Colorado 2025 Regular Session

Colorado Senate Bill SB261 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REVISED
5-This Version Includes All Amendments Adopted
6-on Second Reading in the Second House
4+REENGROSSED
5+This Version Includes All Amendments
6+Adopted in the House of Introduction
77 LLS NO. 25-0967.02 Jason Gelender x4330
88 SENATE BILL 25-261
99 Senate Committees House Committees
10-Appropriations Appropriations
10+Appropriations
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE ADMINISTRATION OF THE PROPERTY TAX DEFERRAL101
14-PROGRAM, AND, IN CONNECTION THEREWITH, AUTHORIZING102
15-APPROPRIATIONS FROM SPECIFIED CASH FUNDS FOR THE 2025-26103
16-STATE FISCAL YEAR ONLY TO FUND SUCH ADMINISTRATION .104
14+PROGRAM, AND, IN CONNECTION THEREWITH , REVERSING THE102
15+2022
16+ SHIFT OF ADMINISTRATIVE RESPONSIBILITIES FOR THE103
17+PROGRAM FROM COUNTY TREASURERS TO THE STATE104
18+TREASURER AND RESCINDING ELI GIBILITY FOR DEFERRAL FOR
19+105
20+PERSONS WHO ARE NOT SENIORS OR PERSONS CALLED INTO106
21+ACTIVE MILITARY SERVICE .107
1722 Bill Summary
1823 (Note: This summary applies to this bill as introduced and does
1924 not reflect any amendments that may be subsequently adopted. If this bill
2025 passes third reading in the house of introduction, a bill summary that
2126 applies to the reengrossed version of this bill will be available at
2227 http://leg.colorado.gov/
2328 .)
24-Joint Budget Committee. The state has a property tax deferral
25-program (program) under which the state makes a secured loan to a
26-qualified taxpayer to pay property taxes owed for the taxpayer's
27-HOUSE
28-Amended 2nd Reading
29-April 9, 2025
3029 SENATE
3130 3rd Reading Unamended
3231 April 3, 2025
3332 SENATE
3433 Amended 2nd Reading
3534 April 2, 2025
3635 SENATE SPONSORSHIP
3736 Amabile and Kirkmeyer, Bridges, Rich
3837 HOUSE SPONSORSHIP
3938 Bird and Sirota, Taggart
4039 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4140 Capital letters or bold & italic numbers indicate new material to be added to existing law.
42-Dashes through the words or numbers indicate deletions from existing law. homestead. The program was available only to seniors and persons called
41+Dashes through the words or numbers indicate deletions from existing law. Joint Budget Committee. The state has a property tax deferral
42+program (program) under which the state makes a secured loan to a
43+qualified taxpayer to pay property taxes owed for the taxpayer's
44+homestead. The program was available only to seniors and persons called
4345 into active military service until 2021, when the general assembly
4446 expanded the program to also allow an otherwise nonqualifying taxpayer
4547 whose property tax had increased by at least a specified percentage (new
4648 qualified taxpayer) to participate. In 2022, the general assembly shifted
4749 much of the responsibility for the administration of the program from the
4850 county treasurers to the state treasurer.
4951 The bill reverses the 2022 shift of administrative responsibilities
5052 for the program so that county treasurers will generally have the same
5153 responsibilities for administering the program as they did prior to 2022.
5254 The bill also specifies that a new qualified taxpayer may only claim
5355 deferral of property taxes levied for a property tax year commencing on
5456 or after January 1, 2025, if the board of county commissioners of the
5557 county in which the taxpayer's homestead is located has, after receiving
5658 input from the county treasurer of that county, adopted a resolution
5759 requiring the county treasurer to accept applications for such deferral
5860 claims.
