Colorado 2025 Regular Session

Colorado House Bill HB1095 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0626.01 Megan McCall x4215
8	8	HOUSE BILL 25-1095
9	9	House Committees Senate Committees
10	10	Finance
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING REQUIREMENTS OF A PETITIONER , INCLUDING THEIR101
14	14	AGENT OR REPRESENTATIVE , IN CERTAIN PROPERTY TAX102
15	15	APPEALS.103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	The bill requires that, for protests to the county assessor and at
24	24	hearings for property tax appeals concerning nonresidential real property
25	25	that is not agricultural property, the requested valuation that is set forth
26	26	by a petitioner or a petitioner's agent or representative for that property be
27	27	made in compliance with the uniform standards of professional appraisal
28	28	HOUSE SPONSORSHIP
29	29	Story and Clifford,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. practice.
35	35	Current law requires that any petitioner appealing either a
36	36	valuation of rent-producing commercial real property to the board of
37	37	assessment appeals or a denial of an abatement of taxes provide certain
38	38	documentation and data regarding the property. The bill requires that, in
39	39	addition to these existing requirements, the petitioner also provide full
40	40	copies of all leases that are in place as of the date of valuation and any
41	41	market data that the petitioner has relied on in determining the valuation
42	42	that the petitioner is requesting in their appeal.
43	43	Be it enacted by the General Assembly of the State of Colorado:1
44	44	SECTION 1. In Colorado Revised Statutes, 39-5-122, add (2.7)2
45	45	as follows:3
46	46	39-5-122. Taxpayer's remedies to correct errors - definition.4
47	47	(2.7) F
48	48	OR ANY PROTEST CONCERNING NONRESIDENTIAL REAL PROPERTY5
49	49	THAT IS NOT AGRICULTURAL PROPERTY, THE REQUESTED VALUATION THAT6
50	50	IS SET FORTH BY A PROTESTER OR A PROTESTER 'S AGENT OR7
51	51	REPRESENTATIVE FOR THAT PROPERTY MUST BE MADE IN COMPLIANCE8
52	52	WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE .9
53	53	A
54	54	S USED IN THIS SUBSECTION (2.7), "UNIFORM STANDARDS OF10
55	55	PROFESSIONAL APPRAISAL PRACTICE " HAS THE SAME MEANING AS SET11
56	56	FORTH IN SECTION 12-10-602 (10).12
57	57	SECTION 2. In Colorado Revised Statutes, 39-8-107, amend (1)13
58	58	and (5)(a)(I)(C); and add (5)(a)(I)(E) and (5)(a)(I)(F) as follows:14
59	59	39-8-107. Hearings on appeal - definition. (1) (a) (I) At the15
60	60	hearing upon a petition, the assessor or the assessor's authorized16
61	61	representative shall be present and shall produce information to support17
62	62	the basis and amount of the assessor's valuation of the property. The18
63	63	board shall hear and consider all testimony and examine all exhibits19
64	64	produced or introduced by either the petitioner or the assessor, with no20
65	65	HB25-1095-2- presumption in favor of any pending valuation, and may subpoena1
66	66	witnesses to testify. The costs of producing the petitioner's witnesses shall2
67	67	be paid by the petitioner, and the costs of producing the assessor's3
68	68	witnesses shall be paid by the county.4
69	69	(II) A
70	70	T ANY HEARING ON A PETITION CONCERNING5
71	71	NONRESIDENTIAL REAL PROPERTY THAT IS NOT AGRICULTURAL PROPERTY ,6
72	72	THE REQUESTED VALUATION THAT IS SET FORTH BY A PETITIONER OR A7
73	73	PETITIONER'S AGENT OR REPRESENTATIVE FOR THAT PROPERTY MUST BE8
74	74	MADE IN COMPLIANCE WITH THE UNIFORM STANDARDS OF PROFESSIONAL9
75	75	APPRAISAL PRACTICE. AS USED IN THIS SUBSECTION (1)(a)(II), "UNIFORM10
76	76	STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE " HAS THE SAME11
77	77	MEANING AS SET FORTH IN SECTION 12-10-602 (10).12
78	78	(b) On the basis of the testimony produced and the exhibits13
79	79	introduced
80	80	IN ACCORDANCE WITH SUBSECTION (1)(a) OF THIS SECTION, the14
81	81	board shall grant or deny the petition, in whole or in part, and shall notify15
82	82	the petitioner and the assessor in writing. If the board denies the petition,16
83	83	in whole or in part, such written notice shall inform the petitioner of the17
84	84	right to appeal within the thirty-day period following the denial to the18
85	85	district court or the board of assessment appeals pursuant to section19
86	86	39-8-108 (1) or within the thirty-day period following the denial to submit20
87	87	the case to arbitration pursuant to section 39-8-108.5. Such notice shall21
88	88	state that, if the appeal is to the board of assessment appeals, the hearing22
89	89	before the board of assessment appeals shall be the last hearing at which23
90	90	testimony, exhibits, or any other type of evidence may be introduced by24
91	91	either party and that, if there is an appeal to the court of appeals pursuant25
92	92	to section 39-8-108 (2), the record from the hearing before the board of26
93	93	assessment appeals and no new evidence shall be the basis for the court's27
94	94	HB25-1095
95	95	-3- decision. The phone number and address of the board of assessment1
96	96	appeals shall also be included on the notice. The notice shall also state,2
97	97	in general terms, how to pursue arbitration and that, if a taxpayer submits3
98	98	the case to arbitration, the decision reached under such process shall be4
