1 | 1 | | Second Extraordinary Session |
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2 | 2 | | Seventy-fourth General Assembly |
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3 | 3 | | STATE OF COLORADO |
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4 | 4 | | INTRODUCED |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | LLS NO. 24B-0002.01 Rebecca Bayetti x4348 |
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8 | 8 | | HOUSE BILL 24B-1002 |
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9 | 9 | | House Committees Senate Committees |
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10 | 10 | | Appropriations |
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11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING THE VALUATION FOR ASSESSMENT OF RESIDENTIAL REAL101 |
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14 | 14 | | PROPERTY, AND, IN CONNECTION THEREWITH , LIMITING TO102 |
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15 | 15 | | QUALIFIED PRIMARY RESIDENCE REAL PROPERTY THE EXISTING103 |
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16 | 16 | | REDUCTION IN THE VALUATION FOR ASSESSMENT OF ALL104 |
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17 | 17 | | RESIDENTIAL REAL PROPERTY BY THE LESSER OF TEN PERCENT105 |
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18 | 18 | | OF ITS ACTUAL VALUE OR SEVENTY THOUSAND DOLLARS .106 |
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19 | 19 | | Bill Summary |
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20 | 20 | | (Note: This summary applies to this bill as introduced and does |
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21 | 21 | | not reflect any amendments that may be subsequently adopted. If this bill |
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22 | 22 | | passes third reading in the house of introduction, a bill summary that |
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23 | 23 | | applies to the reengrossed version of this bill will be available at |
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24 | 24 | | http://leg.colorado.gov |
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25 | 25 | | .) |
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26 | 26 | | Contingent on Senate Bill 24-233 becoming law, the bill is |
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27 | 27 | | HOUSE SPONSORSHIP |
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28 | 28 | | Woodrow and Mabrey, |
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29 | 29 | | SENATE SPONSORSHIP |
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30 | 30 | | (None), |
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31 | 31 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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32 | 32 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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33 | 33 | | Dashes through the words or numbers indicate deletions from existing law. referred to the voters for their approval or rejection at the November 2025 |
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34 | 34 | | statewide election. Senate Bill 24-233 becomes law only if neither of the |
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35 | 35 | | following occur: |
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36 | 36 | | ! An initiative that reduces valuations for assessment is |
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37 | 37 | | approved by the people at the general election held on |
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38 | 38 | | November 5, 2024; and |
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39 | 39 | | ! An initiative that requires voter approval for retaining |
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40 | 40 | | property tax revenue that exceeds a limit is approved by the |
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41 | 41 | | people at the general election held on November 5, 2024. |
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42 | 42 | | If the bill is referred to the voters and approved, then for property |
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43 | 43 | | tax years commencing on or after January 1, 2026, it creates a new |
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44 | 44 | | subclass of residential real property called qualified primary residence |
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45 | 45 | | real property, which includes residential real property that, as of the |
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46 | 46 | | assessment date, is used as the primary residence of an owner-occupier, |
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47 | 47 | | as defined in the bill, if: |
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48 | 48 | | ! The owner-occupier applies to the county assessor for the |
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49 | 49 | | classification in the manner required by the bill; |
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50 | 50 | | ! The circumstances that qualify the property for the |
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51 | 51 | | classification have not changed since the filing of the |
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52 | 52 | | application; and |
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53 | 53 | | ! The property is not classified as qualified-senior primary |
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54 | 54 | | residence real property for the current property tax year. |
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55 | 55 | | The bill modifies the residential property valuation for the purpose |
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56 | 56 | | of a levy imposed by a local governmental entity, enacted in Senate Bill |
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57 | 57 | | 24-233, so that the reduction in valuation for assessment of the lesser of |
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58 | 58 | | 10% of the actual value of the property or $70,000, as adjusted for |
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59 | 59 | | inflation, applies only to real property classified as qualified primary |
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60 | 60 | | residence real property. |
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61 | 61 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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62 | 62 | | SECTION 1. In Colorado Revised Statutes, 39-1-104.2, add2 |
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63 | 63 | | (1)(e) as follows:3 |
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64 | 64 | | 39-1-104.2. Residential real property - valuation for4 |
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65 | 65 | | assessment - legislative declaration - definitions. (1) As used in this5 |
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66 | 66 | | section, unless the context otherwise requires:6 |
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67 | 67 | | (e) "Q |
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68 | 68 | | UALIFIED PRIMARY RESIDENCE REAL PROPERTY " MEANS7 |
