43 | 45 | | into active military service until 2021, when the general assembly |
---|
44 | 46 | | expanded the program to also allow an otherwise nonqualifying taxpayer |
---|
45 | 47 | | whose property tax had increased by at least a specified percentage (new |
---|
46 | 48 | | qualified taxpayer) to participate. In 2022, the general assembly shifted |
---|
47 | 49 | | much of the responsibility for the administration of the program from the |
---|
48 | 50 | | county treasurers to the state treasurer. |
---|
49 | 51 | | The bill reverses the 2022 shift of administrative responsibilities |
---|
50 | 52 | | for the program so that county treasurers will generally have the same |
---|
51 | 53 | | responsibilities for administering the program as they did prior to 2022. |
---|
52 | 54 | | The bill also specifies that a new qualified taxpayer may only claim |
---|
53 | 55 | | deferral of property taxes levied for a property tax year commencing on |
---|
54 | 56 | | or after January 1, 2025, if the board of county commissioners of the |
---|
55 | 57 | | county in which the taxpayer's homestead is located has, after receiving |
---|
56 | 58 | | input from the county treasurer of that county, adopted a resolution |
---|
57 | 59 | | requiring the county treasurer to accept applications for such deferral |
---|
58 | 60 | | claims. |
---|
59 | 61 | | 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72 | | - | (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.14 |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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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- |
---|