Colorado 2025 Regular Session

Colorado House Bill HB1111 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0559.01 Jason Gelender x4330
88 HOUSE BILL 25-1111
99 House Committees Senate Committees
1010 Finance
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE EXPANSION OF PR OPERTY TAX EXEMPTIONS FOR101
1414 CERTAIN OWNER-OCCUPIED PRIMARY RESIDENCES .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 For property tax years commencing during property tax
2323 reassessment cycles (cycles) that begin on or after January 1, 2025, the
2424 bill changes the amount of the exemptions for the owner-occupied
2525 primary residence (residence) of a qualifying senior, a veteran with a
2626 disability, or the surviving spouse of a United States armed forces service
2727 member who died in the line of duty or veteran whose death resulted from
2828 HOUSE SPONSORSHIP
2929 DeGraaf,
3030 SENATE SPONSORSHIP
3131 (None),
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. a service-related injury or disease (exemptions) from 50% of the first
3535 $200,000 of actual value of the residence to 50% of an amount of actual
3636 value of the residence equal to 50% of the estimated state median home
3737 value (median home value) for the state; except that, if the median home
3838 value declines, the exemption amount continues to be calculated based on
3939 the median home value used to calculate the exemption amount for the
4040 property tax years included in the prior cycle.
4141 The state constitution currently only allows a senior who has
4242 owned and occupied the senior's residence for 10 years, or the surviving
4343 spouse of such a senior (surviving spouse), to claim the exemption. If at
4444 the 2026 general election the voters of the state approve a referred
4545 constitutional amendment to allow a senior or a surviving spouse who has
4646 previously qualified for the exemption for 2016 or any later year for a
4747 prior residence to claim the exemption for the senior's or surviving
4848 spouse's current residence regardless of how long the senior or surviving
4949 spouse has owned and occupied that residence, the bill makes the
5050 statutory changes needed to conform to the constitutional amendment.
5151 Be it enacted by the General Assembly of the State of Colorado:1
5252 SECTION 1. In Colorado Revised Statutes, 39-3-203, amend (1)2
5353 introductory portion, (1)(a), (1.5)(a) introductory portion, (1.5)(a.5), and3
5454 (6)(a); and add (1.7) and (1.8) as follows:4
5555 39-3-203. Property tax exemption - qualifications - definitions.5
5656 (1) For the property tax year commencing January 1, 2002, for property6
5757 tax years commencing on or after January 1, 2006, but before January 1,7
5858 2009, and for property tax years commencing on or after January 1, 2012,8
5959 BUT BEFORE JANUARY 1, 2025, fifty percent of the first two hundred9
6060 thousand dollars of actual value of residential real property that as of the10
6161 assessment date is owner-occupied and is used as the primary residence11
6262 of the owner-occupier shall be
6363 IS exempt from taxation; and for property12
6464 tax years commencing on or after January 1, 2003, but before January 1,13
6565 2006, and on or after January 1, 2009, but before January 1, 2012, fifty14
6666 percent of zero dollars of actual value of residential real property that as15
6767 of the assessment date is owner-occupied and is used as the primary16
6868 HB25-1111-2- residence of the owner-occupier shall be SUCH PROPERTY IS exempt from1
6969 taxation;
7070 AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER2
7171 J
7272 ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY3
7373 THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE4
7474 OF SUCH PROPERTY OR FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY5
7575 PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE IS EXEMPT FROM6
7676 TAXATION, if:7
7777 (a) (I) The owner-occupier is sixty-five years of age or older as of8
7878 the assessment date and has owned and occupied such residential real9
7979 property as his or her
8080 THE OWNER-OCCUPIER'S primary residence for the10
8181 ten years preceding the assessment date; or11
