 |
---|
| 811 | + | J |
---|
| 812 | + | ANUARY 1, 2031, THE AVERAGE INCREASE IN TOTAL VALUATION FOR21 |
---|
| 813 | + | ASSESSMENT OF TAXABLE REAL PROPERTY WITHIN THE THIRTY -TWO22 |
---|
| 814 | + | COUNTIES WITH THE SMALLEST INCREASES IN TOTAL VALUATION IS23 |
---|
| 815 | + | GREATER THAN OR EQUAL TO THREE AND SEVEN -TENTHS PERCENT FROM24 |
---|
| 816 | + | THE PRIOR PROPERTY TAX YEAR; OR25 |
---|
| 817 | + | (B) |
---|
| 818 | + | TWENTY-SIX AND FOUR-TENTHS PERCENT OF THE ACTUAL26 |
---|
| 819 | + | VALUE THEREOF, IF, FOR THE PROPERTY TAX YEAR COMMENCING ON27 |
---|
| 820 | + | 303 |
---|
| 821 | + | -22- JANUARY 1, 2031, THE AVERAGE INCREASE IN TOTAL VALUATION FOR1 |
---|
| 822 | + | ASSESSMENT OF TAXABLE REAL PROPERTY WITHIN THE THIRTY -TWO2 |
---|
| 823 | + | COUNTIES WITH THE SMALLEST INCREASES IN TOTAL VALUATION IS LESS3 |
---|
| 824 | + | THAN THREE AND SEVEN-TENTHS PERCENT FROM THE PRIOR PROPERTY TAX4 |
---|
| 825 | + | YEAR; AND5 |
---|
619 | | - | OR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, |
---|
620 | | - | 2029, |
---|
621 | | - | AND JANUARY 1, 2030, THE VALUATION FOR ASSESSMENT OF REAL |
---|
622 | | - | AND PERSONAL PROPERTY THAT IS CLASSIFIED AS LODGING PROPERTY IS |
---|
623 | | - | TEMPORARILY REDUCED TO TWENTY |
---|
624 | | - | -SIX AND NINE-TENTHS PERCENT OF THE |
---|
625 | | - | ACTUAL VALUE THEREOF |
---|
626 | | - | . |
---|
627 | | - | (V) F |
---|
628 | | - | OR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, |
---|
629 | | - | 2031, |
---|
630 | | - | AND JANUARY 1, 2032, THE VALUATION FOR ASSESSMENT OF REAL |
---|
631 | | - | AND PERSONAL PROPERTY THAT IS CLASSIFIED AS LODGING PROPERTY IS |
---|
632 | | - | TEMPORARILY REDUCED TO |
---|
633 | | - | : |
---|
634 | | - | (A) T |
---|
635 | | - | WENTY-FIVE AND NINE-TENTHS PERCENT OF THE ACTUAL |
---|
636 | | - | VALUE THEREOF |
---|
637 | | - | , IF, FOR THE PROPERTY TAX YEAR COMMENCING ON |
---|
638 | | - | JANUARY 1, 2031, THE AVERAGE INCREASE IN TOTAL VALUATION FOR |
---|
639 | | - | ASSESSMENT OF TAXABLE REAL PROPERTY WITHIN THE THIRTY |
---|
640 | | - | -TWO |
---|
641 | | - | COUNTIES WITH THE SMALLEST INCREASES IN TOTAL VALUATION IS GREATER |
---|
642 | | - | PAGE 13-SENATE BILL 23-303 THAN OR EQUAL TO THREE AND SEVEN -TENTHS PERCENT FROM THE PRIOR |
---|
643 | | - | PROPERTY TAX YEAR |
---|
644 | | - | ; OR |
---|
645 | | - | (B) TWENTY-SIX AND NINE-TENTHS PERCENT OF THE ACTUAL VALUE |
---|
646 | | - | THEREOF |
---|
647 | | - | , IF, FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, |
---|
648 | | - | 2031, |
---|
649 | | - | THE AVERAGE INCREASE IN TOTAL VALUATION FOR ASSESSMENT OF |
---|
650 | | - | TAXABLE REAL PROPERTY WITHIN THE THIRTY |
---|
651 | | - | -TWO COUNTIES WITH THE |
---|
652 | | - | SMALLEST INCREASES IN TOTAL VALUATION IS LESS THAN THREE AND |
---|
653 | | - | SEVEN |
---|
654 | | - | -TENTHS PERCENT FROM THE PRIOR PROPERTY TAX YEAR . |
---|
655 | | - | (c) This subsection (1) only applies to nonresidential property that |
---|
656 | | - | is classified as lodging property. |
---|
657 | | - | (1.6) (c) Real and personal agricultural property is a subclass of |
---|
658 | | - | nonresidential property for purposes of the valuation for assessment. R |
---|
659 | | - | EAL |
---|
660 | | - | PROPERTY THAT IS CLASSIFIED AS AGRICULTURAL LAND THAT CONTAINS A |
---|
661 | | - | RENEWABLE ENERGY FACILITY |
---|
662 | | - | , AS DESCRIBED IN SECTION 39-4-102 (1.5), IF |
---|
663 | | - | THE LAND WAS CLASSIFIED BY THE ASSESSOR AS AGRICULTURAL LAND AT |
---|
664 | | - | THE TIME THE FACILITY WAS CONSTRUCTED UNDER SECTION |
---|
665 | | - | 39-1-102 |
---|
666 | | - | (1.6)(a), |
---|
667 | | - | IS CLASSIFIED AS RENEWABLE ENERGY AGRICULTURAL LAND , WHICH |
---|
668 | | - | IS A SUBCLASS OF AGRICULTURAL PROPERTY FOR PURPOSES OF THE |
---|
669 | | - | VALUATION FOR ASSESSMENT |
---|
670 | | - | . THIS CLASSIFICATION APPLIES FOR A |
---|
671 | | - | PROPERTY TAX YEAR THAT THE REAL PROPERTY IS STILL USED FOR |
---|
672 | | - | AGRICULTURAL PURPOSES AND TO THE PORTION OF THE L AND THAT IS |
---|
673 | | - | ATTRIBUTABLE TO OR USED IN CONJUNCTION WITH THE RENEWABLE ENERGY |
---|
674 | | - | FACILITY |
---|
675 | | - | . |
---|
676 | | - | (1.8) (a) The valuation for assessment of real and personal property |
---|
677 | | - | that is classified as agricultural property or renewable energy production |
---|
678 | | - | property is twenty-nine percent of the actual value thereof; except that |
---|
679 | | - | THE |
---|
680 | | - | VALUATION FOR ASSESSMENT OF THIS PROPERTY IS TEMPORARILY REDUCED |
---|
681 | | - | AS FOLLOWS |
---|
682 | | - | : |
---|
683 | | - | (I) For |
---|
684 | | - | THE property tax years commencing on January 1, 2022, AND |
---|
685 | | - | January 1, 2023, and January 1, 2024, |
---|
686 | | - | the valuation for assessment of this |
---|
687 | | - | property is temporarily reduced to twenty-six and four-tenths percent of the |
---|
688 | | - | actual value thereof; |
---|
689 | | - | (II) F |
---|
690 | | - | OR THE PROPERTY TAX YEARS COMMENCING ON AND AFTER |
---|
691 | | - | JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2031, THE VALUATION FOR |
---|
692 | | - | PAGE 14-SENATE BILL 23-303 ASSESSMENT OF THIS PROPERTY , EXCLUDING RENEWABLE ENERGY |
---|
693 | | - | AGRICULTURAL LAND |
---|
694 | | - | , IS TWENTY-SIX AND FOUR-TENTHS PERCENT OF THE |
---|
695 | | - | ACTUAL VALUE THEREOF |
---|
696 | | - | ; |
---|
697 | | - | (III) F |
---|
698 | | - | OR THE PROPERTY TAX YEARS COMMENCING ON JANUARY 1, |
---|
699 | | - | 2031, |
---|
700 | | - | AND JANUARY 1, 2032, THE VALUATION FOR ASSESSMENT OF THIS |
---|
701 | | - | PROPERTY |
---|
702 | | - | , EXCLUDING RENEWABLE ENERGY AGRICULTURAL LAND , IS: |
---|
703 | | - | (A) T |
---|
704 | | - | WENTY-FIVE AND NINE-TENTHS PERCENT OF THE ACTUAL |
---|
705 | | - | VALUE THEREOF |
---|
706 | | - | , IF, FOR THE PROPERTY TAX YEAR COMMENCING ON |
---|
707 | | - | JANUARY 1, 2031, THE AVERAGE INCREASE IN TOTAL VALUATION FOR |
---|
708 | | - | ASSESSMENT OF TAXABLE REAL PROPERTY WITHIN THE THIRTY |
---|
709 | | - | -TWO |
---|
710 | | - | COUNTIES WITH THE SMALLEST INCREASES IN TOTAL VALUATION IS GREATER |
---|
711 | | - | THAN OR EQUAL TO THREE AND SEVEN |
---|
712 | | - | -TENTHS PERCENT FROM THE PRIOR |
---|
713 | | - | PROPERTY TAX YEAR |
---|
714 | | - | ; OR |
---|
715 | | - | (B) TWENTY-SIX AND FOUR-TENTHS PERCENT OF THE ACTUAL VALUE |
---|
716 | | - | THEREOF |
---|
717 | | - | , IF, FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, |
---|
718 | | - | 2031, |
---|
719 | | - | THE AVERAGE INCREASE IN TOTAL VALUATION FOR ASSESSMENT OF |
---|
720 | | - | TAXABLE REAL PROPERTY WITHIN THE THIRTY |
---|
721 | | - | -TWO COUNTIES WITH THE |
---|
722 | | - | SMALLEST INCREASES IN TOTAL VALUATION IS LESS THAN THREE AND |
---|
723 | | - | SEVEN |
---|
724 | | - | -TENTHS PERCENT FROM THE PRIOR PROPERTY TAX YEAR ; AND |
---|
725 | | - | (IV) FOR THE PROPERTY TAX YEARS COMMENCING ON AND AFTER |
---|
726 | | - | JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2033, THE VALUATION FOR |
---|
727 | | - | ASSESSMENT OF RENEWABLE ENERGY AGRICULTURAL LAND IS TWENTY |
---|
728 | | - | -ONE |
---|
729 | | - | AND NINE |
---|
730 | | - | -TENTHS PERCENT OF THE ACTUAL VALUE THEREOF . |
---|
731 | | - | (b) The valuation for assessment of all nonresidential property that |
---|
732 | | - | is not specified in subsection (1) or (1.8)(a) of this section is twenty-nine |
---|
733 | | - | percent of the actual value thereof; except that for the property tax year |
---|
734 | | - | commencing on January 1, 2023, the valuation for assessment of this |
---|
735 | | - | property is temporarily reduced to: |
---|
| 827 | + | OR THE PROPERTY TAX YEARS COMMENCING ON AND AFTER6 |
---|
| 828 | + | J |
---|
| 829 | + | ANUARY 1, 2024, |
---|
| 830 | + | BUT BEFORE JANUARY 1, 2033, THE VALUATION FOR7 |
---|
| 831 | + | ASSESSMENT OF RENEWABLE ENERGY AGRICULTURAL LAND IS8 |
---|
| 832 | + | TWENTY-ONE AND NINE-TENTHS PERCENT OF THE ACTUAL VALUE9 |
---|
| 833 | + | THEREOF.10 |
---|
| 834 | + | (b) The valuation for assessment of all nonresidential property that11 |
---|
| 835 | + | is not specified in subsection (1) or (1.8)(a) of this section is twenty-nine12 |
---|
| 836 | + | percent of the actual value thereof; except that for the property tax year13 |
---|
| 837 | + | commencing on January 1, 2023, the valuation for assessment of this14 |
---|
| 838 | + | property is temporarily reduced to:15 |
---|
839 | | - | N OR BEFORE JULY 1, 2031, THE ADMINISTRATOR SHALL |
---|
840 | | - | PUBLISH ON THE WEBSITE MAINTAINED BY THE DIVISION OF PROPERTY |
---|
841 | | - | TAXATION IN THE DEPARTMENT OF LOCAL AFFAIRS WHETHER THE RATES SET |
---|
842 | | - | FORTH IN SUBSECTIONS |
---|
843 | | - | (1)(b)(V)(A), (1.8)(a)(III)(A), AND (1.8)(b)(VI)(A) |
---|
844 | | - | OF THIS SECTION APPLY OR WHETHER THE RATES SET FORTH IN SUBSECTIONS |
---|
845 | | - | (1)(b)(V)(B), (1.8)(a)(III)(B), AND (1.8)(b)(VI)(B) OF THIS SECTION APPLY |
---|
| 932 | + | N OR BEFORE JULY 1, 2031, THE ADMINISTRATOR SHALL2 |
---|
| 933 | + | PUBLISH ON THE WEBSITE MAINTAINED BY THE DIVISION OF PROPERTY3 |
---|
| 934 | + | TAXATION IN THE DEPARTMENT OF LOCAL AFFAIRS WHETHER THE RATES4 |
---|
| 935 | + | SET FORTH IN SUBSECTIONS (1)(b)(V)(A), (1.8)(a)(III)(A), AND5 |
---|
| 936 | + | (1.8)(b)(VI)(A) |
---|
| 937 | + | OF THIS SECTION |
---|
| 938 | + | APPLY OR WHETHER THE RATES SET6 |
---|
| 939 | + | FORTH IN SUBSECTIONS (1)(b)(V)(B), (1.8)(a)(III)(B), AND (1.8)(b)(VI)(B)7 |
---|
| 940 | + | OF THIS SECTION APPLY FOR PROPERTY TAX YEARS COMMENCING ON8 |
---|
| 941 | + | J |
---|
| 942 | + | ANUARY 1, 2031, AND JANUARY 1, 2032.9 |
---|
| 943 | + | (c) The actual value of real and personal property specified in10 |
---|
| 944 | + | subsection (1.8)(a) or (1.8)(b) |
---|
| 945 | + | SUBSECTION (1), (1.8)(a), OR (1.8)(b) of this11 |
---|
| 946 | + | section is determined by the assessor and the administrator in the manner12 |
---|
| 947 | + | prescribed by law, and a valuation for assessment percentage is uniformly13 |
---|
| 948 | + | applied, without exception, to the actual value, |
---|
| 949 | + | AS so determined OR AS SO14 |
---|
| 950 | + | DETERMINED AND THEN REDUCED , of the various classes and subclasses15 |
---|
| 951 | + | of real and personal property located within the territorial limits of the16 |
---|
| 952 | + | authority levying a property tax, and all property taxes are levied against17 |
---|
| 953 | + | the aggregate valuation for assessment resulting from the application of18 |
---|
| 954 | + | the percentage.19 |
---|
| 955 | + | (d) As used in this section, unless the context otherwise requires,20 |
---|
| 956 | + | "nonresidential property" means all taxable real and personal property in21 |
---|
| 957 | + | the state other than residential real property, producing mines, or lands or22 |
---|
| 958 | + | leaseholds producing oil or gas. Nonresidential property includes the23 |
---|
| 959 | + | subclasses of agricultural property, |
---|
| 960 | + | lodging property, and renewable24 |
---|
| 961 | + | energy production property, for purposes of the ratio of |
---|
| 962 | + | valuation for25 |
---|
| 963 | + | assessment.26 |
---|
| 964 | + | (1.9) (a) T |
---|
| 965 | + | HE TEMPORARY REDUCTIONS IN THE VALUATIONS FOR27 |
---|
| 966 | + | 303 |
---|
| 967 | + | -26- ASSESSMENT SET FORTH IN SUBSECTIONS (1)(b) AND (1.8) OF THIS SECTION1 |
---|
| 968 | + | MADE IN THIS SENATE BILL 23-____ ARE CONTINGENT ON THE STATE 'S2 |
---|
| 969 | + | AUTHORITY TO RETAIN AND SPEND STATE SURPLUS UP TO THE PROPOSITION3 |
---|
| 970 | + | HH |
---|
| 971 | + | CAP UNDER PART 2 OF ARTICLE 77 OF TITLE 24. NOTWITHSTANDING4 |
---|
| 972 | + | ANY PROVISION OF SUBSECTIONS (1)(b) AND (1.8) OF THIS SECTION TO THE5 |
---|
| 973 | + | CONTRARY, IF, FOR A FISCAL YEAR COMMENCING ON OR AFTER JULY 1,6 |
---|
| 974 | + | 2023, |
---|
| 975 | + | THE STATE IS NOT PERMITTED TO RETAIN AND SPEND STATE SURPLUS7 |
---|
| 976 | + | UP TO THE PROPOSITION HH CAP FOR THE FISCAL YEAR FOR ANY REASON,8 |
---|
| 977 | + | EXCLUDING A LEGISLATIVE ENACTMENT BY THE GENERAL ASSEMBLY ,9 |
---|
| 978 | + | THEN FOR THE PROPERTY TAX YEAR THAT BEGINS DURING THE FISCAL10 |
---|
| 979 | + | YEAR AND ALL PROPERTY TAX YEARS THEREAFTER , THE TEMPORARY11 |
---|
| 980 | + | REDUCTIONS IN THE VALUATION FOR ASSESSMENT SET FORTH IN12 |
---|
| 981 | + | SUBSECTIONS (1)(b) AND (1.8) OF THIS SECTION MADE IN THIS SENATE13 |
---|
| 982 | + | B |
---|
| 983 | + | ILL 23-____ DO NOT APPLY.14 |
---|
| 984 | + | (b) T |
---|
| 985 | + | HE STATE CONTROLLER SHALL NOTIFY THE ADMINISTRATOR15 |
---|
| 986 | + | IF SUBSECTION (1.9)(a) OF THIS SECTION APPLIES , AND THE16 |
---|
| 987 | + | ADMINISTRATOR SHALL PUBLISH NOTICE ON THE WEBSITE MAINTAINED BY17 |
---|
| 988 | + | THE DIVISION OF PROPERTY TAXATION IN THE DEPARTMENT OF LOCAL18 |
---|
| 989 | + | AFFAIRS THAT THE APPLICABLE TEMPORARY REDUCTIONS SET FORTH IN19 |
---|
| 990 | + | SUBSECTIONS (1)(b) AND (1.8) OF THIS SECTION MADE IN THIS SENATE20 |
---|
| 991 | + | B |
---|
| 992 | + | ILL 23-____ DO NOT APPLY.21 |
---|
| 993 | + | SECTION 9. In Colorado Revised Statutes, 39-1-104.2, amend22 |
---|
| 994 | + | (3)(q) and (3)(r); and add (1)(a.3), (1)(a.7), |
---|
| 995 | + | (3.5), and (3.7) as follows:23 |
---|
| 996 | + | 39-1-104.2. Residential real property - valuation for24 |
---|
| 997 | + | assessment - legislative declaration - definitions. (1) As used in this25 |
---|
| 998 | + | section, unless the context otherwise requires:26 |
---|
| 999 | + | (a.3) "P |
---|
| 1000 | + | RIMARY RESIDENCE REAL PROPERTY " MEANS PROPERTY27 |
---|
| 1001 | + | 303 |
---|
| 1002 | + | -27- THAT IS CLASSIFIED AS SUCH UNDER SECTION 39-1-104.6.1 |
---|
| 1003 | + | (a.7) "Q |
---|
| 1004 | + | UALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY "2 |
---|
| 1005 | + | MEANS PROPERTY THAT IS CLASSIFIED AS SUCH UNDER SECTION 39-1-104.73 |
---|
| 1006 | + | (2).4 |
---|
| 1007 | + | (3) (q) The ratio of |
---|
| 1008 | + | valuation for assessment for multi-family5 |
---|
| 1009 | + | residential real property is 7.15 percent of |
---|
| 1010 | + | THE actual value THEREOF for6 |
---|
| 1011 | + | property tax years commencing on or after January 1, 2019; except that7 |
---|
| 1012 | + | THE VALUATION FOR ASSESSMENT IS TEMPORARILY REDUCED AS FOLLOWS :8 |
---|
| 1013 | + | (I) For the property tax years |
---|
| 1014 | + | YEAR commencing on January 1,9 |
---|
| 1015 | + | 2022, and January 1, 2024, the ratio of valuation for assessment for10 |
---|
| 1016 | + | multi-family residential real property is temporarily reduced to 6.811 |
---|
| 1017 | + | percent of |
---|
| 1018 | + | THE actual value THEREOF; |
---|
| 1019 | + | 12 |
---|
| 1020 | + | (II) For the property tax year commencing on January 1, 2023, the13 |
---|
| 1021 | + | ratio of valuation for assessment for multi-family residential real property14 |
---|
| 1022 | + | is temporarily reduced to 6.765 percent 6.7 PERCENT of THE AMOUNT15 |
---|
| 1023 | + | EQUAL TO THE actual value OF THE PROPERTY MINUS THE LESSER OF FIFTY16 |
---|
| 1024 | + | THOUSAND DOLLARS OR THE AMOUNT THAT CAUSES THE VALUATION FOR17 |
---|
| 1025 | + | ASSESSMENT OF THE PROPERTY TO BE ONE THOUSAND DOLLARS; AND18 |
---|
| 1026 | + | (III) FOR THE PROPERTY TAX YEARS COMMENCING ON AND AFTER19 |
---|
| 1027 | + | JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2033, THE VALUATION FOR20 |
---|
| 1028 | + | ASSESSMENT FOR MULTI-FAMILY RESIDENTIAL REAL PROPERTY IS 6.721 |
---|
| 1029 | + | PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY22 |
---|
| 1030 | + | MINUS THE LESSER OF FORTY THOUSAND DOLLARS OR THE AMOUNT THAT23 |
---|
| 1031 | + | CAUSES THE VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE24 |
---|
| 1032 | + | THOUSAND DOLLARS.25 |
---|
| 1033 | + | (r) The ratio of valuation for assessment for all residential real26 |
---|
| 1034 | + | property other than multi-family residential real property is 7.15 percent27 |
---|
| 1035 | + | 303 |
---|
| 1036 | + | -28- of THE actual value THEREOF; except that THE VALUATION FOR1 |
---|
| 1037 | + | ASSESSMENT IS TEMPORARILY REDUCED AS FOLLOWS :2 |
---|
| 1038 | + | (I) For the property tax year commencing on January 1, 2022, the3 |
---|
| 1039 | + | ratio of valuation for assessment for all residential real property other4 |
---|
| 1040 | + | than multi-family residential real property is temporarily reduced to 6.955 |
---|
| 1041 | + | percent of |
---|
| 1042 | + | THE actual value THEREOF;6 |
---|
| 1043 | + | (II) For the property tax year commencing on January 1, 2023, the7 |
---|
| 1044 | + | ratio of |
---|
| 1045 | + | valuation for assessment for all residential real property other8 |
---|
| 1046 | + | than multi-family residential real property is 6.765 percent 6.7 PERCENT9 |
---|
| 1047 | + | of |
---|
| 1048 | + | THE AMOUNT EQUAL TO THE actual value and |
---|
| 1049 | + | OF THE PROPERTY MINUS10 |
---|
| 1050 | + | THE LESSER OF FIFTY THOUSAND DOLLARS OR THE AMOUNT THAT CAUSES11 |
---|
| 1051 | + | THE VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE THOUSAND12 |
---|
| 1052 | + | DOLLARS;13 |
---|
| 1053 | + | (III) For the property tax year commencing on January 1, 2024,14 |
---|
| 1054 | + | the ratio of valuation for assessment for all residential real property other15 |
---|
| 1055 | + | than multi-family residential real property is temporarily established as16 |
---|
| 1056 | + | the percentage calculated in accordance with section 39-1-104.4 6.717 |
---|
| 1057 | + | PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY18 |
---|
| 1058 | + | MINUS THE LESSER OF FORTY THOUSAND DOLLARS OR THE AMOUNT THAT19 |
---|
| 1059 | + | CAUSES THE VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE20 |
---|
| 1060 | + | THOUSAND DOLLARS; AND21 |
---|
| 1061 | + | (IV) F |
---|
| 1062 | + | OR PROPERTY TAX YEARS COMMENCING ON |
---|
| 1063 | + | AND AFTER22 |
---|
| 1064 | + | J |
---|
| 1065 | + | ANUARY 1, 2025, BUT BEFORE JANUARY 1, 2033:23 |
---|
| 1066 | + | (A) |
---|
| 1067 | + | THE VALUATION FOR ASSESSMENT FOR PRIMARY RESIDENCE24 |
---|
| 1068 | + | REAL PROPERTY, INCLUDING MULTI-FAMILY PRIMARY RESIDENCE REAL25 |
---|