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69 | 69 | | PROPERTY THAT IS CLASSIFIED AS SUCH UNDER SECTION 39-1-104.8.8 |
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70 | 70 | | SECTION 2. In Colorado Revised Statutes, 39-1-104.2, as9 |
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71 | 71 | | HB24B-1002-2- effective upon the date of the governor's proclamation for the general1 |
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72 | 72 | | election held on November 5, 2024, only if neither of the following occur:2 |
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73 | 73 | | An initiative that reduces valuations for assessment is approved by the3 |
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74 | 74 | | people at the general election held on November 5, 2024; An initiative4 |
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75 | 75 | | that requires voter approval for retaining property tax revenue that5 |
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76 | 76 | | exceeds a limit is approved by the people at the general election held on6 |
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77 | 77 | | November 5, 2024, amend (3)(u)(I) introductory portion, (3)(u)(I)(A),7 |
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78 | 78 | | and (3)(u)(II); and add (3)(u)(I.5) as follows:8 |
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79 | 79 | | 39-1-104.2. Residential real property - valuation for9 |
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80 | 80 | | assessment - legislative declaration - definitions. (3) (u) (I) For10 |
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81 | 81 | | property tax years commencing on or after January 1, 2026, the valuation11 |
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82 | 82 | | for assessment for all residential real property other than qualified-senior12 |
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83 | 83 | | primary residence real property |
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84 | 84 | | AND QUALIFIED PRIMARY RESIDENCE REAL13 |
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85 | 85 | | PROPERTY is:14 |
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86 | 86 | | (A) For the purpose of a levy imposed by a local governmental15 |
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87 | 87 | | entity, 6.95 percent of the amount equal to the actual value of the16 |
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88 | 88 | | property; minus the lesser of ten percent of the actual value of the |
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89 | 89 | | 17 |
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90 | 90 | | property or seventy thousand dollars as increased for inflation in the first18 |
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91 | 91 | | year of each subsequent reassessment cycle; and19 |
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92 | 92 | | (I.5) F |
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93 | 93 | | OR PROPERTY TAX YEARS COMMENCING ON OR AFTER20 |
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94 | 94 | | J |
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95 | 95 | | ANUARY 1, 2026, THE VALUATION FOR ASSESSMENT FOR QUALIFIED21 |
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96 | 96 | | PRIMARY RESIDENCE REAL PROPERTY IS :22 |
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97 | 97 | | (A) F |
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98 | 98 | | OR THE PURPOSE OF A LEVY IMPOSED BY A LOCAL23 |
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99 | 99 | | GOVERNMENTAL ENTITY , 6.95 PERCENT OF THE AMOUNT EQUAL TO THE24 |
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100 | 100 | | ACTUAL VALUE OF THE PROPERTY MINUS THE LESSER OF TEN PERCENT OF25 |
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101 | 101 | | THE ACTUAL VALUE OF THE PROPERTY OR SEVENTY THOUSAND DOLLARS26 |
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102 | 102 | | AS INCREASED FOR INFLATION IN THE FIRST YEAR OF EACH SUBSEQUENT27 |
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103 | 103 | | HB24B-1002 |
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104 | 104 | | -3- REASSESSMENT CYCLE; AND1 |
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105 | 105 | | (B) F |
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106 | 106 | | OR THE PURPOSE OF A LEVY IMPOSED BY A SCHOOL DISTRICT ,2 |
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107 | 107 | | 7.15 |
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108 | 108 | | PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE3 |
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109 | 109 | | PROPERTY; EXCEPT THAT THE VALUATION FOR ASSESSMENT FOR THE4 |
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110 | 110 | | PURPOSE OF A LEVY IMPOSED BY A SCHOOL DISTRICT MAY BE5 |
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111 | 111 | | TEMPORARILY REDUCED FOR A PROPERTY TAX YEAR AS SET FORTH IN6 |
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112 | 112 | | SECTION 39-1-104.7.7 |
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113 | 113 | | (II) For reassessment cycles commencing on or after January 1,8 |
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114 | 114 | | 2027, the property tax |
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115 | 115 | | administrator shall publish the inflation adjusted9 |
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116 | 116 | | value used to calculate the valuation for assessment pursuant to10 |
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117 | 117 | | subsection (3)(u)(I)(A) SUBSECTION (3)(u)(I.5)(A) of this section.11 |
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118 | 118 | | SECTION 3. In Colorado Revised Statutes, add 39-1-104.8 as12 |
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119 | 119 | | follows:13 |
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120 | 120 | | 39-1-104.8. Qualified primary residence real property -14 |
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121 | 121 | | valuation for assessment - definitions. (1) Definitions. A |
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122 | 122 | | S USED IN THIS15 |
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123 | 123 | | SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :16 |
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124 | 124 | | (a) (I) "O |
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125 | 125 | | WNER-OCCUPIER" MEANS AN INDIVIDUAL WHO:17 |
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126 | 126 | | (A) I |
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127 | 127 | | S AN OWNER OF RECORD OF RESIDENTIAL REAL PROPERTY18 |
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128 | 128 | | THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL 'S PRIMARY19 |
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129 | 129 | | RESIDENCE;20 |
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130 | 130 | | (B) I |
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131 | 131 | | S NOT AN OWNER OF RECORD OF THE RESIDENTIAL REAL21 |
