1 | 1 | | First Regular Session |
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2 | 2 | | Seventy-fifth 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. 25-0559.01 Jason Gelender x4330 |
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8 | 8 | | HOUSE BILL 25-1111 |
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9 | 9 | | House Committees Senate Committees |
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10 | 10 | | Finance |
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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 EXPANSION OF PR OPERTY TAX EXEMPTIONS FOR101 |
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14 | 14 | | CERTAIN OWNER-OCCUPIED PRIMARY RESIDENCES .102 |
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15 | 15 | | Bill Summary |
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16 | 16 | | (Note: This summary applies to this bill as introduced and does |
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17 | 17 | | not reflect any amendments that may be subsequently adopted. If this bill |
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18 | 18 | | passes third reading in the house of introduction, a bill summary that |
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19 | 19 | | applies to the reengrossed version of this bill will be available at |
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20 | 20 | | http://leg.colorado.gov |
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21 | 21 | | .) |
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22 | 22 | | For property tax years commencing during property tax |
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23 | 23 | | reassessment cycles (cycles) that begin on or after January 1, 2025, the |
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24 | 24 | | bill changes the amount of the exemptions for the owner-occupied |
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25 | 25 | | primary residence (residence) of a qualifying senior, a veteran with a |
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26 | 26 | | disability, or the surviving spouse of a United States armed forces service |
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27 | 27 | | member who died in the line of duty or veteran whose death resulted from |
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28 | 28 | | HOUSE SPONSORSHIP |
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29 | 29 | | DeGraaf, |
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30 | 30 | | SENATE SPONSORSHIP |
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31 | 31 | | (None), |
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32 | 32 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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33 | 33 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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34 | 34 | | Dashes through the words or numbers indicate deletions from existing law. a service-related injury or disease (exemptions) from 50% of the first |
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35 | 35 | | $200,000 of actual value of the residence to 50% of an amount of actual |
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36 | 36 | | value of the residence equal to 50% of the estimated state median home |
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37 | 37 | | value (median home value) for the state; except that, if the median home |
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38 | 38 | | value declines, the exemption amount continues to be calculated based on |
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39 | 39 | | the median home value used to calculate the exemption amount for the |
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40 | 40 | | property tax years included in the prior cycle. |
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41 | 41 | | The state constitution currently only allows a senior who has |
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42 | 42 | | owned and occupied the senior's residence for 10 years, or the surviving |
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43 | 43 | | spouse of such a senior (surviving spouse), to claim the exemption. If at |
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44 | 44 | | the 2026 general election the voters of the state approve a referred |
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45 | 45 | | constitutional amendment to allow a senior or a surviving spouse who has |
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46 | 46 | | previously qualified for the exemption for 2016 or any later year for a |
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47 | 47 | | prior residence to claim the exemption for the senior's or surviving |
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48 | 48 | | spouse's current residence regardless of how long the senior or surviving |
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49 | 49 | | spouse has owned and occupied that residence, the bill makes the |
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50 | 50 | | statutory changes needed to conform to the constitutional amendment. |
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51 | 51 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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52 | 52 | | SECTION 1. In Colorado Revised Statutes, 39-3-203, amend (1)2 |
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53 | 53 | | introductory portion, (1)(a), (1.5)(a) introductory portion, (1.5)(a.5), and3 |
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54 | 54 | | (6)(a); and add (1.7) and (1.8) as follows:4 |
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55 | 55 | | 39-3-203. Property tax exemption - qualifications - definitions.5 |
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56 | 56 | | (1) For the property tax year commencing January 1, 2002, for property6 |
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57 | 57 | | tax years commencing on or after January 1, 2006, but before January 1,7 |
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58 | 58 | | 2009, and for property tax years commencing on or after January 1, 2012,8 |
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59 | 59 | | BUT BEFORE JANUARY 1, 2025, fifty percent of the first two hundred9 |
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60 | 60 | | thousand dollars of actual value of residential real property that as of the10 |