| 1069 | + | PROPERTY, IS 6.7 PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE26 |
---|
| 1070 | + | OF THE PROPERTY MINUS THE LESSER OF FORTY THOUSAND DOLLARS OR27 |
---|
| 1071 | + | 303 |
---|
| 1072 | + | -29- THE AMOUNT THAT CAUSES THE VALUATION FOR ASSESSMENT OF THE1 |
---|
| 1073 | + | PROPERTY TO BE ONE THOUSAND DOLLARS ;2 |
---|
| 1074 | + | (B) T |
---|
| 1075 | + | HE VALUATION FOR ASSESSMENT FOR QUALIFIED -SENIOR3 |
---|
| 1076 | + | PRIMARY RESIDENCE REAL PROPERTY , INCLUDING MULTI -FAMILY4 |
---|
| 1077 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY , IS 6.7 PERCENT5 |
---|
| 1078 | + | OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY MINUS6 |
---|
| 1079 | + | THE LESSER OF ONE HUNDRED FORTY THOUSAND DOLLARS OR THE7 |
---|
| 1080 | + | AMOUNT THAT CAUSES THE VALUATION FOR ASSESSMENT OF THE8 |
---|
| 1081 | + | PROPERTY TO BE ONE THOUSAND DOLLARS ; AND9 |
---|
| 1082 | + | (C) T |
---|
| 1083 | + | HE VALUATION FOR ASSESSMENT FOR ALL RESIDENTIAL REAL10 |
---|
| 1084 | + | PROPERTY THAT IS NOT SPECIFIED IN SUBSECTION |
---|
| 1085 | + | (3)(q)(III), (3)(r)(IV)(A),11 |
---|
| 1086 | + | OR (3)(r)(IV)(B) OF THIS SECTION IS 6.7 PERCENT OF THE ACTUAL VALUE12 |
---|
| 1087 | + | THEREOF.13 |
---|
| 1088 | + | (3.5) (a) T |
---|
| 1089 | + | HE TEMPORARY REDUCTIONS IN THE VALUATIONS FOR14 |
---|
| 1090 | + | ASSESSMENT SET FORTH IN SUBSECTION (3) OF THIS SECTION MADE IN THIS15 |
---|
| 1091 | + | S |
---|
| 1092 | + | ENATE BILL 23-____ ARE CONTINGENT ON THE STATE'S AUTHORITY TO16 |
---|
| 1093 | + | RETAIN AND SPEND STATE SURPLUS UP TO THE PROPOSITION HH CAP17 |
---|
| 1094 | + | UNDER PART 2 OF ARTICLE 77 OF TITLE 24. NOTWITHSTANDING ANY18 |
---|
| 1095 | + | PROVISION OF SUBSECTION (3) OF THIS SECTION TO THE CONTRARY, IF, FOR19 |
---|
| 1096 | + | A FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 2023, THE STATE IS20 |
---|
| 1097 | + | NOT PERMITTED TO RETAIN AND SPEND STATE SURPLUS UP TO THE21 |
---|
| 1098 | + | PROPOSITION HH CAP FOR THE FISCAL YEAR FOR ANY REASON, EXCLUDING22 |
---|
| 1099 | + | A LEGISLATIVE ENACTMENT BY THE GENERAL ASSEMBLY , THEN FOR THE23 |
---|
| 1100 | + | PROPERTY TAX YEAR THAT BEGINS DURING THE FISCAL YEAR AND ALL24 |
---|
| 1101 | + | PROPERTY TAX YEARS THEREAFTER , THE TEMPORARY REDUCTIONS IN THE25 |
---|
| 1102 | + | VALUATION FOR ASSESSMENT SET FORTH IN SUBSECTION (3) OF THIS26 |
---|
| 1103 | + | SECTION MADE IN THIS SENATE BILL 23-____ DO NOT APPLY.27 |
---|
| 1104 | + | 303 |
---|
| 1105 | + | -30- (b) THE STATE CONTROLLER SHALL NOTIFY THE ADMINISTRATOR1 |
---|
| 1106 | + | IF SUBSECTION (3.5)(a) OF THIS SECTION APPLIES , AND THE2 |
---|
| 1107 | + | ADMINISTRATOR SHALL PUBLISH NOTICE ON THE WEBSITE MAINTAINED BY3 |
---|
| 1108 | + | THE DIVISION OF PROPERTY TAXATION IN THE DEPARTMENT OF LOCAL4 |
---|
| 1109 | + | AFFAIRS THAT THE APPLICABLE TEMPORARY REDUCTIONS SET FORTH IN5 |
---|
| 1110 | + | SUBSECTION (3) OF THIS SECTION MADE IN THIS SENATE BILL 23-____ DO6 |
---|
| 1111 | + | NOT APPLY.7 |
---|
| 1112 | + | (3.7) (a) THE ADMINISTRATOR SHALL CONVENE A WORKING GROUP8 |
---|
| 1113 | + | WITH REPRESENTATIVES, INCLUDING ASSESSORS AND ELECTED COUNTY9 |
---|
| 1114 | + | OFFICIALS FROM SMALL-, MEDIUM-, AND LARGE-SIZED COUNTIES AND A10 |
---|
| 1115 | + | REPRESENTATIVE OF A STATEWIDE ORGANIZATION OF REAL ESTATE11 |
---|
| 1116 | + | PROFESSIONALS, TO MAKE RECOMMENDATIONS ABOUT WAYS TO12 |
---|
| 1117 | + | STREAMLINE AND IMPROVE THE DESIGNATION OF THE PRIMARY RESIDENCE13 |
---|
| 1118 | + | REAL PROPERTY IN THE EVENT THAT VOTERS APPROVE THE BALLOT ISSUE14 |
---|
| 1119 | + | REFERRED IN ACCORDANCE WITH SECTION 24-77-202. IN FORMULATING ITS15 |
---|
| 1120 | + | RECOMMENDATIONS, THE WORKING GROUP SHALL CONSIDER INFORMATION16 |
---|
| 1121 | + | TECHNOLOGY NEEDS AND ADMINISTRATIVE IMPACTS. ON OR BEFORE17 |
---|
| 1122 | + | JANUARY 1, 2024, THE WORKING GROUP SHALL PROVIDE A REPORT OF ITS18 |
---|
| 1123 | + | RECOMMENDATIONS TO THE SENATE LOCAL GOVERNMENT AND HOUSING19 |
---|
| 1124 | + | COMMITTEE, AND THE HOUSE OF REPRESENTATIVES TRANSPORTATION,20 |
---|
| 1125 | + | HOUSING, AND LOCAL GOVERNMENT COMMITTEE; EXCEPT THAT NO21 |
---|
| 1126 | + | REPORT IS DUE IF THE BALLOT ISSUE DOES NOT PASS.22 |
---|
| 1127 | + | (b) THIS SUBSECTION (3.7) IS REPEALED, EFFECTIVE JULY 1, 2024.23 |
---|
| 1128 | + | SECTION 10. In Colorado Revised Statutes, repeal 39-1-104.324 |
---|
| 1129 | + | and 39-1-104.4 as follows:25 |
---|
| 1130 | + | 39-1-104.3. Partial real property tax reductions - residential26 |
---|
| 1131 | + | property - definitions - repeal. (1) As used in this section, unless the27 |
---|
| 1132 | + | 303 |
---|
| 1133 | + | -31- context otherwise requires, "residential real property" means property1 |
---|
| 1134 | + | listed by the assessor under any residential real property classification2 |
---|
| 1135 | + | code.3 |
---|
| 1136 | + | (2) For the property tax year commencing on January 1, 2023,the4 |
---|
| 1137 | + | valuation for assessment for residential real property is six and seven5 |
---|
| 1138 | + | hundred sixty-five thousandths percent, as set forth in section 39-1-104.26 |
---|
| 1139 | + | (3)(q)(II) and (3)(r)(II), of the amount equal to the actual value,7 |
---|
| 1140 | + | determined pursuant to section 39-1-103, minus the lesser of fifteen8 |
---|
| 1141 | + | thousand dollars or the amount that reduces the valuation for assessment9 |
---|
| 1142 | + | to one thousand dollars.10 |
---|
| 1143 | + | (3) This adjustment does not apply to any other class of property.11 |
---|
| 1144 | + | (4) This section is repealed, effective July 1, 2025.12 |
---|
| 1145 | + | 39-1-104.4. Adjustment of residential rate. (1) The ratio of13 |
---|
| 1146 | + | valuation for assessment for residential real property other than14 |
---|
| 1147 | + | multi-family residential real property for the property tax year15 |
---|
| 1148 | + | commencing on January 1, 2024, is equal to the percentage necessary for16 |
---|
| 1149 | + | the following to equal a total of seven hundred million dollars:17 |
---|
| 1150 | + | (a) The aggregate reduction of local government property tax18 |
---|
| 1151 | + | revenue during the property tax year commencing on January 1, 2023, as19 |
---|
| 1152 | + | a result of the changes made in Senate Bill 22-238, enacted in 2022, that20 |
---|
| 1153 | + | reduced valuations for assessment set forth pursuant to sections 39-1-10421 |
---|
| 1154 | + | (1)(b) and (1.8)(b), 39-1-104.2 (3)(q)(II) and (3)(r)(II), and 39-3-104.322 |
---|
| 1155 | + | (2); and23 |
---|
| 1156 | + | (b) The aggregate reduction of local government property tax24 |
---|
| 1157 | + | revenue during the property tax year commencing on January 1, 2024, as25 |
---|
| 1158 | + | a result of the reduced valuations for assessment set forth pursuant to26 |
---|
| 1159 | + | sections 39-1-104 (1.8)(a) and 39-1-104.2 (3)(q)(I) and (3)(r)(III) for the27 |
---|
| 1160 | + | 303 |
---|
| 1161 | + | -32- property tax year commencing on January 1, 2024.1 |
---|
| 1162 | + | (2) On or before March 21, 2024, based on the information2 |
---|
| 1163 | + | available on that date, the property tax administrator shall submit a report3 |
---|
| 1164 | + | to the general assembly calculating the ratio of valuation for assessment4 |
---|
| 1165 | + | specified in subsection (1) of this section.5 |
---|
| 1166 | + | SECTION 11. In Colorado Revised Statutes, add 39-1-104.6 and6 |
---|
| 1167 | + | 39-1-104.7 as follows:7 |
---|
| 1168 | + | 39-1-104.6. Primary residence real property. (1) Definitions.8 |
---|
| 1169 | + | A |
---|
| 1170 | + | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :9 |
---|
| 1171 | + | (a) (I) "O |
---|
| 1172 | + | WNER-OCCUPIER" MEANS AN INDIVIDUAL WHO:10 |
---|
| 1173 | + | (A) I |
---|
| 1174 | + | S AN OWNER OF RECORD OF RESIDENTIAL REAL PROPERTY11 |
---|
| 1175 | + | THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL 'S PRIMARY12 |
---|
| 1176 | + | RESIDENCE;13 |
---|
| 1177 | + | (B) I |
---|
| 1178 | + | S NOT AN OWNER OF RECORD OF THE RESIDENTIAL REAL14 |
---|
| 1179 | + | PROPERTY THAT THE INDIVIDUAL OCCUPIES AS THE INDIVI DUAL 'S PRIMARY15 |
---|
| 1180 | + | RESIDENCE, BUT EITHER IS A SPOUSE OR CIVIL UNION PARTNER OF AN16 |
---|
| 1181 | + | OWNER OF RECORD OF THE RESIDENTIAL REAL PROPERTY AND WHO ALSO17 |
---|
| 1182 | + | OCCUPIES THE RESIDENTIAL REAL PROPERTY AS THE OWNER OF RECORD 'S18 |
---|
| 1183 | + | PRIMARY RESIDENCE, OR IS THE SURVIVING SPOUSE OR PARTNER OF AN19 |
---|
| 1184 | + | INDIVIDUAL WHO WAS AN OWNER OF RECORD OF THE RESIDENTIAL REAL20 |
---|
| 1185 | + | PROPERTY AND WHO OCCUPIED THE RESIDENTIAL REAL PROPERTY WITH21 |
---|
| 1186 | + | THE SURVIVING SPOUSE OR PARTNER AS THEIR PRIMARY RESIDENCE UNTIL22 |
---|
| 1187 | + | THE OWNER OF RECORD'S DEATH; OR23 |
---|
| 1188 | + | (C) I |
---|
| 1189 | + | S NOT AN OWNER OF RECORD OF THE RESIDENTIAL REAL24 |
---|
| 1190 | + | PROPERTY THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL 'S PRIMARY25 |
---|
| 1191 | + | RESIDENCE, ONLY BECAUSE THE PROPERTY HAS BEEN PURCHASED BY OR26 |
---|
| 1192 | + | TRANSFERRED TO A TRUST, A CORPORATE PARTNERSHIP, OR ANY OTHER27 |
---|
| 1193 | + | 303 |
---|
| 1194 | + | -33- LEGAL ENTITY SOLELY FOR ESTATE PLANNING PURPOSES AND IS THE1 |
---|
| 1195 | + | MAKER OF THE TRUST OR A PRINCIPAL OF THE CORPORATE PARTNERSHIP OR2 |
---|
| 1196 | + | OTHER LEGAL ENTITY;3 |
---|
| 1197 | + | (D) O |
---|
| 1198 | + | CCUPIES RESIDENTIAL REAL PROPERTY AS THE INDIVIDUAL 'S4 |
---|
| 1199 | + | PRIMARY RESIDENCE AND IS THE SPOUSE OR CIVIL UNION PARTNER OF A5 |
---|
| 1200 | + | PERSON WHO ALSO OCCUPIES THE RESIDENTIAL REAL PROPERTY , WHO IS6 |
---|
| 1201 | + | NOT THE OWNER OF RECORD OF THE PROPERTY ONLY BECAUSE THE7 |
---|
| 1202 | + | PROPERTY HAS BEEN PURCHASED BY OR TRANSFERRED TO A TRUST , A8 |
---|
| 1203 | + | CORPORATE PARTNERSHIP , OR ANY OTHER LEGAL ENTITY SOLELY FOR9 |
---|
| 1204 | + | ESTATE PLANNING PURPOSES, AND WHO IS THE MAKER OF THE TRUST OR A10 |
---|
| 1205 | + | PRINCIPAL OF THE CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY ; OR11 |
---|
| 1206 | + | (E) O |
---|
| 1207 | + | CCUPIES RESIDENTIAL REAL PROPERTY AS THE INDIVIDUAL 'S12 |
---|
| 1208 | + | PRIMARY RESIDENCE AND IS THE SURVIVING SPOUSE OR PARTNER OF A13 |
---|
| 1209 | + | PERSON WHO OCCUPIED THE RESIDENTIAL REAL PROPERTY WITH THE14 |
---|
| 1210 | + | SURVIVING SPOUSE OR PARTNER UNTIL THE PERSON 'S DEATH, WHO WAS15 |
---|
| 1211 | + | NOT THE OWNER OF RECORD OF THE PROPERTY AT THE TIME OF THE16 |
---|
| 1212 | + | PERSON'S DEATH ONLY BECAUSE THE PROPERTY HAD BEEN PURCHASED BY17 |
---|
| 1213 | + | OR TRANSFERRED TO A TRUST, A CORPORATE PARTNERSHIP, OR ANY OTHER18 |
---|
| 1214 | + | LEGAL ENTITY SOLELY FOR ESTATE PLANNING PURPOSES PRIOR TO THE19 |
---|
| 1215 | + | PERSON'S DEATH, AND WHO WAS THE MAKER OF THE TRUST OR A PRINCIPAL20 |
---|
| 1216 | + | OF THE CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY PRIOR TO THE21 |
---|
| 1217 | + | PERSON'S DEATH.22 |
---|
| 1218 | + | (II) "O |
---|
| 1219 | + | WNER-OCCUPIER" ALSO INCLUDES ANY INDIVIDUAL WHO ,23 |
---|
| 1220 | + | BUT FOR THE CONFINEMENT OF THE INDIVIDUAL TO A HOSPITAL , NURSING24 |
---|
| 1221 | + | HOME, OR ASSISTED LIVING FACILITY, WOULD OCCUPY THE RESIDENTIAL25 |
---|
| 1222 | + | REAL PROPERTY AS THE INDIVIDUAL 'S PRIMARY RESIDENCE AND WOULD26 |
---|
| 1223 | + | MEET ONE OR MORE OF THE OWNERSHIP CRITERIA SPECIFIED IN27 |
---|
| 1224 | + | 303 |
---|
| 1225 | + | -34- SUBSECTION (1)(a)(I) OF THIS SECTION, IF THE RESIDENTIAL REAL1 |
---|
| 1226 | + | PROPERTY:2 |
---|
| 1227 | + | (A) I |
---|
| 1228 | + | S TEMPORARILY UNOCCUPIED ; OR3 |
---|
| 1229 | + | (B) I |
---|
| 1230 | + | S OCCUPIED BY THE SPOUSE, CIVIL UNION PARTNER, OR A4 |
---|
| 1231 | + | FINANCIAL DEPENDENT OF THE INDIVIDUAL .5 |
---|
| 1232 | + | (b) "O |
---|
| 1233 | + | WNER OF RECORD" MEANS AN INDIVIDUAL WHOSE NAME6 |
---|
| 1234 | + | APPEARS ON A VALID RECORDED DEED TO RESIDENTIAL REAL PROPERTY AS7 |
---|
| 1235 | + | AN OWNER OF THE PROPERTY.8 |
---|
| 1236 | + | (c) "Q |
---|
| 1237 | + | UALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY "9 |
---|
| 1238 | + | MEANS A PROPERTY THAT IS CLASSIFIED AS SUCH UNDER SECTION10 |
---|
| 1239 | + | 39-1-104.7.11 |
---|
| 1240 | + | (d) "S |
---|
| 1241 | + | URVIVING SPOUSE OR PARTNER" MEANS AN INDIVIDUAL WHO12 |
---|
| 1242 | + | WAS LEGALLY MARRIED TO ANOTHER INDIVIDUAL , OR WAS A PARTNER IN13 |
---|
| 1243 | + | A CIVIL UNION WITH ANOTHER INDIVIDUAL , AT THE TIME OF THE OTHER14 |
---|
| 1244 | + | INDIVIDUAL'S DEATH AND WHO HAS NOT REMARRIED OR ENTERED INTO15 |
---|
| 1245 | + | ANOTHER CIVIL UNION.16 |
---|
| 1246 | + | (2) Classification. (a) E |
---|
| 1247 | + | XCEPT AS SET FORTH IN SECTION17 |
---|
| 1248 | + | 39-1-104.7, |
---|
847 | | - | JANUARY 1, 2031, AND |
---|
848 | | - | JANUARY 1, 2032. |
---|
849 | | - | (c) The actual value of real and personal property specified in |
---|
850 | | - | subsection (1.8)(a) or (1.8)(b) |
---|
851 | | - | SUBSECTION (1), (1.8)(a), OR (1.8)(b) of this |
---|
852 | | - | section is determined by the assessor and the administrator in the manner |
---|
853 | | - | prescribed by law, and a valuation for assessment percentage is uniformly |
---|
854 | | - | PAGE 17-SENATE BILL 23-303 applied, without exception, to the actual value, AS so determined OR AS SO |
---|
855 | | - | DETERMINED AND THEN REDUCED |
---|
856 | | - | , of the various classes and subclasses of |
---|
857 | | - | real and personal property located within the territorial limits of the |
---|
858 | | - | authority levying a property tax, and all property taxes are levied against the |
---|
859 | | - | aggregate valuation for assessment resulting from the application of the |
---|
860 | | - | percentage. |
---|
861 | | - | (d) As used in this section, unless the context otherwise requires, |
---|
862 | | - | "nonresidential property" means all taxable real and personal property in the |
---|
863 | | - | state other than residential real property, producing mines, or lands or |
---|
864 | | - | leaseholds producing oil or gas. Nonresidential property includes the |
---|
865 | | - | subclasses of agricultural property, lodging property, and renewable energy |
---|
866 | | - | production property, for purposes of the ratio of |
---|
867 | | - | valuation for assessment. |
---|
868 | | - | (1.9) (a) T |
---|
869 | | - | HE TEMPORARY REDUCTIONS IN THE VALUATIONS FOR |
---|
870 | | - | ASSESSMENT SET FORTH IN SUBSECTIONS |
---|
871 | | - | (1)(b) AND (1.8) OF THIS SECTION |
---|
872 | | - | MADE IN |
---|
873 | | - | SENATE BILL 23-303 ARE CONTINGENT ON THE STATE'S AUTHORITY |
---|
874 | | - | TO RETAIN AND SPEND STATE SURPLUS UP TO THE PROPOSITION |
---|
875 | | - | HH CAP |
---|
876 | | - | UNDER PART |
---|
877 | | - | 2 OF ARTICLE 77 OF TITLE 24. NOTWITHSTANDING ANY |
---|
878 | | - | PROVISION OF SUBSECTIONS |
---|
879 | | - | (1)(b) AND (1.8) OF THIS SECTION TO THE |
---|
880 | | - | CONTRARY |
---|
881 | | - | , IF, FOR A FISCAL YEAR COMMENCING ON OR AFTER JULY 1, 2023, |
---|
882 | | - | THE STATE IS NOT PERMITTED TO RETAIN AND SPEND STATE SURPLUS UP TO |
---|
883 | | - | THE PROPOSITION |
---|
884 | | - | HH CAP FOR THE FISCAL YEAR FOR ANY REASON , |
---|
885 | | - | EXCLUDING A LEGISLATIVE ENACTMENT BY THE GENERAL ASSEMBLY , THEN |
---|
886 | | - | FOR THE PROPERTY TAX YEAR THAT BEGINS DURING THE FISCAL YEAR AND |
---|
887 | | - | ALL PROPERTY TAX YEARS THEREAFTER |
---|
888 | | - | , THE TEMPORARY REDUCTIONS IN |
---|
889 | | - | THE VALUATION FOR ASSESSMENT SET FORTH IN SUBSECTIONS |
---|
890 | | - | (1)(b) AND |
---|
891 | | - | (1.8) OF THIS SECTION MADE IN SENATE BILL 23-303 DO NOT APPLY. |
---|
| 1250 | + | AND AFTER18 |
---|
| 1251 | + | J |
---|
| 1252 | + | ANUARY 1, 2025, RESIDENTIAL REAL PROPERTY THAT AS OF THE19 |
---|
| 1253 | + | ASSESSMENT DATE IS USED AS THE PRIMARY RESIDENCE OF AN20 |
---|
| 1254 | + | OWNER-OCCUPIER IS CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY ,21 |
---|
| 1255 | + | WHICH IS A SUBCLASS OF RESIDENTIAL REAL PROPERTY , IF:22 |
---|
| 1256 | + | (I) T |
---|
| 1257 | + | HE OWNER-OCCUPIER COMPLETES AND FILES AN APPLICATION23 |
---|
| 1258 | + | IN THE MANNER REQUIRED BY SUBSECTION (3) OF THIS SECTION; AND24 |
---|
| 1259 | + | (II) T |
---|
| 1260 | + | HE CIRCUMSTANCES THAT QUALIFY THE PROPERTY FOR THE25 |
---|
| 1261 | + | CLASSIFICATION HAVE NOT C HANGED SINCE THE FILING OF THE26 |
---|
| 1262 | + | APPLICATION.27 |
---|
| 1263 | + | 303 |
---|
| 1264 | + | -35- (b) UNDER NO CIRCUMSTANCES IS THE CLASSIFICATION ALLOWED1 |
---|
| 1265 | + | FOR PROPERTY TAXES ASSESSED DURING ANY PROPERTY TAX YEAR PRIOR2 |
---|
| 1266 | + | TO THE YEAR IN WHICH AN OWNER-OCCUPIER FIRST FILES AN APPLICATION3 |
---|
| 1267 | + | IN THE MANNER REQUIRED BY SUBSECTION (3) OF THIS SECTION. IF4 |
---|
| 1268 | + | OWNERSHIP OF RESIDENTIAL REAL PROPERTY THAT QUALIFIED AS PRIMARY5 |
---|
| 1269 | + | RESIDENCE REAL PROPERTY AS OF THE ASSESSMENT DATE CHANGES AFTER6 |
---|
| 1270 | + | THE ASSESSMENT DATE, THE CLASSIFICATION IS ALLOWED ONLY IF AN7 |
---|
| 1271 | + | OWNER-OCCUPIER WHOSE STATUS AS AN OWNER -OCCUPIER QUALIFIED THE8 |
---|
| 1272 | + | PROPERTY FOR THE CLASSIFICATION HAS FILED AN APPLICATION BY THE9 |
---|
| 1273 | + | DEADLINE SPECIFIED IN SUBSECTION (3)(a) OF THIS SECTION.10 |
---|
| 1274 | + | (c) I |
---|
| 1275 | + | F AN INDIVIDUAL OWNS AND OCCUPIES A DWELLING UNIT IN A11 |
---|
| 1276 | + | COMMON INTEREST COMMUNITY , AS DEFINED IN SECTION 38-33.3-103 (8),12 |
---|
| 1277 | + | AS THE INDIVIDUAL'S PRIMARY RESIDENCE, ONLY THE DWELLING UNIT13 |
---|
| 1278 | + | THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL 'S PRIMARY14 |
---|
| 1279 | + | RESIDENCE MAY QUALIFY AS PRIMARY RESIDENCE REAL PROPERTY OR15 |
---|
| 1280 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY .16 |
---|
| 1281 | + | (d) F |
---|
| 1282 | + | OR PURPOSES OF THIS SUBSECTION (2), TWO INDIVIDUALS WHO17 |
---|
| 1283 | + | ARE LEGALLY MARRIED OR ARE CIVIL UNION PARTNERS , BUT WHO OWN18 |
---|
| 1284 | + | MORE THAN ONE PARCEL OF RESIDENTIAL REAL PROPERTY , ARE DEEMED19 |
---|
| 1285 | + | TO OCCUPY THE SAME PRIMARY RESIDENCE AND ONLY THAT PROPERTY20 |
---|