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132 | 132 | | PROPERTY THAT THE INDIVIDUAL OCCUPIES AS THE INDIVI DUAL 'S PRIMARY22 |
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133 | 133 | | RESIDENCE, BUT EITHER IS A SPOUSE OR CIVIL UNION PARTNER OF AN23 |
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134 | 134 | | OWNER OF RECORD OF THE RESIDENTIAL REAL PROPERTY AND WHO ALSO24 |
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135 | 135 | | OCCUPIES THE RESIDENTIAL REAL PROPERTY AS THE OWNER OF RECORD 'S25 |
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136 | 136 | | PRIMARY RESIDENCE, OR IS THE SURVIVING SPOUSE OR PARTNER OF AN26 |
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137 | 137 | | INDIVIDUAL WHO WAS AN OWNER OF RECORD OF THE RESIDENTIAL REAL27 |
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138 | 138 | | HB24B-1002 |
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139 | 139 | | -4- PROPERTY AND WHO OCCUPIED THE RESIDENTIAL REAL PROPERTY WITH1 |
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140 | 140 | | THE SURVIVING SPOUSE OR PARTNER AS THEIR PRIMARY RESIDENCE UNTIL2 |
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141 | 141 | | THE OWNER OF RECORD'S DEATH;3 |
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142 | 142 | | (C) I |
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143 | 143 | | S NOT AN OWNER OF RECORD OF THE RESIDENTIAL REAL4 |
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144 | 144 | | PROPERTY THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL 'S PRIMARY5 |
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145 | 145 | | RESIDENCE, ONLY BECAUSE THE PROPERTY HAS BEEN PURCHASED BY OR6 |
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146 | 146 | | TRANSFERRED TO A TRUST, A CORPORATE PARTNERSHIP, OR ANY OTHER7 |
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147 | 147 | | LEGAL ENTITY SOLELY FOR ESTATE PLANNING PURPOSES AND IS THE8 |
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148 | 148 | | MAKER OF THE TRUST OR A PRINCIPAL OF THE CORPORATE PARTNERSHIP OR9 |
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149 | 149 | | OTHER LEGAL ENTITY;10 |
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150 | 150 | | (D) O |
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151 | 151 | | CCUPIES RESIDENTIAL REAL PROPERTY AS THE INDIVIDUAL 'S11 |
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152 | 152 | | PRIMARY RESIDENCE AND IS THE SPOUSE OR CIVIL UNION PARTNER OF AN12 |
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153 | 153 | | INDIVIDUAL WHO ALSO OCCUPIES THE RESIDENTIAL REAL PROPERTY , WHO13 |
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154 | 154 | | IS NOT THE OWNER OF RECORD OF THE PROPERTY ONLY BECAUSE THE14 |
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155 | 155 | | PROPERTY HAS BEEN PURCHASED BY OR TRANSFERRED TO A TRUST , A15 |
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156 | 156 | | CORPORATE PARTNERSHIP , OR ANY OTHER LEGAL ENTITY SOLELY FOR16 |
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157 | 157 | | ESTATE PLANNING PURPOSES, AND WHO IS THE MAKER OF THE TRUST OR A17 |
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158 | 158 | | PRINCIPAL OF THE CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY ; OR18 |
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159 | 159 | | (E) O |
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160 | 160 | | CCUPIES RESIDENTIAL REAL PROPERTY AS THE INDIVIDUAL 'S19 |
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161 | 161 | | PRIMARY RESIDENCE AND IS THE SURVIVING SPOUSE OR PARTNER OF AN20 |
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162 | 162 | | INDIVIDUAL WHO OCCUPIED THE RESIDENTIAL REAL PROPERTY WITH THE21 |
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163 | 163 | | SURVIVING SPOUSE OR PARTNER UNTIL THE INDIVIDUAL 'S DEATH, WHO22 |
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164 | 164 | | WAS NOT THE OWNER OF RECORD OF THE PROPERTY AT THE TIME OF THE23 |
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165 | 165 | | INDIVIDUAL'S DEATH ONLY BECAUSE THE PROPERTY HAD BEEN PURCHASED24 |
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166 | 166 | | BY OR TRANSFERRED TO A TRUST , A CORPORATE PARTNERSHIP, OR ANY25 |
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167 | 167 | | OTHER LEGAL ENTITY SOLELY FOR ESTATE PLANNING PURPOSES PRIOR TO26 |
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168 | 168 | | THE INDIVIDUAL'S DEATH, AND WHO WAS THE MAKER OF THE TRUST OR A27 |
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169 | 169 | | HB24B-1002 |
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170 | 170 | | -5- PRINCIPAL OF THE CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY1 |
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171 | 171 | | PRIOR TO THE INDIVIDUAL'S DEATH.2 |
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172 | 172 | | (II) "O |
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173 | 173 | | WNER-OCCUPIER" ALSO INCLUDES ANY INDIVIDUAL WHO ,3 |
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174 | 174 | | BUT FOR THE CONFINEMENT OF THE INDIVIDUAL TO A HOSPITAL , NURSING4 |
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175 | 175 | | HOME, OR ASSISTED LIVING FACILITY, WOULD OCCUPY THE RESIDENTIAL5 |
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176 | 176 | | REAL PROPERTY AS THE INDIVIDUAL 'S PRIMARY RESIDENCE AND WOULD6 |
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177 | 177 | | MEET ONE OR MORE OF THE OWNERSHIP CRITERIA SPECIFIED IN7 |
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178 | 178 | | SUBSECTION (1)(a)(I) OF THIS SECTION, IF THE RESIDENTIAL REAL8 |
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179 | 179 | | PROPERTY:9 |
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180 | 180 | | (A) I |
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181 | 181 | | S TEMPORARILY UNOCCUPIED ; OR10 |
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182 | 182 | | (B) I |
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183 | 183 | | S OCCUPIED BY THE SPOUSE, THE CIVIL UNION PARTNER, OR A11 |
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184 | 184 | | FINANCIAL DEPENDENT OF THE INDIVIDUAL .12 |
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185 | 185 | | (b) "O |
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186 | 186 | | WNER OF RECORD" MEANS AN INDIVIDUAL WHOSE NAME13 |
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187 | 187 | | APPEARS ON A VALID RECORDED DEED TO RESIDENTIAL REAL PROPERTY AS14 |
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188 | 188 | | AN OWNER OF THE PROPERTY.15 |
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189 | 189 | | (c) "S |
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190 | 190 | | URVIVING SPOUSE OR PARTNER" MEANS AN INDIVIDUAL WHO16 |
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191 | 191 | | WAS LEGALLY MARRIED TO ANOTHER INDIVIDUAL , OR WAS A PARTNER IN17 |
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192 | 192 | | A CIVIL UNION WITH ANOTHER INDIVIDUAL , AT THE TIME OF THE OTHER18 |
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193 | 193 | | INDIVIDUAL'S DEATH AND WHO HAS NOT REMARRIED OR ENTERED INTO19 |