8282 (II) The owner-occupier is the surviving spouse of an12
8383 owner-occupier who previously qualified for a property tax exemption for13
8484 the same residential real property under subparagraph (I) of this14
8585 paragraph (a); and SUBSECTION (1)(a)(I) OF THIS SECTION; OR15
8686 (III) F
8787 OR PROPERTY TAX YEARS COMMENCING ON OR AFTER16
8888 J
8989 ANUARY 1, 2027, ONLY, THE OWNER-OCCUPIER HAD RECEIVED AN17
9090 EXEMPTION PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF THIS18
9191 SECTION OR THIS SUBSECTION (1)(a)(III), FOR ANY PROPERTY TAX YEAR19
9292 COMMENCING ON OR AFTER JANUARY 1, 2016, FOR RESIDENTIAL REAL20
9393 PROPERTY THAT THE OWNER-OCCUPIER THEREAFTER CEASED OCCUPYING ,21
9494 FOR ANY PERIOD, AS THE OWNER-OCCUPIER'S PRIMARY RESIDENCE; AND22
9595 (1.5) (a) For property tax years commencing on or after January23
9696 1, 2007,
9797 BUT BEFORE JANUARY 1, 2025, fifty percent of the first two24
9898 hundred thousand dollars of actual value of residential real property that25
9999 as of the assessment date is owner-occupied and is used as the primary26
100100 residence of an owner-occupier who is a qualifying veteran with a27
101101 HB25-1111
102102 -3- disability shall be IS exempt from taxation; AND FOR PROPERTY TAX1
103103 YEARS COMMENCING ON OR AFTER JANUARY 1, 2025, AN AMOUNT OF THE2
104104 ACTUAL VALUE OF SUCH PROPERTY THAT IS EQUAL TO THE LESSER OF3
105105 FIFTY PERCENT OF THE ACTUAL VALUE OF SUCH PROPERTY OR FIFTY4
106106 PERCENT OF AN AMOUNT EQUAL TO FIFTY PERCENT OF THE ESTIMATED5
107107 STATE MEDIAN HOME VALUE IS EXEMPT FROM TAXATION , if:6
108108 (a.5) For property tax years commencing on or after January 1,7
109109 2015, fifty percent of the first two hundred thousand dollars of actual8
110110 value of residential real property that as of the assessment date is9
111111 owner-occupied and is used as the primary residence of an10
112112 owner-occupier who is the surviving spouse of a qualifying veteran with11
113113 a disability who previously received an exemption under subsection12
114114 (1.5)(a) of this section
115115 OR WHO IS AN ELIGIBLE SPOUSE, AS DEFINED IN13
116116 SECTION 3.5 (1.7) OF ARTICLE X OF THE STATE CONSTITUTION, is exempt14
117117 from taxation;
118118 AND FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER15
119119 J
120120 ANUARY 1, 2025, AN AMOUNT OF THE ACTUAL VALUE OF SUCH PROPERTY16
121121 THAT IS EQUAL TO THE LESSER OF FIFTY PERCENT OF THE ACTUAL VALUE17
122122 OF SUCH PROPERTY OR FIFTY PERCENT OF AN AMOUNT EQUAL TO FIFTY18
123123 PERCENT OF THE ESTIMATED STATE MEDIAN HOME VALUE is exempt from19
124124 taxation.20
125125 (1.7) N
126126 O LATER THAN MARCH 15, 2025, AND NO LATER THAN21
127127 M
128128 ARCH 15 OF THE FIRST YEAR OF EACH PROPERTY TAX REASSESSMENT22
129129 CYCLE THEREAFTER, THE STAFF OF THE LEGISLATIVE COUNCIL SHALL23
130130 CALCULATE AND PROVIDE TO THE ADMINISTRATOR THE ESTIMATED STATE24
131131 MEDIAN HOME VALUE FOR THE PROPERTY TAX YEARS THAT COMMENCE25
132132 DURING THE CURRENT PROPERTY TAX REASSESSMENT CYCLE .26
133133 (1.8) A
134134 S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE27
135135 HB25-1111
136136 -4- REQUIRES:1
137137 (a) "E
138138 STIMATED STATE MEDIAN HOME VALUE " MEANS:2
139139 (I) F
140140 OR THE PROPERTY TAX YEARS THAT COMMENCE DURING THE3
141141 PROPERTY TAX REASSESSMENT CYCLE THAT BEGINS ON JANUARY 1, 2025,4
142142 THE MOST RECENT AVAILABLE ESTIMATE OF MEDIAN HOME VALUE FOR THE5
143143 STATE OF COLORADO IN THE UNITED STATES BUREAU OF THE CENSUS6
144144 A
145145 MERICAN COMMUNITY SURVEY , ADJUSTED FOR INFLATION OR DEFLATION7
146146 THROUGH THE FOURTH QUARTER OF 2024 AND ROUNDED TO THE NEAREST8
147147 ONE THOUSAND DOLLARS ; AND9
148148 (II) F
149149 OR THE PROPERTY TAX YEARS THAT COMMENCE DURING10
150150 EACH SUBSEQUENT PROPERTY TAX REASSESSMENT CYCLE , THE GREATER11
151151 OF THE ESTIMATED STATE MEDIAN HOME VALUE FOR THE PROPERTY TAX12
152152 YEARS THAT COMMENCED DURING THE PRIOR PROPERTY TAX13
153153 REASSESSMENT CYCLE OR THE MOST RECENT AVAILABLE ESTIMATE OF14
154154 MEDIAN HOME VALUE FOR THE STATE OF COLORADO IN THE UNITED15
155155 S
156156 TATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY ,16