5961 Be it enacted by the General Assembly of the State of Colorado:1
60-SECTION 1. In Colorado Revised Statutes, 9-1.5-104.7, amend2
61-(3) introductory portion; and add (4) as follows:3
62-9-1.5-104.7. Damage prevention fund - repeal. (3) EXCEPT AS4
63-OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, only the safety5
64-commission may authorize expenditures from the fund. Subject to annual6
65-appropriation by the general assembly, the safety commission may use7
66-money deposited in the fund only to:8
67-(4) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL9
68-ASSEMBLY MAY APPROPRIATE MONEY FROM THE FUND TO THE10
69-DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION DIVISION11
70-FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM12
71-PURSUANT TO ARTICLE 3.5 OF TITLE 39.13
72-(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.14
73-SECTION 2. In Colorado Revised Statutes, 18-22-103, amend15
74-(3); and add (5) as follows:16
75-261-2- 18-22-103. Source of revenues - allocation of money - repeal.1
76-(3) There is hereby created in the state treasury a youthful offender2
77-system surcharge fund which shall consist CONSISTS of moneys MONEY3
78-received by the state treasurer pursuant to paragraph (b) of subsection (2)4
79-SUBSECTION (2)(b) of this section. In accordance with section 24-36-114,5
80-C.R.S., all interest derived from the deposit and investment of this fund6
81-shall be credited to the general fund. Any moneys MONEY not7
82-appropriated by the general assembly shall remain REMAINS in the8
83-youthful offender system surcharge fund and shall not be transferred or9
84-revert to the general fund of the state at the end of any fiscal year. EXCEPT10
85-AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION, all moneys11
86-MONEY in the fund shall be IS subject to annual appropriation by the12
87-general assembly to the department of corrections to cover the direct and13
88-indirect costs associated with the rehabilitation, education, and treatment14
89-of youthful offenders sentenced to a youthful offender system. 15
90-(5) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL16
91-ASSEMBLY MAY APPROPRIATE MONEY FROM THE YOUTHFUL OFFENDER17
92-SYSTEM SURCHARGE FUND TO THE DEPARTMENT OF TREASURY FOR USE BY18
93-THE ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE STATE19
94-PROPERTY TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE20
95-39.21
96-(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.22
97-SECTION 3. In Colorado Revised Statutes, 24-50-122, amend23
98-(2); and add (3) as follows:24
99-24-50-122. Opportunities for training - professional25
100-development center cash fund - creation - rules - repeal. (2) The26
101-executive director of the department of personnel shall establish any fees27
62+SECTION 1. In Colorado Revised Statutes, 39-3.5-101, repeal2
63+(2.5) and (3.5)
64+ as follows:3
65+39-3.5-101. Definitions. As used in this article 3.5, unless the4
66+context otherwise requires:5
67+(2.5) "State treasurer" includes a third-party administrator that6
68+enters into a contract with the state treasurer to administer the property7
69+tax deferral program created in this article 3.5 in accordance with section8
70+39-3.5-103.5 (2).9
71+(3.5) "Tax-growth cap" means:10
72+(a) For property tax years commencing before January 1, 2025, an11
73+amount equal to the average of a person's real property taxes paid on the12
74+same homestead for the two property tax years preceding the year a13
75+261-2- deferral is claimed, increased by four percent; and1
76+(b) For property tax years commencing on or after January 1,2
77+2025, an amount equal to the average of a person's real property taxes3
78+paid on the same homestead for the two property tax years preceding the4
79+year a deferral is claimed.5
80+SECTION 2. In Colorado Revised Statutes, 39-3.5-102, amend6
81+(1)(a), (2) introductory portion, (2)(a), and (2.5)(a); and repeal (1)(c) and7
82+(2.5)(b) as follows:8
83+39-3.5-102. Deferral of tax on homestead - qualifications -9
84+filing of claim. (1) (a) Subject to the provisions of this article 3.5, a10
85+person who is sixty-five years of age or older or who is a person called11
86+into military service on January 1 of the year in which the person files a12
87+claim under this section may elect to defer the payment of real property13
88+taxes. To exercise this option, the taxpayer must file a claim for deferral14
89+with the state treasurer OF THE COUNTY IN WHICH THE TAXPAYER 'S15
90+HOMESTEAD IS LOCATED. The claim must be filed after January 1 and on16
91+or before April 1 of each year in which the taxpayer claims the deferral. 17
92+ 18