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194 | 194 | | ANOTHER CIVIL UNION.20 |
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195 | 195 | | (2) Classification. (a) F |
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196 | 196 | | OR PROPERTY TAX YEARS COMMENCING21 |
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197 | 197 | | ON OR AFTER JANUARY 1, 2026, RESIDENTIAL REAL PROPERTY THAT AS OF22 |
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198 | 198 | | THE ASSESSMENT DATE IS USED AS THE PRIMARY RESIDENCE OF AN23 |
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199 | 199 | | OWNER-OCCUPIER IS CLASSIFIED AS QUALIFIED PRIMARY RESIDENCE REAL24 |
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200 | 200 | | PROPERTY, WHICH IS A SUBCLASS OF RESIDENTIAL REAL PROPERTY , IF:25 |
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201 | 201 | | (I) T |
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202 | 202 | | HE OWNER-OCCUPIER COMPLETES AND FILES AN APPLICATION26 |
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203 | 203 | | IN THE MANNER REQUIRED BY SUBSECTION (3) OF THIS SECTION;27 |
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204 | 204 | | HB24B-1002 |
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205 | 205 | | -6- (II) THE CIRCUMSTANCES THAT QUALIFY THE PROPERTY FOR THE1 |
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206 | 206 | | CLASSIFICATION HAVE NOT CHANGED SINCE THE FILING OF THE2 |
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207 | 207 | | APPLICATION; AND3 |
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208 | 208 | | (III) T |
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209 | 209 | | HE PROPERTY IS NOT CLASSIFIED AS QUALIFIED -SENIOR4 |
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210 | 210 | | PRIMARY RESIDENCE REAL PROPERTY PURSUANT TO SECTION 39-1-104.65 |
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211 | 211 | | FOR THE CURRENT PROPERTY TAX YEAR .6 |
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212 | 212 | | (b) U |
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213 | 213 | | NDER NO CIRCUMSTANCES IS THE CLASSIFICATION AS7 |
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214 | 214 | | QUALIFIED PRIMARY RESIDENCE REAL PROPERTY ALLOWED FOR PROPERTY8 |
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215 | 215 | | TAXES ASSESSED DURING ANY PROPERTY TAX YEAR PRIOR TO THE YEAR IN9 |
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216 | 216 | | WHICH AN OWNER-OCCUPIER FIRST FILES AN APPLICATION IN THE MANNER10 |
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217 | 217 | | REQUIRED BY SUBSECTION (3) OF THIS SECTION. IF OWNERSHIP OF11 |
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218 | 218 | | RESIDENTIAL REAL PROPERTY THAT QUALIFIED AS QUALIFIED PRIMARY12 |
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219 | 219 | | RESIDENCE REAL PROPERTY AS OF THE ASSESSMENT DATE CHANGES AFTER13 |
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220 | 220 | | THE ASSESSMENT DATE, THE CLASSIFICATION IS ALLOWED ONLY IF AN14 |
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221 | 221 | | OWNER-OCCUPIER WHOSE STATUS AS AN OWNER -OCCUPIER QUALIFIES THE15 |
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222 | 222 | | PROPERTY FOR THE CLASSIFICATION HAS FILED AN APPLICATION BY THE16 |
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223 | 223 | | DEADLINE SPECIFIED IN SUBSECTION (3)(a) OF THIS SECTION.17 |
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224 | 224 | | (c) I |
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225 | 225 | | F AN INDIVIDUAL OWNS AND OCCUPIES A DWELLING UNIT IN A18 |
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226 | 226 | | COMMON INTEREST COMMUNITY , AS DEFINED IN SECTION 38-33.3-103 (8),19 |
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227 | 227 | | AS THE INDIVIDUAL'S PRIMARY RESIDENCE, ONLY THE DWELLING UNIT20 |
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228 | 228 | | THAT THE INDIVIDUAL OCCUPIES AS THE INDIVIDUAL 'S PRIMARY21 |
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229 | 229 | | RESIDENCE MAY QUALIFY AS QUALIFIED PRIMARY RESIDENCE REAL22 |
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230 | 230 | | PROPERTY.23 |
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231 | 231 | | (d) F |
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232 | 232 | | OR PURPOSES OF THIS SUBSECTION (2), TWO INDIVIDUALS WHO24 |
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233 | 233 | | ARE LEGALLY MARRIED OR ARE CIVIL UNION PARTNERS BUT WHO OWN25 |
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234 | 234 | | MORE THAN ONE PARCEL OF RESIDENTIAL REAL PROPERTY ARE DEEMED TO26 |
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235 | 235 | | OCCUPY THE SAME PRIMARY RESIDENCE , AND ONLY THAT PROPERTY MAY27 |
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236 | 236 | | HB24B-1002 |
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237 | 237 | | -7- BE CLASSIFIED AS QUALIFIED PRIMARY RESIDENCE REAL PROPERTY . IF AN1 |
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238 | 238 | | INDIVIDUAL IS AN OWNER-OCCUPIER OF A RESIDENTIAL REAL PROPERTY2 |
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239 | 239 | | AND AN OWNER OF RECORD ON ANOTHER PROPERTY ALONG WITH A3 |
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240 | 240 | | MEMBER OF THE INDIVIDUAL 'S FAMILY OTHER THAN THE INDIVIDUAL 'S4 |
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241 | 241 | | SPOUSE OR CIVIL UNION PARTNER, THEN THE OTHER FAMILY MEMBER MAY5 |
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242 | 242 | | BE AN OWNER-OCCUPIER OF THE OTHER PROPERTY .6 |
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243 | 243 | | (3) Applications. (a) F |
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244 | 244 | | OR A PROPERTY TO BE CLASSIFIED AS7 |
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245 | 245 | | QUALIFIED PRIMARY RESIDENCE REAL PROPERTY , AN INDIVIDUAL MUST8 |
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246 | 246 | | FILE WITH THE ASSESSOR A COMPLETED APPLICATION NO LATER THAN9 |
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247 | 247 | | M |
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248 | 248 | | ARCH 15 OF THE FIRST PROPERTY TAX YEAR FOR WHICH THE10 |
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249 | 249 | | CLASSIFICATION IS SOUGHT. AN APPLICATION RETURNED BY MAIL IS11 |
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250 | 250 | | DEEMED FILED ON THE DATE IT IS POSTMARKED .12 |
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251 | 251 | | (b) (I) A |
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252 | 252 | | N APPLICANT MUST COMPLETE AN APPLICATION FOR13 |
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253 | 253 | | PROPERTY TO BE CLASSIFIED AS QUALIFIED PRIMARY RESIDENCE REAL14 |
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254 | 254 | | PROPERTY ON A FORM PRESCRIBED BY THE ADMINISTRATOR THAT15 |
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255 | 255 | | INCLUDES THE FOLLOWING INFORMATION :16 |