| 1286 | + | MAY BE CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY . IF AN |
---|
| 1287 | + | 21 |
---|
| 1288 | + | INDIVIDUAL IS AN OWNER-OCCUPIER OF A RESIDENTIAL REAL PROPERTY22 |
---|
| 1289 | + | AND AN OWNER OF RECORD ON ANOTHER PROPERTY ALONG WITH A23 |
---|
| 1290 | + | MEMBER OF THE INDIVIDUAL 'S FAMILY OTHER THAN THE INDIVIDUAL 'S24 |
---|
| 1291 | + | SPOUSE, THEN THE OTHER FAMILY MEMBER MAY BE AN OWNER -OCCUPIER25 |
---|
| 1292 | + | OF THE OTHER PROPERTY.26 |
---|
| 1293 | + | (e) R |
---|
| 1294 | + | EAL PROPERTY THAT MIGHT OTHERWISE BE CLASSIFIED AS27 |
---|
| 1295 | + | 303 |
---|
| 1296 | + | -36- MULTI-FAMILY RESIDENTIAL REAL PROPERTY THAT CONTAINS A UNIT THAT1 |
---|
| 1297 | + | QUALIFIES AS PRIMARY RESIDENCE REAL PROPERTY UNDER THIS SECTION2 |
---|
| 1298 | + | IS CLASSIFIED AS MULTI-FAMILY PRIMARY RESIDENCE REAL PROPERTY .3 |
---|
| 1299 | + | (3) Applications. (a) F |
---|
| 1300 | + | OR A PROPERTY TO BE CLASSIFIED AS4 |
---|
| 1301 | + | PRIMARY RESIDENCE REAL PROPERTY OR AS QUALIFIED -SENIOR PRIMARY5 |
---|
| 1302 | + | RESIDENCE REAL PROPERTY , AN INDIVIDUAL MUST FILE WITH THE6 |
---|
| 1303 | + | ASSESSOR A COMPLETED APPLICATION NO LATER THAN MARCH 15 OF THE7 |
---|
| 1304 | + | FIRST PROPERTY TAX YEAR FOR WHICH THE CLASSIFICATION IS SOUGHT .8 |
---|
| 1305 | + | A |
---|
| 1306 | + | N APPLICATION RETURNED BY MAIL IS DEEMED FILED ON THE DATE IT IS9 |
---|
| 1307 | + | POSTMARKED.10 |
---|
| 1308 | + | (b) (I) A |
---|
| 1309 | + | N APPLICANT MUST COMPLETE AN APPLICATION FOR11 |
---|
| 1310 | + | PROPERTY TO BE CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY OR12 |
---|
| 1311 | + | AS QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY ON A FORM13 |
---|
| 1312 | + | PRESCRIBED BY THE ADMINISTRATOR THAT INCLUDES THE FOLLOWING14 |
---|
| 1313 | + | INFORMATION: 15 |
---|
| 1314 | + | (A) T |
---|
| 1315 | + | HE APPLICANT'S NAME, MAILING ADDRESS, AND SOCIAL16 |
---|
| 1316 | + | SECURITY NUMBER;17 |
---|
893 | | - | HE STATE CONTROLLER SHALL NOTIFY THE ADMINISTRATOR IF |
---|
894 | | - | SUBSECTION |
---|
895 | | - | (1.9)(a) OF THIS SECTION APPLIES, AND THE ADMINISTRATOR |
---|
896 | | - | SHALL PUBLISH NOTICE ON THE WEBSITE MAINTAINED BY THE DIVISION OF |
---|
897 | | - | PROPERTY TAXATION IN THE DEPARTMENT OF LOCAL AFFAIRS THAT THE |
---|
898 | | - | APPLICABLE TEMPORARY REDUCTIONS SET FORTH IN SUBSECTIONS |
---|
899 | | - | (1)(b) |
---|
900 | | - | AND (1.8) OF THIS SECTION MADE IN SENATE BILL 23-303 DO NOT APPLY. |
---|
901 | | - | SECTION 9. In Colorado Revised Statutes, 39-1-104.2, amend |
---|
902 | | - | (3)(q) and (3)(r); and add (1)(a.3), (1)(a.7), (3.5), and (3.7) as follows: |
---|
903 | | - | 39-1-104.2. Residential real property - valuation for assessment |
---|
904 | | - | PAGE 18-SENATE BILL 23-303 - legislative declaration - definitions. (1) As used in this section, unless |
---|
905 | | - | the context otherwise requires: |
---|
906 | | - | (a.3) "P |
---|
907 | | - | RIMARY RESIDENCE REAL PROPERTY" MEANS PROPERTY THAT |
---|
908 | | - | IS CLASSIFIED AS SUCH UNDER SECTION |
---|
909 | | - | 39-1-104.6. |
---|
910 | | - | (a.7) "Q |
---|
911 | | - | UALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY " |
---|
912 | | - | MEANS PROPERTY THAT IS CLASSIFIED AS SUCH UNDER SECTION 39-1-104.7 |
---|
913 | | - | (2). |
---|
914 | | - | (3) (q) The ratio of |
---|
915 | | - | valuation for assessment for multi-family |
---|
916 | | - | residential real property is 7.15 percent of |
---|
917 | | - | THE actual value THEREOF for |
---|
918 | | - | property tax years commencing on or after January 1, 2019; except that |
---|
919 | | - | THE |
---|
920 | | - | VALUATION FOR ASSESSMENT IS TEMPORARILY REDUCED AS FOLLOWS |
---|
921 | | - | : |
---|
922 | | - | (I) For the property tax years |
---|
923 | | - | YEAR commencing on January 1, 2022, |
---|
924 | | - | and January 1, 2024, the ratio of valuation for assessment for multi-family |
---|
925 | | - | residential real property is temporarily reduced to 6.8 percent of THE actual |
---|
926 | | - | value |
---|
927 | | - | THEREOF; |
---|
928 | | - | (II) For the property tax year commencing on January 1, 2023, the |
---|
929 | | - | ratio of |
---|
930 | | - | valuation for assessment for multi-family residential real property |
---|
931 | | - | is temporarily reduced to 6.765 percent 6.7 PERCENT of THE AMOUNT EQUAL |
---|
932 | | - | TO THE |
---|
933 | | - | actual value OF THE PROPERTY MINUS THE LESSER OF FIFTY |
---|
934 | | - | THOUSAND DOLLARS OR THE AMOUNT THAT CAUSES THE VALUATION FOR |
---|
935 | | - | ASSESSMENT OF THE PROPERTY TO BE ONE THOUSAND DOLLARS |
---|
936 | | - | ; AND |
---|
937 | | - | (III) FOR THE PROPERTY TAX YEARS COMMENCING ON AND AFTER |
---|
938 | | - | JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2033, THE VALUATION FOR |
---|
939 | | - | ASSESSMENT FOR MULTI |
---|
940 | | - | -FAMILY RESIDENTIAL REAL PROPERTY IS 6.7 |
---|
941 | | - | PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY |
---|
942 | | - | MINUS THE LESSER OF FORTY THOUSAND DOLLARS OR THE AMOUNT THAT |
---|
943 | | - | CAUSES THE VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE |
---|
944 | | - | THOUSAND DOLLARS |
---|
945 | | - | . |
---|
946 | | - | (r) The ratio of |
---|
947 | | - | valuation for assessment for all residential real |
---|
948 | | - | property other than multi-family residential real property is 7.15 percent of |
---|
949 | | - | THE actual value THEREOF; except that THE VALUATION FOR ASSESSMENT IS |
---|
950 | | - | TEMPORARILY REDUCED AS FOLLOWS |
---|
951 | | - | : |
---|
952 | | - | PAGE 19-SENATE BILL 23-303 (I) For the property tax year commencing on January 1, 2022, the |
---|
953 | | - | ratio of valuation for assessment for all residential real property other than |
---|
954 | | - | multi-family residential real property is temporarily reduced to 6.95 percent |
---|
955 | | - | of |
---|
956 | | - | THE actual value THEREOF; |
---|
957 | | - | (II) For the property tax year commencing on January 1, 2023, the |
---|
958 | | - | ratio of |
---|
959 | | - | valuation for assessment for all residential real property other than |
---|
960 | | - | multi-family residential real property is 6.765 percent 6.7 PERCENT of THE |
---|
961 | | - | AMOUNT EQUAL TO THE |
---|
962 | | - | actual value and |
---|
963 | | - | OF THE PROPERTY MINUS THE |
---|
964 | | - | LESSER OF FIFTY THOUSAND DOLLARS OR THE AMOUNT THAT CAUSES THE |
---|
965 | | - | VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE THOUSAND |
---|
966 | | - | DOLLARS |
---|
967 | | - | ; |
---|
968 | | - | (III) For the property tax year commencing on January 1, 2024, the |
---|
969 | | - | ratio of |
---|
970 | | - | valuation for assessment for all residential real property other than |
---|
971 | | - | multi-family residential real property is temporarily established as the |
---|
972 | | - | percentage calculated in accordance with section 39-1-104.4 6.7 PERCENT |
---|
973 | | - | OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY MINUS THE |
---|
974 | | - | LESSER OF FORTY THOUSAND DOLLARS OR THE AMOUNT THAT CAUSES THE |
---|
975 | | - | VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE THOUSAND |
---|
976 | | - | DOLLARS |
---|
977 | | - | ; AND |
---|
978 | | - | (IV) FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER |
---|
979 | | - | JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2033: |
---|
980 | | - | (A) |
---|
981 | | - | THE VALUATION FOR ASSESSMENT FOR PRIMARY RESIDENCE REAL |
---|
982 | | - | PROPERTY |
---|
983 | | - | , INCLUDING MULTI-FAMILY PRIMARY RESIDENCE REAL PROPERTY , |
---|
984 | | - | IS 6.7 PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE |
---|
985 | | - | PROPERTY MINUS THE LESSER OF FORTY THOUSAND DOLLARS OR THE |
---|
986 | | - | AMOUNT THAT CAUSES THE VALUATION FOR ASSESSMENT OF THE PROPERTY |
---|
987 | | - | TO BE ONE THOUSAND DOLLARS |
---|
988 | | - | ; |
---|
| 1318 | + | HE ADDRESS AND SCHEDULE OR PARCEL NUMBER OF THE18 |
---|
| 1319 | + | PROPERTY;19 |
---|
| 1320 | + | (C) T |
---|
| 1321 | + | HE NAME AND SOCIAL SECURITY NUMBER OF THE APPLICANT 'S20 |
---|
| 1322 | + | SPOUSE OR CIVIL UNION PARTNER WHO OCCUPIES THE PROPERTY AS THE21 |
---|
| 1323 | + | SPOUSE OR CIVIL UNION PARTNER'S PRIMARY RESIDENCE;22 |
---|
| 1324 | + | (D) I |
---|
| 1325 | + | F A TRUST IS THE OWNER OF RECORD OF THE PROPERTY , THE23 |
---|
| 1326 | + | NAMES OF THE MAKER OF THE TRUST , THE TRUSTEE, AND THE24 |
---|
| 1327 | + | BENEFICIARIES OF THE TRUST;25 |
---|
| 1328 | + | (E) I |
---|
| 1329 | + | F A CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY IS THE26 |
---|
| 1330 | + | OWNER OF RECORD OF THE PROPERTY , THE NAMES OF THE PRINCIPALS OR27 |
---|
| 1331 | + | 303 |
---|
| 1332 | + | -37- THE CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY ;1 |
---|
| 1333 | + | (F) A |
---|
| 1334 | + | STATEMENT OF WHETHER THE APPLICANT PREVIOUSLY2 |
---|
| 1335 | + | QUALIFIED FOR THE PROPERTY TAX EXEMPTION FOR QUALIFYING SENIORS3 |
---|
| 1336 | + | ALLOWED BY SECTION 39-3-203 (1) FOR A DIFFERENT PROPERTY THAN THE4 |
---|
| 1337 | + | PROPERTY THAT THE APPLICANT CURRENTLY OCCUPIES AS THE5 |
---|
| 1338 | + | APPLICANT'S PRIMARY RESIDENCE;6 |
---|
| 1339 | + | (G) A |
---|
| 1340 | + | N AFFIRMATION, IN A FORM PRESCRIBED BY THE7 |
---|
| 1341 | + | ADMINISTRATOR, THAT THE APPLICANT BELIEVES, UNDER PENALTY OF8 |
---|
| 1342 | + | PERJURY IN THE SECOND DEGREE AS DEFINED IN SECTION 18-8-503, THAT9 |
---|
| 1343 | + | ALL INFORMATION PROVIDED BY THE APPLICANT IS CORRECT ; AND10 |
---|
| 1344 | + | (H) A |
---|
| 1345 | + | NY OTHER INFORMATION THAT THE ADMINISTRATOR11 |
---|
| 1346 | + | REASONABLY DEEMS NECESSARY .12 |
---|
| 1347 | + | (II) T |
---|
| 1348 | + | HE ADMINISTRATOR SHALL ALSO INCLUDE IN THE13 |
---|
| 1349 | + | APPLICATION A STATEMENT THAT AN APPLICANT , OR, IF APPLICABLE, THE14 |
---|
| 1350 | + | TRUSTEE, HAS A LEGAL OBLIGATION TO INFORM THE ASSESSOR WITHIN15 |
---|
| 1351 | + | SIXTY DAYS OF ANY CHANGE IN THE OWNERSHIP OR OCCUPANCY OF THE16 |
---|
| 1352 | + | RESIDENTIAL REAL PROPERTY FOR WHICH CLASSIFICATION AS PRIMARY17 |
---|
| 1353 | + | RESIDENCE REAL PROPERTY OR AS QUALIFIED-SENIOR PRIMARY RESIDENCE18 |
---|
| 1354 | + | REAL PROPERTY HAS BEEN APPLIED FOR OR ALLOWED THAT WOULD19 |
---|
| 1355 | + | PREVENT THE CLASSIFICATION FROM BEING ALLOWED FOR THE PROPERTY . 20 |
---|
| 1356 | + | (c) F |
---|
| 1357 | + | OR PURPOSES OF THE APPLICATION AND RELATED PROVISIONS21 |
---|
| 1358 | + | IN THIS SECTION, REAL PROPERTY THAT IS MULTI -FAMILY PRIMARY22 |
---|
| 1359 | + | RESIDENCE REAL PROPERTY IS TREATED AS PRIMARY RESIDENCE REAL23 |
---|
| 1360 | + | PROPERTY AND MULTI -FAMILY QUALIFIED-SENIOR PRIMARY REAL24 |
---|
| 1361 | + | RESIDENCE IS TREATED AS QUALIFIED-SENIOR PRIMARY RESIDENCE REAL25 |
---|
| 1362 | + | PROPERTY. 26 |
---|
| 1363 | + | (4) Penalties. (a) I |
---|
| 1364 | + | N ADDITION TO ANY PENALTIES PRESCRIBED BY27 |
---|
| 1365 | + | 303 |
---|
| 1366 | + | -38- LAW FOR PERJURY IN THE SECOND DEGREE , AN APPLICANT WHO1 |
---|
| 1367 | + | KNOWINGLY PROVIDES FALSE INFORMATION ON AN APPLICATION OR2 |
---|
| 1368 | + | ATTEMPTS TO CLAIM MORE THAN ONE PROPERTY AS PRIMARY RESIDENCE3 |
---|
| 1369 | + | REAL PROPERTY OR QUALIFIED -SENIOR PRIMARY RESIDENCE REAL4 |
---|
| 1370 | + | PROPERTY FOR THE SAME PROPERTY TAX YEAR SHALL :5 |
---|
| 1371 | + | (I) N |
---|
| 1372 | + | OT BE ABLE TO CLAIM THE PROPERTY AS PRIMARY RESIDENCE6 |
---|
| 1373 | + | REAL PROPERTY OR QUALIFIED -SENIOR PRIMARY RESIDENCE REAL7 |
---|
| 1374 | + | PROPERTY FOR THE PROPERTY TAX YEAR ;8 |
---|
| 1375 | + | (II) P |
---|
| 1376 | + | AY, TO THE TREASURER OF A COUNTY IN WHICH PROPERTY9 |
---|
| 1377 | + | WAS IMPROPERLY CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY OR10 |
---|
| 1378 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY DUE TO THE11 |
---|
| 1379 | + | PROVISION BY THE APPLICANT OF FALSE INFORMATION OR THE FILING OF12 |
---|
| 1380 | + | MORE THAN ONE APPLICATION , AN AMOUNT EQUAL TO THE AMOUNT OF13 |
---|
| 1381 | + | PROPERTY TAXES NOT PAID AS A RESULT OF THE IMPROPER CLASSIFICATION14 |
---|
| 1382 | + | AS PRIMARY RESIDENCE REAL PROPERTY OR QUALIFIED -SENIOR PRIMARY15 |
---|
| 1383 | + | RESIDENCE REAL PROPERTY; AND16 |
---|
| 1384 | + | (III) U |
---|
| 1385 | + | PON CONVICTION OF PERJURY, BE REQUIRED TO PAY TO THE17 |
---|
| 1386 | + | TREASURER OF ANY COUNTY IN WHICH AN INVALID APPLICATION WAS18 |
---|
| 1387 | + | FILED AN ADDITIONAL AMOUNT E QUAL TO TWICE THE AMOUNT OF THE19 |
---|
| 1388 | + | PROPERTY TAXES IDENTIFIED IN SUBSECTION (4)(a)(II) OF THIS SECTION20 |
---|
| 1389 | + | PLUS INTEREST, CALCULATED AT THE ANNUAL RATE CALCULATED21 |
---|
| 1390 | + | PURSUANT TO SECTION 39-21-110.5 FROM THE DATE THE INVALID22 |
---|
| 1391 | + | APPLICATION WAS FILED UNTIL THE DATE THE APPLICANT MAKES THE23 |
---|
| 1392 | + | PAYMENT REQUIRED BY THIS SUBSECTION (4)(a)(III).24 |
---|
| 1393 | + | (b) I |
---|
| 1394 | + | F AN APPLICANT OR A TRUSTEE FAILS TO INFORM THE25 |
---|
| 1395 | + | ASSESSOR WITHIN SIXTY DAYS OF ANY CHANGE IN THE OWNERSHIP OR26 |
---|
| 1396 | + | OCCUPANCY OF RESIDENTIAL REAL PROPERTY FOR CLASSIFICATION AS A27 |
---|
| 1397 | + | 303 |
---|
| 1398 | + | -39- PRIMARY RESIDENCE REAL PROPERTY OR A QUALIFIED -SENIOR PRIMARY1 |
---|
| 1399 | + | RESIDENCE REAL PROPERTY THAT HAS BEEN APPLIED FOR OR ALLOWED2 |
---|
| 1400 | + | THAT WOULD PREVENT THE CLASSIFICATION FROM BEING ALLOWED FOR3 |
---|
| 1401 | + | THE PROPERTY AS REQUIRED BY SUBSECTION (3)(b) OF THIS SECTION:4 |
---|
| 1402 | + | (I) T |
---|
| 1403 | + | HE CLASSIFICATION IS NOT ALLOWED WITH RESPECT TO THE5 |
---|
| 1404 | + | RESIDENTIAL REAL PROPERTY FOR THE SUBSEQUENT PROPERTY TAX YEAR ;6 |
---|
| 1405 | + | AND7 |
---|
| 1406 | + | (II) T |
---|
| 1407 | + | HE APPLICANT OR TRUSTEE SHALL PAY , TO THE TREASURER8 |
---|
| 1408 | + | OF ANY COUNTY IN WHICH THE CLASSIFICATION WAS IMPROPERLY9 |
---|
| 1409 | + | ALLOWED DUE TO THE APPLICANT 'S OR TRUSTEE'S FAILURE TO10 |
---|
| 1410 | + | IMMEDIATELY INFORM THE ASSESSOR OF ANY CHANGE IN THE OWNERSHIP11 |
---|
| 1411 | + | OR OCCUPANCY OF RESIDENTIAL REAL PROPERTY , AN AMOUNT EQUAL TO12 |
---|
| 1412 | + | THE AMOUNT OF PROPERTY TAXES NOT PAID AS A RESULT OF THE13 |
---|
| 1413 | + | IMPROPER CLASSIFICATION AS PRIMARY RESIDENCE REAL PROPERTY OR14 |
---|
| 1414 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY PLUS INTEREST ,15 |
---|
| 1415 | + | CALCULATED AT THE ANNUAL RATE SPECIFIED IN SECTION 39-21-110.516 |
---|
| 1416 | + | FROM THE DATE ON WHICH THE CHANGE IN THE OWNERSHIP OR17 |
---|
| 1417 | + | OCCUPANCY OCCURRED UNTIL THE DATE THE APPLICANT MAKES THE18 |
---|
| 1418 | + | PAYMENT REQUIRED BY THIS SUBSECTION (4)(b)(II).19 |
---|
| 1419 | + | (c) A |
---|
| 1420 | + | NY AMOUNT REQUIRED TO BE PAID TO A TREASURER20 |
---|
| 1421 | + | PURSUANT TO SUBSECTION (4)(a) OR (4)(b) OF THIS SECTION IS DEEMED21 |
---|
| 1422 | + | PART OF THE LIEN OF GENERAL TAXES IMPOSED ON THE PERSON REQUIRED22 |
---|
| 1423 | + | TO PAY THE AMOUNT AND HAS THE PRIORITY SPECIFIED IN SECTION23 |
---|
| 1424 | + | 39-1-107 |
---|
| 1425 | + | (2).24 |
---|
| 1426 | + | (5) Confidentiality. (a) C |
---|
| 1427 | + | OMPLETED APPLICATIONS FOR25 |
---|
| 1428 | + | CLASSIFICATION AS PRIMARY RESIDENCE REAL PROPERTY OR AS26 |
---|
| 1429 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY ARE27 |
---|
| 1430 | + | 303 |
---|
| 1431 | + | -40- CONFIDENTIAL; EXCEPT THAT:1 |
---|
| 1432 | + | (I) (A) A |
---|
| 1433 | + | N ASSESSOR OR THE ADMINISTRATOR MAY RELEASE2 |
---|
| 1434 | + | STATISTICAL COMPILATIONS OR INFORMATIONAL SUMMARIES OF ANY3 |
---|
| 1435 | + | INFORMATION CONTAINED IN THE APPLICATIONS AND SHALL PROVIDE A4 |
---|
| 1436 | + | COPY OF AN APPLICATION TO THE APPLICANT WHO RETURNED THE5 |
---|
| 1437 | + | APPLICATION AND THE TREASURER OF THE SAME COUNTY AS THE6 |
---|
| 1438 | + | ASSESSOR;7 |
---|
| 1439 | + | (B) A |
---|
| 1440 | + | N ASSESSOR OR THE ADMINISTRATOR MAY INTRODUCE A8 |
---|
| 1441 | + | COPY OF AN APPLICATION AS EVIDENCE IN ANY ADMINISTRATIVE HEARING9 |
---|
| 1442 | + | OR LEGAL PROCEEDING IN WHICH THE ACCURACY OR VERACITY OF THE10 |
---|
| 1443 | + | APPLICATION IS AT ISSUE SO LONG AS NEITHER THE APPLICANT 'S SOCIAL11 |
---|
| 1444 | + | SECURITY NUMBER NOR ANY OTHER SOCIAL SECURITY NUMBER SET FORTH12 |
---|
| 1445 | + | IN THE APPLICATION ARE DIVULGED.13 |
---|
| 1446 | + | (II) A |
---|
| 1447 | + | TREASURER SHALL KEEP CONFIDENTIAL EACH INDIVIDUAL14 |
---|
| 1448 | + | APPLICATION RECEIVED FROM AN ASSESSOR BUT MAY RELEASE15 |
---|
| 1449 | + | STATISTICAL COMPILATIONS OR INFORMATIONAL SUMMARIES OF ANY16 |
---|
| 1450 | + | INFORMATION CONTAINED IN APPLICATIONS AND MAY INTRODUCE A COPY17 |
---|
| 1451 | + | OF AN APPLICATION AS EVIDENCE IN ANY ADMINISTRATIVE HEARING OR18 |
---|
| 1452 | + | LEGAL PROCEEDING IN WHICH THE ACCURACY OR VERACITY OF THE19 |
---|
| 1453 | + | APPLICATION IS AT ISSUE SO LONG AS NEITHER THE APPLICANT 'S SOCIAL20 |
---|
| 1454 | + | SECURITY NUMBER NOR ANY OTHER SOCIAL SECURITY NUMBER SET FORTH21 |
---|
| 1455 | + | IN THE APPLICATION IS DIVULGED.22 |
---|
| 1456 | + | (III) T |
---|
| 1457 | + | HE ADMINISTRATOR MAY SHARE INFORMATION CONTAINED23 |
---|
| 1458 | + | IN AN APPLICATION, INCLUDING ANY SOCIAL SECURITY NUMBER SET FORTH24 |
---|
| 1459 | + | IN THE APPLICATION, WITH THE DEPARTMENT OF REVENUE TO THE EXTENT25 |
---|
| 1460 | + | NECESSARY TO ENABLE THE ADMINISTRATOR TO VERIFY THAT THE26 |
---|
| 1461 | + | APPLICANT SATISFIES LEGAL REQUIREMENTS FOR THE CLASSIFICATION .27 |
---|
| 1462 | + | 303 |
---|
| 1463 | + | -41- (b) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a) OF1 |
---|
| 1464 | + | THIS SECTION, THE ADMINISTRATOR, AN ASSESSOR, OR A TREASURER2 |
---|
| 1465 | + | SHALL NOT GIVE ANY OTHER PERSON ANY LISTING OF APPLICANTS OR ANY3 |
---|
| 1466 | + | OTHER INFORMATION THAT WOULD ENABLE A PERSON TO EASILY4 |
---|
| 1467 | + | ASSEMBLE A MAILING LIST OF APPLICANTS FOR THE PRIMARY RESIDENCE5 |
---|
| 1468 | + | REAL PROPERTY CLASSIFICATION OR QUALIFIED -SENIOR PRIMARY6 |
---|
| 1469 | + | RESIDENCE REAL PROPERTY CLASSIFICATION .7 |
---|
| 1470 | + | (c) I |
---|
| 1471 | + | N ACCORDANCE WITH SECTION 25-2-103 (4.7), THE8 |
