First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0559.01 Jason Gelender x4330 HOUSE BILL 25-1111 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 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 (surviving spouse), to claim the exemption. If at the 2026 general election the voters of the state approve a referred constitutional amendment to allow a senior or a 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 of the assessment date is owner-occupied and is used as the primary16 HB25-1111-2- residence of the owner-occupier shall be SUCH PROPERTY IS exempt from1 taxation; AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER2 J ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY3 THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE4 OF SUCH PROPERTY OR FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY5 PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE IS EXEMPT FROM6 TAXATION, if:7 (a) (I) The owner-occupier is sixty-five years of age or older as of8 the assessment date and has owned and occupied such residential real9 property as his or her THE OWNER-OCCUPIER'S primary residence for the10 ten years preceding the assessment date; or11 (II) The owner-occupier is the surviving spouse of an12 owner-occupier who previously qualified for a property tax exemption for13 the same residential real property under subparagraph (I) of this14 paragraph (a); and SUBSECTION (1)(a)(I) OF THIS SECTION; OR15 (III) F OR PROPERTY TAX YEARS COMMENCING ON OR AFTER16 J ANUARY 1, 2027, ONLY, THE OWNER-OCCUPIER HAD RECEIVED AN17 EXEMPTION PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF THIS18 SECTION OR THIS SUBSECTION (1)(a)(III), FOR ANY PROPERTY TAX YEAR19 COMMENCING ON OR AFTER JANUARY 1, 2016, FOR RESIDENTIAL REAL20 PROPERTY THAT THE OWNER-OCCUPIER THEREAFTER CEASED OCCUPYING ,21 FOR ANY PERIOD, AS THE OWNER-OCCUPIER'S PRIMARY RESIDENCE; AND22 (1.5) (a) For property tax years commencing on or after January23 1, 2007, BUT BEFORE JANUARY 1, 2025, fifty percent of the first two24 hundred thousand dollars of actual value of residential real property that25 as of the assessment date is owner-occupied and is used as the primary26 residence of an owner-occupier who is a qualifying veteran with a27 HB25-1111 -3- disability shall be IS exempt from taxation; AND FOR PROPERTY TAX1 YEARS COMMENCING ON OR AFTER JANUARY 1, 2025, AN AMOUNT OF THE2 ACTUAL VALUE OF SUCH PROPERTY THAT IS EQUAL TO THE LESSER OF3 FIFTY PERCENT OF THE ACTUAL VALUE OF SUCH PROPERTY OR FIFTY4 PERCENT OF AN AMOUNT EQUAL TO FIFTY PERCENT OF THE ESTIMATED5 STATE MEDIAN HOME VALUE IS EXEMPT FROM TAXATION , if:6 (a.5) For property tax years commencing on or after January 1,7 2015, fifty percent of the first two hundred thousand dollars of actual8 value of residential real property that as of the assessment date is9 owner-occupied and is used as the primary residence of an10 owner-occupier who is the surviving spouse of a qualifying veteran with11 a disability who previously received an exemption under subsection12 (1.5)(a) of this section OR WHO IS AN ELIGIBLE SPOUSE, AS DEFINED IN13 SECTION 3.5 (1.7) OF ARTICLE X OF THE STATE CONSTITUTION, is exempt14 from taxation; AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER15 J ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY16 THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE17 OF SUCH PROPERTY OR FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY18 PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE is exempt from19 taxation.20 (1.7) N O LATER THAN MARCH 15, 2025, AND NO LATER THAN21 M ARCH 15 OF THE FIRST YEAR OF EACH PROPERTY TAX REASSESSMENT22 CYCLE THEREAFTER, THE STAFF OF THE LEGISLATIVE COUNCIL SHALL23 CALCULATE AND PROVIDE TO THE ADMINISTRATOR THE ESTIMATED STATE24 MEDIAN HOME VALUE FOR THE PROPERTY TAX YEARS THAT COMMENCE25 DURING THE CURRENT PROPERTY TAX REASSESSMENT CYCLE .26 (1.8) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE27 HB25-1111 -4- REQUIRES:1 (a) "E STIMATED STATE MEDIAN HOME VALUE " MEANS:2 (I) F OR THE PROPERTY TAX YEARS THAT COMMENCE DURING THE3 PROPERTY TAX REASSESSMENT CYCLE THAT BEGINS ON JANUARY 1, 2025,4 THE MOST RECENT AVAILABLE ESTIMATE OF MEDIAN HOME VALUE FOR THE5 STATE OF COLORADO IN THE UNITED STATES BUREAU OF THE CENSUS6 A MERICAN COMMUNITY