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256 | 256 | | (A) T |
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257 | 257 | | HE APPLICANT'S NAME, MAILING ADDRESS, AND SOCIAL17 |
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258 | 258 | | SECURITY NUMBER;18 |
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259 | 259 | | (B) T |
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260 | 260 | | HE ADDRESS AND SCHEDULE OR PARCEL NUMBER OF THE19 |
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261 | 261 | | PROPERTY;20 |
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262 | 262 | | (C) T |
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263 | 263 | | HE NAME AND SOCIAL SECURITY NUMBER OF THE APPLICANT 'S21 |
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264 | 264 | | SPOUSE OR CIVIL UNION PARTNER WHO OCCUPIES THE PROPERTY AS THE22 |
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265 | 265 | | SPOUSE OR CIVIL UNION PARTNER'S PRIMARY RESIDENCE;23 |
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266 | 266 | | (D) I |
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267 | 267 | | F A TRUST IS THE OWNER OF RECORD OF THE PROPERTY , THE24 |
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268 | 268 | | NAMES OF THE MAKER OF THE TRUST , THE TRUSTEE, AND THE25 |
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269 | 269 | | BENEFICIARIES OF THE TRUST;26 |
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270 | 270 | | (E) I |
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271 | 271 | | F A CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY IS THE27 |
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272 | 272 | | HB24B-1002 |
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273 | 273 | | -8- OWNER OF RECORD OF THE PROPERTY , THE NAMES OF THE PRINCIPALS OR1 |
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274 | 274 | | THE CORPORATE PARTNERSHIP OR OTHER LEGAL ENTITY ;2 |
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275 | 275 | | (F) A |
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276 | 276 | | N AFFIRMATION, IN A FORM PRESCRIBED BY THE3 |
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277 | 277 | | ADMINISTRATOR, THAT THE APPLICANT BELIEVES, UNDER PENALTY OF4 |
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278 | 278 | | PERJURY IN THE SECOND DEGREE AS DEFINED IN SECTION 18-8-503, THAT5 |
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279 | 279 | | ALL INFORMATION PROVIDED BY THE APPLICANT IS CORRECT ; AND6 |
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280 | 280 | | (G) A |
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281 | 281 | | NY OTHER INFORMATION THAT THE ADMINISTRATOR7 |
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282 | 282 | | REASONABLY DEEMS NECESSARY .8 |
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283 | 283 | | (II) T |
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284 | 284 | | HE ADMINISTRATOR SHALL ALSO INCLUDE IN THE9 |
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285 | 285 | | APPLICATION A STATEMENT THAT AN APPLICANT OR , IF APPLICABLE, THE10 |
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286 | 286 | | TRUSTEE HAS A LEGAL OBLIGATION TO INFORM THE ASSESSOR WITHIN11 |
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287 | 287 | | SIXTY DAYS OF ANY CHANGE IN THE OWNERSHIP OR OCCUPANCY OF THE12 |
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288 | 288 | | RESIDENTIAL REAL PROPERTY FOR WHICH CLASSIFICATION AS QUALIFIED13 |
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289 | 289 | | PRIMARY RESIDENCE REAL PROPERTY HAS BEEN APPLIED FOR OR ALLOWED14 |
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290 | 290 | | THAT WOULD PREVENT THE CLASSIFICATION FROM BEING ALLOWED FOR15 |
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291 | 291 | | THE PROPERTY.16 |
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292 | 292 | | (4) Penalties. (a) I |
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293 | 293 | | N ADDITION TO ANY PENALTIES PRESCRIBED BY17 |
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294 | 294 | | LAW FOR PERJURY IN THE SECOND DEGREE , AN APPLICANT WHO18 |
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295 | 295 | | KNOWINGLY PROVIDES FALSE INFORMATION ON AN APPLICATION OR19 |
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296 | 296 | | ATTEMPTS TO CLAIM MORE THAN ONE PROPERTY AS QUALIFIED PRIMARY20 |
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297 | 297 | | RESIDENCE REAL PROPERTY FOR THE SAME PROPERTY TAX YEAR SHALL :21 |
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298 | 298 | | (I) N |
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299 | 299 | | OT BE ABLE TO CLAIM THE PROPERTY AS QUALIFIED PRIMARY22 |
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300 | 300 | | RESIDENCE REAL PROPERTY FOR THE PROPERTY TAX YEAR ;23 |
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301 | 301 | | (II) P |
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302 | 302 | | AY, TO THE TREASURER OF A COUNTY IN WHICH THE24 |
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303 | 303 | | PROPERTY WAS IMPROPERLY CLASSIFIED AS QUALIFIED PRIMARY25 |
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304 | 304 | | RESIDENCE REAL PROPERTY DUE TO THE PROVISION BY THE APPLICANT OF26 |
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305 | 305 | | FALSE INFORMATION OR THE FILING OF MORE THAN ONE APPLICATION , AN27 |
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306 | 306 | | HB24B-1002 |
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307 | 307 | | -9- AMOUNT EQUAL TO THE AMOUNT OF PROPERTY TAXES NOT PAID AS A1 |
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308 | 308 | | RESULT OF THE IMPROPER CLASSIFICATION AS QUALIFIED PRIMARY2 |
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309 | 309 | | RESIDENCE REAL PROPERTY; AND3 |
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310 | 310 | | (III) U |
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311 | 311 | | PON CONVICTION OF PERJURY, BE REQUIRED TO PAY TO THE4 |
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312 | 312 | | TREASURER OF ANY COUNTY IN WHICH AN INVALID APPLICATION WAS5 |
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313 | 313 | | FILED AN ADDITIONAL AM OUNT EQUAL TO TWICE THE AMOUNT OF THE6 |
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314 | 314 | | PROPERTY TAXES IDENTIFIED IN SUBSECTION (4)(a)(II) OF THIS SECTION7 |
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315 | 315 | | PLUS INTEREST, CALCULATED AT THE ANNUAL RATE SPECIFIED IN SECTION8 |
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316 | 316 | | 39-21-110.5 |
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317 | 317 | | FROM THE DATE THE INVALID APPLICATION WAS FILED UNTIL9 |
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318 | 318 | | THE DATE THE APPLICANT MAKES THE PAYMENT REQUIRED BY THIS10 |
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319 | 319 | | SUBSECTION (4)(a)(III).11 |
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320 | 320 | | (b) I |
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321 | 321 | | F AN APPLICANT OR A TRUSTEE FAILS TO INFORM THE12 |