---|
| 1472 | + | ADMINISTRATOR SHALL ANNUALLY PROVIDE TO THE STATE REGISTRAR OF9 |
---|
| 1473 | + | VITAL STATISTICS OF THE DEPARTMENT OF PUBLIC HEALTH AND10 |
---|
| 1474 | + | ENVIRONMENT A LIST, BY NAME AND SOCIAL SECURITY NUMBER, OF EVERY11 |
---|
| 1475 | + | INDIVIDUAL WHO HAD PROPERTY CLASSIFIED AS PRIMARY RESIDENCE REAL12 |
---|
| 1476 | + | PROPERTY OR QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY FOR13 |
---|
| 1477 | + | THE IMMEDIATELY PRECEDING YEAR SO THAT THE REGISTRAR CAN14 |
---|
| 1478 | + | PROVIDE TO THE ADMINISTRATOR A LIST OF ALL THE INDIVIDUALS ON THE15 |
---|
| 1479 | + | LIST WHO HAVE DIED. NO LATER THAN APRIL 1, 2026, AND APRIL 1 OF16 |
---|
| 1480 | + | EACH YEAR THEREAFTER, THE ADMINISTRATOR SHALL FORWARD TO THE17 |
---|
| 1481 | + | ASSESSOR OF EACH COUNTY THE NAME AND SOCIAL SECURITY NUMBER OF18 |
---|
| 1482 | + | EACH DECEASED INDIVIDUAL WHO HAD RESIDENTIAL REAL PROPERTY19 |
---|
| 1483 | + | LOCATED WITHIN THE COUNTY THAT WAS SO CLASSIFIED FOR THE20 |
---|
| 1484 | + | IMMEDIATELY PRECEDING YEAR , SO THAT THE ASSESSOR CAN CHANGE THE21 |
---|
| 1485 | + | CLASSIFICATION OF THE PROPERTY, IF NECESSARY.22 |
---|
| 1486 | + | (6) Notice. (a) A |
---|
| 1487 | + | S SOON AS PRACTICABLE AFTER JANUARY 1,23 |
---|
| 1488 | + | 2025, |
---|
| 1489 | + | AND AFTER JANUARY 1 OF EACH YEAR THEREAFTER, EACH COUNTY24 |
---|
| 1490 | + | TREASURER SHALL, AT THE TREASURER 'S DISCRETION, MAIL OR25 |
---|
| 1491 | + | ELECTRONICALLY SEND TO EACH PERSON WHOSE NAME APPEARS ON THE26 |
---|
| 1492 | + | TAX LIST AND WARRANT AS AN OWNER OF RESIDENTIAL REAL PROPERTY27 |
---|
| 1493 | + | 303 |
---|
| 1494 | + | -42- NOTICE OF THE PRIMARY RESIDENCE REAL PROPERTY AND THE1 |
---|
| 1495 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY CLASSIFICATIONS .2 |
---|
| 1496 | + | T |
---|
| 1497 | + | HE TREASURER SHALL MAIL OR ELECTRONICALLY SEND THE NOTICE EACH3 |
---|
| 1498 | + | YEAR ON OR BEFORE THE DATE ON WHICH THE TREASURER MAILS THE4 |
---|
| 1499 | + | PROPERTY TAX STATEMENT FOR THE PREVIOUS PROPERTY TAX YEAR5 |
---|
| 1500 | + | PURSUANT TO SECTION 39-10-103. THE ADMINISTRATOR SHALL PRESCRIBE6 |
---|
| 1501 | + | THE FORM OF THE NOTICE, WHICH MUST INCLUDE A STATEMENT OF THE7 |
---|
| 1502 | + | ELIGIBILITY CRITERIA FOR THE PRIMARY RESIDENCE REAL PROPERTY AND8 |
---|
| 1503 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY CLASSIFICATIONS9 |
---|
| 1504 | + | AND INSTRUCTIONS FOR OBTAINING A RELATED APPLICATION .10 |
---|
990 | | - | HE VALUATION FOR ASSESSMENT FOR QUALIFIED -SENIOR |
---|
991 | | - | PRIMARY RESIDENCE REAL PROPERTY |
---|
992 | | - | , INCLUDING MULTI -FAMILY |
---|
993 | | - | QUALIFIED |
---|
994 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY , IS 6.7 PERCENT OF |
---|
995 | | - | THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY MINUS THE |
---|
996 | | - | LESSER OF ONE HUNDRED FORTY THOUS AND DOLLARS OR THE AMOUNT THAT |
---|
997 | | - | CAUSES THE VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE |
---|
998 | | - | THOUSAND DOLLARS |
---|
999 | | - | ; AND |
---|
1000 | | - | PAGE 20-SENATE BILL 23-303 (C) THE VALUATION FOR ASSESSMENT FOR ALL RESIDENTIAL REAL |
---|
1001 | | - | PROPERTY THAT IS NOT SPECIFIED IN SUBSECTION |
---|
1002 | | - | (3)(q)(III), (3)(r)(IV)(A), |
---|
1003 | | - | OR (3)(r)(IV)(B) OF THIS SECTION IS 6.7 PERCENT OF THE ACTUAL VALUE |
---|
1004 | | - | THEREOF |
---|
1005 | | - | . |
---|
1006 | | - | (3.5) (a) T |
---|
1007 | | - | HE TEMPORARY REDUCTIONS IN THE VALUATIONS FOR |
---|
1008 | | - | ASSESSMENT SET FORTH IN SUBSECTION |
---|
1009 | | - | (3) OF THIS SECTION MADE IN |
---|
1010 | | - | SENATE BILL 23-303 ARE CONTINGENT ON THE STATE 'S AUTHORITY TO |
---|
1011 | | - | RETAIN AND SPEND STATE SURPLUS UP TO THE PROPOSITION |
---|
1012 | | - | HH CAP UNDER |
---|
1013 | | - | PART |
---|
1014 | | - | 2 OF ARTICLE 77 OF TITLE 24. NOTWITHSTANDING ANY PROVISION OF |
---|
1015 | | - | SUBSECTION |
---|
1016 | | - | (3) OF THIS SECTION TO THE CONTRARY, IF, FOR A FISCAL YEAR |
---|
1017 | | - | COMMENCING ON OR AFTER |
---|
1018 | | - | JULY 1, 2023, THE STATE IS NOT PERMITTED TO |
---|
1019 | | - | RETAIN AND SPEND STATE SURPLUS UP TO THE PROPOSITION |
---|
1020 | | - | HH CAP FOR THE |
---|
1021 | | - | FISCAL YEAR FOR ANY REASON |
---|
1022 | | - | , EXCLUDING A LEGISLATIVE ENACTMENT BY |
---|
1023 | | - | THE GENERAL ASSEMBLY |
---|
1024 | | - | , THEN FOR THE PROPERTY TAX YEAR THAT BEGINS |
---|
1025 | | - | DURING THE FISCAL YEAR AND ALL PROPERTY TAX YEARS THEREAFTER |
---|
1026 | | - | , THE |
---|
1027 | | - | TEMPORARY REDUCTIONS IN THE VALUATION FOR ASSESSMENT SET FORTH |
---|
1028 | | - | IN SUBSECTION |
---|
1029 | | - | (3) OF THIS SECTION MADE IN SENATE BILL 23-303 DO NOT |
---|
1030 | | - | APPLY |
---|
1031 | | - | . |
---|
1032 | | - | (b) T |
---|
1033 | | - | HE STATE CONTROLLER SHALL NOTIFY THE ADMINISTRATOR IF |
---|
1034 | | - | SUBSECTION |
---|
1035 | | - | (3.5)(a) OF THIS SECTION APPLIES, AND THE ADMINISTRATOR |
---|
1036 | | - | SHALL PUBLISH NOTICE ON THE WEBSITE MAINTAINED BY THE DIVISION OF |
---|
1037 | | - | PROPERTY TAXATION IN THE DEPARTMENT OF LOCAL AFFAIRS THAT THE |
---|
1038 | | - | APPLICABLE TEMPORARY REDUCTIONS SET FORTH IN SUBSECTION |
---|
1039 | | - | (3) OF THIS |
---|
1040 | | - | SECTION MADE IN |
---|
1041 | | - | SENATE BILL 23-303 DO NOT APPLY. |
---|
1042 | | - | (3.7) (a) T |
---|
1043 | | - | HE ADMINISTRATOR SHALL CONVENE A WORKING GROUP |
---|
1044 | | - | WITH REPRESENTATIVES |
---|
1045 | | - | , INCLUDING ASSESSORS AND ELECTED COUNTY |
---|
1046 | | - | OFFICIALS FROM SMALL |
---|
1047 | | - | -, MEDIUM-, AND LARGE-SIZED COUNTIES AND A |
---|
1048 | | - | REPRESENTATIVE OF A STATEWIDE ORGANIZATION OF REAL ESTATE |
---|
1049 | | - | PROFESSIONALS |
---|
1050 | | - | , TO MAKE RECOMMENDATIONS ABOUT WAYS TO STREAMLINE |
---|
1051 | | - | AND IMPROVE THE DESIGNATION OF THE PRIMARY RESIDENCE REAL |
---|
1052 | | - | PROPERTY IN THE EVENT THAT VOTERS APPROVE THE BALLOT ISSUE |
---|
1053 | | - | REFERRED IN ACCORDANCE WITH SECTION |
---|
1054 | | - | 24-77-202. IN FORMULATING ITS |
---|
1055 | | - | RECOMMENDATIONS |
---|
1056 | | - | , THE WORKING GROUP SHALL CONSIDER INFORMATION |
---|
1057 | | - | TECHNOLOGY NEEDS AND ADMINISTRATIVE IMPACTS |
---|
1058 | | - | . ON OR BEFORE |
---|
1059 | | - | JANUARY 1, 2024, THE WORKING GROUP SHALL PROVIDE A REPORT OF ITS |
---|
1060 | | - | RECOMMENDATIONS TO THE SENATE LOCAL GOVERNMENT AND HOUSING |
---|
1061 | | - | COMMITTEE |
---|
1062 | | - | , AND THE HOUSE OF REPRESENTATIVES TRANSPORTATION , |
---|
1063 | | - | PAGE 21-SENATE BILL 23-303 HOUSING, AND LOCAL GOVERNMENT COMMITTEE ; EXCEPT THAT NO REPORT |
---|
1064 | | - | IS DUE IF THE BALLOT ISSUE DOES NOT PASS |
---|
1065 | | - | . |
---|
1066 | | - | (b) T |
---|
1067 | | - | HIS SUBSECTION (3.7) IS REPEALED, EFFECTIVE JULY 1, 2024. |
---|
1068 | | - | SECTION 10. In Colorado Revised Statutes, repeal 39-1-104.3 and |
---|
1069 | | - | 39-1-104.4 as follows: |
---|
1070 | | - | 39-1-104.3. Partial real property tax reductions - residential |
---|
1071 | | - | property - definitions - repeal. (1) As used in this section, unless the |
---|
1072 | | - | context otherwise requires, "residential real property" means property listed |
---|
1073 | | - | by the assessor under any residential real property classification code. |
---|
1074 | | - | (2) For the property tax year commencing on January 1, 2023,the |
---|
1075 | | - | valuation for assessment for residential real property is six and seven |
---|
1076 | | - | hundred sixty-five thousandths percent, as set forth in section 39-1-104.2 |
---|
1077 | | - | (3)(q)(II) and (3)(r)(II), of the amount equal to the actual value, determined |
---|
1078 | | - | pursuant to section 39-1-103, minus the lesser of fifteen thousand dollars |
---|
1079 | | - | or the amount that reduces the valuation for assessment to one thousand |
---|
1080 | | - | dollars. |
---|
1081 | | - | (3) This adjustment does not apply to any other class of property. |
---|
1082 | | - | (4) This section is repealed, effective July 1, 2025. |
---|
1083 | | - | 39-1-104.4. Adjustment of residential rate. (1) The ratio of |
---|
1084 | | - | valuation for assessment for residential real property other than multi-family |
---|
1085 | | - | residential real property for the property tax year commencing on January |
---|
1086 | | - | 1, 2024, is equal to the percentage necessary for the following to equal a |
---|
1087 | | - | total of seven hundred million dollars: |
---|
1088 | | - | (a) The aggregate reduction of local government property tax |
---|
1089 | | - | revenue during the property tax year commencing on January 1, 2023, as a |
---|
1090 | | - | result of the changes made in Senate Bill 22-238, enacted in 2022, that |
---|
1091 | | - | reduced valuations for assessment set forth pursuant to sections 39-1-104 |
---|
1092 | | - | (1)(b) and (1.8)(b), 39-1-104.2 (3)(q)(II) and (3)(r)(II), and 39-3-104.3 (2); |
---|
1093 | | - | and |
---|
1094 | | - | (b) The aggregate reduction of local government property tax |
---|
1095 | | - | revenue during the property tax year commencing on January 1, 2024, as a |
---|
1096 | | - | PAGE 22-SENATE BILL 23-303 result of the reduced valuations for assessment set forth pursuant to sections |
---|
1097 | | - | 39-1-104 (1.8)(a) and 39-1-104.2 (3)(q)(I) and (3)(r)(III) for the property |
---|
1098 | | - | tax year commencing on January 1, 2024. |
---|
1099 | | - | (2) On or before March 21, 2024, based on the information available |
---|
1100 | | - | on that date, the property tax administrator shall submit a report to the |
---|
1101 | | - | general assembly calculating the ratio of valuation for assessment specified |
---|
1102 | | - | in subsection (1) of this section. |
---|
1103 | | - | SECTION 11. In Colorado Revised Statutes, add 39-1-104.6 and |
---|
1104 | | - | 39-1-104.7 as follows: |
---|
1105 | | - | 39-1-104.6. Primary residence real property. (1) Definitions. A |
---|
1106 | | - | S |
---|
1107 | | - | USED IN THIS SECTION |
---|
1108 | | - | , UNLESS THE CONTEXT OTHERWISE REQUIRES : |
---|
1109 | | - | (a) (I) "O |
---|
1110 | | - | WNER-OCCUPIER" MEANS AN INDIVIDUAL WHO: |
---|
1111 | | - | (A) I |
---|
1112 | | - | S AN OWNER OF RECORD OF RESIDENTIAL REAL PROPERTY THAT |
---|
1113 | | - | THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL |
---|
1114 | | - | 'S PRIMARY RESIDENCE; |
---|
1115 | | - | (B) I |
---|
1116 | | - | S NOT AN OWNER OF RECORD OF THE RESIDENTIAL REAL |
---|
1117 | | - | PROPERTY THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL |
---|
1118 | | - | 'S PRIMARY |
---|
1119 | | - | RESIDENCE |
---|
1120 | | - | , BUT EITHER IS A SPOUSE OR CIVIL UNION PARTNER OF AN OWNER |
---|
1121 | | - | OF RECORD OF THE RESIDENTIAL REAL PROPERTY AND WHO ALSO OCCUPIES |
---|
1122 | | - | THE RESIDENTIAL REAL PROPERTY AS THE OWNER OF RECORD |
---|
1123 | | - | 'S PRIMARY |
---|
1124 | | - | RESIDENCE |
---|
1125 | | - | , OR IS THE SURVIVING SPOUSE OR PARTNER OF AN INDIVIDUAL |
---|
1126 | | - | WHO WAS AN OWNER OF RECORD OF THE RESIDENTIAL REAL PROPERTY AND |
---|
1127 | | - | WHO OCCUPIED THE RESIDENTIAL REAL PROPERTY WITH THE SURVIVING |
---|
1128 | | - | SPOUSE OR PARTNER AS THEIR PRIMARY RESIDENCE UNTIL THE OWNER OF |
---|
1129 | | - | RECORD |
---|
1130 | | - | 'S DEATH; OR |
---|
1131 | | - | (C) IS NOT AN OWNER OF RECORD OF THE RESIDENTIAL REAL |
---|
1132 | | - | PROPERTY THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL |
---|
1133 | | - | 'S PRIMARY |
---|
1134 | | - | RESIDENCE |
---|
1135 | | - | , ONLY BECAUSE THE PROPERTY HAS BEEN PURCHASED BY OR |
---|
1136 | | - | TRANSFERRED TO A TRUST |
---|
1137 | | - | , A CORPORATE PARTNERSHIP , OR ANY OTHER |
---|
1138 | | - | LEGAL ENTITY SOLELY FOR ESTATE PLANNING PURPOSES AND IS THE MAKER |
---|
1139 | | - | OF THE TRUST OR A PRINCIPAL OF THE CORPORATE PARTNERSHIP OR OTHER |
---|
1140 | | - | LEGAL ENTITY |
---|
1141 | | - | ; |
---|
1142 | | - | (D) O |
---|
1143 | | - | CCUPIES RESIDENTIAL REAL PROPERTY AS THE INDIVIDUAL 'S |
---|
1144 | | - | PAGE 23-SENATE BILL 23-303 PRIMARY RESIDENCE AND IS THE SPOUSE OR CIVIL UNION PARTNER OF A |
---|
1145 | | - | PERSON WHO ALSO OCCUPIES THE RESIDENTIAL REAL PROPERTY |
---|
1146 | | - | , WHO IS NOT |
---|
1147 | | - | THE OWNER OF RECORD OF THE PROPERTY ONLY BECAUSE THE PROPERTY |
---|
1148 | | - | HAS BEEN PURCHASED BY OR TRANSFERRED TO A TRUST |
---|
1149 | | - | , A CORPORATE |
---|
1150 | | - | PARTNERSHIP |
---|
1151 | | - | , OR ANY OTHER LEGAL ENTITY SOLELY FOR ESTATE PLANNING |
---|
1152 | | - | PURPOSES |
---|
1153 | | - | , AND WHO IS THE MAKER OF THE TRUST OR A PRINCIPAL OF THE |
---|
1154 | | - | CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY |
---|
1155 | | - | ; OR |
---|
1156 | | - | (E) OCCUPIES RESIDENTIAL REAL PROPERTY AS THE INDIVIDUAL 'S |
---|
1157 | | - | PRIMARY RESIDENCE AND IS THE SURVIVING SPOUSE OR PARTNER OF A |
---|
1158 | | - | PERSON WHO OCCUPIED THE RESIDENTIAL REAL PROPERTY WITH THE |
---|
1159 | | - | SURVIVING SPOUSE OR PARTNER UNTIL THE PERSON |
---|
1160 | | - | 'S DEATH, WHO WAS NOT |
---|
1161 | | - | THE OWNER OF RECORD OF THE PROPERTY AT THE TIME OF THE PERSON |
---|
1162 | | - | 'S |
---|
1163 | | - | DEATH ONLY BECAUSE THE PROPERTY HAD BEEN PURCHASED BY OR |
---|
1164 | | - | TRANSFERRED TO A TRUST |
---|
1165 | | - | , A CORPORATE PARTNERSHIP , OR ANY OTHER |
---|
1166 | | - | LEGAL ENTITY SOLELY FOR ESTATE PLANNING PURPOSES PRIOR TO THE |
---|
1167 | | - | PERSON |
---|
1168 | | - | 'S DEATH, AND WHO WAS THE MAKER OF THE TRUST OR A PRINCIPAL |
---|
1169 | | - | OF THE CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY PRIOR TO THE |
---|
1170 | | - | PERSON |
---|
1171 | | - | 'S DEATH. |
---|
1172 | | - | (II) "O |
---|
1173 | | - | WNER-OCCUPIER" ALSO INCLUDES ANY INDIVIDUAL WHO, BUT |
---|
1174 | | - | FOR THE CONFINEMENT OF THE INDIVIDUAL TO A HOSPITAL |
---|
1175 | | - | , NURSING HOME, |
---|
1176 | | - | OR ASSISTED LIVING FACILITY, WOULD OCCUPY THE RESIDENTIAL REAL |
---|
1177 | | - | PROPERTY AS THE INDIVIDUAL |
---|
1178 | | - | 'S PRIMARY RESIDENCE AND WOULD MEET ONE |
---|
1179 | | - | OR MORE OF THE OWNERSHIP CRITERIA SPECIFIED IN SUBSECTION |
---|
1180 | | - | (1)(a)(I) OF |
---|
1181 | | - | THIS SECTION |
---|
1182 | | - | , IF THE RESIDENTIAL REAL PROPERTY: |
---|
1183 | | - | (A) I |
---|
1184 | | - | S TEMPORARILY UNOCCUPIED ; OR |
---|
1185 | | - | (B) IS OCCUPIED BY THE SPOUSE , CIVIL UNION PARTNER, OR A |
---|
1186 | | - | FINANCIAL DEPENDENT OF THE INDIVIDUAL |
---|
1187 | | - | . |
---|
1188 | | - | (b) "O |
---|
1189 | | - | WNER OF RECORD" MEANS AN INDIVIDUAL WHOSE NAME |
---|
1190 | | - | APPEARS ON A VALID RECORDED DEED TO RESIDENTIAL REAL PROPERTY AS |
---|
1191 | | - | AN OWNER OF THE PROPERTY |
---|
1192 | | - | . |
---|
1193 | | - | (c) "Q |
---|
1194 | | - | UALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY " |
---|
1195 | | - | MEANS A PROPERTY THAT IS CLASSIFIED AS SUCH UNDER SECTION |
---|
1196 | | - | 39-1-104.7. |
---|
1197 | | - | PAGE 24-SENATE BILL 23-303 (d) "SURVIVING SPOUSE OR PARTNER" MEANS AN INDIVIDUAL WHO |
---|
1198 | | - | WAS LEGALLY MARRIED TO ANOTHER INDIVIDUAL |
---|
1199 | | - | , OR WAS A PARTNER IN A |
---|
1200 | | - | CIVIL UNION WITH ANOTHER INDIVIDUAL |
---|
1201 | | - | , AT THE TIME OF THE OTHER |
---|
1202 | | - | INDIVIDUAL |
---|
1203 | | - | 'S DEATH AND WHO HAS NOT REMARRIED OR ENTERED INTO |
---|
1204 | | - | ANOTHER CIVIL UNION |
---|
1205 | | - | . |
---|
1206 | | - | (2) Classification. (a) E |
---|
1207 | | - | XCEPT AS SET FORTH IN SECTION |
---|
1208 | | - | 39-1-104.7, FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER |
---|
1209 | | - | JANUARY 1, 2025, RESIDENTIAL REAL PROPERTY THAT AS OF THE |
---|
1210 | | - | ASSESSMENT DATE IS USED AS THE PRIMARY RESIDENCE OF AN |
---|
1211 | | - | OWNER |
---|
1212 | | - | -OCCUPIER IS CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY , |
---|
1213 | | - | WHICH IS A SUBCLASS OF RESIDENTIAL REAL PROPERTY , IF: |
---|
| 1506 | + | O REDUCE MAILING COSTS, AN ASSESSOR MAY COORDINATE11 |
---|
| 1507 | + | WITH THE TREASURER OF THE SAME COUNTY TO INCLUDE NOTICE WITH THE12 |
---|
| 1508 | + | TAX STATEMENT FOR THE PREVIOUS PROPERTY TAX YEAR MAILED13 |
---|
| 1509 | + | PURSUANT TO SECTION 39-10-103, OR MAY INCLUDE NOTICE WITH THE14 |
---|
| 1510 | + | NOTICE OF VALUATION MAILED PURSUANT TO SECTION 39-5-121 (1)(a).15 |
---|
| 1511 | + | (7) Notice of classification - appeal. (a) (I) E |
---|
| 1512 | + | XCEPT AS16 |
---|
| 1513 | + | OTHERWISE PROVIDED IN SUBSECTION (7)(b) OF THIS SECTION, AN17 |
---|
| 1514 | + | ASSESSOR SHALL ONLY CLASSIFY PROPERTY AS PRIMARY RESIDENCE REAL18 |
---|
| 1515 | + | PROPERTY OR QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY IF19 |
---|
| 1516 | + | AN APPLICANT HAS TIMELY RETURNED AN APPLICATION IN ACCORDANCE20 |
---|
| 1517 | + | WITH SUBSECTION (3) OF THIS SECTION THAT ESTABLISHES THAT EITHER21 |
---|
| 1518 | + | CLASSIFICATION IS APPROPRIATE.22 |
---|
| 1519 | + | (II) I |
---|
| 1520 | + | F THE INFORMATION PROVIDED ON OR WITH AN APPLICATION23 |
---|
| 1521 | + | INDICATES THAT THE APPLICANT IS NOT ENTITLED TO THE CLASSIFICATION ,24 |
---|
| 1522 | + | OR IS INSUFFICIENT TO ALLOW THE ASSESSOR TO DETERMINE WHETHER THE25 |
---|
| 1523 | + | PROPERTY MEETS THE CLASSIFICATION , THE ASSESSOR SHALL DENY THE26 |
---|
| 1524 | + | APPLICATION AND MAIL TO THE APPLICANT A STATEMENT PROVIDING THE27 |
---|
| 1525 | + | 303 |
---|
| 1526 | + | -43- REASONS FOR THE DENIAL AND INFORMING THE APPLICANT OF THE1 |
---|
| 1527 | + | APPLICANT'S RIGHT TO CONTEST THE DENIAL PURSUANT TO SUBSECTION2 |
---|
| 1528 | + | (7)(b) |
---|
| 1529 | + | OF THIS SECTION. THE ASSESSOR SHALL MAIL THE STATEMENT NO3 |
---|
| 1530 | + | LATER THAN AUGUST 1 OF THE PROPERTY TAX YEAR FOR WHICH THE4 |
---|
| 1531 | + | APPLICATION WAS FILED.5 |
---|
| 1532 | + | (b) (I) A |
---|
| 1533 | + | N APPLICANT WHOSE APPLICATION HAS BEEN DENIED MAY6 |
---|
| 1534 | + | CONTEST THE DENIAL BY REQUESTING A HEARING BEFORE THE COUNTY7 |
---|
| 1535 | + | COMMISSIONERS SITTING AS THE COUNTY BOARD OF EQUALIZATION NO8 |
---|
| 1536 | + | LATER THAN AUGUST 15 OF THE PROPERTY TAX YEAR FOR WHICH THE9 |
