Second Extraordinary Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24B-0022.01 Jason Gelender x4330 HOUSE BILL 24B-1006 House Committees Senate Committees Finance A BILL FOR AN ACT C ONCERNING THE EXPANSION OF PR OPERTY TAX EXEMPTIONS FOR101 CERTAIN OWNER-OCCUPIED PRIMARY RESIDENCES .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) For property tax years commencing during property tax reassessment cycles (cycles) that begin on or after January 1, 2025, the bill changes the amount of the exemptions for the owner-occupied primary residence (residence) of a qualifying senior, a veteran with a disability, or the surviving spouse of a United States armed forces service member who died in the line of duty or veteran whose death resulted from HOUSE SPONSORSHIP DeGraaf, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. a service-related injury or disease (exemptions) from 50% of the first $200,000 of actual value of the residence to 50% of an amount of actual value of the residence equal to 50% of 50% of the estimated state median home value (median home value) for the state; except that, if the median home value declines, the exemption amount continues to be calculated based on the median home value used to calculate the exemption amount for the property tax years included in the prior cycle. The state constitution currently only allows a senior who has owned and occupied the senior's residence for 10 years, or the surviving spouse of such a senior, to claim the exemption. For property tax years commencing on or after January 1, 2027, if at the 2026 general election the voters of the state approve a referred constitutional amendment to allow a senior, or the surviving spouse of such a senior (surviving spouse), who has previously qualified for the exemption for 2016 or any later year for a prior residence to claim the exemption for the senior's or surviving spouse's current residence regardless of how long the senior or surviving spouse has owned and occupied that residence, the bill makes the statutory changes needed to conform to the constitutional amendment. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 39-3-203, amend (1)2 introductory portion, (1)(a), (1.5)(a) introductory portion, (1.5)(a.5), and3 (6)(a); and add (1.7) and (1.8) as follows:4 39-3-203. Property tax exemption - qualifications - definitions.5 (1) For the property tax year commencing January 1, 2002, for property6 tax years commencing on or after January 1, 2006, but before January 1,7 2009, and for property tax years commencing on or after January 1, 2012,8 BUT BEFORE JANUARY 1, 2025, fifty percent of the first two hundred9 thousand dollars of actual value of residential real property that as of the10 assessment date is owner-occupied and is used as the primary residence11 of the owner-occupier shall be IS exempt from taxation, and for property12 tax years commencing on or after January 1, 2003, but before January 1,13 2006, and on or after January 1, 2009, but before January 1, 2012, fifty14 percent of zero dollars of actual value of residential real property that as15 HB24B-1006-2- of the assessment date is owner-occupied and is used as the primary1 residence of the owner-occupier shall be SUCH PROPERTY IS exempt from2 taxation, AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER3 J ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY4 THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE5 OF SUCH PROPERTY OR FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY6 PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE IS EXEMPT FROM7 TAXATION if:8 (a) (I) The owner-occupier is sixty-five years of age or older as of9 the assessment date and has owned and occupied such residential real10 property as his or her THE OWNER-OCCUPIER'S primary residence for the11 ten years preceding the assessment date; or12 (II) The owner-occupier is the surviving spouse of an13 owner-occupier