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322 | 322 | | ASSESSOR WITHIN SIXTY DAYS OF ANY CHANGE IN THE OWNERSHIP OR13 |
---|
323 | 323 | | OCCUPANCY OF RESIDENTIAL REAL PROPERTY FOR WHICH CLASSIFICATION14 |
---|
324 | 324 | | AS A QUALIFIED PRIMARY RESIDENCE REAL PROPERTY HAS BEEN APPLIED15 |
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325 | 325 | | FOR OR ALLOWED THAT WOULD PREVENT THE CLASSIFICATION FROM BEING16 |
---|
326 | 326 | | ALLOWED FOR THE PROPERTY AS REQUIRED BY SUBSECTION (3)(b) OF THIS17 |
---|
327 | 327 | | SECTION:18 |
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328 | 328 | | (I) T |
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329 | 329 | | HE CLASSIFICATION IS NOT ALLOWED WITH RESPECT TO THE19 |
---|
330 | 330 | | RESIDENTIAL REAL PROPERTY FOR THE SUBSEQUENT PROPERTY TAX YEAR ;20 |
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331 | 331 | | AND21 |
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332 | 332 | | (II) T |
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333 | 333 | | HE APPLICANT OR TRUSTEE SHALL PAY , TO THE TREASURER22 |
---|
334 | 334 | | OF ANY COUNTY IN WHICH THE CLASSIFICATION WAS IMPROPERLY23 |
---|
335 | 335 | | ALLOWED DUE TO THE APPLICANT 'S OR TRUSTEE'S FAILURE TO24 |
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336 | 336 | | IMMEDIATELY INFORM THE ASSESSOR OF ANY CHANGE IN THE OWNERSHIP25 |
---|
337 | 337 | | OR OCCUPANCY OF RESIDENTIAL REAL PROPERTY , AN AMOUNT EQUAL TO26 |
---|
338 | 338 | | THE AMOUNT OF PROPERTY TAXES NOT PAID AS A RESULT OF THE27 |
---|
339 | 339 | | HB24B-1002 |
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340 | 340 | | -10- IMPROPER CLASSIFICATION AS QUALIFIED PRIMARY RESIDENCE REAL1 |
---|
341 | 341 | | PROPERTY PLUS INTEREST, CALCULATED AT THE ANNUAL RATE SPECIFIED2 |
---|
342 | 342 | | IN SECTION 39-21-110.5 FROM THE DATE ON WHICH THE CHANGE IN THE3 |
---|
343 | 343 | | OWNERSHIP OR OCCUPANCY OCCURRED UNTIL THE DATE THE APPLICANT4 |
---|
344 | 344 | | MAKES THE PAYMENT REQUIRED BY THIS SUBSECTION (4)(b)(II).5 |
---|
345 | 345 | | (c) A |
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346 | 346 | | NY AMOUNT REQUIRED TO BE PAID TO A TREASURER6 |
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347 | 347 | | PURSUANT TO SUBSECTION (4)(a) OR (4)(b) OF THIS SECTION IS DEEMED7 |
---|
348 | 348 | | PART OF THE LIEN OF GENERAL TAXES IMPOSED ON THE PERSON REQUIRED8 |
---|
349 | 349 | | TO PAY THE AMOUNT AND HAS THE PRIORITY SPECIFIED IN SECTION9 |
---|
350 | 350 | | 39-1-107 |
---|
351 | 351 | | (2).10 |
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352 | 352 | | (5) Confidentiality. (a) C |
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353 | 353 | | OMPLETED APPLICATIONS FOR11 |
---|
354 | 354 | | CLASSIFICATION AS QUALIFIED PRIMARY RESIDENCE REAL PROPERTY ARE12 |
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355 | 355 | | CONFIDENTIAL; EXCEPT THAT:13 |
---|
356 | 356 | | (I) (A) A |
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357 | 357 | | N ASSESSOR OR THE ADMINISTRATOR MAY RELEASE14 |
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358 | 358 | | STATISTICAL COMPILATIONS OR INFORMATIONAL SUMMARIES OF ANY15 |
---|
359 | 359 | | INFORMATION CONTAINED IN THE APPLICATIONS AND SHALL PROVIDE A16 |
---|
360 | 360 | | COPY OF AN APPLICATION TO THE APPLICANT WHO RETURNED THE17 |
---|
361 | 361 | | APPLICATION AND TO THE TREASURER OF THE SAME COUNTY AS THE18 |
---|
362 | 362 | | ASSESSOR; AND19 |
---|
363 | 363 | | (B) A |
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364 | 364 | | N ASSESSOR OR THE ADMINISTRATOR MAY INTRODUCE A20 |
---|
365 | 365 | | COPY OF AN APPLICATION AS EVIDENCE IN ANY ADMINISTRATIVE HEARING21 |
---|
366 | 366 | | OR LEGAL PROCEEDING IN WHICH THE ACCURACY OR VERACITY OF THE22 |
---|
367 | 367 | | APPLICATION IS AT ISSUE SO LONG AS NEITHER THE APPLICANT 'S SOCIAL23 |
---|
368 | 368 | | SECURITY NUMBER NOR ANY OTHER SOCIAL SECURITY NUMBER SET FORTH24 |
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369 | 369 | | IN THE APPLICATION IS DIVULGED;25 |
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370 | 370 | | (II) A |
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371 | 371 | | TREASURER SHALL KEEP CONFIDENTIAL EACH INDIVIDUAL26 |
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372 | 372 | | APPLICATION RECEIVED FROM AN ASSESSOR BUT MAY RELEASE27 |
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373 | 373 | | HB24B-1002 |
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374 | 374 | | -11- STATISTICAL COMPILATIONS OR INFORMATIONAL SUMMARIES OF ANY1 |
---|
375 | 375 | | INFORMATION CONTAINED IN APPLICATIONS AND MAY INTRODUCE A COPY2 |
---|
376 | 376 | | OF AN APPLICATION AS EVIDENCE IN ANY ADMINISTRATIVE HEARING OR3 |
---|
377 | 377 | | LEGAL PROCEEDING IN WHICH THE ACCURACY OR VERACITY OF THE4 |
---|
378 | 378 | | APPLICATION IS AT ISSUE SO LONG AS NEITHER THE APPLICANT 'S SOCIAL5 |
---|
379 | 379 | | SECURITY NUMBER NOR ANY OTHER SOCIAL SECURITY NUMBER SET FORTH6 |
---|
380 | 380 | | IN THE APPLICATION IS DIVULGED; AND7 |
---|
381 | 381 | | (III) T |
---|
382 | 382 | | HE ADMINISTRATOR MAY SHARE INFORMATION CONTAINED8 |
---|
383 | 383 | | IN AN APPLICATION FOR CLASSIFICATION OF REAL PROPERTY AS QUALIFIED9 |
---|
384 | 384 | | PRIMARY RESIDENCE REAL PROPERTY , INCLUDING ANY SOCIAL SECURITY10 |
---|
385 | 385 | | NUMBER SET FORTH IN THE APPLICATION , WITH THE DEPARTMENT OF11 |
---|
386 | 386 | | REVENUE TO THE EXTENT NECESSARY TO ENABLE THE ADMINISTRATOR TO12 |
---|
387 | 387 | | VERIFY THAT THE APPLICANT SATISFIES LEGAL REQUIREMENTS FOR THE13 |
---|
388 | 388 | | CLASSIFICATION.14 |
---|
389 | 389 | | (b) N |
---|
390 | 390 | | OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a) OF15 |
---|
391 | 391 | | THIS SECTION, THE ADMINISTRATOR, AN ASSESSOR, OR A TREASURER16 |
---|
392 | 392 | | SHALL NOT GIVE ANY OTHER PERSON ANY LISTING OF APPLICANTS OR ANY17 |
---|
393 | 393 | | OTHER INFORMATION THAT WOULD ENABLE A PERSON TO EASILY18 |
---|
394 | 394 | | ASSEMBLE A MAILING LIST OF APPLICANTS FOR THE QUALIFIED PRIMARY19 |
---|
395 | 395 | | RESIDENCE REAL PROPERTY CLASSIFICATION .20 |
---|
396 | 396 | | (6) Notice. (a) A |
---|
397 | 397 | | S SOON AS PRACTICABLE AFTER JANUARY 1, 2026,21 |
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398 | 398 | | AND AFTER JANUARY 1 OF EACH YEAR THEREAFTER , EACH COUNTY22 |
---|
399 | 399 | | TREASURER SHALL, AT THE TREASURER 'S DISCRETION, MAIL OR23 |
---|
400 | 400 | | ELECTRONICALLY SEND TO EACH PERSON WHOSE NAME APPEARS ON THE24 |
---|
401 | 401 | | TAX LIST AND WARRANT AS AN OWNER OF RESIDENTIAL REAL PROPERTY25 |
---|
402 | 402 | | NOTICE OF THE QUALIFIED PRIMARY RESIDENCE REAL PROPERTY26 |
---|
403 | 403 | | CLASSIFICATION. THE TREASURER SHALL MAIL OR ELECTRONICALLY SEND27 |
---|
404 | 404 | | HB24B-1002 |
---|
405 | 405 | | -12- THE NOTICE EACH YEAR ON OR BEFORE THE DATE ON WHICH THE1 |
---|
406 | 406 | | TREASURER MAILS THE PROPERTY TAX STATEMENT FOR THE PREVIOUS2 |
---|
407 | 407 | | PROPERTY TAX YEAR PURSUANT TO SECTION 39-10-103. THE3 |
---|
408 | 408 | | ADMINISTRATOR SHALL PRESCRIBE THE FORM OF THE NOTICE , WHICH MUST4 |
---|
409 | 409 | | INCLUDE A STATEMENT OF THE ELIGIBILITY CRITERIA FOR QUALIFIED5 |