93+(c) (I) Subject to the provisions of this article 3.5, including the19
94+limitations set forth in subsection (1)(c)(II) of this section, beginning20
95+January 1, 2023, a person who is not otherwise eligible for deferral under21
96+this section may elect to defer the payment of the portion of real property22
97+taxes that exceed the person's tax-growth cap. To exercise this option, the23
98+taxpayer must file a claim for deferral with the state treasurer. The24
99+taxpayer must file the claim after January 1 and on or before April 1 of25
100+each year in which the taxpayer claims the deferral.26
101+(II) In addition to any other limitations set forth in this article 3.5,27
102102 261
103--3- necessary to pay for the direct and indirect costs of the training programs1
104-specified in subsection (1) of this section. All moneys MONEY collected2
105-shall be transmitted to the state treasurer, who shall credit the same to the3
106-professional development center cash fund, which fund is hereby created.4
107-EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, the5
108-moneys MONEY in the fund shall be IS subject to annual appropriation by6
109-the general assembly for the direct and indirect costs of establishing and7
110-maintaining the training programs specified in subsection (1) of this8
111-section. All interest derived from the deposit and investment of moneys9
112-MONEY in the fund shall be credited to the fund. Any unexpended and10
113-unencumbered moneys MONEY remaining in the fund at the end of a fiscal11
114-year shall remain REMAINS in the fund and shall not be credited or12
115-transferred to the general fund or any other fund.13
116-(3) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL14
117-ASSEMBLY MAY APPROPRIATE MONEY FROM THE PROFESSIONAL15
118-DEVELOPMENT CENTER CASH FUND TO THE DEPARTMENT OF TREASURY16
119-FOR USE BY THE ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE17
120-STATE PROPERTY TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF18
121-TITLE 39.19
122-(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.20
123-SECTION 4. In Colorado Revised Statutes, 25-4-1708, amend21
124-(1)(a) introductory portion; and add (5) as follows:22
125-25-4-1708. Fund created - repeal. (1) (a) There is hereby23
126-established in the state treasury a fund to be known as The immunization24
127-fund IS CREATED IN THE STATE TREASURY, which fund is, EXCEPT AS25
128-OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION, subject to26
129-annual appropriation by the general assembly to the department of public27
103+-3- the minimum amount of real property taxes that may be deferred under1
104+this subsection (1)(c) at one time is one hundred dollars, and the total2
105+amount of real property taxes that a person may defer under this3
106+subsection (1)(c) for all years shall not exceed ten thousand dollars. If a4
107+taxpayer's surviving spouse elects to continue deferral under section5
108+39-3.5-112 (1.5)(a), the same total limit applies to the taxpayer and the6
109+surviving spouse.7
110+(III) A person who previously deferred real property taxes as a8
111+person called into military service but is no longer eligible for a new9
112+deferral on that basis may defer additional real property taxes under this10
113+subsection (1)(c).11
114+(2) When a taxpayer who is sixty-five years of age or older
115+OR
116+12
117+who is a person called into military service or who is otherwise eligible13
118+under subsection (1)(c) of this section files a valid claim for deferral14
119+under subsection (1) of this section, it has the effect of:15
120+(a) Deferring the payment of the taxpayer's real property taxes or16
121+in the case of a person who is otherwise eligible, a portion of the17
122+taxpayer's real property taxes, for the calendar year previous to the year18
123+in which the claim is filed;19
124+(2.5) (a) A person called into military service may defer only the20
125+real property taxes payable in a year in which the person is a person called21
126+into military service. A person who is no longer a person called into22
127+military service may file a valid claim in a subsequent year to continue the23
128+prior allowable deferral of taxes PAYABLE IN A YEAR IN WHICH THE24
129+PERSON WAS A PERSON CALLED INTO MILITARY SERVICE .25
130+(b) A person who defers a portion of real property taxes under26
131+subsection (1)(c) of this section may file a valid claim in a subsequent27
130132 261
131--4- health and environment for the purposes of:1
132-(5) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL2
133-ASSEMBLY MAY APPROPRIATE MONEY FROM THE IMMUNIZATION FUND TO3