157157 ADJUSTED FOR INFLATION OR DEFLATION THROUGH THE FOURTH QUARTER17
158158 OF THE CALENDER YEAR THAT IMMEDIATELY PRECEDES THE FIRST18
159159 PROPERTY TAX YEAR OF THE PROPERTY TAX REASSESSMENT CYCLE AND19
160160 ROUNDED TO THE NEAREST ONE THOUSAND DOLLARS .20
161161 (b) "I
162162 NFLATION OR DEFLATION" MEANS THE PERCENTAGE CHANGE21
163163 IN THE FEDERAL HOUSING FINANCE AGENCY 'S SEASONALLY ADJUSTED22
164164 QUARTERLY PURCHASE -ONLY HOUSE PRICE INDEX FOR THE STATE OF23
165165 C
166166 OLORADO.24
167167 (c) "P
168168 ROPERTY TAX REASSESSMENT CYCLE " MEANS THE25
169169 REASSESSMENT CYCLE DESCRIBED IN SECTION 39-1-104 (10.2).26
170170 (6) (a) Notwithstanding the ten-year occupancy requirement set27
171171 HB25-1111
172172 -5- forth in subparagraph (I) of paragraph (a) of subsection (1) SUBSECTIONS1
173173 (1)(a)(I)
174174 AND (1)(a)(II) of this section, an owner-occupier who DOES NOT2
175175 QUALIFY FOR AN EXEMPTION PURSUANT TO SUBSECTION (1)(a)(III) OF THIS3
176176 SECTION AND WHO has not actually owned and occupied residential real4
177177 property for which the owner-occupier has claimed an exemption under
178178 5
179179 said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I) OR (1)(a)(II) OF6
180180 THIS SECTION for the ten years preceding the assessment date shall be IS7
181181 deemed to have met the ten-year requirement and shall be IS allowed an8
182182 exemption under said subsection (1) PURSUANT TO SUBSECTION (1)(a)(I)9
183183 OR (1)(a)(II) OF THIS SECTION with respect to the property if:10
184184 (I) The owner-occupier would have qualified for the exemption11
185185 with respect to other residential real property that the owner-occupier12
186186 owned and occupied as his or her THE OWNER-OCCUPIER'S primary13
187187 residence before moving to the residential real property for which an14
188188 exemption is claimed but for the fact that the other property was15
189189 condemned by a governmental entity through an eminent domain16
190190 proceeding; or17
191191 (I.5) For property tax years commencing on or after January 1,18
192192 2015, the owner-occupier would have qualified for the exemption with19
193193 respect to other residential real property that the owner-occupier owned20
194194 and occupied as his or her THE OWNER-OCCUPIER'S primary residence21
195195 before moving to the residential real property for which an exemption is22
196196 claimed but for the fact that a natural disaster destroyed the former23
197197 primary residence or otherwise rendered it uninhabitable; and24
198198 (II) The owner-occupier has not owned and occupied residential25
199199 property as his or her THE OWNER-OCCUPIER'S primary residence other26
200200 than the residential real property for which an exemption is claimed since27
201201 HB25-1111
202202 -6- the condemnation occurred.1
203203 SECTION 2. Act subject to petition - effective date. (1) Except2
204204 as otherwise provided in subsections (2) and (3) of this section, this act3
205205 takes effect at 12:01 a.m. on the day following the expiration of the4
206206 ninety-day period after final adjournment of the general assembly.5
207207 (2) If a referendum petition is filed pursuant to section 1 (3) of6
208208 article V of the state constitution against this act or an item, section, or7
209209 part of this act within the period specified in subsection (1) of this8
210210 section, then the act, item, section, or part will not take effect unless9
211211 approved by the people at the general election to be held in November10
212212 2026 and, in such case, will take effect on the date of the official11
213213 declaration of the vote thereon by the governor.12
214214 (3) Section 39-3-203 (1)(a), Colorado Revised Statutes, as13
215215 amended in section 1 of this act, takes effect only if the ballot title14
216216 submitted to the registered electors of the state pursuant to House15
217217 Concurrent Resolution 25-_____ is approved by the people at the next16
218218 general election, in which case section 39-3-203 (1)(a), Colorado Revised17
219219 Statutes, as amended in section 1 of this act, takes effect on the date of the18
220220 official declaration of the vote thereon by the governor.19
221221 HB25-1111
222222 -7-