---|
410 | 410 | | PRIMARY RESIDENCE REAL PROPERTY CLASSIFICATION , INSTRUCTIONS FOR6 |
---|
411 | 411 | | OBTAINING A RELATED APPLICATION , AND AN EXPLANATION OF THE7 |
---|
412 | 412 | | DIFFERENCES BETWEEN THIS CLASSIFICATION AND OTHER PROPERTY8 |
---|
413 | 413 | | CLASSIFICATIONS OR TAX EXEMPTIONS , INCLUDING THE CLASSIFICATION9 |
---|
414 | 414 | | FOR QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY DESCRIBED10 |
---|
415 | 415 | | IN SECTION 39-1-104.6 AND THE PROPERTY TAX EXEMPTIONS ALLOWED BY11 |
---|
416 | 416 | | SECTION 39-3-203.12 |
---|
417 | 417 | | (b) T |
---|
418 | 418 | | O REDUCE MAILING COSTS, AN ASSESSOR MAY COORDINATE13 |
---|
419 | 419 | | WITH THE TREASURER OF THE SAME COUNTY TO INCLUDE NOTICE WITH THE14 |
---|
420 | 420 | | TAX STATEMENT FOR THE PREVIOUS PROPERTY TAX YEAR MAILED15 |
---|
421 | 421 | | PURSUANT TO SECTION 39-10-103, OR MAY INCLUDE NOTICE WITH THE16 |
---|
422 | 422 | | NOTICE OF VALUATION MAILED PURSUANT TO SECTION 39-5-121 (1)(a).17 |
---|
423 | 423 | | (7) Notice of classification - appeal. (a) (I) E |
---|
424 | 424 | | XCEPT AS18 |
---|
425 | 425 | | OTHERWISE PROVIDED IN SUBSECTION (7)(b) OF THIS SECTION, AN19 |
---|
426 | 426 | | ASSESSOR SHALL ONLY CLASSIFY PROPERTY AS QUALIFIED PRIMARY20 |
---|
427 | 427 | | RESIDENCE REAL PROPERTY IF AN APPLICANT HAS TIMELY RETURNED AN21 |
---|
428 | 428 | | APPLICATION IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION22 |
---|
429 | 429 | | THAT ESTABLISHES THAT THE CLASSIFICATION IS APPROPRIATE .23 |
---|
430 | 430 | | (II) I |
---|
431 | 431 | | F THE INFORMATION PROVIDED ON OR WITH AN APPLICATION24 |
---|
432 | 432 | | INDICATES THAT THE APPLICANT IS NOT ENTITLED TO THE CLASSIFICATION ,25 |
---|
433 | 433 | | OR IS INSUFFICIENT TO ALLOW THE ASSESSOR TO DETERMINE WHETHER THE26 |
---|
434 | 434 | | PROPERTY MEETS THE CLASSIFICATION , THE ASSESSOR SHALL DENY THE27 |
---|
435 | 435 | | HB24B-1002 |
---|
436 | 436 | | -13- APPLICATION AND MAIL TO THE APPLICANT A STATEMENT PROVIDING THE1 |
---|
437 | 437 | | REASONS FOR THE DENIAL AND INFORMING THE APPLICANT OF THE2 |
---|
438 | 438 | | APPLICANT'S RIGHT TO CONTEST THE DENIAL PURSUANT TO SUBSECTION3 |
---|
439 | 439 | | (7)(b) |
---|
440 | 440 | | OF THIS SECTION. THE ASSESSOR SHALL MAIL THE STATEMENT NO4 |
---|
441 | 441 | | LATER THAN AUGUST 1 OF THE PROPERTY TAX YEAR FOR WHICH THE5 |
---|
442 | 442 | | APPLICATION WAS FILED.6 |
---|
443 | 443 | | (b) (I) A |
---|
444 | 444 | | N APPLICANT WHOSE APPLICATION HAS BEEN DENIED MAY7 |
---|
445 | 445 | | CONTEST THE DENIAL BY REQUESTING A HEARING BEFORE THE COUNTY8 |
---|
446 | 446 | | COMMISSIONERS SITTING AS THE COUNTY BOARD OF EQUALIZATION NO9 |
---|
447 | 447 | | LATER THAN AUGUST 15 OF THE PROPERTY TAX YEAR FOR WHICH THE10 |
---|
448 | 448 | | APPLICATION WAS FILED. THE HEARING SHALL BE HELD ON OR AFTER11 |
---|
449 | 449 | | A |
---|
450 | 450 | | UGUST 1 AND NO LATER THAN SEPTEMBER 1 OF THE PROPERTY TAX YEAR12 |
---|
451 | 451 | | FOR WHICH THE APPLICATION WAS FILED , AND THE DECISION OF THE13 |
---|
452 | 452 | | COUNTY BOARD OF EQUALIZATION IS NOT SUBJECT TO FURTHER14 |
---|
453 | 453 | | ADMINISTRATIVE APPEAL BY EITHER THE APPLICANT OR THE ASSESSOR .15 |
---|
454 | 454 | | (II) A |
---|
455 | 455 | | N INDIVIDUAL WHO HAS NOT TIMELY FILED AN APPLICATION16 |
---|
456 | 456 | | WITH THE ASSESSOR BY MARCH 15 MAY FILE A LATE APPLICATION NO17 |
---|
457 | 457 | | LATER THAN THE JULY 15 THAT IMMEDIATELY FOLLOWS THAT DEADLINE .18 |
---|
458 | 458 | | T |
---|
459 | 459 | | HE ASSESSOR SHALL ACCEPT ANY SUCH APPLICATION BUT MAY NOT19 |
---|
460 | 460 | | ACCEPT ANY LATE APPLICATION FILED AFTER JULY 15. A DECISION OF AN20 |
---|
461 | 461 | | ASSESSOR TO DISALLOW THE FILING OF A LATE APPLICATION AFTER JULY21 |
---|
462 | 462 | | 15 |
---|
463 | 463 | | OR TO GRANT OR DENY THE CLASSIFICATION TO AN APPLICANT WHO HAS22 |
---|
464 | 464 | | FILED A LATE APPLICATION AFTER MARCH 15 BUT NO LATER THAN JULY 1523 |
---|
465 | 465 | | IS FINAL, AND AN APPLICANT WHO IS DENIED LATE FILING OR24 |
---|
466 | 466 | | CLASSIFICATION OF PROPERTY AS QUALIFIED PRIMARY RESIDENCE REAL25 |
---|
467 | 467 | | PROPERTY MAY NOT CONTEST THE DENIAL .26 |
---|
468 | 468 | | (III) T |
---|
469 | 469 | | HE COUNTY BOARD OF EQUALIZATION MAY APPOINT27 |
---|
470 | 470 | | HB24B-1002 |
---|
471 | 471 | | -14- INDEPENDENT REFEREES TO CONDUCT HEARINGS REQUESTED PURSUANT1 |
---|
472 | 472 | | TO SUBSECTION (7)(b)(I) OF THIS SECTION ON BEHALF OF THE COUNTY2 |
---|
473 | 473 | | BOARD AND TO MAKE FINDINGS AND SUBMIT RECOMMENDATIONS TO THE3 |
---|
474 | 474 | | COUNTY BOARD FOR ITS FINAL ACTION .4 |
---|
475 | 475 | | (8) Reporting to administrator. (a) N |
---|
476 | 476 | | O LATER THAN SEPTEMBER5 |
---|
477 | 477 | | 10, |
---|
478 | 478 | | 2026, AND SEPTEMBER 10 OF EACH YEAR THEREAFTER , EACH6 |
---|
479 | 479 | | ASSESSOR SHALL FORWARD TO THE ADMINISTRATOR A REPORT ON THE7 |
---|
480 | 480 | | RESIDENTIAL REAL PROPERTY IN THE ASSESSOR'S COUNTY THAT QUALIFIES8 |
---|
481 | 481 | | FOR CLASSIFICATION AS QUALIFIED PRIMARY RESIDENCE REAL PROPERTY9 |
---|
482 | 482 | | FOR THE CURRENT PROPERTY TAX YEAR . FOR EACH UNIT OF RESIDENTIAL10 |
---|
483 | 483 | | REAL PROPERTY, THE REPORT MUST INCLUDE:11 |
---|
484 | 484 | | (I) T |
---|
485 | 485 | | HE LEGAL DESCRIPTION OF THE PROPERTY ;12 |
---|
486 | 486 | | (II) T |
---|
487 | 487 | | HE SCHEDULE OR PARCEL NUMBER FOR THE PROPERTY ;13 |
---|
488 | 488 | | (III) T |
---|
489 | 489 | | HE NAME AND SOCIAL SECURITY NUMBER OF THE APPLICANT14 |
---|
490 | 490 | | WHO CLAIMED THE CLASSIFICATION FOR THE PROPERTY AND , IF15 |
---|
491 | 491 | | APPLICABLE, THE APPLICANT'S SPOUSE OR CIVIL UNION PARTNER WHO16 |
---|
492 | 492 | | OCCUPIES THE PROPERTY;17 |
---|
493 | 493 | | (IV) A |
---|
494 | 494 | | STATEMENT OF WHAT THE VALUATION FOR ASSESSMENT OF18 |
---|
495 | 495 | | THE PROPERTY WOULD BE IF IT HAD NOT QUALIFIED AS QUALIFIED PRIMARY19 |
---|
496 | 496 | | RESIDENCE REAL PROPERTY AND THE VALUATION FOR ASSESSMENT OF THE20 |
---|
497 | 497 | | PROPERTY AS QUALIFIED PRIMARY RESIDENCE REAL PROPERTY ; AND21 |
---|
498 | 498 | | (V) A |
---|
499 | 499 | | NY OTHER INFORMATION THAT THE ADMINISTRATOR22 |
---|
500 | 500 | | REASONABLY DEEMS NECESSARY .23 |
---|
501 | 501 | | (b) (I) T |
---|
502 | 502 | | HE ADMINISTRATOR SHALL EXAMINE THE REPORTS SENT24 |
---|
503 | 503 | | BY EACH ASSESSOR PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION TO25 |
---|
504 | 504 | | ENSURE THAT NO APPLICANT HAS APPLIED FOR A QUALIFIED PRIMARY26 |
---|
505 | 505 | | RESIDENCE REAL PROPERTY CLASSIFICATION WITHOUT MEETING ALL27 |
---|
506 | 506 | | HB24B-1002 |
---|
507 | 507 | | -15- LEGAL REQUIREMENTS FOR OBTAINING THE CLASSIFICATION . NO LATER1 |
---|
508 | 508 | | THAN NOVEMBER 1, 2026, AND NOVEMBER 1 OF EACH YEAR THEREAFTER,2 |
---|
509 | 509 | | IF THE ADMINISTRATOR DETERMINES THAT AN APPLICANT HAS APPLIED3 |
---|
510 | 510 | | FOR MORE THAN ONE PROPERTY TO BE CLASSIFIED AS QUALIFIED PRIMARY4 |
---|
511 | 511 | | RESIDENCE REAL PROPERTY , THE ADMINISTRATOR SHALL PROVIDE5 |
---|
512 | 512 | | WRITTEN NOTICE TO THE APPLICANT THAT THE APPLICANT HAS APPLIED6 |
---|
513 | 513 | | FOR MORE THAN ONE SUCH CLASSIFICATION AND IS THEREFORE NOT7 |
---|
514 | 514 | | ENTITLED TO THE CLASSIFICATION FOR ANY PROPERTY . IF THE8 |
---|