134-THE DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION4
135-DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL5
136-PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.6
137-(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.7
138-SECTION 5. In Colorado Revised Statutes, 25.5-10-305.5, add8
139-(4) as follows:9
140-25.5-10-305.5. Family support services fund - creation - repeal.10
141-(4) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL11
142-ASSEMBLY MAY APPROPRIATE MONEY FROM THE FUND TO THE12
143-DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION DIVISION13
144-FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM14
145-PURSUANT TO ARTICLE 3.5 OF TITLE 39.15
146-(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.16
147-SECTION 6. In Colorado Revised Statutes, amend 28-3-107 as17
148-follows:18
149-28-3-107. Department of military and veterans affairs fund -19
150-creation - repeal. (1) Any gifts, grants, and donations accepted by the20
151-adjutant general pursuant to section 28-3-106 (1)(x) shall be transmitted21
152-to the state treasurer, who shall credit the same to the department of22
153-military and veterans affairs fund, which fund is hereby created and23
154-referred to in this section as the "fund". The moneys MONEY in the fund24
155-shall be invested by the state treasurer as provided in sections 24-36-109,25
156-24-36-112, and 24-36-113. C.R.S. Any unexpended and unencumbered26
157-moneys MONEY remaining in the fund at the end of any fiscal year shall27
133+-4- year to continue the prior allowable deferral of taxes.1
134+SECTION 3. In Colorado Revised Statutes, 39-3.5-103, amend2
135+(1)(d.5)(I)(B) and (1)(d.5)(II) as follows:3
136+39-3.5-103. Property entitled to deferral. (1) In order to qualify4
137+for real property tax deferral under this article 3.5, the property shall meet5
138+all of the following requirements at the time the claim is filed and so long6
139+thereafter as payment is deferred:7
140+(d.5) (I) Either of the following applies to the property:8
141+(B) The owner of the property is a person called into military9
142+service or a person eligible for deferral under section 39-3.5-102 (1)(c),10
143+and the total value of all liens of mortgages and deeds of trust on the11
144+property, excluding any mortgage or deed of trust that the holder has12
145+agreed, on a form designated by the state treasurer, to subordinate to the13
146+lien of the state for deferred taxes, is less than or equal to ninety percent14
147+of the actual value of the property, as determined by the county assessor;15
148+except that, for property tax years commencing on or after January 1,16
149+2023, the limitation on the total value of all liens of mortgages and deeds17
150+of trust on the property set forth in this subsection (1)(d.5)(I)(B) does not18
151+apply if the owner of the property is a person called into military service19
152+and who has a home loan guaranteed by the veterans administration of the20
153+United States.21
154+(II) For purposes of this subsection (1)(d.5), the actual value of22
155+the property shall be the most recent appraisal by the county assessor as23
156+of the time the claim for deferral is submitted
157+TO THE COUNTY24
158+TREASURER.25
159+SECTION 4. In Colorado Revised Statutes, repeal 39-3.5-103.526
160+as follows:27
158161 261
159--5- remain in the fund and shall not revert or be credited or transferred to the1
160-general fund or be transferred to any other fund. Any interest or income2
161-derived from the deposit and investment of moneys MONEY in the fund3
162-shall remain REMAINS in the fund and shall not be credited to the general4
163-fund. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS5
164-SECTION, moneys MONEY in the fund shall be IS continuously appropriated6
165-to the department for use by the adjutant general to carry out the functions7
166-and duties set forth in this title TITLE 28.8
167-(2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL9
168-ASSEMBLY MAY APPROPRIATE MONEY FROM THE FUND TO THE10
169-DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION DIVISION11
170-FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM12
171-PURSUANT TO ARTICLE 3.5 OF TITLE 39.13
172-(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.14
173-SECTION 7. In Colorado Revised Statutes, 37-60-122.8, amend15
174-(1); and add (4) as follows:16
175-37-60-122.8. Publications fund - repeal. (1) There is hereby17
176-created in the state treasury the publications fund. The fund shall consist18
177-of moneys CONSISTS OF MONEY paid to the board from persons outside the19
178-board for copies of public records or publications provided by the board.20
