Colorado 2024 1st Special Session

Colorado House Bill HB1003 Compare Versions

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1+Second Extraordinary Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REENGROSSED
5+This Version Includes All Amendments
6+Adopted in the House of Introduction
7+LLS NO. 24B-0005.01 Alison Killen x4350
18 HOUSE BILL 24B-1003
2-BY REPRESENTATIVE(S) Soper and Joseph, Bacon, Clifford, English,
3-Mauro, McCormick, McLachlan, Snyder, Titone, McCluskie;
4-also SENATOR(S) Priola and Baisley, Bridges, Roberts, Van Winkle.
9+House Committees Senate Committees
10+Appropriations
11+A BILL FOR AN ACT
512 C
6-ONCERNING PROPERTY TAX RELIEF FOR BUSINESSES , AND, IN CONNECTION
7-THEREWITH
8-, EXPANDING AND EXTENDING THE EXEMPTION FOR
9-AGRICULTURAL EQUIPMENT AND MACHINERY USED IN CONTROLLED
10-AGRICULTURAL FACILITIES
11-.
12-
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, 39-1-102, amend
15-(1.3)(b)(II) and (1.3)(b)(III); and add (1.3)(b)(IV) as follows:
16-39-1-102. Definitions. As used in articles 1 to 13 of this title 39,
17-unless the context otherwise requires:
18-(1.3) "Agricultural equipment that is used on the farm or ranch or
19-in a CEA facility in the production of agricultural products":
20-(b) Includes:
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. (II) Silviculture personal property that is designed, adapted, and
29-used for the planting, growing, maintenance, or harvesting of trees in a raw
30-or unprocessed state; and
31-(III) Any personal property within a facility, whether attached to a
32-building or not, that is capable of being removed from the facility, and is
33-used in direct connection with the operation of a controlled environment
34-agricultural facility, which facility is used solely for planting, growing, or
35-harvesting crops in a raw or unprocessed state;
36-AND
37-(IV) ANY PERSONAL PROPERTY WITHIN A GREENHOUSE , WHETHER
38-ATTACHED TO THE GREENHOUSE OR NOT
39-, THAT IS CAPABLE OF BEING
40-REMOVED FROM THE GREENHOUSE AND IS USED IN DIRECT C ONNECTION WITH
41-THE OPERATION OF A GREENHOUSE
42-, WHICH GREENHOUSE IS USED SOLELY FOR
43-PLANTING OR GROWING CROPS IN A RAW OR UNPROCESSED STATE
44-, AND THE
45-SOLE PURPOSE OF GROWING CROPS IN THE GREENHOUSE IS TO OBTAIN A
46-MONETARY PROFIT FROM THE WHOLESALE OF PLANT
47--BASED FOOD FOR
48-HUMAN OR LIVESTOCK CONSUMPTION
49-.
50-SECTION 2. In Colorado Revised Statutes, 39-3-122, amend (2)
51-as follows:
52-39-3-122. Agricultural equipment used in production of
53-agricultural products - CEA facilities - exemption - definition. (2) On
54-and after January 1, 2023, but prior to January 1, 2028,
55- agricultural
56-equipment that is used in any CEA facility
57-OR GREENHOUSE is exempt from
58-the levy and collection of property tax.
59-SECTION 3. Act subject to petition - effective date. This act
60-takes effect at 12:01 a.m. on the day following the expiration of the
61-ninety-day period after final adjournment of the general assembly; except
62-that, if a referendum petition is filed pursuant to section 1 (3) of article V
63-of the state constitution against this act or an item, section, or part of this act
64-within such period, then the act, item, section, or part will not take effect
65-unless approved by the people at the general election to be held in
66-PAGE 2-HOUSE BILL 24B-1003 November 2026 and, in such case, will take effect on the date of the official
67-declaration of the vote thereon by the governor.
68-____________________________ ____________________________
69-Julie McCluskie Steve Fenberg
70-SPEAKER OF THE HOUSE PRESIDENT OF
71-OF REPRESENTATIVES THE SENATE
72-____________________________ ____________________________
73-Robin Jones Cindi L. Markwell
74-CHIEF CLERK OF THE HOUSE SECRETARY OF
75-OF REPRESENTATIVES THE SENATE
76- APPROVED________________________________________
77- (Date and Time)
78- _________________________________________
79- Jared S. Polis
80- GOVERNOR OF THE STATE OF COLORADO
81-PAGE 3-HOUSE BILL 24B-1003
13+ONCERNING PROPERTY TAX RELIEF FOR BUSINESSES , AND, IN101
14+CONNECTION THEREWITH , EXPANDING AND EXTENDING THE102
15+EXEMPTION FOR AGRICULTURAL EQUIPMENT AND MACHINERY103
16+USED IN CONTROLLED AG RICULTURAL FACILITIES .104
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill clarifies certain definitions and modifies the personal
25+property tax exemption for agricultural equipment to expand
26+opportunities for tax relief for certain business personal property.