SURVEY , ADJUSTED FOR INFLATION OR DEFLATION7 THROUGH THE FOURTH QUARTER OF 2024 AND ROUNDED TO THE NEAREST8 ONE THOUSAND DOLLARS ; AND9 (II) F OR THE PROPERTY TAX YEARS THAT COMMENCE DURING10 EACH SUBSEQUENT PROPERTY TAX REASSESSMENT CYCLE , THE GREATER11 OF THE ESTIMATED STATE MEDIAN HOME VALUE FOR THE PROPERTY TAX12 YEARS THAT COMMENCED DURING THE PRIOR PROPERTY TAX13 REASSESSMENT CYCLE OR THE MOST RECENT AVAILABLE ESTIMATE OF14 MEDIAN HOME VALUE FOR THE STATE OF COLORADO IN THE UNITED15 S TATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY ,16 ADJUSTED FOR INFLATION OR DEFLATION THROUGH THE FOURTH QUARTER17 OF THE CALENDER YEAR THAT IMMEDIATELY PRECEDES THE FIRST18 PROPERTY TAX YEAR OF THE PROPERTY TAX REASSESSMENT CYCLE AND19 ROUNDED TO THE NEAREST ONE THOUSAND DOLLARS .20 (b) "I NFLATION OR DEFLATION" MEANS THE PERCENTAGE CHANGE21 IN THE FEDERAL HOUSING FINANCE AGENCY 'S SEASONALLY ADJUSTED22 QUARTERLY PURCHASE -ONLY HOUSE PRICE INDEX FOR THE STATE OF23 C OLORADO.24 (c) "P ROPERTY TAX REASSESSMENT CYCLE " MEANS THE25 REASSESSMENT CYCLE DESCRIBED IN SECTION 39-1-104 (10.2).26 (6) (a) Notwithstanding the ten-year occupancy requirement set27 HB25-1111 -5- forth in subparagraph (I) of paragraph (a) of subsection (1) SUBSECTIONS1 (1)(a)(I) AND (1)(a)(II) of this section, an owner-occupier who DOES NOT2 QUALIFY FOR AN EXEMPTION PURSUANT TO SUBSECTION (1)(a)(III) OF THIS3 SECTION AND WHO has not actually owned and occupied residential real4 property for which the owner-occupier has claimed an exemption under 5 said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF6 THIS SECTION for the ten years preceding the assessment date shall be IS7 deemed to have met the ten-year requirement and shall be IS allowed an8 exemption under said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I)9 OR (1)(a)(II) OF THIS SECTION with respect to the property if:10 (I) The owner-occupier would have qualified for the exemption11 with respect to other residential real property that the owner-occupier12 owned and occupied as his or her THE OWNER-OCCUPIER'S primary13 residence before moving to the residential real property for which an14 exemption is claimed but for the fact that the other property was15 condemned by a governmental entity through an eminent domain16 proceeding; or17 (I.5) For property tax years commencing on or after January 1,18 2015, the owner-occupier would have qualified for the exemption with19 respect to other residential real property that the owner-occupier owned20 and occupied as his or her THE OWNER-OCCUPIER'S primary residence21 before moving to the residential real property for which an exemption is22 claimed but for the fact that a natural disaster destroyed the former23 primary residence or otherwise rendered it uninhabitable; and24 (II) The owner-occupier has not owned and occupied residential25 property as his or her THE OWNER-OCCUPIER'S primary residence other26 than the residential real property for which an exemption is claimed since27 HB25-1111 -6- the condemnation occurred.1 SECTION 2. Act subject to petition - effective date. (1) Except2 as otherwise provided in subsections (2) and (3) of this section, this act3 takes effect at 12:01 a.m. on the day following the expiration of the4 ninety-day period after final adjournment of the general assembly.5 (2) If a referendum petition is filed pursuant to section 1 (3) of6 article V of the state constitution against this act or an item, section, or7 part of this act within the period specified in subsection (1) of this8 section, then the act, item, section, or part will not take effect unless9 approved by the people at the general election to be held in November10 2026 and, in such case, will take effect on the date of the official11 declaration of the vote thereon by the governor.12 (3) Section 39-3-203 (1)(a), Colorado Revised Statutes, as13 amended in section 1 of this act, takes effect only if the ballot title14 submitted to the registered electors of the state pursuant to House15 Concurrent Resolution 25-_____ is approved by the people at the next16 general election, in which case section 39-3-203 (1)(a), Colorado Revised17 Statutes, as amended in section 1 of this act, takes effect on the date of the18 official declaration of the vote thereon by the governor.19 HB25-1111 -7-