179-The moneys MONEY in the fund may be expended by the board to pay for21
180-the cost of providing copies of public records or publications to persons22
181-outside the board. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF23
182-THIS SECTION, the moneys MONEY in the fund are hereby IS continuously24
183-appropriated to the board for the purposes established in this section.25
184-(4) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL26
185-ASSEMBLY MAY APPROPRIATE MONEY FROM THE PUBLICATIONS FUND TO27
162+-5- 39-3.5-103.5. State treasurer - program administration - rules.1
163+(1) The state treasurer may conduct a public education campaign about2
164+the property tax deferral program created in this article 3.5.3
165+(2) The state treasurer may contract with a third party to4
166+administer the property tax deferral program on behalf of the state5
167+treasurer.6
168+(3) The state treasurer may promulgate rules, in accordance with7
169+article 4 of title 24, related to the administration of the property tax8
170+deferral program.9
171+SECTION 5. In Colorado Revised Statutes, 39-3.5-104, amend10
172+(1) introductory portion as follows:11
173+39-3.5-104. Claim form - contents. (1) A taxpayer's claim for12
174+deferral must be in writing on a form prescribed and supplied by the state13
175+treasurer and
176+SUPPLIED BY THE COUNTY TREASURER AND must:14
177+SECTION 6. In Colorado Revised Statutes, 39-3.5-105, amend15
178+(1); and repeal (1.5); and add (6)
179+ as follows:16
180+39-3.5-105. Listing of tax-deferred property - tax as lien -17
181+interest accrual. (1) If eligibility for deferral of homestead property is18
182+established as provided in this article 3.5, the state treasurer shall issue a19
183+certificate of deferral, which includes the name of the taxpayer, the20
184+description of the property, the amount of tax deferred, and the year for21
185+which the deferral was granted, and record the certificate of deferral with22
186+the county clerk and recorder in the county where the property is located.23
187+The state treasurer shall notify the county treasurer of a property's24
188+eligibility and provide the county treasurer with the certificate of deferral,25
189+and the county treasurer shall:26
190+(a) Enter in the county treasurer's records a notation that the27
186191 261
187--6- THE DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION1
188-DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL2
189-PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.3
190-(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.4
191-SECTION 8. In Colorado Revised Statutes, amend 38-25.5-1055
192-as follows:6
193-38-25.5-105. Department of revenue fees - repeal. (1) Except7
194-as provided in section 38-25.5-103.5, fees collected by the department of8
195-revenue pursuant to this article ARTICLE 25.5 shall be deposited in the9
196-state treasury in the tax lien certification fund which FUND is hereby10
197-CREATED IN THE STATE TREASURY. EXCEPT AS OTHERWISE PROVIDED IN11
198-SUBSECTION (2) OF THIS SECTION, moneys MONEY so deposited and all12
199-interest earned on such moneys MONEY shall be used by the department13
200-of revenue for the purposes of this article ARTICLE 25.5 in accordance14
201-with the annual appropriation by the general assembly and shall not be15
202-deposited in or transferred to the general fund; except that moneys MONEY16
203-in excess of the maximum reserve, as defined in section 24-75-40217
204-(2)(e.5), C.R.S., that remain in the fund at the end of any state fiscal year18
205-commencing on or after July 1, 2000, shall be transferred to the general19
206-fund.20
207-(2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL21
208-ASSEMBLY MAY APPROPRIATE MONEY FROM THE TAX LIEN CERTIFICATION22
209-FUND TO THE DEPARTMENT OF TREASURY FOR USE BY THE23
210-ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY24
211-TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.25
212-(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.26
213-SECTION 9. In Colorado Revised Statutes, 39-28-102.5, amend27
192+-6- property is tax-deferred;1
193+(b) (I) Retain one copy PROMPTLY, UPON DESIGNATION OF THE2
194+PROPERTY AS TAX-DEFERRED, ISSUE A CERTIFICATE OF DEFERRAL, ON A3
195+FORM PRESCRIBED BY THE STATE TREASURER , THAT INCLUDES THE NAME4
196+OF THE TAXPAYER, THE DESCRIPTION OF THE PROPERTY, THE AMOUNT OF5
197+TAX DEFERRED, AND THE YEAR FOR WHICH THE DEFERRAL WAS GRANTED .6
198+T
199+HE COUNTY CLERK AND RECORDER SHALL RECORD THE CERTIFICATE IN7
200+THE COUNTY RECORDS AND THEREAFTER SEND A COPY OF THE8
201+CERTIFICATE TO THE STATE TREASURER. THE COUNTY TREASURER SHALL9