who previously qualified for a property tax exemption for14 the same residential real property under subparagraph (I) of this15 paragraph (a); and SUBSECTION (1)(a)(I) OF THIS SECTION; OR16 (III) F OR PROPERTY TAX YEARS COMMENCING ON OR AFTER17 J ANUARY 1, 2027, ONLY, THE OWNER-OCCUPIER HAD RECEIVED AN18 EXEMPTION PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF THIS19 SECTION OR THIS SUBSECTION (1)(a)(III), FOR ANY PROPERTY TAX YEAR20 COMMENCING ON OR AFTER JANUARY 1, 2016, FOR RESIDENTIAL REAL21 PROPERTY THAT THE OWNER-OCCUPIER THEREAFTER CEASED OCCUPYING ,22 FOR ANY PERIOD, AS THE OWNER-OCCUPIER'S PRIMARY RESIDENCE; AND23 (1.5) (a) For property tax years commencing on or after January24 1, 2007, BUT BEFORE JANUARY 1, 2025, fifty percent of the first two25 hundred thousand dollars of actual value of residential real property that26 as of the assessment date is owner-occupied and is used as the primary27 HB24B-1006 -3- residence of an owner-occupier who is a qualifying veteran with a1 disability shall be IS exempt from taxation, AND FOR PROPERTY TAX2 YEARS COMMENCING ON OR AFTER JANUARY 1, 2025, AN AMOUNT OF THE3 ACTUAL VALUE OF SUCH PROPERTY THAT IS EQUAL TO THE LESSER OF4 FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY PERCENT OF THE ACTUAL5 VALUE OF SUCH PROPERTY OR FIFTY PERCENT OF THE ESTIMATED STATE6 MEDIAN HOME VALUE IS EXEMPT FROM TAXATION if:7 (a.5) For property tax years commencing on or after January 1,8 2015, fifty percent of the first two hundred thousand dollars of actual9 value of residential real property that as of the assessment date is10 owner-occupied and is used as the primary residence of an11 owner-occupier who is the surviving spouse of a qualifying veteran with12 a disability who previously received an exemption under subsection13 (1.5)(a) of this section OR WHO IS AN ELIGIBLE SPOUSE, AS DEFINED IN14 SECTION 3.5 (1.7) OF ARTICLE X OF THE STATE CONSTITUTION, is exempt15 from taxation, AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER16 J ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY17 THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF AN AMOUNT EQUAL18 TO FIFTY PERCENT OF THE ACTUAL VALUE OF SUCH PROPERTY OR FIFTY19 PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE is exempt from20 taxation.21 (1.7) N O LATER THAN MARCH 15, 2025, AND NO LATER THAN22 M ARCH 15 OF THE FIRST YEAR OF EACH PROPERTY TAX REASSESSMENT23 CYCLE THEREAFTER, THE STAFF OF THE LEGISLATIVE COUNCIL SHALL24 CALCULATE AND PROVIDE TO THE ADMINISTRATOR THE ESTIMATED STATE25 MEDIAN HOME VALUE FOR THE PROPERTY TAX YEARS THAT COMMENCE26 DURING THE CURRENT PROPERTY TAX REASSESSMENT CYCLE .27 HB24B-1006 -4- (1.8) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE1 REQUIRES:2 (a) "E STIMATED STATE MEDIAN HOME VALUE " MEANS:3 (I) F OR THE PROPERTY TAX YEARS THAT COMMENCE DURING THE4 PROPERTY TAX REASSESSMENT CYCLE THAT BEGINS ON JANUARY 1, 2025,5 THE MOST RECENT AVAILABLE ESTIMATE OF MEDIAN HOME VALUE FOR THE6 STATE OF COLORADO IN THE UNITED STATES BUREAU OF THE CENSUS7 A MERICAN COMMUNITY SURVEY , ADJUSTED FOR INFLATION OR DEFLATION8 THROUGH THE FOURTH QUARTER OF 2024AND ROUNDED TO THE NEAREST9 ONE THOUSAND DOLLARS ; AND10 (II) F OR THE PROPERTY TAX YEARS THAT COMMENCE DURING11 EACH SUBSEQUENT PROPERTY TAX REASSESSMENT CYCLE , THE GREATER12 OF THE ESTIMATED STATE MEDIAN HOME VALUE FOR THE PROPERTY TAX13 YEARS THAT COMMENCED DURING THE PRIOR PROPERTY TAX14 REASSESSMENT CYCLE OR THE MOST RECENT AVAILABLE ESTIMATE OF15 MEDIAN HOME VALUE FOR THE STATE OF COLORADO IN THE UNITED16 S TATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY ,17 ADJUSTED FOR INFLATION OR DEFLATION THROUGH THE FOURTH QUARTER18 OF THE CALENDER YEAR THAT IMMEDIATELY PRECEDES THE FIRST19 PROPERTY TAX YEAR OF THE PROPERTY TAX REASSESSMENT CYCLE AND20 ROUNDED TO THE NEAREST ONE THOUSAND DOLLARS .21 (b) "I NFLATION OR DEFLATION" MEANS THE PERCENTAGE CHANGE22 IN THE