---|
| 1537 | + | APPLICATION WAS FILED. THE HEARING SHALL BE HELD ON OR AFTER10 |
---|
| 1538 | + | A |
---|
| 1539 | + | UGUST 1 AND NO LATER THAN SEPTEMBER 1 OF THE PROPERTY TAX YEAR11 |
---|
| 1540 | + | FOR WHICH THE APPLICATION WAS FILED , AND THE DECISION OF THE12 |
---|
| 1541 | + | COUNTY BOARD OF EQUALIZATION IS NOT SUBJECT TO FURTHER13 |
---|
| 1542 | + | ADMINISTRATIVE APPEAL BY EITHER THE APPLICANT OR THE ASSESSOR .14 |
---|
| 1543 | + | (II) A |
---|
| 1544 | + | N INDIVIDUAL WHO HAS NOT TIMELY FILED AN APPLICATION15 |
---|
| 1545 | + | WITH THE ASSESSOR BY MARCH 15 MAY FILE A LATE APPLICATION NO16 |
---|
| 1546 | + | LATER THAN THE JULY 15 THAT IMMEDIATELY FOLLOWS THAT DEADLINE .17 |
---|
| 1547 | + | T |
---|
| 1548 | + | HE ASSESSOR SHALL ACCEPT ANY SUCH APPLICATION BUT MAY NOT18 |
---|
| 1549 | + | ACCEPT ANY LATE APPLICATION FILED AFTER JULY 15. A DECISION OF AN19 |
---|
| 1550 | + | ASSESSOR TO DISALLOW THE FILING OF A LATE APPLICATION AFTER JULY20 |
---|
| 1551 | + | 15 |
---|
| 1552 | + | OR TO GRANT OR DENY THE CLASSIFICATION TO AN APPLICANT WHO HAS21 |
---|
| 1553 | + | FILED A LATE APPLICATION AFTER MARCH 15 BUT NO LATER THAN JULY 1522 |
---|
| 1554 | + | IS FINAL, AND AN APPLICANT WHO IS DENIED LATE FILING OR AN23 |
---|
| 1555 | + | EXEMPTION MAY NOT CONTEST THE DENIAL .24 |
---|
| 1556 | + | (III) T |
---|
| 1557 | + | HE COUNTY BOARD OF EQUALIZATION MAY APPOINT25 |
---|
| 1558 | + | INDEPENDENT REFEREES TO CONDUCT HEARINGS REQUESTED PURSUANT26 |
---|
| 1559 | + | TO SUBSECTION (7)(b)(I) OF THIS SECTION ON BEHALF OF THE COUNTY27 |
---|
| 1560 | + | 303 |
---|
| 1561 | + | -44- BOARD AND TO MAKE FINDINGS AND SUBMIT RECOMMENDATIONS TO THE1 |
---|
| 1562 | + | COUNTY BOARD FOR ITS FINAL ACTION .2 |
---|
| 1563 | + | (8) Reporting to administrator. (a) N |
---|
| 1564 | + | O LATER THAN SEPTEMBER3 |
---|
| 1565 | + | 10, |
---|
| 1566 | + | 2025, AND SEPTEMBER 10 OF EACH YEAR THEREAFTER , EACH4 |
---|
| 1567 | + | ASSESSOR SHALL FORWARD TO THE ADMINISTRATOR A REPORT ON THE5 |
---|
| 1568 | + | RESIDENTIAL REAL PROPERTY IN THE ASSESSOR'S COUNTY THAT QUALIFIES6 |
---|
| 1569 | + | AS PRIMARY RESIDENCE REAL PROPERTY OR QUALIFIED -SENIOR PRIMARY7 |
---|
| 1570 | + | RESIDENCE REAL PROPERTY FOR THE CURRENT PROPERTY TAX YEAR . FOR8 |
---|
| 1571 | + | EACH UNIT OF RESIDENTIAL REAL PROPERTY , THE REPORT MUST INCLUDE:9 |
---|
1215 | | - | HE OWNER-OCCUPIER COMPLETES AND FILES AN APPLICATION IN |
---|
1216 | | - | THE MANNER REQUIRED BY SUBSECTION |
---|
1217 | | - | (3) OF THIS SECTION; AND |
---|
1218 | | - | (II) THE CIRCUMSTANCES THAT QUALIFY THE PROPERTY FOR THE |
---|
1219 | | - | CLASSIFICATION HAVE NOT CHANGED SINCE THE FILING OF THE APPLICATION |
---|
1220 | | - | . |
---|
1221 | | - | (b) U |
---|
1222 | | - | NDER NO CIRCUMSTANCES IS THE CLASSIFICATION ALLOWED |
---|
1223 | | - | FOR PROPERTY TAXES ASSESSED DURING ANY PROPERTY TAX YEAR PRIOR TO |
---|
1224 | | - | THE YEAR IN WHICH AN OWNER |
---|
1225 | | - | -OCCUPIER FIRST FILES AN APPLICATION IN |
---|
1226 | | - | THE MANNER REQUIRED BY SUBSECTION |
---|
1227 | | - | (3) OF THIS SECTION. IF OWNERSHIP |
---|
1228 | | - | OF RESIDENTIAL REAL PROPERTY THAT QUALIFIED AS PRIMARY RESIDENCE |
---|
1229 | | - | REAL PROPERTY AS OF THE ASSESSMENT DATE CHANGES AFTER THE |
---|
1230 | | - | ASSESSMENT DATE |
---|
1231 | | - | , THE CLASSIFICATION IS ALLOWED ONLY IF AN |
---|
1232 | | - | OWNER |
---|
1233 | | - | -OCCUPIER WHOSE STATUS AS AN OWNER -OCCUPIER QUALIFIED THE |
---|
1234 | | - | PROPERTY FOR THE CLASSIFICATION HAS FILED AN APPLICATION BY THE |
---|
1235 | | - | DEADLINE SPECIFIED IN SUBSECTION |
---|
1236 | | - | (3)(a) OF THIS SECTION. |
---|
1237 | | - | (c) I |
---|
1238 | | - | F AN INDIVIDUAL OWNS AND OCCUPIES A DWELLING UNIT IN A |
---|
1239 | | - | COMMON INTEREST COMMUNITY |
---|
1240 | | - | , AS DEFINED IN SECTION 38-33.3-103 (8), AS |
---|
1241 | | - | THE INDIVIDUAL |
---|
1242 | | - | 'S PRIMARY RESIDENCE, ONLY THE DWELLING UNIT THAT THE |
---|
1243 | | - | INDIVIDUAL OCCUPIES AS THE INDIVIDUAL |
---|
1244 | | - | 'S PRIMARY RESIDENCE MAY |
---|
1245 | | - | QUALIFY AS PRIMARY RESIDENCE REAL PROPERTY OR QUALIFIED |
---|
1246 | | - | -SENIOR |
---|
1247 | | - | PRIMARY RESIDENCE REAL PROPERTY |
---|
1248 | | - | . |
---|
1249 | | - | (d) F |
---|
1250 | | - | OR PURPOSES OF THIS SUBSECTION (2), TWO INDIVIDUALS WHO |
---|
1251 | | - | ARE LEGALLY MARRIED OR ARE CIVIL UNION PARTNERS |
---|
1252 | | - | , BUT WHO OWN MORE |
---|
1253 | | - | THAN ONE PARCEL OF RESIDENTIAL REAL PROPERTY |
---|
1254 | | - | , ARE DEEMED TO |
---|
1255 | | - | PAGE 25-SENATE BILL 23-303 OCCUPY THE SAME PRIMARY RESIDENCE AND ONLY THAT PROPERTY MAY BE |
---|
1256 | | - | CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY |
---|
1257 | | - | . IF AN INDIVIDUAL IS AN |
---|
1258 | | - | OWNER |
---|
1259 | | - | -OCCUPIER OF A RESIDENTIAL REAL PROPERTY AND AN OWNER OF |
---|
1260 | | - | RECORD ON ANOTHER PROPERTY ALONG WITH A MEMBER OF THE |
---|
1261 | | - | INDIVIDUAL |
---|
1262 | | - | 'S FAMILY OTHER THAN THE INDIVIDUAL 'S SPOUSE, THEN THE |
---|
1263 | | - | OTHER FAMILY MEMBER MAY BE AN OWNER |
---|
1264 | | - | -OCCUPIER OF THE OTHER |
---|
1265 | | - | PROPERTY |
---|
1266 | | - | . |
---|
1267 | | - | (e) R |
---|
1268 | | - | EAL PROPERTY THAT MIGHT OTHERWISE BE CLASSIFIED AS |
---|
1269 | | - | MULTI |
---|
1270 | | - | -FAMILY RESIDENTIAL REAL PROPERTY THAT CONTAINS A UNIT THAT |
---|
1271 | | - | QUALIFIES AS PRIMARY RESIDENCE REAL PROPERTY UNDER THIS SECTION IS |
---|
1272 | | - | CLASSIFIED AS MULTI |
---|
1273 | | - | -FAMILY PRIMARY RESIDENCE REAL PROPERTY . |
---|
1274 | | - | (3) Applications. (a) F |
---|
1275 | | - | OR A PROPERTY TO BE CLASSIFIED AS |
---|
1276 | | - | PRIMARY RESIDENCE REAL PROPERTY OR AS QUALIFIED |
---|
1277 | | - | -SENIOR PRIMARY |
---|
1278 | | - | RESIDENCE REAL PROPERTY |
---|
1279 | | - | , AN INDIVIDUAL MUST FILE WITH THE ASSESSOR |
---|
1280 | | - | A COMPLETED APPLICATION NO LATER THAN |
---|
1281 | | - | MARCH 15 OF THE FIRST |
---|
1282 | | - | PROPERTY TAX YEAR FOR WHICH THE CLASSIFICATION IS SOUGHT |
---|
1283 | | - | . AN |
---|
1284 | | - | APPLICATION RETURNED BY MAIL IS DEEMED FILED ON THE DATE IT IS |
---|
1285 | | - | POSTMARKED |
---|
1286 | | - | . |
---|
1287 | | - | (b) (I) A |
---|
1288 | | - | N APPLICANT MUST COMPLETE AN APPLICATION FOR |
---|
1289 | | - | PROPERTY TO BE CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY OR AS |
---|
1290 | | - | QUALIFIED |
---|
1291 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY ON A FORM |
---|
1292 | | - | PRESCRIBED BY THE ADMINISTRATOR THAT INCLUDES THE FOLLOWING |
---|
1293 | | - | INFORMATION |
---|
1294 | | - | : |
---|
1295 | | - | (A) T |
---|
1296 | | - | HE APPLICANT'S NAME, MAILING ADDRESS, AND SOCIAL |
---|
1297 | | - | SECURITY NUMBER |
---|
1298 | | - | ; |
---|
1299 | | - | (B) T |
---|
1300 | | - | HE ADDRESS AND SCHEDULE OR PARCEL NUMBER OF THE |
---|
1301 | | - | PROPERTY |
---|
1302 | | - | ; |
---|
1303 | | - | (C) T |
---|
1304 | | - | HE NAME AND SOCIAL SECURITY NUMBER OF THE APPLICANT 'S |
---|
1305 | | - | SPOUSE OR CIVIL UNION PARTNER WHO OCCUPIES THE PROPERTY AS THE |
---|
1306 | | - | SPOUSE OR CIVIL UNION PARTNER |
---|
1307 | | - | 'S PRIMARY RESIDENCE; |
---|
1308 | | - | (D) I |
---|
1309 | | - | F A TRUST IS THE OWNER OF RECORD OF THE PROPERTY , THE |
---|
1310 | | - | NAMES OF THE MAKER OF THE TRUST |
---|
1311 | | - | , THE TRUSTEE, AND THE BENEFICIARIES |
---|
1312 | | - | OF THE TRUST |
---|
1313 | | - | ; |
---|
1314 | | - | PAGE 26-SENATE BILL 23-303 (E) IF A CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY IS THE |
---|
1315 | | - | OWNER OF RECORD OF THE PROPERTY |
---|
1316 | | - | , THE NAMES OF THE PRINCIPALS OR THE |
---|
1317 | | - | CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY |
---|
1318 | | - | ; |
---|
1319 | | - | (F) A |
---|
1320 | | - | STATEMENT OF WHETHER THE APPLICANT PREVIOUSLY |
---|
1321 | | - | QUALIFIED FOR THE PROPERTY TAX EXEMPTION FOR QUALIFYING SENIORS |
---|
1322 | | - | ALLOWED BY SECTION |
---|
1323 | | - | 39-3-203 (1) FOR A DIFFERENT PROPERTY THAN THE |
---|
1324 | | - | PROPERTY THAT THE APPLICANT CURRENTLY OCCUPIES AS THE APPLICANT |
---|
1325 | | - | 'S |
---|
1326 | | - | PRIMARY RESIDENCE |
---|
1327 | | - | ; |
---|
1328 | | - | (G) A |
---|
1329 | | - | N AFFIRMATION, IN A FORM PRESCRIBED BY THE |
---|
1330 | | - | ADMINISTRATOR |
---|
1331 | | - | , THAT THE APPLICANT BELIEVES , UNDER PENALTY OF |
---|
1332 | | - | PERJURY IN THE SECOND DEGREE AS DEFINED IN SECTION |
---|
1333 | | - | 18-8-503, THAT ALL |
---|
1334 | | - | INFORMATION PROVIDED BY THE APPLICANT IS CORRECT |
---|
1335 | | - | ; AND |
---|
1336 | | - | (H) ANY OTHER INFORMATION THAT THE ADMINISTRATOR |
---|
1337 | | - | REASONABLY DEEMS NECESSARY |
---|
1338 | | - | . |
---|
| 1573 | + | HE LEGAL DESCRIPTION OF THE PROPERTY ;10 |
---|
1340 | | - | HE ADMINISTRATOR SHALL ALSO INCLUDE IN THE APPLICATION |
---|
1341 | | - | A STATEMENT THAT AN APPLICANT |
---|
1342 | | - | , OR, IF APPLICABLE, THE TRUSTEE, HAS A |
---|
1343 | | - | LEGAL OBLIGATION TO INFORM THE ASSESSOR WITHIN SIXTY DAYS OF ANY |
---|
1344 | | - | CHANGE IN THE OWNERSHIP OR OCCUPANCY OF THE RESIDENTIAL REAL |
---|
1345 | | - | PROPERTY FOR WHICH CLASSIFICATION AS PRIMARY RESIDENCE REAL |
---|
1346 | | - | PROPERTY OR AS QUALIFIED |
---|
1347 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY |
---|
1348 | | - | HAS BEEN APPLIED FOR OR ALLOWED THAT WOULD PREVENT THE |
---|
1349 | | - | CLASSIFICATION FROM BEING ALLOWED FOR THE PROPERTY |
---|
1350 | | - | . |
---|
1351 | | - | (c) F |
---|
1352 | | - | OR PURPOSES OF THE APPLICATION AND RELATED PROVISIONS IN |
---|
1353 | | - | THIS SECTION |
---|
1354 | | - | , REAL PROPERTY THAT IS MULTI-FAMILY PRIMARY RESIDENCE |
---|
1355 | | - | REAL PROPERTY IS TREATED AS PRIMARY RESIDENCE REAL PROPERTY AND |
---|
1356 | | - | MULTI |
---|
1357 | | - | -FAMILY QUALIFIED-SENIOR PRIMARY REAL RESIDENCE IS TREATED AS |
---|
1358 | | - | QUALIFIED |
---|
1359 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY . |
---|
1360 | | - | (4) Penalties. (a) I |
---|
1361 | | - | N ADDITION TO ANY PENALTIES PRESCRIBED BY |
---|
1362 | | - | LAW FOR PERJURY IN THE SECOND DEGREE |
---|
1363 | | - | , AN APPLICANT WHO KNOWINGLY |
---|
1364 | | - | PROVIDES FALSE INFORMATION ON AN APPLICATION OR ATTEMPTS TO CLAIM |
---|
1365 | | - | MORE THAN ONE PROPERTY AS PRIMARY RESIDENCE REAL PROPERTY OR |
---|
1366 | | - | QUALIFIED |
---|
1367 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY FOR THE SAME |
---|
1368 | | - | PROPERTY TAX YEAR SHALL |
---|
1369 | | - | : |
---|
1370 | | - | PAGE 27-SENATE BILL 23-303 (I) NOT BE ABLE TO CLAIM THE PROPERTY AS PRIMARY RESIDENCE |
---|
1371 | | - | REAL PROPERTY OR QUALIFIED |
---|
1372 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY |
---|
1373 | | - | FOR THE PROPERTY TAX YEAR |
---|
1374 | | - | ; |
---|
1375 | | - | (II) P |
---|
1376 | | - | AY, TO THE TREASURER OF A COUNTY IN WHICH PROPERTY WAS |
---|
1377 | | - | IMPROPERLY CLASSIFIED AS PRIMARY RESIDENCE REAL PROPERTY OR |
---|
1378 | | - | QUALIFIED |
---|
1379 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY DUE TO THE |
---|
1380 | | - | PROVISION BY THE APPLICANT OF FALSE INFORMATION OR THE FILING OF |
---|
1381 | | - | MORE THAN ONE APPLICATION |
---|
1382 | | - | , AN AMOUNT EQUAL TO THE AM OUNT OF |
---|
1383 | | - | PROPERTY TAXES NOT PAID AS A RESULT OF THE IMPROPER CLASSIFICATION |
---|
1384 | | - | AS PRIMARY RESIDENCE REAL PROPERTY OR QUALIFIED |
---|
1385 | | - | -SENIOR PRIMARY |
---|
1386 | | - | RESIDENCE REAL PROPERTY |
---|
1387 | | - | ; AND |
---|
1388 | | - | (III) UPON CONVICTION OF PERJURY, BE REQUIRED TO PAY TO THE |
---|
1389 | | - | TREASURER OF ANY COUNTY IN WHICH AN INVALID APPLICATION WAS FILED |
---|
1390 | | - | AN ADDITIONAL AMOUNT EQUAL TO TWICE THE AMOUNT OF THE PROPERTY |
---|
1391 | | - | TAXES IDENTIFIED IN SUBSECTION |
---|
1392 | | - | (4)(a)(II) OF THIS SECTION PLUS INTEREST, |
---|
1393 | | - | CALCULATED AT THE ANNUAL RATE CALCULATED PURSUANT TO SECTION |
---|
1394 | | - | 39-21-110.5 FROM THE DATE THE INVALID APPLICATION WAS FILED UNTIL |
---|
1395 | | - | THE DATE THE APPLICANT MAKES THE PAYMENT REQUIRED BY THIS |
---|
1396 | | - | SUBSECTION |
---|
1397 | | - | (4)(a)(III). |
---|
1398 | | - | (b) I |
---|
1399 | | - | F AN APPLICANT OR A TRUSTEE FAILS TO INFORM THE ASSESSOR |
---|
1400 | | - | WITHIN SIXTY DAYS OF ANY CHANGE IN THE OWNERSHIP OR OCCUPANCY OF |
---|
1401 | | - | RESIDENTIAL REAL PROPERTY FOR CLASSIFICATION AS A PRIMARY RESIDENCE |
---|
1402 | | - | REAL PROPERTY OR A QUALIFIED |
---|
1403 | | - | -SENIOR PRIMARY RESIDENCE REAL |
---|
1404 | | - | PROPERTY THAT HAS BEEN APPLIED FOR OR ALLOWED THAT WOULD PREVENT |
---|
1405 | | - | THE CLASSIFICATION FROM BEING ALLOWED FOR THE PROPERTY AS REQUIRED |
---|
1406 | | - | BY SUBSECTION |
---|
1407 | | - | (3)(b) OF THIS SECTION: |
---|
| 1575 | + | HE SCHEDULE OR PARCEL NUMBER FOR THE PROPERTY ; AND11 |
---|
| 1576 | + | (III) T |
---|
| 1577 | + | HE NAME AND SOCIAL SECURITY NUMBER OF THE APPLICANT12 |
---|
| 1578 | + | WHO CLAIMED AN EXEMPTION FOR THE PROPERTY AND , IF APPLICABLE, THE13 |
---|
| 1579 | + | APPLICANT'S SPOUSE OR CIVIL UNION PARTNER WHO OCCUPIES THE14 |
---|
| 1580 | + | PROPERTY.15 |
---|
| 1581 | + | (b) (I) N |
---|
| 1582 | + | O LATER THAN NOVEMBER 1, 2025, AND NOVEMBER 1 OF16 |
---|
| 1583 | + | EACH YEAR THEREAFTER, THE ADMINISTRATOR SHALL PROVIDE WRITTEN17 |
---|
| 1584 | + | NOTICE TO AN APPLICANT THAT THE APPLICANT IS INELIGIBLE AND THE18 |
---|
| 1585 | + | REASON FOR THE INELIGIBILITY. THE NOTICE MUST ALSO INCLUDE A19 |
---|
| 1586 | + | STATEMENT SPECIFYING THE DEADLINE AND PROCEDURES FOR PROTESTING20 |
---|
| 1587 | + | THE DENIAL OF THE CLASSIFICATION.21 |
---|
| 1588 | + | (II) A |
---|
| 1589 | + | N APPLICANT WHOSE CLAIMS FOR THE CLASSIFICATION ARE22 |
---|
| 1590 | + | DENIED BY THE ADMINISTRATOR PURSUANT TO SUBSECTION (8)(b)(I) OF23 |
---|
| 1591 | + | THIS SECTION MAY FILE A WRITTEN PROTEST WITH THE ADMINISTRATOR NO24 |
---|
| 1592 | + | LATER THAN NOVEMBER 15 OF THE YEAR IN WHICH THE CLASSIFICATION25 |
---|
| 1593 | + | WAS DENIED. AN APPLICATION RETURNED BY MAIL IS DEEMED FILED ON26 |
---|
| 1594 | + | THE DATE IT IS POSTMARKED. IF THE GROUND FOR THE DENIAL IS THAT THE27 |
---|
| 1595 | + | 303 |
---|
| 1596 | + | -45- APPLICANT, OR THE APPLICANT AND THE APPLICANT 'S SPOUSE OR CIVIL1 |
---|
| 1597 | + | UNION PARTNER, CLAIMED MULTIPLE CLASSIFICATIONS, THE SOLE GROUND2 |
---|
| 1598 | + | FOR A PROTEST IS THAT THE APPLICANT , OR THE APPLICANT AND THE3 |
---|
| 1599 | + | APPLICANT'S SPOUSE OR CIVIL UNION PARTNER, FILED ONLY ONE CLAIM4 |
---|
| 1600 | + | FOR THE CLASSIFICATION, AND THE PROTEST MUST SPECIFY THE PROPERTY5 |
---|
| 1601 | + | IDENTIFIED BY THE ADMINISTRATOR IN THE NOTICE DENYING THE6 |
---|
| 1602 | + | CLASSIFICATION FOR WHICH NO CLASSIFICATION WAS CLAIMED . IF THE7 |
---|
| 1603 | + | GROUND FOR THE DENIAL IS THAT THE APPLICANT IS NOT AN8 |
---|
| 1604 | + | OWNER-OCCUPIER OF THE RESIDENTIAL REAL PROPERTY FOR WHICH THE9 |
---|
| 1605 | + | CLASSIFICATION IS CLAIMED, THE SOLE GROUNDS FOR A PROTEST ARE THAT10 |
---|
| 1606 | + | THE APPLICANT ACTUALLY IS AN OWNER -OCCUPIER AND THAT THE11 |
---|
| 1607 | + | APPLICANT QUALIFIES FOR THE CLASSIFICATION . 12 |
---|
| 1608 | + | (c) N |
---|
| 1609 | + | O LATER THAN DECEMBER 1, 2025, AND EACH DECEMBER 113 |
---|
| 1610 | + | THEREAFTER, AND AFTER EXAMINING THE REPORTS SENT BY EACH14 |
---|
| 1611 | + | ASSESSOR, DENYING CLAIMS FOR CLASSIFICATIONS , AND DECIDING15 |
---|
| 1612 | + | PROTESTS IN ACCORDANCE WITH SUBSECTION (8)(b) OF THIS SECTION, THE16 |
---|
| 1613 | + | ADMINISTRATOR SHALL PROVIDE WRITTEN NOTICE TO THE ASSESSOR OF17 |
---|
| 1614 | + | EACH COUNTY IN WHICH AN APPLICATION HAS BEEN DENIED BECAUSE THE18 |
---|
| 1615 | + | APPLICANT WAS INELIGIBLE.19 |
---|
| 1616 | + | 39-1-104.7. Qualified-senior primary residence real property20 |
---|
| 1617 | + | - definitions. (1) A |
---|
| 1618 | + | S USED IN THIS SECTION, UNLESS THE CONTEXT21 |
---|
| 1619 | + | OTHERWISE REQUIRES:22 |
---|
| 1620 | + | (a) "O |
---|
| 1621 | + | WNER-OCCUPIER" HAS THE SAME MEANING AS SET FORTH IN23 |
---|
| 1622 | + | SECTION 39-1-104.6 (1)(a).24 |
---|
| 1623 | + | (b) "S |
---|
| 1624 | + | ENIOR HOMESTEAD EXEMPTION " MEANS THE PROPERTY TAX25 |
---|
| 1625 | + | EXEMPTION FOR QUALIFYING SENIORS ALLOWED BY SECTION 39-3-203 (1).26 |
---|
| 1626 | + | (2) (a) F |
---|
| 1627 | + | OR PROPERTY TAX YEARS COMMENCING ON |
---|
| 1628 | + | AND AFTER27 |
---|
| 1629 | + | 303 |
---|
| 1630 | + | -46- JANUARY 1, 2025, RESIDENTIAL REAL PROPERTY THAT AS OF THE1 |
---|
| 1631 | + | ASSESSMENT DATE IS USED AS THE PRIMARY RESIDENCE OF AN2 |
---|
| 1632 | + | OWNER-OCCUPIER IS CLASSIFIED AS QUALIFIED -SENIOR PRIMARY3 |
---|
| 1633 | + | RESIDENCE REAL PROPERTY, WHICH IS A SUBCLASS OF RESIDENTIAL REAL4 |
---|
| 1634 | + | PROPERTY, IF:5 |
---|
1409 | | - | HE CLASSIFICATION IS NOT ALLOWED WITH RESPECT TO THE |
---|
1410 | | - | RESIDENTIAL REAL PROPERTY FOR THE SUBSEQUENT PROPERTY TAX YEAR |
---|
1411 | | - | ; |
---|
1412 | | - | AND |
---|
1413 | | - | (II) THE APPLICANT OR TRUSTEE SHALL PAY, TO THE TREASURER OF |
---|
1414 | | - | ANY COUNTY IN WHICH THE CLASSIFICATION WAS IMPROPERLY ALLOWED |
---|
1415 | | - | DUE TO THE APPLICANT |
---|
1416 | | - | 'S OR TRUSTEE'S FAILURE TO IMMEDIATELY INFORM |
---|
1417 | | - | THE ASSESSOR OF ANY CHANGE IN THE OWNERSHIP OR OCCUPANCY OF |
---|
1418 | | - | RESIDENTIAL REAL PROPERTY |
---|
1419 | | - | , AN AMOUNT EQUAL TO THE AMOUNT OF |
---|
1420 | | - | PROPERTY TAXES NOT PAID AS A RESULT OF THE IMPROPER CLASSIFICATION |
---|
1421 | | - | PAGE 28-SENATE BILL 23-303 AS PRIMARY RESIDENCE REAL PROPERTY OR QUALIFIED -SENIOR PRIMARY |
---|
1422 | | - | RESIDENCE REAL PROPERTY PLUS INTEREST |
---|
1423 | | - | , CALCULATED AT THE ANNUAL |
---|
1424 | | - | RATE SPECIFIED IN SECTION |
---|
1425 | | - | 39-21-110.5 FROM THE DATE ON WHICH THE |
---|
1426 | | - | CHANGE IN THE OWNERSHIP OR OCCUPANCY OCCURRED UNTIL THE DATE THE |
---|
1427 | | - | APPLICANT MAKES THE PAYMENT REQUIRED BY THIS SUBSECTION |