202+GIVE ONE COPY OF THE CERTIFICATE TO THE ASSESSOR AND SHALL RETAIN10
203+ONE COPY in the county treasurer's office. 11
204+(II) Promptly, upon designation of a mobile home as tax-deferred,12
205+the owner of the mobile home shall surrender title to the property to the13
206+state treasurer
207+ COUNTY CLERK AND RECORDER . The county clerk and14
208+recorder shall, pursuant to the provisions of article 29 of title 38, make15
209+application with the department of revenue for issuance of a new16
210+certificate of title with a record of the lien of the state treasurer. This17
211+procedure shall be followed for each subsequent year that the property is18
212+deferred. T
213+HE COUNTY TREASURER SHALL ISSUE A CERTIFICATE OF19
214+DEFERRAL, ON A FORM PRESCRIBED BY THE STATE TREASURER , THAT
215+20
216+INCLUDES THE NAME OF THE TAXPAYER , THE DESCRIPTION OF THE21
217+PROPERTY, THE AMOUNT DEFERRED, AND THE TAX YEAR FOR WHICH THE22
218+DEFERRAL WAS GRANTED , AND SHALL SEND SUCH CERTIFICATE TO THE23
219+STATE TREASURER. THE COUNTY TREASURER SHALL GIVE ONE COPY OF24
220+THE CERTIFICATE TO THE COUNTY ASSESSOR AND SHALL RETAIN ONE COPY25
221+IN THE COUNTY TREASURER'S OFFICE. Upon satisfaction of the lien, the26
222+state treasurer shall release the lien from the title.27
214223 261
215--7- (1); and add (3) as follows:1
216-39-28-102.5. Licensing of wholesale subcontractors - rules -2
217-fines - repeal. (1) It is unlawful for any wholesale subcontractor to sell3
218-or offer for sale cigarettes to a retailer in this state without first obtaining4
219-a license therefor, granted and issued by the department, which license5
220-shall be in effect until June 30 following the date of issue, unless sooner6
221-revoked. Such licenses shall be granted only to such wholesale7
222-subcontractors who own or operate the places from which such sales are8
223-to be made, and, in case sales are made from two or more separate places9
224-by any such wholesale subcontractor, a separate license for each place of10
225-business shall be required. No license shall be issued to a wholesale11
226-subcontractor unless the wholesale subcontractor has a current license12
227-issued pursuant to section 39-26-103. Such licenses shall be renewed only13
228-upon timely application and payment of the required fee prior to14
229-expiration. Such licenses may be transferred in the discretion of and15
230-pursuant to rules adopted by the department. The license fee shall be ten16
231-dollars per year, and such license fees shall be credited to the wholesale17
232-and distributing subcontractor license fund, which is hereby created in the18
233-state treasury. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF19
234-THIS SECTION, all moneys MONEY in the fund shall be IS subject to annual20
235-appropriation by the general assembly to the department for costs incurred21
236-in administering this section and section 39-28.5-104.5. Such license fees22
237-shall be reduced at the rate of two dollars and fifty cents for each expired23
238-quarter of the license year. The department shall, on reasonable notice and24
239-after a hearing, suspend or revoke the license of any wholesale25
240-subcontractor violating any provision of this article ARTICLE 28, and no26
241-license shall be issued to such wholesale subcontractor within a period of27
224+-7- (1.5) Notwithstanding any provision of law to the contrary, a1
225+county clerk and recorder shall not charge a fee for recording the2
226+certificate of deferral in accordance with subsection (1) of this section.3
227+(6) N
228+O LATER THAN JANUARY 1 OF EACH YEAR, THE STATE
229+4
230+TREASURER SHALL PROVIDE TO EACH COUNTY TREASURER A LIST BY5
231+OWNER AND ADDRESS OF EACH PROPERTY IN THE TREASURER 'S COUNTY6
232+THAT IS SUBJECT TO ONE OR MORE PROPERTY TAX DEFERRAL LIENS7
233+PURSUANT TO THIS ARTICLE 3.5 AND THE TOTAL AMOUNT OF THE LIEN OR8
234+LIENS ON THE PROPERTY AS OF APRIL 30 OF THE PRIOR YEAR.9
235+SECTION 7. In Colorado Revised Statutes, 39-3.5-106, repeal10
236+(3) as follows:11
237+39-3.5-106. State treasurer to pay county treasurer an amount12
238+equivalent to deferred taxes. (3) If a taxpayer defers all or part of the13
239+property taxes due for a property tax year and the county treasurer14
240+receives a payment from, or on behalf of, the taxpayer so that the total15
241+received from the state treasurer and the payer is greater than the16
242+taxpayer's property taxes due, then the county treasurer shall refund the17
243+excess to the payer of the taxes.18
244+SECTION 8. In Colorado Revised Statutes, 39-3.5-107, amend19
245+(2) as follows:20
246+39-3.5-107. Repayment of loans - release of liens - disposition21