515 | 515 | | ADMINISTRATOR DETERMINES THAT THE APPLICANT AND THE APPLICANT 'S9 |
---|
516 | 516 | | SPOUSE OR CIVIL UNION PARTNER HAVE APPLIED FOR SEPARATE10 |
---|
517 | 517 | | PROPERTIES TO BE CLASSIFIED AS QUALIFIED PRIMARY RESIDENCE REAL11 |
---|
518 | 518 | | PROPERTY, THAT THE CLASSIFICATION WAS APPLIED FOR IN VIOLATION OF12 |
---|
519 | 519 | | SUBSECTION (3) OF THIS SECTION, THAT THE APPLICANT HAS CLAIMED THE13 |
---|
520 | 520 | | CLASSIFICATION FOR RESIDENTIAL REAL PROPERTY THAT THE APPLICANT14 |
---|
521 | 521 | | DOES NOT OWN AND OCCUPY AS THE APPLICANT 'S PRIMARY RESIDENCE AS15 |
---|
522 | 522 | | REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION, OR THAT THE16 |
---|
523 | 523 | | APPLICANT IS OTHERWISE INELIGIBLE FOR THE CLASSIFICATION , THE17 |
---|
524 | 524 | | ADMINISTRATOR SHALL PROVIDE WRITTEN NOTICE TO AN APPLICANT THAT18 |
---|
525 | 525 | | THE APPLICANT IS INELIGIBLE AND THE REASON FOR THE INELIGIBILITY .19 |
---|
526 | 526 | | T |
---|
527 | 527 | | HE NOTICE MUST ALSO INCLUDE A STATEMENT SPECIFYING THE DEADLINE20 |
---|
528 | 528 | | AND PROCEDURES FOR PROTESTING THE DENIAL OF THE CLASSIFICATION21 |
---|
529 | 529 | | OR CLASSIFICATIONS CLAIMED.22 |
---|
530 | 530 | | (II) A |
---|
531 | 531 | | N APPLICANT WHOSE APPLICATION FOR A QUALIFIED PRIMARY23 |
---|
532 | 532 | | RESIDENCE REAL PROPERTY CLASSIFICATION IS DENIED BY THE24 |
---|
533 | 533 | | ADMINISTRATOR PURSUANT TO SUBSECTION (8)(b)(I) OF THIS SECTION25 |
---|
534 | 534 | | MAY FILE A WRITTEN PROTEST WITH THE ADMINISTRATOR NO LATER THAN26 |
---|
535 | 535 | | N |
---|
536 | 536 | | OVEMBER 15 OF THE YEAR IN WHICH THE CLASSIFICATION WAS DENIED .27 |
---|
537 | 537 | | HB24B-1002 |
---|
538 | 538 | | -16- A WRITTEN PROTEST RETURNED BY MAIL IS DEEMED FILED ON THE DATE1 |
---|
539 | 539 | | IT IS POSTMARKED. IF THE GROUND FOR THE DENIAL IS THAT THE2 |
---|
540 | 540 | | APPLICANT, OR THE APPLICANT AND THE APPLICANT 'S SPOUSE OR CIVIL3 |
---|
541 | 541 | | UNION PARTNER, CLAIMED MULTIPLE CLASSIFICATIONS, THE SOLE GROUND4 |
---|
542 | 542 | | FOR A PROTEST IS THAT THE APPLICANT , OR THE APPLICANT AND THE5 |
---|
543 | 543 | | APPLICANT'S SPOUSE OR CIVIL UNION PARTNER, FILED ONLY ONE CLAIM6 |
---|
544 | 544 | | FOR THE CLASSIFICATION, AND THE PROTEST MUST SPECIFY THE PROPERTY7 |
---|
545 | 545 | | IDENTIFIED BY THE ADMINISTRATOR IN THE NOTICE DENYING THE8 |
---|
546 | 546 | | CLASSIFICATION FOR WHICH NO SUCH CLASSIFICATION WAS CLAIMED . IF9 |
---|
547 | 547 | | THE GROUND FOR THE DENIAL IS THAT THE APPLICANT IS NOT AN10 |
---|
548 | 548 | | OWNER-OCCUPIER OF THE RESIDENTIAL REAL PROPERTY FOR WHICH THE11 |
---|
549 | 549 | | CLASSIFICATION IS CLAIMED, THE SOLE GROUNDS FOR A PROTEST ARE THAT12 |
---|
550 | 550 | | THE APPLICANT ACTUALLY IS AN OWNER -OCCUPIER AND THAT THE13 |
---|
551 | 551 | | APPLICANT QUALIFIES FOR THE CLASSIFICATION. IF A PROTEST IS DENIED,14 |
---|
552 | 552 | | THE ADMINISTRATOR SHALL MAIL THE APPLICANT A WRITTEN STATEMENT15 |
---|
553 | 553 | | OF THE BASIS FOR THE DENIAL AND A COPY OF EACH CLASSIFICATION16 |
---|
554 | 554 | | APPLICATION FILED WITH AN ASSESSOR THAT THE APPLICANT CLAIMED17 |
---|
555 | 555 | | HAD NOT BEEN FILED.18 |
---|
556 | 556 | | (c) N |
---|
557 | 557 | | O LATER THAN DECEMBER 1, 2026, AND EACH DECEMBER 119 |
---|
558 | 558 | | THEREAFTER, AND AFTER EXAMINING THE REPORTS SENT BY EACH20 |
---|
559 | 559 | | ASSESSOR, DENYING APPLICATIONS FOR CLASSIFICATION OF PROPERTY AS21 |
---|
560 | 560 | | QUALIFIED PRIMARY RESIDENCE REAL PROPERTY , AND DECIDING PROTESTS22 |
---|
561 | 561 | | IN ACCORDANCE WITH SUBSECTION (8)(b) OF THIS SECTION, THE23 |
---|
562 | 562 | | ADMINISTRATOR SHALL PROVIDE WRITTEN NOTICE TO THE ASSESSOR OF24 |
---|
563 | 563 | | EACH COUNTY IN WHICH AN APPLICATION HAS BEEN DENIED BECAUSE THE25 |
---|
564 | 564 | | APPLICANT WAS INELIGIBLE THAT INCLUDES THE IDENTITY OF EACH26 |
---|
565 | 565 | | DENIED APPLICANT AND THE REASON FOR EACH DENIAL .27 |
---|
566 | 566 | | HB24B-1002 |
---|
567 | 567 | | -17- (d) NO LATER THAN JANUARY 10, 2027, AND EACH JANUARY 101 |
---|
568 | 568 | | THEREAFTER, EACH ASSESSOR SHALL FORWARD TO THE ADMINISTRATOR2 |
---|
569 | 569 | | A PARTIAL COPY OF THE TAX WARRANT FOR THE ASSESSOR 'S COUNTY THAT3 |
---|
570 | 570 | | INCLUDES ONLY PROPERTY FOR WHICH THE ASSESSOR HAS GRANTED AN4 |
---|
571 | 571 | | APPLICATION FOR CLASSIFICATION AS QUALIFIED PRIMARY RESIDENCE5 |
---|
572 | 572 | | REAL PROPERTY. THE ADMINISTRATOR SHALL EXAMINE THE TAX6 |
---|
573 | 573 | | WARRANTS TO ENSURE THAT NO ADDITIONAL CLASSIFICATIONS OF7 |
---|
574 | 574 | | PROPERTY AS QUALIFIED PRIMARY RESIDENCE REAL PROPERTY HAVE BEEN8 |
---|
575 | 575 | | ALLOWED SINCE THE ADMINISTRATOR EXAMINED THE REPORTS9 |
---|
576 | 576 | | PREVIOUSLY RECEIVED FROM THE ASSESSORS AND THAT EACH ASSESSOR10 |
---|
577 | 577 | | HAS REMOVED FROM THE TAX WARRANT ALL SUCH CLASSIFICATIONS THAT11 |
---|
578 | 578 | | THE ADMINISTRATOR PREVIOUSLY DENIED . NO LATER THAN JANUARY 17,12 |
---|
579 | 579 | | 2027, |
---|
580 | 580 | | AND NO LATER THAN EACH JANUARY 17 THEREAFTER, THE13 |
---|
581 | 581 | | ADMINISTRATOR SHALL NOTIFY EACH ASSESSOR AND EACH TREASURER OF14 |
---|
582 | 582 | | ANY SUCH CLASSIFICATIONS TO BE REMOVED FROM THE TAX WARRANT .15 |
---|
583 | 583 | | SECTION 4. Contingent referral to people under referendum16 |
---|
584 | 584 | | - effective date. (1) This act takes effect only if Senate Bill 24-23317 |
---|
585 | 585 | | becomes law and the ballot title submitted to the registered electors of the18 |
---|
586 | 586 | | state at the election held on November 4, 2025, pursuant to subsection (2)19 |
---|
587 | 587 | | of this section is approved by the voters at said election.20 |
---|
588 | 588 | | (2) If Senate Bill 24-233 becomes law, then, at the election held21 |
---|
589 | 589 | | on November 4, 2025, the secretary of state shall submit this act by its22 |
---|
590 | 590 | | ballot title to the registered electors of the state for their approval or23 |
---|
591 | 591 | | rejection. Each elector voting at the election may cast a vote either24 |
---|
592 | 592 | | "Yes/For" or "No/Against" on the following ballot title: "Shall there be25 |
---|
593 | 593 | | a change to the Colorado Revised Statutes concerning the valuation for26 |
---|
594 | 594 | | assessment of residential real property, and, in connection therewith,27 |
---|
595 | 595 | | HB24B-1002 |
---|
596 | 596 | | -18- limiting to qualified primary residence real property the existing reduction1 |
---|
597 | 597 | | in the valuation for assessment of all residential real property by the lesser2 |
---|
598 | 598 | | of 10% of its actual value or $70,000?" Except as otherwise provided in3 |
---|
599 | 599 | | section 1-40-123, Colorado Revised Statutes, if a majority of the electors4 |
---|
600 | 600 | | voting on the ballot title vote "Yes/For", then the act will become part of5 |
---|
601 | 601 | | the Colorado Revised Statutes.6 |
---|
602 | 602 | | (3) If the voters at the election held on November 4, 2025,7 |
---|
603 | 603 | | approve the measure described in subsection (2) of this section, then this8 |
---|
604 | 604 | | act takes effect on the date of the official declaration of the vote thereon9 |
---|
605 | 605 | | by the governor.10 |
---|
606 | 606 | | HB24B-1002 |
---|
607 | 607 | | -19- |
---|