---|
1428 | | - | (4)(b)(II). |
---|
1429 | | - | (c) A |
---|
1430 | | - | NY AMOUNT REQUIRED TO BE PAID TO A TREASURER PURSUANT |
---|
1431 | | - | TO SUBSECTION |
---|
1432 | | - | (4)(a) OR (4)(b) OF THIS SECTION IS DEEMED PART OF THE |
---|
1433 | | - | LIEN OF GENERAL TAXES IMPOSED ON THE PERSON REQUIRED TO PAY THE |
---|
1434 | | - | AMOUNT AND HAS THE PRIORITY SPECIFIED IN SECTION |
---|
1435 | | - | 39-1-107 (2). |
---|
1436 | | - | (5) Confidentiality. (a) C |
---|
1437 | | - | OMPLETED APPLICATIONS FOR |
---|
1438 | | - | CLASSIFICATION AS PRIMARY RESIDENCE REAL PROPERTY OR AS |
---|
1439 | | - | QUALIFIED |
---|
1440 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY ARE CONFIDENTIAL ; |
---|
1441 | | - | EXCEPT THAT: |
---|
1442 | | - | (I) (A) A |
---|
1443 | | - | N ASSESSOR OR THE ADMINISTRATOR MAY RELEASE |
---|
1444 | | - | STATISTICAL COMPILATIONS OR INFORMATIONAL SUMMARIES OF ANY |
---|
1445 | | - | INFORMATION CONTAINED IN THE APPLICATIONS AND SHALL PROVIDE A COPY |
---|
1446 | | - | OF AN APPLICATION TO THE APPLICANT WHO RETURNED THE APPLICATION |
---|
1447 | | - | AND THE TREASURER OF THE SAME COUNTY AS THE ASSESSOR |
---|
1448 | | - | ; |
---|
1449 | | - | (B) A |
---|
1450 | | - | N ASSESSOR OR THE ADMINISTRATOR MAY INTRODUCE A COPY |
---|
1451 | | - | OF AN APPLICATION AS EVIDENCE IN ANY ADMINISTRATIVE HEARING OR |
---|
1452 | | - | LEGAL PROCEEDING IN WHICH THE ACCURACY OR VERACITY OF THE |
---|
1453 | | - | APPLICATION IS AT ISSUE SO LONG AS NEITHER THE APPLICANT |
---|
1454 | | - | 'S SOCIAL |
---|
1455 | | - | SECURITY NUMBER NOR ANY OTHER SOCIAL SECURITY NUMBER SET FORTH |
---|
1456 | | - | IN THE APPLICATION ARE DIVULGED |
---|
1457 | | - | . |
---|
1458 | | - | (II) A |
---|
1459 | | - | TREASURER SHALL KEEP CONFIDENTIAL EACH INDIVIDUAL |
---|
1460 | | - | APPLICATION RECEIVED FROM AN ASSESSOR BUT MAY RELEASE STATISTICAL |
---|
1461 | | - | COMPILATIONS OR INFORMATIONAL SUMMARIES OF ANY INFORMATION |
---|
1462 | | - | CONTAINED IN APPLICATIONS AND MAY INTRODUCE A COPY OF AN |
---|
1463 | | - | APPLICATION AS EVIDENCE IN ANY ADMINISTRATIVE HEARING OR LEGAL |
---|
1464 | | - | PROCEEDING IN WHICH THE ACCURACY OR VERACITY OF THE APPLICATION IS |
---|
1465 | | - | AT ISSUE SO LONG AS NEITHER THE APPLICANT |
---|
1466 | | - | 'S SOCIAL SECURITY NUMBER |
---|
1467 | | - | NOR ANY OTHER SOCIAL SECURITY NUMBER SET FORTH IN THE APPLICATION |
---|
1468 | | - | IS DIVULGED |
---|
1469 | | - | . |
---|
1470 | | - | (III) T |
---|
1471 | | - | HE ADMINISTRATOR MAY SHARE INFORMATION CONTAINED IN |
---|
1472 | | - | PAGE 29-SENATE BILL 23-303 AN APPLICATION, INCLUDING ANY SOCIAL SECURITY NUMBER SET FORTH IN |
---|
1473 | | - | THE APPLICATION |
---|
1474 | | - | , WITH THE DEPARTMENT OF REVENUE TO THE EXTENT |
---|
1475 | | - | NECESSARY TO ENABLE THE ADMINISTRATOR TO VERIFY THAT THE |
---|
1476 | | - | APPLICANT SATISFIES LEGAL REQUIREMENTS FOR THE CLASSIFICATION |
---|
1477 | | - | . |
---|
1478 | | - | (b) N |
---|
1479 | | - | OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a) OF |
---|
1480 | | - | THIS SECTION |
---|
1481 | | - | , THE ADMINISTRATOR, AN ASSESSOR, OR A TREASURER SHALL |
---|
1482 | | - | NOT GIVE ANY OTHER PERSON ANY LISTING OF APPLICANTS OR ANY OTHER |
---|
1483 | | - | INFORMATION THAT WOULD ENABLE A PERSON TO EASILY ASSEMBLE A |
---|
1484 | | - | MAILING LIST OF APPLICANTS FOR THE PRIMARY RESIDENCE REAL PROPERTY |
---|
1485 | | - | CLASSIFICATION OR QUALIFIED |
---|
1486 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY |
---|
1487 | | - | CLASSIFICATION |
---|
1488 | | - | . |
---|
1489 | | - | (c) I |
---|
1490 | | - | N ACCORDANCE WITH SECTION 25-2-103 (4.7), THE |
---|
1491 | | - | ADMINISTRATOR SHALL ANNUALLY PROVIDE TO THE STATE REGISTRAR OF |
---|
1492 | | - | VITAL STATISTICS OF THE DEPARTMENT OF PUBLIC HEALTH AND |
---|
1493 | | - | ENVIRONMENT A LIST |
---|
1494 | | - | , BY NAME AND SOCIAL SECURITY NUMBER , OF EVERY |
---|
1495 | | - | INDIVIDUAL WHO HAD PROPERTY CLASSIFIED AS PRIMARY RESIDENCE REAL |
---|
1496 | | - | PROPERTY OR QUALIFIED |
---|
1497 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY FOR |
---|
1498 | | - | THE IMMEDIATELY PRECEDING YEAR SO THAT THE REGISTRAR CAN PROVIDE |
---|
1499 | | - | TO THE ADMINISTRATOR A LIST OF ALL THE INDIVIDUALS ON THE LIST WHO |
---|
1500 | | - | HAVE DIED |
---|
1501 | | - | . NO LATER THAN APRIL 1, 2026, AND APRIL 1 OF EACH YEAR |
---|
1502 | | - | THEREAFTER |
---|
1503 | | - | , THE ADMINISTRATOR SHALL FORWARD TO THE ASSESSOR OF |
---|
1504 | | - | EACH COUNTY THE NAME AND SOCIAL SECURITY NUMBER OF EACH |
---|
1505 | | - | DECEASED INDIVIDUAL WHO HAD RESIDENTIAL REAL PROPERTY LOCATED |
---|
1506 | | - | WITHIN THE COUNTY THAT WAS SO CLASSIFIED FOR THE IMMEDIATELY |
---|
1507 | | - | PRECEDING YEAR |
---|
1508 | | - | , SO THAT THE ASSESSOR CAN CHANGE THE CLASSIFICATION |
---|
1509 | | - | OF THE PROPERTY |
---|
1510 | | - | , IF NECESSARY. |
---|
1511 | | - | (6) Notice. (a) A |
---|
1512 | | - | S SOON AS PRACTICABLE AFTER JANUARY 1, 2025, |
---|
1513 | | - | AND AFTER JANUARY 1 OF EACH YEAR THEREAFTER , EACH COUNTY |
---|
1514 | | - | TREASURER SHALL |
---|
1515 | | - | , AT THE TREASURER 'S DISCRETION, MAIL OR |
---|
1516 | | - | ELECTRONICALLY SEND TO EACH PERSON WHOSE NAME APPEARS ON THE TAX |
---|
1517 | | - | LIST AND WARRANT AS AN OWNER OF RESIDENTIAL REAL PROPERTY NOTICE |
---|
1518 | | - | OF THE PRIMARY RESIDENCE REAL PROPERTY AND THE QUALIFIED |
---|
1519 | | - | -SENIOR |
---|
1520 | | - | PRIMARY RESIDENCE REAL PROPERTY CLASSIFICATIONS |
---|
1521 | | - | . THE TREASURER |
---|
1522 | | - | SHALL MAIL OR ELECTRONICALLY SEND THE NOTICE EACH YEAR ON OR |
---|
1523 | | - | BEFORE THE DATE ON WHICH THE TREASURER MAILS THE PROPERTY TAX |
---|
1524 | | - | STATEMENT FOR THE PREVIOUS PROPERTY TAX YEAR PURSUANT TO SECTION |
---|
1525 | | - | 39-10-103. THE ADMINISTRATOR SHALL PRESCRIBE THE FORM OF THE |
---|
1526 | | - | PAGE 30-SENATE BILL 23-303 NOTICE, WHICH MUST INCLUDE A STATEMENT OF THE ELIGIBILITY CRITERIA |
---|
1527 | | - | FOR THE PRIMARY RESIDENCE REAL PROPERTY AND QUALIFIED |
---|
1528 | | - | -SENIOR |
---|
1529 | | - | PRIMARY RESIDENCE REAL PROPERTY CLASSIFICATIONS AND INSTRUCTIONS |
---|
1530 | | - | FOR OBTAINING A RELATED APPLICATION |
---|
1531 | | - | . |
---|
1532 | | - | (b) T |
---|
1533 | | - | O REDUCE MAILING COSTS, AN ASSESSOR MAY COORDINATE |
---|
1534 | | - | WITH THE TREASURER OF THE SAME COUNTY TO INCLUDE NOTICE WITH THE |
---|
1535 | | - | TAX STATEMENT FOR THE PREVIOUS PROPERTY TAX YEAR MAILED PURSUANT |
---|
1536 | | - | TO SECTION |
---|
1537 | | - | 39-10-103, OR MAY INCLUDE NOTICE WITH THE NOTICE OF |
---|
1538 | | - | VALUATION MAILED PURSUANT TO SECTION |
---|
1539 | | - | 39-5-121 (1)(a). |
---|
1540 | | - | (7) Notice of classification - appeal. (a) (I) E |
---|
1541 | | - | XCEPT AS OTHERWISE |
---|
1542 | | - | PROVIDED IN SUBSECTION |
---|
1543 | | - | (7)(b) OF THIS SECTION, AN ASSESSOR SHALL ONLY |
---|
1544 | | - | CLASSIFY PROPERTY AS PRIMARY RESIDENCE REAL PROPERTY OR |
---|
1545 | | - | QUALIFIED |
---|
1546 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY IF AN APPLICANT |
---|
1547 | | - | HAS TIMELY RETURNED AN APPLICATION IN ACCORDANCE WITH SUBSECTION |
---|
1548 | | - | (3) OF THIS SECTION THAT ESTABLISHES THAT EITHER CLASSIFICATION IS |
---|
1549 | | - | APPROPRIATE |
---|
1550 | | - | . |
---|
1551 | | - | (II) I |
---|
1552 | | - | F THE INFORMATION PROVIDED ON OR WITH AN APPLICATION |
---|
1553 | | - | INDICATES THAT THE APPLICANT IS NOT ENTITLED TO THE CLASSIFICATION |
---|
1554 | | - | , |
---|
1555 | | - | OR IS INSUFFICIENT TO ALLOW THE ASSESSOR TO DETERMINE WHETHER THE |
---|
1556 | | - | PROPERTY MEETS THE CLASSIFICATION |
---|
1557 | | - | , THE ASSESSOR SHALL DENY THE |
---|
1558 | | - | APPLICATION AND MAIL TO THE APPLICANT A STATEMENT PROVIDING THE |
---|
1559 | | - | REASONS FOR THE DENIAL AND INFORMING THE APPLICANT OF THE |
---|
1560 | | - | APPLICANT |
---|
1561 | | - | 'S RIGHT TO CONTEST THE DENIAL PURSUANT TO SUBSECTION |
---|
1562 | | - | (7)(b) OF THIS SECTION. THE ASSESSOR SHALL MAIL THE STATEMENT NO |
---|
1563 | | - | LATER THAN |
---|
1564 | | - | AUGUST 1 OF THE PROPERTY TAX YEAR FOR WHICH THE |
---|
1565 | | - | APPLICATION WAS FILED |
---|
1566 | | - | . |
---|
1567 | | - | (b) (I) A |
---|
1568 | | - | N APPLICANT WHOSE APPLICATION HAS BEEN DENIED MAY |
---|
1569 | | - | CONTEST THE DENIAL BY REQUESTING A HEARING BEFORE THE COUNTY |
---|
1570 | | - | COMMISSIONERS SITTING AS THE COUNTY BOARD OF EQUALIZATION NO |
---|
1571 | | - | LATER THAN |
---|
1572 | | - | AUGUST 15 OF THE PROPERTY TAX YEAR FOR WHICH THE |
---|
1573 | | - | APPLICATION WAS FILED |
---|
1574 | | - | . THE HEARING SHALL BE HELD ON OR AFTER |
---|
1575 | | - | AUGUST 1 AND NO LATER THAN SEPTEMBER 1 OF THE PROPERTY TAX YEAR |
---|
1576 | | - | FOR WHICH THE APPLICATION WAS FILED |
---|
1577 | | - | , AND THE DECISION OF THE COUNTY |
---|
1578 | | - | BOARD OF EQUALIZATION IS NOT SUBJECT TO FURTHER ADMINISTRATIVE |
---|
1579 | | - | APPEAL BY EITHER THE APPLICANT OR THE ASSESSOR |
---|
1580 | | - | . |
---|
1581 | | - | PAGE 31-SENATE BILL 23-303 (II) AN INDIVIDUAL WHO HAS NOT TIMELY FILED AN APPLICATION |
---|
1582 | | - | WITH THE ASSESSOR BY |
---|
1583 | | - | MARCH 15 MAY FILE A LATE APPLICATION NO LATER |
---|
1584 | | - | THAN THE |
---|
1585 | | - | JULY 15 THAT IMMEDIATELY FOLLOWS THAT DEADLINE . THE |
---|
1586 | | - | ASSESSOR SHALL ACCEPT ANY SUCH APPLICATION BUT MAY NOT ACCEPT ANY |
---|
1587 | | - | LATE APPLICATION FILED AFTER |
---|
1588 | | - | JULY 15. A DECISION OF AN ASSESSOR TO |
---|
1589 | | - | DISALLOW THE FILING OF A LATE APPLICATION AFTER |
---|
1590 | | - | JULY 15 OR TO GRANT |
---|
1591 | | - | OR DENY THE CLASSIFICATION TO AN APPLICANT WHO HAS FILED A LATE |
---|
1592 | | - | APPLICATION AFTER |
---|
1593 | | - | MARCH 15 BUT NO LATER THAN JULY 15 IS FINAL, AND |
---|
1594 | | - | AN APPLICANT WHO IS DENIED LATE FILING OR AN EXEMPTION MAY NOT |
---|
1595 | | - | CONTEST THE DENIAL |
---|
1596 | | - | . |
---|
1597 | | - | (III) T |
---|
1598 | | - | HE COUNTY BOARD OF E QUALIZATION MAY APPOINT |
---|
1599 | | - | INDEPENDENT REFEREES TO CONDUCT HEARINGS REQUESTED PURSUANT TO |
---|
1600 | | - | SUBSECTION |
---|
1601 | | - | (7)(b)(I) OF THIS SECTION ON BEHALF OF THE COUNTY BOARD |
---|
1602 | | - | AND TO MAKE FINDINGS AND SUBMIT RECOMMENDATIONS TO THE COUNTY |
---|
1603 | | - | BOARD FOR ITS FINAL ACTION |
---|
1604 | | - | . |
---|
1605 | | - | (8) Reporting to administrator. (a) N |
---|
1606 | | - | O LATER THAN SEPTEMBER |
---|
1607 | | - | 10, 2025, AND SEPTEMBER 10 OF EACH YEAR THEREAFTER, EACH ASSESSOR |
---|
1608 | | - | SHALL FORWARD TO THE ADMINISTRATOR A REPORT ON THE RESIDENTIAL |
---|
1609 | | - | REAL PROPERTY IN THE ASSESSOR |
---|
1610 | | - | 'S COUNTY THAT QUALIFIES AS PRIMARY |
---|
1611 | | - | RESIDENCE REAL PROPERTY OR QUALIFIED |
---|
1612 | | - | -SENIOR PRIMARY RESIDENCE REAL |
---|
1613 | | - | PROPERTY FOR THE CURRENT PROPERTY TAX YEAR |
---|
1614 | | - | . FOR EACH UNIT OF |
---|
1615 | | - | RESIDENTIAL REAL PROPERTY |
---|
1616 | | - | , THE REPORT MUST INCLUDE: |
---|
1617 | | - | (I) T |
---|
1618 | | - | HE LEGAL DESCRIPTION OF THE PROPERTY ; |
---|
| 1636 | + | HE REAL PROPERTY WOULD OTHERWISE BE CLASSIFIED AS6 |
---|
| 1637 | + | PRIMARY RESIDENCE REAL PROPERTY UNDER SECTION 39-1-104.6; AND7 |
---|
1620 | | - | HE SCHEDULE OR PARCEL NUMBER FOR THE PROPERTY ; AND |
---|
1621 | | - | (III) THE NAME AND SOCIAL SECURITY NUMBER OF THE APPLICANT |
---|
1622 | | - | WHO CLAIMED AN EXEMPTION FOR THE PROPERTY AND |
---|
1623 | | - | , IF APPLICABLE, THE |
---|
1624 | | - | APPLICANT |
---|
1625 | | - | 'S SPOUSE OR CIVIL UNION PARTNER WHO OCCUPIES THE |
---|
1626 | | - | PROPERTY |
---|
1627 | | - | . |
---|
1628 | | - | (b) (I) N |
---|
1629 | | - | O LATER THAN NOVEMBER 1, 2025, AND NOVEMBER 1 OF |
---|
1630 | | - | EACH YEAR THEREAFTER |
---|
1631 | | - | , THE ADMINISTRATOR SHALL PROVIDE WRITTEN |
---|
1632 | | - | NOTICE TO AN APPLICANT THAT THE APPLICANT IS INELIGIBLE AND THE |
---|
1633 | | - | REASON FOR THE INELIGIBILITY |
---|
1634 | | - | . THE NOTICE MUST ALSO INCLUDE A |
---|
1635 | | - | STATEMENT SPECIFYING THE DEADLINE AND PROCEDURES FOR PROTESTING |
---|
1636 | | - | THE DENIAL OF THE CLASSIFICATION |
---|
1637 | | - | . |
---|
1638 | | - | PAGE 32-SENATE BILL 23-303 (II) AN APPLICANT WHOSE CLAIMS FOR THE CLASSIFICATION ARE |
---|
1639 | | - | DENIED BY THE ADMINISTRATOR PURSUANT TO SUBSECTION |
---|
1640 | | - | (8)(b)(I) OF THIS |
---|
1641 | | - | SECTION MAY FILE A WRITTEN PROTEST WITH THE ADMINISTRATOR NO LATER |
---|
1642 | | - | THAN |
---|
1643 | | - | NOVEMBER 15 OF THE YEAR IN WHICH THE CLASSIFICATION WAS |
---|
1644 | | - | DENIED |
---|
1645 | | - | . AN APPLICATION RETURNED BY MAIL IS DEEMED FILED ON THE DATE |
---|
1646 | | - | IT IS POSTMARKED |
---|
1647 | | - | . IF THE GROUND FOR THE DENIAL IS THAT THE APPLICANT, |
---|
1648 | | - | OR THE APPLICANT AND THE APPLICANT'S SPOUSE OR CIVIL UNION PARTNER, |
---|
1649 | | - | CLAIMED MULTIPLE CLASSIFICATIONS, THE SOLE GROUND FOR A PROTEST IS |
---|
1650 | | - | THAT THE APPLICANT |
---|
1651 | | - | , OR THE APPLICANT AND THE APPLICANT'S SPOUSE OR |
---|
1652 | | - | CIVIL UNION PARTNER |
---|
1653 | | - | , FILED ONLY ONE CLAIM FOR THE CLASSIFICATION , |
---|
1654 | | - | AND THE PROTEST MUST SPECIFY THE PROPERTY IDENTIFIED BY THE |
---|
1655 | | - | ADMINISTRATOR IN THE NOTICE DENYING THE CLASSIFICATION FOR WHICH |
---|
1656 | | - | NO CLASSIFICATION WAS CLAIMED |
---|
1657 | | - | . IF THE GROUND FOR THE DENIAL IS THAT |
---|
1658 | | - | THE APPLICANT IS NOT AN OWNER |
---|
1659 | | - | -OCCUPIER OF THE RESIDENTIAL REAL |
---|
1660 | | - | PROPERTY FOR WHICH THE CLASSIFICATION IS CLAIMED |
---|
1661 | | - | , THE SOLE GROUNDS |
---|
1662 | | - | FOR A PROTEST ARE THAT THE APPLICANT ACTUALLY IS AN OWNER |
---|
1663 | | - | -OCCUPIER |
---|
1664 | | - | AND THAT THE APPLICANT QUALIFIES FOR THE CLASSIFICATION |
---|
1665 | | - | . |
---|
1666 | | - | (c) N |
---|
1667 | | - | O LATER THAN DECEMBER 1, 2025, AND EACH DECEMBER 1 |
---|
1668 | | - | THEREAFTER, AND AFTER EXAMINING THE REPORTS SENT BY EACH ASSESSOR , |
---|
1669 | | - | DENYING CLAIMS FOR CLASSIFICATIONS , AND DECIDING PROTESTS IN |
---|
1670 | | - | ACCORDANCE WITH SUBSECTION |
---|
1671 | | - | (8)(b) OF THIS SECTION , THE |
---|
1672 | | - | ADMINISTRATOR SHALL PROVIDE WRITTEN NOTICE TO THE ASSESSOR OF |
---|
1673 | | - | EACH COUNTY IN WHICH AN APPLICATION HAS BEEN DENIED BECAUSE THE |
---|
1674 | | - | APPLICANT WAS INELIGIBLE |
---|
1675 | | - | . |
---|
1676 | | - | 39-1-104.7. Qualified-senior primary residence real property - |
---|
1677 | | - | definitions. (1) A |
---|
1678 | | - | S USED IN THIS SECTION, UNLESS THE CONTEXT |
---|
1679 | | - | OTHERWISE REQUIRES |
---|
1680 | | - | : |
---|
1681 | | - | (a) "O |
---|
1682 | | - | WNER-OCCUPIER" HAS THE SAME MEANING AS SET FORTH IN |
---|
1683 | | - | SECTION |
---|
1684 | | - | 39-1-104.6 (1)(a). |
---|
1685 | | - | (b) "S |
---|
1686 | | - | ENIOR HOMESTEAD EXEMPTION " MEANS THE PROPERTY TAX |
---|
1687 | | - | EXEMPTION FOR QUALIFYING SENIORS ALLOWED BY SECTION |
---|
1688 | | - | 39-3-203 (1). |
---|
1689 | | - | (2) (a) F |
---|
1690 | | - | OR PROPERTY TAX YEARS COMMENCING ON AND AFTER |
---|
1691 | | - | JANUARY 1, 2025, RESIDENTIAL REAL PROPERTY THAT AS OF THE |
---|
1692 | | - | ASSESSMENT DATE IS USED AS THE PRIMARY RESIDENCE OF AN |
---|
1693 | | - | OWNER |
---|
1694 | | - | -OCCUPIER IS CLASSIFIED AS QUALIFIED-SENIOR PRIMARY RESIDENCE |
---|
1695 | | - | PAGE 33-SENATE BILL 23-303 REAL PROPERTY, WHICH IS A SUBCLASS OF RESIDENTIAL REAL PROPERTY , IF: |
---|
1696 | | - | (I) T |
---|
1697 | | - | HE REAL PROPERTY WOULD OTHERWISE BE CLASSIFIED AS |
---|
1698 | | - | PRIMARY RESIDENCE REAL PROPERTY UNDER SECTION |
---|
1699 | | - | 39-1-104.6; AND |
---|
1700 | | - | (II) THE OWNER-OCCUPIER OF THE PROPERTY PREVIOUSLY QUALIFIED |
---|
1701 | | - | FOR THE SENIOR HOMESTEAD EXEMPTION FOR A DIFFERENT PROPERTY AND |
---|
1702 | | - | DOES NOT QUALIFY FOR THE SENIOR HOMESTEAD EXEMPTION FOR THE |
---|
1703 | | - | CURRENT PROPERTY TAX YEAR |
---|
1704 | | - | . |
---|
| 1639 | + | HE OWNER-OCCUPIER OF THE PROPERTY PREVIOUSLY8 |
---|
| 1640 | + | QUALIFIED FOR THE SENIOR HOMESTEAD EXEMPTION FOR A DIFFERENT9 |
---|
| 1641 | + | PROPERTY AND DOES NOT QUALIFY FOR THE SENIOR HOMESTEAD10 |
---|
| 1642 | + | EXEMPTION FOR THE CURRENT PROPERTY TAX YEAR .11 |
---|
1734 | | - | HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE JULY 1, 2025. |
---|
1735 | | - | (5) (a) If, after certification of the valuation for assessment pursuant |
---|
1736 | | - | to section 39-5-128 and notification of total actual value pursuant to section |
---|
1737 | | - | 39-5-121 (2)(b) but prior to December 10, changes in such valuation for |
---|
1738 | | - | assessment or total actual value are made by the assessor, the assessor shall |
---|
1739 | | - | PAGE 34-SENATE BILL 23-303 send a single notification to the board of county commissioners or other |
---|
1740 | | - | body authorized by law to levy property taxes, to the division of local |
---|
1741 | | - | government, and to the department of education that includes all of such |
---|
1742 | | - | changes that have occurred during said specified period of time. Upon |
---|
1743 | | - | receipt of such notification, such board or body shall make adjustments in |
---|
1744 | | - | the tax levies to ensure compliance with section 29-1-301, C.R.S., |
---|
1745 | | - | if |
---|
1746 | | - | applicable, and may make adjustments in order that the same amount of |
---|
1747 | | - | revenue be raised. A copy of any adjustment to tax levies shall be |
---|
1748 | | - | transmitted to the administrator and assessor. Nothing in this subsection (5) |
---|
1749 | | - | shall be construed as conferring the authority to exceed statutorily imposed |
---|
1750 | | - | mill levy or revenue-raising limits. |
---|
1751 | | - | (b) (I) F |
---|
1752 | | - | OR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, |
---|
1753 | | - | 2023, |
---|
1754 | | - | THE DEADLINE SET FORTH IN SUBSECTION (5)(a) OF THIS SECTION IS |