247+of payments. (2) A taxpayer must tender repayments of a loan for22
248+deferred taxes to the state treasurer, and the state treasurer shall give the23
249+taxpayer a receipt therefor. A county treasurer shall not accept a24
250+repayment. IF REPAYMENT OF A LOAN FOR DEFERRED TAXES IS TENDERED25
251+TO THE COUNTY TREASURER , THE COUNTY TREASURER SHALL ACCEPT26
252+PAYMENT, GIVE THE PAYER A RECEIPT FOR THE PAYMENT, AND PROMPTLY27
242253 261
243--8- two years thereafter. The department may share information on the names1
244-and addresses of persons who purchased cigarettes from a wholesale2
245-subcontractor for resale with the department of public health and3
246-environment and county and district public health agencies. The4
247-department shall refuse to issue a new or renewal wholesale subcontractor5
248-license and shall revoke a wholesale subcontractor's license, if the6
249-wholesaler owes the state any delinquent taxes administered by the7
250-department or interest thereon pursuant to this title TITLE 39 that have8
251-been determined by law to be due and unpaid, unless the wholesaler has9
252-entered into an agreement approved by the department to pay the amount10
253-due.11
254-(3) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL12
255-ASSEMBLY MAY APPROPRIATE MONEY FROM THE WHOLESALE AND13
256-DISTRIBUTING SUBCONTRACTOR LICENSE FUND TO THE DEPARTMENT OF14
257-TREASURY FOR USE BY THE ADMINISTRATION DIVISION FOR15
258-ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM16
259-PURSUANT TO ARTICLE 3.5 OF THIS TITLE 39.17
260-(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.18
261-SECTION 10. In Colorado Revised Statutes, amend 40-10.1-50919
262-as follows:20
263-40-10.1-509. Outreach - fund - repeal. (1) The moving outreach21
264-fund is hereby created in the state treasury. The fund consists of one-half22
265-the penalties collected from movers and credited to the fund under section23
266-40-7-112. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS24
267-SECTION, the commission shall use the fund to educate consumers about25
268-their rights and the responsibilities of movers under this part 5. This26
269-outreach includes public service announcements about the licensing of27
254+-8- TRANSMIT THE MONEY COLLECTED TO THE STATE TREASURER .1
255+SECTION 9. In Colorado Revised Statutes, amend 39-3.5-1082
256+as follows:3
257+39-3.5-108. Notice to taxpayer regarding duty to claim4
258+deferral annually. As soon as practicable after January 1, the state5
259+treasurer shall send a deferral AT THE TIME THE TREASURER SENDS THE6
260+ANNUAL PROPERTY TAX notice to any taxpayer who has claimed a deferral7
261+of property taxes in the previous calendar year,
262+THE TREASURER SHALL8
263+ENCLOSE A DEFERRAL NOTICE. The deferral notice must be substantially9
264+in the following form:10
265+To: (name of taxpayer)11
266+If you want to defer the collection of ad valorem property taxes on12
267+your homestead for the assessment year ending on December 31,
268+, you13
269+must file a claim for deferral not later than April 1, , with (state14
270+treasurer or the name of third-party administrator, if applicable) THE15
271+OFFICE OF THE COUNTY TREASURER . Forms for filing the claims are16
272+available at (website and mailing address for state treasurer or third-party17
273+administrator, if applicable) THE COUNTY TREASURER'S OFFICE.18
274+If you fail to file your claim for deferral on or before April 1, ,19
275+your real property taxes will be due and payable in accordance with the20
276+schedule set out in the
277+ENCLOSED tax notice. you separately received from
278+21
279+your county treasurer.22
280+If you change your permanent address at any time during the23
281+assessment year ending on December 31, , you must notify the state24
282+treasurer promptly COUNTY TREASURER.25
283+SECTION 10. In Colorado Revised Statutes, amend 39-3.5-10926
284+as follows:27
270285 261
271--9- movers. The moneys MONEY in the fund and any interest earned on1
272-moneys MONEY in the fund remain REMAINS in the fund and do DOES not2
273-revert to the general fund at the end of any fiscal year.3
274-(2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL4
275-ASSEMBLY MAY APPROPRIATE MONEY FROM THE MOVING OUTREACH FUND5
276-TO THE DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION6
277-DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL7
278-PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.8
279-(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.9
280-SECTION 11. In Colorado Revised Statutes, amend 42-1-226 as10
281-follows:11
282-42-1-226. Disabled parking education and enforcement fund12