99	99	final and not subject to review. If a referee heard the case, the board shall,5
100	100	at the written request of any taxpayer or any agent of such taxpayer within6
101	101	seven working days after receipt of said request, make available to the7
102	102	taxpayer or agent the referee's findings and recommendations. At the8
103	103	board's election, the board may either mail, fax, or send by electronic9
104	104	transmission such findings and recommendations to the address, phone10
105	105	number, or electronic address supplied by said taxpayer or agent. Upon11
106	106	receipt of such request, the board shall notify the taxpayer or agent of the12
107	107	estimated cost of providing such findings and recommendations, payment13
108	108	of which shall be made prior to providing such findings and14
109	109	recommendations. Upon providing such findings and recommendations,15
110	110	the board may include a bill for the reasonable cost above the estimated16
111	111	cost and up to the statutory maximum which shall be due and payable17
112	112	upon receipt by the taxpayer or agent. 18
113	113	(5) (a) (I) On and after August 10, 2011, in addition to any other19
114	114	requirements under law, any petitioner appealing either a valuation of20
115	115	rent-producing commercial real property to the board of assessment21
116	116	appeals pursuant to section 39-8-108 (1) or a denial of an abatement of22
117	117	taxes pursuant to section 39-10-114 shall provide to the county board of23
118	118	equalization or to the board of county commissioners of the county in the24
119	119	case of an abatement, and not to the board of assessment appeals, the25
120	120	following information, if applicable:26
121	121	(C) Itemized expenses for two full years including the base year27
122	122	HB25-1095
123	123	-4- for the relevant property tax year; and1
124	124	(E) F
125	125	ULL COPIES OF ALL LEASES THAT ARE IN PLACE AS OF THE2
126	126	DATE OF VALUATION; AND3
127	127	(F) A
128	128	NY MARKET DATA THAT THE PETITIONER HAS RELIED ON IN4
129	129	DETERMINING THE VALUATION THAT THE PETITIONER IS REQUESTING IN5
130	130	THEIR APPEAL.6
131	131	SECTION 3. In Colorado Revised Statutes, 39-8-108, amend7
132	132	(5)(d) and (5)(e); and add (5)(f) as follows:8
133	133	39-8-108. Decision - review - opportunity to submit case to9
134	134	arbitration - definition. (5) In any appeal authorized by this section or10
135	135	by section 39-5-122, 39-5-122.7, or 39-10-114:11
136	136	(d) Upon request, the respondent shall make available to the12
137	137	taxpayer two working days prior to any appeal hearing data supporting the13
138	138	assessor's valuation. Such request shall be accompanied by data14
139	139	supporting the taxpayer's valuation. Nothing in this paragraph (d) shall be
140	140	15
141	141	construed to prohibit SUBSECTION (5)(d) PROHIBITS the introduction at16
142	142	such appeal hearing of any data discovered as a result of the exchange of17
143	143	data required by this paragraph (d); and SUBSECTION (5)(d);18
144	144	(e) In using the market approach to determine the value of19
145	145	residential real property, if the assessor has knowledge of the conversion20
146	146	from one residential use to a different residential use, such conversion21
147	147	shall create a rebuttable presumption that the sale of such property is not22
148	148	a comparable sale for purposes of establishing the value of a property23
149	149	having a similar prior residential use;
150	150	AND24
151	151	(f) I
152	152	F THE APPEAL IS CONCERNING NONRESIDENTIAL REAL25
153	153	PROPERTY THAT IS NOT AGRICULTURAL PROPERTY , THE REQUESTED26
154	154	VALUATION THAT IS SET FORTH BY A PETITIONER OR A PETITIONER'S AGENT27
155	155	HB25-1095
156	156	-5- OR REPRESENTATIVE FOR THAT PROPERTY MUST BE MADE IN COMPLIANCE1
157	157	WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE .2
158	158	A
159	159	S USED IN THIS SUBSECTION (5)(f), "UNIFORM STANDARDS OF3
160	160	PROFESSIONAL APPRAISAL PRACTICE " HAS THE SAME MEANING AS SET4
161	161	FORTH IN SECTION 12-10-602 (10).5
162	162	SECTION 4. Act subject to petition - effective date -6
163	163	applicability. (1) This act takes effect at 12:01 a.m. on the day following7
164	164	the expiration of the ninety-day period after final adjournment of the8
165	165	general assembly; except that, if a referendum petition is filed pursuant9
166	166	to section 1 (3) of article V of the state constitution against this act or an10
167	167	item, section, or part of this act within such period, then the act, item,11
168	168	section, or part will not take effect unless approved by the people at the12
169	169	general election to be held in November 2026 and, in such case, will take13
170	170	effect on the date of the official declaration of the vote thereon by the14
171	171	governor.15
172	172	(2) This act applies to notices of objection and protest as set forth16
173	173	in section 39-5-121 (1)(a)(I), C.R.S., petitions for appeals to the county17
174	174	boards of equalization as set forth in section 39-8-106 (1), C.R.S., and18
175	175	petitions for appeals to the state board of assessment appeals, district19
176	176	court, or arbitration as set forth in 39-8-108 (1), C.R.S., that are received20
177	177	on or after the applicable effective date of this act.21
178	178	HB25-1095
179	179	-6-