27+HOUSE
28+3rd Reading Unamended
29+August 28, 2024
30+HOUSE
31+Amended 2nd Reading
32+August 27, 2024
33+HOUSE SPONSORSHIP
34+Soper and Joseph, Bacon, Clifford, English, Mauro, McCluskie, McCormick, McLachlan,
35+Snyder, Titone
36+SENATE SPONSORSHIP
37+Priola and Baisley,
38+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
39+Capital letters or bold & italic numbers indicate new material to be added to existing law.
40+Dashes through the words or numbers indicate deletions from existing law. Section 1 of the bill clarifies that personal property used in direct
41+connection with the operation of a greenhouse is included in the
42+definition of agricultural equipment used in a controlled environment
43+agricultural (CEA) facility and is thus exempt pursuant to the exemption
44+for such agricultural equipment, which is permanently extended beyond
45+its current expiration after the 2029 property tax year in section 2.
46+Be it enacted by the General Assembly of the State of Colorado:1
47+SECTION 1. In Colorado Revised Statutes, 39-1-102, amend2
48+(1.3)(b)(II) and (1.3)(b)(III); and add (1.3)(b)(IV) as follows:3
49+39-1-102. Definitions. As used in articles 1 to 13 of this title 39,4
50+unless the context otherwise requires:5
51+(1.3) "Agricultural equipment that is used on the farm or ranch or6
52+in a CEA facility in the production of agricultural products":7
53+(b) Includes:8
54+(II) Silviculture personal property that is designed, adapted, and9
55+used for the planting, growing, maintenance, or harvesting of trees in a10
56+raw or unprocessed state; and
57+11
58+(III) Any personal property within a facility, whether attached to12
59+a building or not, that is capable of being removed from the facility, and13
60+is used in direct connection with the operation of a controlled14
61+environment agricultural facility, which facility is used solely for15
62+planting, growing, or harvesting crops in a raw or unprocessed state;
63+AND16
64+(IV) A
65+NY PERSONAL PROPERTY WITHIN A GREENHOUSE , WHETHER17
66+ATTACHED TO THE GREENHOUSE OR NOT , THAT IS CAPABLE OF BEING18
67+REMOVED FROM THE GREENHOUSE AND IS USED IN DIRECT CONNECTION19
68+WITH THE OPERATION OF A GREENHOUSE , WHICH GREENHOUSE IS USED20
69+SOLELY FOR PLANTING OR GROWING CROPS IN A RAW OR UNPROCESSED21
70+STATE, AND THE SOLE PURPOSE OF GROWING CROPS IN THE GREENHOUSE22
71+1003-2- IS TO OBTAIN A MONETARY PROFIT FROM THE WHOLESALE OF1
72+PLANT-BASED FOOD FOR HUMAN OR LIVESTOCK CONSUMPTION .2
73+SECTION 2. In Colorado Revised Statutes, 39-3-122, amend (2)3
74+ as follows:4
75+39-3-122. Agricultural equipment used in production of5
76+agricultural products - CEA facilities - exemption - definition. (2) On6
77+and after January 1, 2023, but prior to January 1, 2028, agricultural7
78+equipment that is used in any CEA facility OR GREENHOUSE is exempt8
79+from the levy and collection of property tax.9
80+ 10
81+SECTION 3. Act subject to petition - effective date. This act11
82+takes effect at 12:01 a.m. on the day following the expiration of the12
83+ninety-day period after final adjournment of the general assembly; except13
84+that, if a referendum petition is filed pursuant to section 1 (3) of article V14
85+of the state constitution against this act or an item, section, or part of this15
86+act within such period, then the act, item, section, or part will not take16
87+effect unless approved by the people at the general election to be held in17
88+November 2026 and, in such case, will take effect on the date of the18
89+official declaration of the vote thereon by the governor.19
90+1003
91+-3-