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61 | 61 | | assessment date is owner-occupied and is used as the primary residence11 |
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62 | 62 | | of the owner-occupier shall be |
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63 | 63 | | IS exempt from taxation; and for property12 |
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64 | 64 | | tax years commencing on or after January 1, 2003, but before January 1,13 |
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65 | 65 | | 2006, and on or after January 1, 2009, but before January 1, 2012, fifty14 |
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66 | 66 | | percent of zero dollars of actual value of residential real property that as15 |
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67 | 67 | | of the assessment date is owner-occupied and is used as the primary16 |
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68 | 68 | | HB25-1111-2- residence of the owner-occupier shall be SUCH PROPERTY IS exempt from1 |
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69 | 69 | | taxation; |
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70 | 70 | | AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER2 |
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71 | 71 | | J |
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72 | 72 | | ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY3 |
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73 | 73 | | THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE4 |
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74 | 74 | | OF SUCH PROPERTY OR FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY5 |
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75 | 75 | | PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE IS EXEMPT FROM6 |
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76 | 76 | | TAXATION, if:7 |
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77 | 77 | | (a) (I) The owner-occupier is sixty-five years of age or older as of8 |
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78 | 78 | | the assessment date and has owned and occupied such residential real9 |
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79 | 79 | | property as his or her |
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80 | 80 | | THE OWNER-OCCUPIER'S primary residence for the10 |
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81 | 81 | | ten years preceding the assessment date; or11 |
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82 | 82 | | (II) The owner-occupier is the surviving spouse of an12 |
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83 | 83 | | owner-occupier who previously qualified for a property tax exemption for13 |
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84 | 84 | | the same residential real property under subparagraph (I) of this14 |
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85 | 85 | | paragraph (a); and SUBSECTION (1)(a)(I) OF THIS SECTION; OR15 |
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86 | 86 | | (III) F |
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87 | 87 | | OR PROPERTY TAX YEARS COMMENCING ON OR AFTER16 |
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88 | 88 | | J |
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89 | 89 | | ANUARY 1, 2027, ONLY, THE OWNER-OCCUPIER HAD RECEIVED AN17 |
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90 | 90 | | EXEMPTION PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF THIS18 |
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91 | 91 | | SECTION OR THIS SUBSECTION (1)(a)(III), FOR ANY PROPERTY TAX YEAR19 |
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92 | 92 | | COMMENCING ON OR AFTER JANUARY 1, 2016, FOR RESIDENTIAL REAL20 |
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93 | 93 | | PROPERTY THAT THE OWNER-OCCUPIER THEREAFTER CEASED OCCUPYING ,21 |
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94 | 94 | | FOR ANY PERIOD, AS THE OWNER-OCCUPIER'S PRIMARY RESIDENCE; AND22 |
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95 | 95 | | (1.5) (a) For property tax years commencing on or after January23 |
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96 | 96 | | 1, 2007, |
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97 | 97 | | BUT BEFORE JANUARY 1, 2025, fifty percent of the first two24 |
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98 | 98 | | hundred thousand dollars of actual value of residential real property that25 |
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99 | 99 | | as of the assessment date is owner-occupied and is used as the primary26 |
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100 | 100 | | residence of an owner-occupier who is a qualifying veteran with a27 |
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101 | 101 | | HB25-1111 |
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102 | 102 | | -3- disability shall be IS exempt from taxation; AND FOR PROPERTY TAX1 |
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103 | 103 | | YEARS COMMENCING ON OR AFTER JANUARY 1, 2025, AN AMOUNT OF THE2 |
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104 | 104 | | ACTUAL VALUE OF SUCH PROPERTY THAT IS EQUAL TO THE LESSER OF3 |
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105 | 105 | | FIFTY PERCENT OF THE ACTUAL VALUE OF SUCH PROPERTY OR FIFTY4 |
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106 | 106 | | PERCENT OF AN AMOUNT EQUAL TO FIFTY PERCENT OF THE ESTIMATED5 |
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107 | 107 | | STATE MEDIAN HOME VALUE IS EXEMPT FROM TAXATION , if:6 |
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108 | 108 | | (a.5) For property tax years commencing on or after January 1,7 |
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109 | 109 | | 2015, fifty percent of the first two hundred thousand dollars of actual8 |
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110 | 110 | | value of residential real property that as of the assessment date is9 |
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111 | 111 | | owner-occupied and is used as the primary residence of an10 |
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112 | 112 | | owner-occupier who is the surviving spouse of a qualifying veteran with11 |
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113 | 113 | | a disability who previously received an exemption under subsection12 |