283-- created - repeal. There is hereby created in the state treasury The13
284-disabled parking education and enforcement fund IS CREATED IN THE14
285-STATE TREASURY, which FUND consists of money collected pursuant to15
286-this section and section 42-4-1208 (6) and (7). EXCEPT AS OTHERWISE16
287-PROVIDED IN SUBSECTION (2) OF THIS SECTION, the general assembly shall17
288-appropriate the money in the fund for the purposes specified in sections18
289-42-1-227, 42-3-204, and 42-4-1208. Unexpended and unencumbered19
290-money in the fund at the end of a fiscal year remains in the fund and shall20
291-not be credited or transferred to the general fund or another fund. The21
292-department may accept gifts, grants, or donations from private or public22
293-sources for the purposes of this section. All private and public money23
294-received through gifts, grants, or donations must be transmitted to the24
295-state treasurer, who shall credit the money to the fund.25
296-(2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL26
297-ASSEMBLY MAY APPROPRIATE MONEY FROM THE DISABLED PARKING27
286+-9- 39-3.5-109. Failure to receive notices. Failure to receive the1
287+notice provided for in this article 3.5 is not a defense in any proceeding2
288+for the collection of taxes or for the foreclosure of a tax lien. Neither the3
289+state treasurer nor A county treasurer is NOT personally liable for failure4
290+to give such notices.5
291+SECTION 11. Effective date. This act takes effect July 1, 2025.6
292+SECTION 12. Safety clause. The general assembly finds,7
293+determines, and declares that this act is necessary for the immediate8
294+preservation of the public peace, health, or safety or for appropriations for9
295+the support and maintenance of the departments of the state and state10
296+institutions.11
298297 261
299--10- EDUCATION AND ENFORCEMENT FUND TO THE DEPARTMENT OF TREASURY1
300-FOR USE BY THE ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE2
301-STATE PROPERTY TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF3
302-TITLE 39.4
303-(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.5
304-SECTION 12. Appropriation. (1) For the 2025-26 state fiscal6
305-year, $721,716 is appropriated to the department of treasury for use by the7
306-administration division for administration of the state property tax8
307-deferral program pursuant to article 3.5 of title 39, C.R.S. This9
308-appropriation consists of:10
309-(a) $175,058 from the damage prevention fund created in section11
310-9-1.5-104.7, C.R.S.;12
311-(b) $121,389 from the disabled parking education and13
312-enforcement fund created in section 42-1-226, C.R.S.;14
313-(c) $118,741 from the professional development center cash fund15
314-created in section 24-50-122, C.R.S.;16
315-(d) $85,901 from the tax lien certification fund created in section17
316-38-25.5-105, C.R.S.;18
317-(e) $83,839 from the dispute resolution fund created in section19
318-13-22-310, C.R.S.;20
319-(f) $83,354 from the family support services fund created in21
320-section 25.5-10-305.5, C.R.S.;22
321-(g) $21,278 from the immunization fund created in section23
322-25-4-1708, C.R.S.;24
323-(h) $9,648 from the publications fund created in section25
324-37-60-122.8, C.R.S.;26
325-(i) $6,784 from the youthful offender system surcharge fund27
326-261
327--11- created in section 18-22-103, C.R.S.;1
328-(j) $5,963 from the moving outreach fund created in section2
329-40-10.1-509, C.R.S.;3
330-(k) $5,348 from the department of military and veterans affairs4
331-fund created in section 28-3-107, C.R.S.; and5
332-(l) $4,413 from the wholesale and distributing subcontractor6
333-license fund created in section 39-28-102.5, C.R.S.7
334-(2) To implement this act, the division may use this appropriation8
335-as follows:9
336-(a) $600,000 for a contract with a third party for program10
337-administration as authorized by section 39-3.5-103.5 (2), C.R.S.;11
338-(b) $99,360 for temporary employees to support a call center and12
339-field calls, which amount is based on an assumption that the division will13
340-require an additional 4.0 FTE in January and February 2026, an additional14
341-3.0 FTE in March and April 2026, and an additional 1.0 FTE in May15
342-2026; and16
343-(c) $22,356 for other operating and administrative expenses.17
344-SECTION 13. Safety clause. The general assembly finds,18
345-determines, and declares that this act is necessary for the immediate19
346-preservation of the public peace, health, or safety or for appropriations for20
347-the support and maintenance of the departments of the state and state21
348-institutions.22
349-261
350--12-
298+-10-