---|
1755 | | - | POSTPONED FROM |
---|
1756 | | - | DECEMBER 10, 2023, TO DECEMBER 29, 2023. |
---|
1757 | | - | (II) T |
---|
1758 | | - | HIS SUBSECTION (5)(b) IS REPEALED, EFFECTIVE JULY 1, 2025. |
---|
1759 | | - | SECTION 13. In Colorado Revised Statutes, 39-5-128, amend (1) |
---|
1760 | | - | as follows: |
---|
1761 | | - | 39-5-128. Certification of valuation for assessment - repeal. |
---|
1762 | | - | (1) (a) No later than August 25 of each year, the assessor shall certify to the |
---|
1763 | | - | department of education, to the clerk of each town and city, to the secretary |
---|
1764 | | - | of each school district, and to the secretary of each special district within |
---|
1765 | | - | the assessor's county the total valuation for assessment of all taxable |
---|
1766 | | - | property located within the territorial limits of each such town, city, school |
---|
1767 | | - | district, or special district and shall notify each such clerk, secretary, and |
---|
1768 | | - | board to officially certify the levy of such town, city, school district, or |
---|
1769 | | - | special district to the board of county commissioners no later than |
---|
1770 | | - | December 15. The assessor shall also certify to the secretary of each school |
---|
1771 | | - | district the actual value of the taxable property in the district. |
---|
1772 | | - | (b) (I) F |
---|
1773 | | - | OR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, |
---|
1774 | | - | 2023, |
---|
1775 | | - | THE DEADLINE SET FORTH IN SUBSECTION (1)(a) OF THIS SECTION FOR |
---|
1776 | | - | OFFICIALLY CERTIFYING A LEVY IS POSTPONED FROM |
---|
1777 | | - | DECEMBER 15, 2023, |
---|
1778 | | - | TO JANUARY 5, 2024. |
---|
1779 | | - | (II) T |
---|
1780 | | - | HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE JULY 1, 2025. |
---|
1781 | | - | PAGE 35-SENATE BILL 23-303 SECTION 14. In Colorado Revised Statutes, 39-3-210, amend |
---|
1782 | | - | (1)(a), (1)(e), (3), (4)(b), (5), and (6); repeal and reenact, with |
---|
| 1715 | + | HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE JULY 1, 2025.16 |
---|
| 1716 | + | SECTION 14. In Colorado Revised Statutes, 39-3-210, amend17 |
---|
| 1717 | + | (1)(a), (1)(e), (3), (4)(b), (5), and (6); repeal and reenact, with18 |
---|
1906 | | - | EMPORARY REDUCTIONS IN THE VALUATION FOR ASSESSMENT |
---|
1907 | | - | MADE IN |
---|
1908 | | - | SENATE BILL 22-238, ENACTED IN 2022; AND |
---|
1909 | | - | (B) CUMULATIVE TEMPORARY REDUCTIONS IN THE VALUATION FOR |
---|
1910 | | - | ASSESSMENT MADE IN |
---|
1911 | | - | SENATE BILL 22-238, ENACTED IN 2022, AND SENATE |
---|
1912 | | - | BILL 23-303, IF A MAJORITY OF VOTERS APPROVE THE BALLOT ISSUE |
---|
1913 | | - | REFERRED IN ACCORDANCE WITH SECTION |
---|
1914 | | - | 24-77-202; AND |
---|
1915 | | - | (II) THE INCREASE IN ASSESSED VALUE FROM THE PROPERTY TAX |
---|
1916 | | - | YEAR COMMENCING ON |
---|
1917 | | - | JANUARY 1, 2022, TO THE PROPERTY TAX YEAR |
---|
1918 | | - | COMMENCING ON |
---|
1919 | | - | JANUARY 1, 2023, THAT IS BASED ON THE: |
---|
| 1830 | + | EMPORARY REDUCTIONS IN THE VALUATION FOR ASSESSMENT19 |
---|
| 1831 | + | MADE IN SENATE BILL 22-238, ENACTED IN 2022; AND20 |
---|
| 1832 | + | (B) C |
---|
| 1833 | + | UMULATIVE TEMPORARY REDUCTIONS IN THE VALUATION21 |
---|
| 1834 | + | FOR ASSESSMENT MADE IN SENATE BILL 22-238, ENACTED IN 2022, AND22 |
---|
| 1835 | + | THIS SENATE BILL 23-_____, IF A MAJORITY OF VOTERS APPROVE THE23 |
---|
| 1836 | + | BALLOT ISSUE REFERRED IN ACCORDANCE WITH SECTION 24-77-202; AND 24 |
---|
| 1837 | + | (II) |
---|
| 1838 | + | THE INCREASE IN ASSESSED VALUE FROM THE PROPERTY TAX25 |
---|
| 1839 | + | YEAR COMMENCING ON JANUARY 1, 2022, TO THE PROPERTY TAX YEAR26 |
---|
| 1840 | + | COMMENCING ON JANUARY 1, 2023, THAT IS BASED ON THE:27 |
---|
| 1841 | + | 303 |
---|
| 1842 | + | -52- (A) TEMPORARY REDUCTIONS IN THE VALUATION FOR ASSESSMENT1 |
---|
| 1843 | + | MADE IN SENATE BILL 22-238, ENACTED IN 2022; AND2 |
---|
| 1844 | + | (B) C |
---|
| 1845 | + | UMULATIVE TEMPORARY REDUCTIONS IN THE VALUATION3 |
---|
| 1846 | + | FOR ASSESSMENT MADE IN SENATE BILL 22-238, ENACTED IN 2022, AND4 |
---|
| 1847 | + | THIS SENATE BILL 23-_____, IF A MAJORITY OF VOTERS APPROVE THE5 |
---|
| 1848 | + | BALLOT ISSUE REFERRED IN ACCORDANCE WITH SECTION 24-77-202.6 |
---|
| 1849 | + | (b) T |
---|
| 1850 | + | HE ADMINISTRATOR SHALL PROVIDE THE ESTIMATES7 |
---|
| 1851 | + | RECEIVED IN ACCORDANCE WITH SUBSECTION (2.5)(a) OF THIS SECTION TO8 |
---|
| 1852 | + | THE DEPARTMENT OF REVENUE AND LEGISLATIVE COUNCIL STAFF .9 |
---|
| 1853 | + | (3) No later than March 1, 2024, each |
---|
| 1854 | + | AND MARCH 1 OF THE NEXT10 |
---|
| 1855 | + | NINE YEARS THEREAFTER, A treasurer shall report the amounts specified11 |
---|
| 1856 | + | in subsection (2) of this section, as applicable and the basis for the12 |
---|
| 1857 | + | amounts to the administrator. and The administrator may require a13 |
---|
| 1858 | + | treasurer to provide additional information as necessary to evaluate the14 |
---|
| 1859 | + | accuracy of the amounts reported. The administrator shall confirm that the15 |
---|
| 1860 | + | reported amounts are correct or rectify the amounts, if necessary. The16 |
---|
| 1861 | + | administrator shall then forward the correct amounts for each A county to17 |
---|
| 1862 | + | the state treasurer to enable the state treasurer to issue a reimbursement18 |
---|
| 1863 | + | warrant to each A treasurer in accordance with subsection (4) of this19 |
---|
| 1864 | + | section.20 |
---|
| 1865 | + | (4) (a) (I) N |
---|
| 1866 | + | O LATER THAN APRIL 15, 2024, THE STATE TREASURER21 |
---|
| 1867 | + | SHALL ISSUE A WARRANT, TO BE PAID UPON DEMAND FROM ADDITIONAL22 |
---|
| 1868 | + | STATE REVENUES FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1,23 |
---|
| 1869 | + | 2022, |
---|
| 1870 | + | AND, IF NECESSARY, FROM OTHER MONEY IN THE GENERAL FUND , TO24 |
---|
| 1871 | + | EACH TREASURER THAT IS EQUAL TO THE TOTAL REIMBURSEMENT25 |
---|
| 1872 | + | AMOUNTS SET FORTH IN SUBSECTION (4.5) OF THIS SECTION FOR ALL26 |
---|
| 1873 | + | LOCAL GOVERNMENTAL ENTITIES WITHIN THE TREASURER 'S COUNTY FOR27 |
---|
| 1874 | + | 303 |
---|
| 1875 | + | -53- THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2023. 1 |
---|
| 1876 | + | (II) N |
---|
| 1877 | + | O LATER THAN APRIL 15, 2025, AND APRIL 15 OF THE NEXT2 |
---|
| 1878 | + | EIGHT YEARS THEREAFTER , THE STATE TREASURER SHALL ISSUE A3 |
---|
| 1879 | + | WARRANT, TO BE PAID UPON DEMAND FIRST FROM THE FUND , AND, IF4 |
---|
| 1880 | + | NECESSARY, FROM STATE REVENUES IN THE PROPOSITION HH GENERAL5 |
---|
| 1881 | + | FUND EXEMPT |
---|
| 1882 | + | ACCOUNT, TO EACH TREASURER THAT IS EQUAL TO THE6 |
---|
| 1883 | + | TOTAL REIMBURSEMENT AMOUNTS SET FORTH IN SUBSECTION (4.5) OF7 |
---|
| 1884 | + | THIS SECTION FOR ALL LOCAL GOVERNMENTAL ENTITIES WITHIN THE8 |
---|
| 1885 | + | TREASURER'S COUNTY FOR THE PRIOR PROPERTY TAX YEAR .9 |
---|
| 1886 | + | (b) Each treasurer shall distribute the total amount received from10 |
---|
| 1887 | + | the state treasurer to the local governmental entities, excluding school11 |
---|
| 1888 | + | districts, within the treasurer's county as if the revenues had been12 |
---|
| 1889 | + | regularly paid as property tax, but so that the local governmental entities13 |
---|
| 1890 | + | only receive the amounts determined pursuant to subsection (4)(a) of this14 |
---|
| 1891 | + | section. 15 |
---|
| 1892 | + | (4.5) (a) E |
---|
| 1893 | + | XCEPT AS SET FORTH IN SUBSECTIONS |
---|
| 1894 | + | (4.5)(b), (4.5)(c),16 |
---|
| 1895 | + | AND (4.5)(d) OF THIS SECTION, THE REIMBURSEMENT FOR A LOCAL17 |
---|
| 1896 | + | GOVERNMENTAL ENTITY FOR A PROPERTY TAX YEAR COMMENCING ON OR18 |
---|
| 1897 | + | AFTER JANUARY 1, 2023, BUT BEFORE JANUARY 1, 2033, IS EQUAL TO:19 |
---|
| 1898 | + | (I) F |
---|
| 1899 | + | OR COUNTIES WITH A POPULATION THAT IS THREE HUNDRED20 |
---|
| 1900 | + | THOUSAND OR LESS:21 |
---|
2027 | | - | INETY PERCENT OF THE TOTAL PROPERTY TAX REVENUE |
---|
2028 | | - | REDUCTION FOR EACH MUNICIPALITY OR SELECT SPECIAL DISTRICT THAT HAD |
---|
2029 | | - | AN INCREASE OF TEN PERCENT OR MORE IN THE ASSESSED VALUE OF REAL |
---|
2030 | | - | PROPERTY FROM THE PROPERTY TAX YEAR COMMENCING ON |
---|
2031 | | - | JANUARY 1, |
---|
2032 | | - | 2022, |
---|
2033 | | - | TO THE PROPERTY TAX YEAR FOR WHICH THE REIMBURSEMENT IS |
---|
2034 | | - | BEING CALCULATED |
---|
2035 | | - | ; AND |
---|
2036 | | - | (C) SIXTY-FIVE PERCENT OF THE TOTAL PROPERTY TAX REVENUE |
---|
2037 | | - | REDUCTION FOR ALL LOCAL GOVERNMENTAL ENTITIES BESIDES A |
---|
2038 | | - | PAGE 40-SENATE BILL 23-303 MUNICIPALITY OR A SELECT SPECIAL DISTRICT. |
---|
2039 | | - | (b) (I) E |
---|
2040 | | - | XCEPT AS SET FORTH IN SUBSECTION (4.5)(b)(II) OF THIS |
---|
2041 | | - | SECTION |
---|
2042 | | - | , FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER JANUARY |
---|
2043 | | - | 1, 2024, A LOCAL GOVERNMENTAL ENTITY IS INELIGIBLE TO RECEIVE |
---|
2044 | | - | REIMBURSEMENT UNDER THIS SECTION IF |
---|
2045 | | - | : |
---|
2046 | | - | (A) T |
---|
2047 | | - | HE LOCAL GOVERNMENTAL ENTITY HAS AN INCREASE OF |
---|
2048 | | - | TWENTY PERCENT OR MORE IN THE ASSESSED VALUE OF REAL PROPERTY |
---|
2049 | | - | FROM THE PROPERTY TAX YEAR COMMENCING ON |
---|
2050 | | - | JANUARY 1, 2022, TO THE |
---|
2051 | | - | PROPERTY TAX YEAR FOR WHICH A REIMBURSEMENT AMOUNT IS |
---|
2052 | | - | CALCULATED |
---|
2053 | | - | ; OR |
---|
2054 | | - | (B) THE LOCAL GOVERNMENTAL ENTITY IS WITHIN A COUNTY THAT |
---|
2055 | | - | HAS A POPULATION GREATER THAN THREE HUNDRED THOUSAND AND WAS |
---|
2056 | | - | INELIGIBLE TO RECEIVE A REIMBURSEMENT UNDER SUBSECTION |
---|
2057 | | - | (4.5)(b)(I)(A) OF THIS SECTION FOR A PRIOR PROPERTY TAX YEAR . |
---|
2058 | | - | (II) T |
---|
2059 | | - | HE REIMBURSEMENT FOR A FIRE DISTRICT , HEALTH SERVICE |
---|
2060 | | - | DISTRICT |
---|
2061 | | - | , OR AMBULANCE DISTRICT THAT WOULD OTHERWISE BE INELIGIBLE |
---|
2062 | | - | TO RECEIVE A REIMBURSEMENT BASED ON SUBSECTION |
---|
2063 | | - | (4.5)(b)(I) OF THIS |
---|
2064 | | - | SECTION IS EQUAL TO FIFTY PERCENT OF THE DISTRICT |
---|
2065 | | - | 'S TOTAL PROPERTY |
---|
2066 | | - | TAX REVENUE REDUCTION FOR THE PROPERTY TAX YEAR |
---|
2067 | | - | . |
---|
2068 | | - | (c) (I) F |
---|
2069 | | - | OR A PROPERTY TAX YEAR COMMENCING ON OR AFTER |
---|
2070 | | - | JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2033, THE TOTAL OF ALL |
---|
2071 | | - | REIMBURSEMENTS STATEWIDE UNDER THIS SECTION SHALL NOT EXCEED THE |
---|
2072 | | - | TOTAL OF THE AMOUNT IN THE FUND AND AN AMOUNT EQUAL TO TWENTY |
---|
2073 | | - | PERCENT OF THE AMOUNT IN THE PROPOSITION |
---|
2074 | | - | HH GENERAL FUND EXEMPT |
---|
2075 | | - | ACCOUNT AS OF THE DATE THAT THE TREASURER IS MAKING THE |
---|
2076 | | - | REIMBURSEMENTS |
---|
2077 | | - | . |
---|
| 1928 | + | INETY PERCENT OF THE TOTAL PROPERTY TAX REVENUE15 |
---|
| 1929 | + | REDUCTION FOR EACH MUNICIPALITY OR SELECT SPECIAL DISTRICT THAT16 |
---|
| 1930 | + | HAD AN INCREASE OF TEN PERCENT OR MORE IN THE ASSESSED VALUE OF17 |
---|
| 1931 | + | REAL PROPERTY FROM THE PROPERTY TAX YEAR COMMENCING ON18 |
---|
| 1932 | + | J |
---|
| 1933 | + | ANUARY 1, 2022, TO THE PROPERTY TAX YEAR FOR WHICH THE19 |
---|
| 1934 | + | REIMBURSEMENT IS BEING CALCULATED ; AND20 |
---|
| 1935 | + | (C) S |
---|
| 1936 | + | IXTY-FIVE PERCENT OF THE TOTAL PROPERTY TAX REVENUE21 |
---|
| 1937 | + | REDUCTION FOR ALL LOCAL GOVERNMENTAL ENTITIES BESIDES A22 |
---|
| 1938 | + | MUNICIPALITY OR A SELECT SPECIAL DISTRICT.23 |
---|
| 1939 | + | (b) (I) EXCEPT AS SET FORTH IN SUBSECTION (4.5)(b)(II) OF THIS24 |
---|
| 1940 | + | SECTION, FOR PROPERTY TAX YEARS COMMENCING ON AND AFTER25 |
---|
| 1941 | + | J |
---|
| 1942 | + | ANUARY 1, 2024, A LOCAL GOVERNMENTAL ENTITY IS INELIGIBLE TO26 |
---|
| 1943 | + | RECEIVE REIMBURSEMENT UNDER THIS SECTION IF :27 |
---|
| 1944 | + | 303 |
---|
| 1945 | + | -55- (A) THE LOCAL GOVERNMENTAL ENTITY HAS AN INCREASE OF1 |
---|
| 1946 | + | TWENTY PERCENT OR MORE IN THE ASSESSED VALUE OF REAL PROPERTY2 |
---|
| 1947 | + | FROM THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2022, TO3 |
---|
| 1948 | + | THE PROPERTY TAX YEAR FOR WHICH A REIMBURSEMENT AMOUNT IS4 |
---|
| 1949 | + | CALCULATED; OR5 |
---|
| 1950 | + | (B) THE LOCAL GOVERNMENTAL ENTITY IS WITHIN A COUNTY THAT6 |
---|
| 1951 | + | HAS A POPULATION GREATER THAN THREE HUNDRED THOUSAND AND WAS7 |
---|
| 1952 | + | INELIGIBLE TO RECEIVE A REIMBURSEMENT UNDER SUBSECTION8 |
---|
| 1953 | + | (4.5)(b)(I)(A) OF THIS SECTION FOR A PRIOR PROPERTY TAX YEAR .9 |
---|
| 1954 | + | (II) THE REIMBURSEMENT FOR A FIRE DISTRICT, HEALTH SERVICE10 |
---|
| 1955 | + | DISTRICT, OR AMBULANCE DISTRICT THAT WOULD OTHERWISE BE11 |
---|
| 1956 | + | INELIGIBLE TO RECEIVE A REIMBURSEMENT BASED ON SUBSECTION12 |
---|
| 1957 | + | (4.5)(b)(I) OF THIS SECTION IS EQUAL TO FIFTY PERCENT OF THE DISTRICT'S13 |
---|
| 1958 | + | TOTAL PROPERTY TAX REVENUE REDUCTION FOR THE PROPERTY TAX YEAR .14 |
---|
| 1959 | + | (c) (I) FOR A PROPERTY TAX YEAR COMMENCING ON OR AFTER15 |
---|
| 1960 | + | JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2033, THE TOTAL OF ALL16 |
---|
| 1961 | + | REIMBURSEMENTS STATEWIDE UNDER THIS SECTION SHALL NOT EXCEED17 |
---|
| 1962 | + | THE TOTAL OF THE AMOUNT IN THE FUND AND AN AMOUNT EQUAL TO18 |
---|
| 1963 | + | TWENTY PERCENT OF THE AMOUNT IN THE PROPOSITION HH GENERAL19 |
---|
| 1964 | + | FUND EXEMPT ACCOUNT AS OF THE DATE THAT THE TREASURER IS MAKING20 |
---|
| 1965 | + | THE REIMBURSEMENTS.21 |
---|
2099 | | - | GOVERNMENTAL ENTITY |
---|
2100 | | - | 'S REIMBURSEMENT AS NECESSARY TO AVOID THE |
---|
2101 | | - | LOCAL GOVERNMENTAL ENTITY EXCEEDING ITS FISCAL YEAR SPENDING LIMIT |
---|
2102 | | - | UNDER SECTION |
---|
2103 | | - | 20 (7)(b) OF ARTICLE X OF THE STATE CONSTITUTION FOR |
---|
2104 | | - | THE FISCAL YEAR |
---|
2105 | | - | . |
---|
2106 | | - | (d) I |
---|
2107 | | - | F A LOCAL GOVERNMENTAL ENTITY HAS AN INCREASE OF |
---|
2108 | | - | TWENTY PERCENT OR MORE IN THE ASSESSED VALUE OF REAL PROPERTY |
---|
2109 | | - | FROM THE PROPERTY TAX YEAR COMMENCING ON |
---|
2110 | | - | JANUARY 1, 2022, TO THE |
---|
2111 | | - | PROPERTY TAX YEAR COMMENCING ON |
---|
2112 | | - | JANUARY 1, 2023, THEN, FOR THE |
---|
2113 | | - | REIMBURSEMENT FOR THE PROPERTY TAX YEAR COMMENCING ON |
---|
2114 | | - | JANUARY |
---|
2115 | | - | 1, 2023, THE LOCAL GOVERNMENTAL ENTITY 'S TOTAL PROPERTY TAX |
---|
2116 | | - | REVENUE REDUCTION IS BASED ONLY ON THE TEMPORARY REDUCTIONS IN |
---|
2117 | | - | VALUATION FOR ASSESSMENT MADE IN |
---|
2118 | | - | SENATE BILL 22-238, ENACTED IN |
---|
2119 | | - | 2022. |
---|
2120 | | - | (e) T |
---|
2121 | | - | HE REIMBURSEMENT AMOUNTS SET FORTH IN THIS SECTION ARE |
---|
2122 | | - | BASED ON THE AMOUNTS THAT THE ADMINISTRATOR REPORTS TO THE |
---|
2123 | | - | TREASURER IN ACCORDANCE WITH SUBSECTION |
---|
2124 | | - | (3) OF THIS SECTION. FOR |
---|
2125 | | - | PURPOSES OF THIS SUBSECTION |
---|
2126 | | - | (4.5), POPULATION IS DETERMINED PURSUANT |
---|
2127 | | - | TO THE MOST RECENTLY PUBLISHED POPULATION ESTIMATES FROM THE |
---|
2128 | | - | STATE DEMOGRAPHER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE |
---|
2129 | | - | DEPARTMENT OF LOCAL AFFAIRS |
---|
2130 | | - | . |
---|
2131 | | - | (f) I |
---|
2132 | | - | F A LOCAL GOVERNMENTAL ENTITY IS LOCATED IN MORE THAN |
---|
2133 | | - | ONE COUNTY |
---|
2134 | | - | , THEN THE PART LOCATED IN EACH COUNTY IS TREATED LIKE |
---|
2135 | | - | ANY OTHER LOCAL GOVERNMENTAL ENTITY LOCATED WITHIN THE COUNTY |
---|
2136 | | - | FOR THE PURPOSE OF DETERMINING THE REIMBURSEMENT AMOUNT UNDER |
---|
2137 | | - | SUBSECTION |
---|
2138 | | - | (4.5)(a) OF THIS SECTION, BUT, FOR THE PURPOSE OF APPLYING |
---|
2139 | | - | SUBSECTION |
---|
2140 | | - | (4.5)(b) OF THIS SECTION, THE ENTIRE LOCAL GOVERNMENTAL |
---|
2141 | | - | ENTITY IS CONSIDERED |
---|
2142 | | - | . |
---|
2143 | | - | (5) On or before March 21, 2024, based on the information available |
---|
2144 | | - | as of that date, the property tax administrator shall submit a report to the |
---|
2145 | | - | general assembly describing the aggregate reduction of local government |
---|
2146 | | - | TOTAL property tax revenue during REDUCTION FOR ALL LOCAL |
---|
2147 | | - | PAGE 42-SENATE BILL 23-303 GOVERNMENTAL ENTITIES STATEWIDE FOR the property tax year |
---|
2148 | | - | commencing on January 1, 2023. as a result of the changes made in Senate |
---|
2149 | | - | Bill 22-238, enacted in 2022, that reduced valuations for assessment set |
---|
2150 | | - | forth pursuant to sections 39-1-104 (1)(b) and (1.8)(b), 39-1-104.2 (3)(q)(II) |
---|
2151 | | - | and (3)(r)(II), and 39-3-104.3 (2). |
---|
2152 | | - | (5.5) (a) THE LOCAL GOVERNMENT BACKFILL CASH FUND IS HEREBY |
---|
2153 | | - | CREATED IN THE STATE TREASURY |
---|
2154 | | - | . THE FUND CONSISTS OF MONEY |
---|
2155 | | - | TRANSFERRED TO THE FUND IN ACCORDANCE WITH SUBSECTION |
---|
2156 | | - | (5.5)(b) OF |
---|
2157 | | - | THIS SECTION |
---|
2158 | | - | . THE STATE TREASURER SHALL CREDIT ALL INTEREST AND |
---|
2159 | | - | INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE |
---|
2160 | | - | LOCAL GOVERNMENT BACKFILL CASH FUND TO THE FUND |
---|
2161 | | - | . |
---|
| 1982 | + | 6 |
---|
| 1983 | + | GOVERNMENTAL ENTITY 'S REIMBURSEMENT AS NECESSARY TO AVOID THE7 |
---|
| 1984 | + | LOCAL GOVERNMENTAL ENTITY EXCEEDING ITS FISCAL YEAR SPENDING8 |
---|
| 1985 | + | LIMIT UNDER SECTION 20 (7)(b) OF ARTICLE X OF THE STATE9 |
---|
| 1986 | + | CONSTITUTION FOR THE FISCAL YEAR.10 |
---|
| 1987 | + | (d) IF A LOCAL GOVERNMENTAL ENTITY HAS AN INCREASE OF11 |
---|
| 1988 | + | TWENTY PERCENT OR MORE IN THE ASSESSED VALUE OF REAL PROPERTY12 |
---|
| 1989 | + | FROM THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2022, TO13 |
---|
| 1990 | + | THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2023, THEN, FOR14 |
---|
| 1991 | + | THE REIMBURSEMENT FOR THE PROPERTY TAX YEAR COMMENCING ON15 |
---|