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114 | 114 | | (1.5)(a) of this section |
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115 | 115 | | OR WHO IS AN ELIGIBLE SPOUSE, AS DEFINED IN13 |
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116 | 116 | | SECTION 3.5 (1.7) OF ARTICLE X OF THE STATE CONSTITUTION, is exempt14 |
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117 | 117 | | from taxation; |
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118 | 118 | | AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER15 |
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119 | 119 | | J |
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120 | 120 | | ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY16 |
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121 | 121 | | THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE17 |
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122 | 122 | | OF SUCH PROPERTY OR FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY18 |
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123 | 123 | | PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE is exempt from19 |
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124 | 124 | | taxation.20 |
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125 | 125 | | (1.7) N |
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126 | 126 | | O LATER THAN MARCH 15, 2025, AND NO LATER THAN21 |
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127 | 127 | | M |
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128 | 128 | | ARCH 15 OF THE FIRST YEAR OF EACH PROPERTY TAX REASSESSMENT22 |
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129 | 129 | | CYCLE THEREAFTER, THE STAFF OF THE LEGISLATIVE COUNCIL SHALL23 |
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130 | 130 | | CALCULATE AND PROVIDE TO THE ADMINISTRATOR THE ESTIMATED STATE24 |
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131 | 131 | | MEDIAN HOME VALUE FOR THE PROPERTY TAX YEARS THAT COMMENCE25 |
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132 | 132 | | DURING THE CURRENT PROPERTY TAX REASSESSMENT CYCLE .26 |
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133 | 133 | | (1.8) A |
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134 | 134 | | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE27 |
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135 | 135 | | HB25-1111 |
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136 | 136 | | -4- REQUIRES:1 |
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137 | 137 | | (a) "E |
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138 | 138 | | STIMATED STATE MEDIAN HOME VALUE " MEANS:2 |
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139 | 139 | | (I) F |
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140 | 140 | | OR THE PROPERTY TAX YEARS THAT COMMENCE DURING THE3 |
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141 | 141 | | PROPERTY TAX REASSESSMENT CYCLE THAT BEGINS ON JANUARY 1, 2025,4 |
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142 | 142 | | THE MOST RECENT AVAILABLE ESTIMATE OF MEDIAN HOME VALUE FOR THE5 |
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143 | 143 | | STATE OF COLORADO IN THE UNITED STATES BUREAU OF THE CENSUS6 |
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144 | 144 | | A |
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145 | 145 | | MERICAN COMMUNITY SURVEY , ADJUSTED FOR INFLATION OR DEFLATION7 |
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146 | 146 | | THROUGH THE FOURTH QUARTER OF 2024 AND ROUNDED TO THE NEAREST8 |
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147 | 147 | | ONE THOUSAND DOLLARS ; AND9 |
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148 | 148 | | (II) F |
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149 | 149 | | OR THE PROPERTY TAX YEARS THAT COMMENCE DURING10 |
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150 | 150 | | EACH SUBSEQUENT PROPERTY TAX REASSESSMENT CYCLE , THE GREATER11 |
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151 | 151 | | OF THE ESTIMATED STATE MEDIAN HOME VALUE FOR THE PROPERTY TAX12 |
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152 | 152 | | YEARS THAT COMMENCED DURING THE PRIOR PROPERTY TAX13 |
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153 | 153 | | REASSESSMENT CYCLE OR THE MOST RECENT AVAILABLE ESTIMATE OF14 |
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154 | 154 | | MEDIAN HOME VALUE FOR THE STATE OF COLORADO IN THE UNITED15 |
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155 | 155 | | S |
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156 | 156 | | TATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY ,16 |
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157 | 157 | | ADJUSTED FOR INFLATION OR DEFLATION THROUGH THE FOURTH QUARTER17 |
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158 | 158 | | OF THE CALENDER YEAR THAT IMMEDIATELY PRECEDES THE FIRST18 |
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159 | 159 | | PROPERTY TAX YEAR OF THE PROPERTY TAX REASSESSMENT CYCLE AND19 |
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160 | 160 | | ROUNDED TO THE NEAREST ONE THOUSAND DOLLARS .20 |
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161 | 161 | | (b) "I |
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162 | 162 | | NFLATION OR DEFLATION" MEANS THE PERCENTAGE CHANGE21 |
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163 | 163 | | IN THE FEDERAL HOUSING FINANCE AGENCY 'S SEASONALLY ADJUSTED22 |
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164 | 164 | | QUARTERLY PURCHASE -ONLY HOUSE PRICE INDEX FOR THE STATE OF23 |
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165 | 165 | | C |
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166 | 166 | | OLORADO.24 |
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167 | 167 | | (c) "P |
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168 | 168 | | ROPERTY TAX REASSESSMENT CYCLE " MEANS THE25 |
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169 | 169 | | REASSESSMENT CYCLE DESCRIBED IN SECTION 39-1-104 (10.2).26 |
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170 | 170 | | (6) (a) Notwithstanding the ten-year occupancy requirement set27 |
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171 | 171 | | HB25-1111 |
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172 | 172 | | -5- forth in subparagraph (I) of paragraph (a) of subsection (1) SUBSECTIONS1 |