FEDERAL HOUSING FINANCE AGENCY 'S SEASONALLY ADJUSTED23 QUARTERLY PURCHASE -ONLY HOUSE PRICE INDEX FOR THE STATE OF24 C OLORADO.25 (c) "P ROPERTY TAX REASSESSMENT CYCLE " MEANS THE26 REASSESSMENT CYCLE DESCRIBED IN SECTION 39-1-104 (10.2).27 HB24B-1006 -5- (6) (a) Notwithstanding the ten-year occupancy requirement set1 forth in subparagraph (I) of paragraph (a) of subsection (1) SUBSECTIONS2 (1)(a)(I) AND (1)(a)(II) of this section, an owner-occupier who DOES NOT3 QUALIFY FOR AN EXEMPTION PURSUANT TO SUBSECTION (1)(a)(III) OF THIS4 SECTION AND WHO has not actually owned and occupied residential real5 property for which the owner-occupier has claimed an exemption under 6 said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF7 THIS SECTION for the ten years preceding the assessment date shall be IS8 deemed to have met the ten-year requirement and shall be IS allowed an9 exemption under said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I)10 OR (1)(a)(II) OF THIS SECTION with respect to the property if:11 (I) The owner-occupier would have qualified for the exemption12 with respect to other residential real property that the owner-occupier13 owned and occupied as his or her THE OWNER-OCCUPIER'S primary14 residence before moving to the residential real property for which an15 exemption is claimed but for the fact that the other property was16 condemned by a governmental entity through an eminent domain17 proceeding; or18 (I.5) For property tax years commencing on or after January 1,19 2015, the owner-occupier would have qualified for the exemption with20 respect to other residential real property that the owner-occupier owned21 and occupied as his or her THE OWNER-OCCUPIER'S primary residence22 before moving to the residential real property for which an exemption is23 claimed but for the fact that a natural disaster destroyed the former24 primary residence or otherwise rendered it uninhabitable; and25 (II) The owner-occupier has not owned and occupied residential26 property as his or her THE OWNER-OCCUPIER'S primary residence other27 HB24B-1006 -6- than the residential real property for which an exemption is claimed since1 the condemnation occurred.2 SECTION 2. Act subject to petition - effective date. (1) Except3 as otherwise provided in subsections (2) and (3) of this section, this act4 takes effect at 12:01 a.m. on the day following the expiration of the5 ninety-day period after final adjournment of the general assembly.6 (2) If a referendum petition is filed pursuant to section 1 (3) of7 article V of the state constitution against this act or an item, section, or8 part of this act within the period specified in subsection (1) of this9 section, then the act, item, section, or part will not take effect unless10 approved by the people at the general election to be held in November11 2026 and, in such case, will take effect on the date of the official12 declaration of the vote thereon by the governor.13 (3) Section 39-3-203 (1)(a) and (6)(a), Colorado Revised Statutes,14 as amended in section 1 of this act, takes effect only if the general15 assembly refers a ballot title to amend the Colorado constitution to allow16 a senior, or the surviving spouse of such a senior, who has previously17 qualified for the property tax exemption allowed by section 3.5 (1)(a) and18 (1)(b) of article X of the Colorado constitution for 2016 or any later year19 for a prior residence to claim the exemption for the senior's or surviving20 spouse's current residence regardless of how long the senior or surviving21 spouse has owned and occupied that residence to the registered electors22 of the state at the 2026 general election and the ballot title is approved, in23 which case section 39-3-203 (1)(a) and (6)(a), Colorado Revised Statutes,24 as amended in section 1 of this act, takes effect on the date of the official25 declaration of the vote thereon by the governor.26 HB24B-1006 -7-