| 1992 | + | JANUARY 1, 2023, THE LOCAL GOVERNMENTAL ENTITY'S TOTAL PROPERTY16 |
---|
| 1993 | + | TAX REVENUE REDUCTION IS BASED ONLY ON THE TEMPORARY17 |
---|
| 1994 | + | REDUCTIONS IN VALUATION FOR ASSESSMENT MADE IN SENATE BILL18 |
---|
| 1995 | + | 22-238, ENACTED IN 2022.19 |
---|
| 1996 | + | (e) THE REIMBURSEMENT AMOUNTS SET FORTH IN THIS SECTION20 |
---|
| 1997 | + | ARE BASED ON THE AMOUNTS THAT THE ADMINISTRATOR REPORTS TO THE21 |
---|
| 1998 | + | TREASURER IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION. FOR22 |
---|
| 1999 | + | PURPOSES OF THIS SUBSECTION (4.5), POPULATION IS DETERMINED23 |
---|
| 2000 | + | PURSUANT TO THE MOST RECENTLY PUBLISHED POPULATION ESTIMATES24 |
---|
| 2001 | + | FROM THE STATE DEMOGRAPHER APPOINTED BY THE EXECUTIVE DIRECTOR25 |
---|
| 2002 | + | OF THE DEPARTMENT OF LOCAL AFFAIRS .26 |
---|
| 2003 | + | (f) IF A LOCAL GOVERNMENTAL ENTITY IS LOCATED IN MORE THAN27 |
---|
| 2004 | + | 303 |
---|
| 2005 | + | -57- ONE COUNTY, THEN THE PART LOCATED IN EACH COUNTY IS TREATED LIKE1 |
---|
| 2006 | + | ANY OTHER LOCAL GOVERNMENTAL ENTITY LOCATED WITHIN THE C OUNTY2 |
---|
| 2007 | + | FOR THE PURPOSE OF DETERMINING THE REIMBURSEMENT AM OUNT UNDER3 |
---|
| 2008 | + | SUBSECTION (4.5)(a) OF THIS SECTION, BUT, FOR THE PURPOSE OF4 |
---|
| 2009 | + | APPLYING SUBSECTION (4.5)(b) OF THIS SECTION, THE ENTIRE LOCAL5 |
---|
| 2010 | + | GOVERNMENTAL ENTITY IS CONSIDERED .6 |
---|
| 2011 | + | (5) On or before March 21, 2024, based on the information7 |
---|
| 2012 | + | available as of that date, the property tax administrator shall submit a8 |
---|
| 2013 | + | report to the general assembly describing the aggregate reduction of local9 |
---|
| 2014 | + | government TOTAL property tax revenue during REDUCTION FOR ALL10 |
---|
| 2015 | + | LOCAL GOVERNMENTAL ENTITIES STATEWIDE FOR the property tax year11 |
---|
| 2016 | + | commencing on January 1, 2023. as a result of the changes made in12 |
---|
| 2017 | + | Senate Bill 22-238, enacted in 2022, that reduced valuations for13 |
---|
| 2018 | + | assessment set forth pursuant to sections 39-1-104 (1)(b) and (1.8)(b),14 |
---|
| 2019 | + | 39-1-104.2 (3)(q)(II) and (3)(r)(II), and 39-3-104.3 (2).15 |
---|
| 2020 | + | (5.5) (a) T |
---|
| 2021 | + | HE LOCAL GOVERNMENT BACKFILL CASH FUND IS16 |
---|
| 2022 | + | HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF17 |
---|
| 2023 | + | MONEY TRANSFERRED TO THE FUND IN ACCORDANCE WITH SUBSECTION18 |
---|
| 2024 | + | (5.5)(b) |
---|
| 2025 | + | OF THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL19 |
---|
| 2026 | + | INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF20 |
---|
| 2027 | + | MONEY IN THE LOCAL GOVERNMENT BACKFILL CASH FUND TO THE FUND .21 |
---|
2219 | | - | EITHER the property tax exemptions for |
---|
2220 | | - | qualifying seniors and disabled veterans allowed under part 2 of article 3 of |
---|
2221 | | - | this title |
---|
2222 | | - | TITLE 39 OR THE PRIMARY RESIDENCE REAL PROPERTY OR |
---|
2223 | | - | QUALIFIED |
---|
2224 | | - | -SENIOR PRIMARY RESIDENCE REAL PROPERTY CLASSIFICATION |
---|
2225 | | - | FOR THE PROPERTY |
---|
2226 | | - | , shall provide to the property tax administrator |
---|
2227 | | - | information pertaining to the listed individuals, including their names, |
---|
2228 | | - | social security numbers, marital and income tax filing status, and residency |
---|
2229 | | - | status, needed by the administrator to verify that the exemption |
---|
2230 | | - | OR |
---|
2231 | | - | CLASSIFICATION |
---|
2232 | | - | is allowed only to applicants who satisfy legal requirements |
---|
2233 | | - | for claiming it. The administrator and the administrator's agents, clerks, and |
---|
2234 | | - | employees shall keep all information received from the executive director |
---|
2235 | | - | confidential, and any individual who fails to do so is guilty of a |
---|
2236 | | - | misdemeanor and subject to punishment as specified in subsection (6) of |
---|
2237 | | - | this section. |
---|
2238 | | - | SECTION 18. In Colorado Revised Statutes, 39-22-2002, add (5.5) |
---|
2239 | | - | PAGE 44-SENATE BILL 23-303 as follows: |
---|
2240 | | - | 39-22-2002. Fiscal years commencing on or after July 1, 1998 - |
---|
2241 | | - | state sales tax refund - authority of executive director - repeal. |
---|
2242 | | - | (5.5) (a) I |
---|
2243 | | - | N ADDITION TO THE CALCULATIONS OTHERWISE REQUIRED BY THIS |
---|
2244 | | - | SECTION |
---|
2245 | | - | , NO LATER THAN OCTOBER 1, 2023, THE EXECUTIVE DIRECTOR |
---|
2246 | | - | SHALL CALCULATE THE AMOUNT OF THE IDENTICAL INDIVI DUAL REFUND |
---|
2247 | | - | CALCULATED PURSUANT TO SUBSECTION |
---|
2248 | | - | (2)(a) OF THIS SECTION AND THE |
---|
2249 | | - | INCOME CLASSIFICATIONS AND THE AMOUNT OF THE REFUND ALLOWED FOR |
---|
2250 | | - | EACH INCOME CLASSIFICATION PURSUANT TO SECTION |
---|
2251 | | - | 39-22-2003 (3) FOR |
---|
2252 | | - | THE TAXABLE YEAR COMMENCING DURING THE FISCAL YEAR BASED ON THE |
---|
2253 | | - | AMOUNT OF EXCESS STATE REVENUES THAT WILL BE REF UNDED UNDER |
---|
2254 | | - | SECTION |
---|
2255 | | - | 39-3-210 WITH OR WITHOUT THE PROVISIONS OF SENATE BILL |
---|
2256 | | - | 23-303 TAKING EFFECT. |
---|
| 2081 | + | EITHER the property tax exemptions for10 |
---|
| 2082 | + | qualifying seniors and disabled veterans allowed under part 2 of article11 |
---|
| 2083 | + | 3 of this title |
---|
| 2084 | + | TITLE 39 OR THE PRIMARY RESIDENCE REAL PROPERTY OR12 |
---|
| 2085 | + | QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY CLASSIFICATION13 |
---|
| 2086 | + | FOR THE PROPERTY, shall provide to the property tax administrator14 |
---|
| 2087 | + | information pertaining to the listed individuals, including their names,15 |
---|
| 2088 | + | social security numbers, marital and income tax filing status, and16 |
---|
| 2089 | + | residency status, needed by the administrator to verify that the exemption17 |
---|
| 2090 | + | OR CLASSIFICATION is allowed only to applicants who satisfy legal18 |
---|
| 2091 | + | requirements for claiming it. The administrator and the administrator's19 |
---|
| 2092 | + | agents, clerks, and employees shall keep all information received from the20 |
---|
| 2093 | + | executive director confidential, and any individual who fails to do so is21 |
---|
| 2094 | + | guilty of a misdemeanor and subject to punishment as specified in22 |
---|
| 2095 | + | subsection (6) of this section.23 |
---|
| 2096 | + | SECTION 18. In Colorado Revised Statutes, 39-22-2002, add24 |
---|
| 2097 | + | (5.5) as follows:25 |
---|
| 2098 | + | 39-22-2002. Fiscal years commencing on or after July 1, 199826 |
---|
| 2099 | + | - state sales tax refund - authority of executive director - repeal.27 |
---|
| 2100 | + | 303 |
---|
| 2101 | + | -60- (5.5) (a) IN ADDITION TO THE CALCULATIONS OTHERWISE REQUIRED BY1 |
---|
| 2102 | + | THIS SECTION, NO LATER THAN OCTOBER 1, 2023, THE EXECUTIVE2 |
---|
| 2103 | + | DIRECTOR SHALL CALCULATE THE AMOUNT OF THE IDENTICAL INDIVIDUAL3 |
---|
| 2104 | + | REFUND CALCULATED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION4 |
---|
| 2105 | + | AND THE INCOME CLASSIFICATIONS AND THE AMOUNT OF THE REFUND5 |
---|
| 2106 | + | ALLOWED FOR EACH INCOME CLASSIFICATION PURSUANT TO SECTION6 |
---|
| 2107 | + | 39-22-2003 |
---|
| 2108 | + | (3) FOR THE TAXABLE YEAR COMMENCING DURING THE FISCAL7 |
---|
| 2109 | + | YEAR BASED ON THE AMOUNT OF EXCESS STATE REVENUES THAT WILL BE8 |
---|
| 2110 | + | REFUNDED UNDER SECTION 39-3-210 WITH OR WITHOUT THE PROVISIONS9 |
---|
| 2111 | + | OF THIS SENATE BILL 23-____ TAKING EFFECT.10 |
---|
2292 | | - | SECTION 21. In Colorado Revised Statutes, 39-10-104.5, amend |
---|
2293 | | - | (3)(a) as follows: |
---|
2294 | | - | 39-10-104.5. Payment dates - optional payment dates - failure to |
---|
2295 | | - | pay - delinquency. (3) (a) (I) If the first installment is not paid on or |
---|
2296 | | - | before the last day of February, then delinquent interest on the first |
---|
2297 | | - | installment shall accrue at the rate of one percent per month from the first |
---|
2298 | | - | day of March until the date of payment; except that, if payment of the first |
---|
2299 | | - | installment is made after the last day of February but not later than thirty |
---|
2300 | | - | days after the mailing by the treasurer of the tax statement, or true and |
---|
2301 | | - | actual notification of an electronic statement, pursuant to section 39-10-103 |
---|
2302 | | - | (1)(a), no such delinquent interest shall accrue. If the second installment is |
---|
2303 | | - | not paid by the fifteenth day of June, delinquent interest on the second |
---|
2304 | | - | installment shall accrue at the rate of one percent per month from the |
---|
2305 | | - | sixteenth day of June until the date of payment. Interest on the first |
---|
2306 | | - | installment shall continue to accrue at the same time that interest is accruing |
---|
2307 | | - | on the unpaid portion of the second installment. The taxpayer shall continue |
---|
2308 | | - | to have the option of paying delinquent property taxes in two equal |
---|
2309 | | - | installments until one day prior to the sale of the tax lien on such property |
---|
2310 | | - | pursuant to article 11 of this title. |
---|
2311 | | - | (II) (A) F |
---|
2312 | | - | OR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, |
---|
2313 | | - | 2023, |
---|
2314 | | - | DELINQUENT INTEREST DOES NOT ACCRUE IF PAYMENT OF THE FIRST |
---|
2315 | | - | INSTALLMENT IS MADE AFTER THE LAST DAY OF |
---|
2316 | | - | FEBRUARY BUT NOT LATER |
---|
2317 | | - | THAN FIFTEEN DAYS AFTER THE MAILING BY THE TREASURER OF THE TAX |
---|
2318 | | - | STATEMENT |
---|
2319 | | - | , OR TRUE AND ACTUAL NOTIFICATION OF AN ELECTRONIC |
---|
2320 | | - | STATEMENT |
---|
2321 | | - | , PURSUANT TO SECTION 39-10-103 (1). |
---|
2322 | | - | (B) T |
---|
2323 | | - | HIS SUBSECTION (3)(a)(II) IS REPEALED, EFFECTIVE JULY 1, |
---|
2324 | | - | 2025. |
---|
2325 | | - | SECTION 22. Appropriation. (1) For the 2023-24 state fiscal |
---|
2326 | | - | year, $62,426 is appropriated to the department of local affairs. This |
---|
2327 | | - | appropriation is from the general fund. To implement this act, the |
---|
2328 | | - | PAGE 46-SENATE BILL 23-303 department may use this appropriation for the purchase of information |
---|
2329 | | - | technology services. |
---|
2330 | | - | (2) For the 2023-24 state fiscal year, $62,426 is appropriated to the |
---|
2331 | | - | office of the governor for use by the office of information technology. This |
---|
2332 | | - | appropriation is from reappropriated funds received from the department of |
---|
2333 | | - | local affairs under subsection (1) of this section. To implement this act, the |
---|
2334 | | - | office may use this appropriation to provide information technology |
---|
2335 | | - | services for the department of local affairs. |
---|
2336 | | - | (3) For the 2023-24 state fiscal year, $94,162,222 is appropriated to |
---|
2337 | | - | the department of education. This appropriation is from the state education |
---|
2338 | | - | fund created in section 17 (4)(a) of article IX of the state constitution. To |
---|
2339 | | - | implement this act, the department may use this appropriation for the state |
---|
2340 | | - | share of districts' total program funding. |
---|
2341 | | - | SECTION 23. Effective date. (1) Except as otherwise provided in |
---|
2342 | | - | subsection (2) of this section, this act takes effect only if a majority of |
---|
2343 | | - | voters approve the ballot issue referred in accordance with section |
---|
2344 | | - | 24-77-202, Colorado Revised Statutes, enacted in section 3 of this act, and |
---|
2345 | | - | in which case this act takes effect on the date of the official declaration of |
---|
2346 | | - | the vote thereon by the governor. |
---|
2347 | | - | (2) Section 3, section 39-1-104.2 (3.7) enacted in section 9 of this |
---|
2348 | | - | bill, section 39-3-210 (1)(a.3), (1)(e), and (2.5) enacted or amended in |
---|
2349 | | - | section 14 of this act, section 18, this section 23, and section 24 of this act |
---|
2350 | | - | take effect upon passage. |
---|
2351 | | - | SECTION 24. Safety clause. The general assembly hereby finds, |
---|
2352 | | - | PAGE 47-SENATE BILL 23-303 determines, and declares that this act is necessary for the immediate |
---|
2353 | | - | preservation of the public peace, health, or safety. |
---|
2354 | | - | ____________________________ ____________________________ |
---|
2355 | | - | Steve Fenberg Julie McCluskie |
---|
2356 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
---|
2357 | | - | THE SENATE OF REPRESENTATIVES |
---|
2358 | | - | ____________________________ ____________________________ |
---|
2359 | | - | Cindi L. Markwell Robin Jones |
---|
2360 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
---|
2361 | | - | THE SENATE OF REPRESENTATIVES |
---|
2362 | | - | APPROVED________________________________________ |
---|
2363 | | - | (Date and Time) |
---|
2364 | | - | _________________________________________ |
---|
2365 | | - | Jared S. Polis |
---|
2366 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
2367 | | - | PAGE 48-SENATE BILL 23-303 |
---|
| 2146 | + | 7 |
---|
| 2147 | + | SECTION 21. In Colorado Revised Statutes, 39-10-104.5, amend8 |
---|
| 2148 | + | (3)(a) as follows:9 |
---|
| 2149 | + | 39-10-104.5. Payment dates - optional payment dates - failure10 |
---|
| 2150 | + | to pay - delinquency. (3) (a) (I) If the first installment is not paid on or11 |
---|
| 2151 | + | before the last day of February, then delinquent interest on the first12 |
---|
| 2152 | + | installment shall accrue at the rate of one percent per month from the first13 |
---|
| 2153 | + | day of March until the date of payment; except that, if payment of the first14 |
---|
| 2154 | + | installment is made after the last day of February but not later than thirty15 |
---|
| 2155 | + | days after the mailing by the treasurer of the tax statement, or true and16 |
---|
| 2156 | + | actual notification of an electronic statement, pursuant to section17 |
---|
| 2157 | + | 39-10-103 (1)(a), no such delinquent interest shall accrue. If the second18 |
---|
| 2158 | + | installment is not paid by the fifteenth day of June, delinquent interest on19 |
---|
| 2159 | + | the second installment shall accrue at the rate of one percent per month20 |
---|
| 2160 | + | from the sixteenth day of June until the date of payment. Interest on the21 |
---|
| 2161 | + | first installment shall continue to accrue at the same time that interest is22 |
---|
| 2162 | + | accruing on the unpaid portion of the second installment. The taxpayer23 |
---|
| 2163 | + | shall continue to have the option of paying delinquent property taxes in24 |
---|
| 2164 | + | two equal installments until one day prior to the sale of the tax lien on25 |
---|
| 2165 | + | such property pursuant to article 11 of this title.26 |
---|
| 2166 | + | (II) (A) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY27 |
---|
| 2167 | + | 303 |
---|
| 2168 | + | -62- 1, 2023, DELINQUENT INTEREST DOES NOT ACCRUE IF PAYMENT OF THE1 |
---|
| 2169 | + | FIRST INSTALLMENT IS MADE AFTER THE LAST DAY OF FEBRUARY BUT NOT2 |
---|
| 2170 | + | LATER THAN FIFTEEN DAYS AFTER THE MAILING BY THE TREASURER OF THE3 |
---|
| 2171 | + | TAX STATEMENT, OR TRUE AND ACTUAL NOTIFICATION OF AN ELECTRONIC4 |
---|
| 2172 | + | STATEMENT, PURSUANT TO SECTION 39-10-103 (1).5 |
---|
| 2173 | + | (B) THIS SUBSECTION (3)(a)(II) IS REPEALED, EFFECTIVE JULY 1,6 |
---|
| 2174 | + | 2025.7 |
---|
| 2175 | + | SECTION 22. Appropriation. (1) For the 2023-24 state fiscal8 |
---|
| 2176 | + | year, $62,426 is appropriated to the department of local affairs. This9 |
---|
| 2177 | + | appropriation is from the general fund. To implement this act, the10 |
---|
| 2178 | + | department may use this appropriation for the purchase of information11 |
---|
| 2179 | + | technology services.12 |
---|
| 2180 | + | (2) For the 2023-24 state fiscal year, $62,426 is appropriated to13 |
---|
| 2181 | + | the office of the governor for use by the office of information technology.14 |
---|
| 2182 | + | This appropriation is from reappropriated funds received from the15 |
---|
| 2183 | + | department of local affairs under subsection (1) of this section. To16 |
---|
| 2184 | + | implement this act, the office may use this appropriation to provide17 |
---|
| 2185 | + | information technology services for the department of local affairs.18 |
---|
| 2186 | + | (3) For the 2023-24 state fiscal year, $94,162,222 is appropriated19 |
---|
| 2187 | + | to the department of education. This appropriation is from the state20 |
---|
| 2188 | + | education fund created in section section 17 (4)(a) of article IX of the21 |
---|
| 2189 | + | state constitution. To implement this act, the department may use this22 |
---|
| 2190 | + | appropriation for the state share of districts' total program funding.23 |
---|
| 2191 | + | SECTION 23. Effective date. (1) Except as otherwise provided24 |
---|
| 2192 | + | in subsection (2) of this section, this act takes effect only if a majority of25 |
---|
| 2193 | + | voters approve the ballot issue referred in accordance with section26 |
---|
| 2194 | + | 24-77-202, Colorado Revised Statutes, enacted in section 3 of this act,27 |
---|
| 2195 | + | 303 |
---|
| 2196 | + | -63- and in which case this act takes effect on the date of the official1 |
---|
| 2197 | + | declaration of the vote thereon by the governor.2 |
---|
| 2198 | + | (2) Section 3, section 39-1-104.2 (3.7) enacted in section 9 of this3 |
---|
| 2199 | + | bill, section 39-3-210 (1)(a.3), (1)(e), and (2.5) enacted or amended in4 |
---|
| 2200 | + | section 14 of this act, section 18, this section 23, and section 24 of this act5 |
---|
| 2201 | + | take effect upon passage.6 |
---|
| 2202 | + | SECTION 24. Safety clause. The general assembly hereby finds,7 |
---|
| 2203 | + | determines, and declares that this act is necessary for the immediate8 |
---|
| 2204 | + | preservation of the public peace, health, or safety.9 |
---|
| 2205 | + | 303 |
---|
| 2206 | + | -64- |
---|