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173 | 173 | | (1)(a)(I) |
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174 | 174 | | AND (1)(a)(II) of this section, an owner-occupier who DOES NOT2 |
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175 | 175 | | QUALIFY FOR AN EXEMPTION PURSUANT TO SUBSECTION (1)(a)(III) OF THIS3 |
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176 | 176 | | SECTION AND WHO has not actually owned and occupied residential real4 |
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177 | 177 | | property for which the owner-occupier has claimed an exemption under |
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178 | 178 | | 5 |
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179 | 179 | | said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF6 |
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180 | 180 | | THIS SECTION for the ten years preceding the assessment date shall be IS7 |
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181 | 181 | | deemed to have met the ten-year requirement and shall be IS allowed an8 |
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182 | 182 | | exemption under said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I)9 |
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183 | 183 | | OR (1)(a)(II) OF THIS SECTION with respect to the property if:10 |
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184 | 184 | | (I) The owner-occupier would have qualified for the exemption11 |
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185 | 185 | | with respect to other residential real property that the owner-occupier12 |
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186 | 186 | | owned and occupied as his or her THE OWNER-OCCUPIER'S primary13 |
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187 | 187 | | residence before moving to the residential real property for which an14 |
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188 | 188 | | exemption is claimed but for the fact that the other property was15 |
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189 | 189 | | condemned by a governmental entity through an eminent domain16 |
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190 | 190 | | proceeding; or17 |
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191 | 191 | | (I.5) For property tax years commencing on or after January 1,18 |
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192 | 192 | | 2015, the owner-occupier would have qualified for the exemption with19 |
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193 | 193 | | respect to other residential real property that the owner-occupier owned20 |
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194 | 194 | | and occupied as his or her THE OWNER-OCCUPIER'S primary residence21 |
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195 | 195 | | before moving to the residential real property for which an exemption is22 |
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196 | 196 | | claimed but for the fact that a natural disaster destroyed the former23 |
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197 | 197 | | primary residence or otherwise rendered it uninhabitable; and24 |
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198 | 198 | | (II) The owner-occupier has not owned and occupied residential25 |
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199 | 199 | | property as his or her THE OWNER-OCCUPIER'S primary residence other26 |
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200 | 200 | | than the residential real property for which an exemption is claimed since27 |
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201 | 201 | | HB25-1111 |
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202 | 202 | | -6- the condemnation occurred.1 |
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203 | 203 | | SECTION 2. Act subject to petition - effective date. (1) Except2 |
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204 | 204 | | as otherwise provided in subsections (2) and (3) of this section, this act3 |
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205 | 205 | | takes effect at 12:01 a.m. on the day following the expiration of the4 |
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206 | 206 | | ninety-day period after final adjournment of the general assembly.5 |
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207 | 207 | | (2) If a referendum petition is filed pursuant to section 1 (3) of6 |
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208 | 208 | | article V of the state constitution against this act or an item, section, or7 |
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209 | 209 | | part of this act within the period specified in subsection (1) of this8 |
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210 | 210 | | section, then the act, item, section, or part will not take effect unless9 |
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211 | 211 | | approved by the people at the general election to be held in November10 |
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212 | 212 | | 2026 and, in such case, will take effect on the date of the official11 |
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213 | 213 | | declaration of the vote thereon by the governor.12 |
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214 | 214 | | (3) Section 39-3-203 (1)(a), Colorado Revised Statutes, as13 |
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215 | 215 | | amended in section 1 of this act, takes effect only if the ballot title14 |
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216 | 216 | | submitted to the registered electors of the state pursuant to House15 |
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217 | 217 | | Concurrent Resolution 25-_____ is approved by the people at the next16 |
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218 | 218 | | general election, in which case section 39-3-203 (1)(a), Colorado Revised17 |
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219 | 219 | | Statutes, as amended in section 1 of this act, takes effect on the date of the18 |
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220 | 220 | | official declaration of the vote thereon by the governor.19 |
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221 | 221 | | HB25-1111 |
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222 | 222 | | -7- |
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