First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 25-0967.02 Jason Gelender x4330 SENATE BILL 25-261 Senate Committees House Committees Appropriations Appropriations A BILL FOR AN ACT C ONCERNING THE ADMINISTRATION OF THE PROPERTY TAX DEFERRAL101 PROGRAM, AND, IN CONNECTION THEREWITH, AUTHORIZING102 APPROPRIATIONS FROM SPECIFIED CASH FUNDS FOR THE 2025-26103 STATE FISCAL YEAR ONLY TO FUND SUCH ADMINISTRATION .104 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Joint Budget Committee. The state has a property tax deferral program (program) under which the state makes a secured loan to a qualified taxpayer to pay property taxes owed for the taxpayer's HOUSE Amended 2nd Reading April 9, 2025 SENATE 3rd Reading Unamended April 3, 2025 SENATE Amended 2nd Reading April 2, 2025 SENATE SPONSORSHIP Amabile and Kirkmeyer, Bridges, Rich HOUSE SPONSORSHIP Bird and Sirota, Taggart Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. homestead. The program was available only to seniors and persons called into active military service until 2021, when the general assembly expanded the program to also allow an otherwise nonqualifying taxpayer whose property tax had increased by at least a specified percentage (new qualified taxpayer) to participate. In 2022, the general assembly shifted much of the responsibility for the administration of the program from the county treasurers to the state treasurer. The bill reverses the 2022 shift of administrative responsibilities for the program so that county treasurers will generally have the same responsibilities for administering the program as they did prior to 2022. The bill also specifies that a new qualified taxpayer may only claim deferral of property taxes levied for a property tax year commencing on or after January 1, 2025, if the board of county commissioners of the county in which the taxpayer's homestead is located has, after receiving input from the county treasurer of that county, adopted a resolution requiring the county treasurer to accept applications for such deferral claims. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 9-1.5-104.7, amend2 (3) introductory portion; and add (4) as follows:3 9-1.5-104.7. Damage prevention fund - repeal. (3) EXCEPT AS4 OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, only the safety5 commission may authorize expenditures from the fund. Subject to annual6 appropriation by the general assembly, the safety commission may use7 money deposited in the fund only to:8 (4) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL9 ASSEMBLY MAY APPROPRIATE MONEY FROM THE FUND TO THE10 DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION DIVISION11 FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM12 PURSUANT TO ARTICLE 3.5 OF TITLE 39.13 (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.14 SECTION 2. In Colorado Revised Statutes, 18-22-103, amend15 (3); and add (5) as follows:16 261-2- 18-22-103. Source of revenues - allocation of money - repeal.1 (3) There is hereby created in the state treasury a youthful offender2 system surcharge fund which shall consist CONSISTS of moneys MONEY3 received by the state treasurer pursuant to paragraph (b) of subsection (2)4 SUBSECTION (2)(b) of this section. In accordance with section 24-36-114,5 C.R.S., all interest derived from the deposit and investment of this fund6 shall be credited to the general fund. Any moneys MONEY not7 appropriated by the general assembly shall remain REMAINS in the8 youthful offender system surcharge fund and shall not be transferred or9 revert to the general fund of the state at the end of any fiscal year. EXCEPT10 AS OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION, all moneys11 MONEY in the fund shall be IS subject to annual appropriation by the12 general assembly to the department of corrections to cover the direct and13 indirect costs associated with the rehabilitation, education, and treatment14 of youthful offenders sentenced to a youthful offender system. 15 (5) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL16 ASSEMBLY MAY APPROPRIATE MONEY FROM THE YOUTHFUL OFFENDER17 SYSTEM SURCHARGE FUND TO THE DEPARTMENT OF TREASURY FOR USE BY18 THE ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE STATE19 PROPERTY TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE20 39.21 (b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.22 SECTION 3. In Colorado Revised Statutes, 24-50-122, amend23 (2); and add (3) as follows:24 24-50-122. Opportunities for training - professional25 development center cash fund - creation - rules - repeal. (2) The26 executive director of the department of personnel shall establish any fees27 261 -3- necessary to pay for the direct and indirect costs of the training programs1 specified in subsection (1) of this section. All moneys MONEY collected2 shall be transmitted to the state treasurer, who shall credit the same to the3 professional development center cash fund, which fund is hereby created.4 EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, the5 moneys MONEY in the fund shall be IS subject to annual appropriation by6 the general assembly for the direct and indirect costs of establishing and7 maintaining the training programs specified in subsection (1) of this8 section. All interest derived from the deposit and investment of moneys9 MONEY in the fund shall be credited to the fund. Any unexpended and10 unencumbered moneys MONEY remaining in the fund at the end of a fiscal11 year shall remain REMAINS in the fund and shall not be credited or12 transferred to the general fund or any other fund.13 (3) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL14 ASSEMBLY MAY APPROPRIATE MONEY FROM THE PROFESSIONAL15 DEVELOPMENT CENTER CASH FUND TO THE DEPARTMENT OF TREASURY16 FOR USE BY THE ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE17 STATE PROPERTY TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF18 TITLE 39.19 (b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.20 SECTION 4. In Colorado Revised Statutes, 25-4-1708, amend21 (1)(a) introductory portion; and add (5) as follows:22 25-4-1708. Fund created - repeal. (1) (a) There is hereby23 established in the state treasury a fund to be known as The immunization24 fund IS CREATED IN THE STATE TREASURY, which fund is, EXCEPT AS25 OTHERWISE PROVIDED IN SUBSECTION (5) OF THIS SECTION, subject to26 annual appropriation by the general assembly to the department of public27 261 -4- health and environment for the purposes of:1 (5) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL2 ASSEMBLY MAY APPROPRIATE MONEY FROM THE IMMUNIZATION FUND TO3 THE DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION4 DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL5 PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.6 (b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.7 SECTION 5. In Colorado Revised Statutes, 25.5-10-305.5, add8 (4) as follows:9 25.5-10-305.5. Family support services fund - creation - repeal.10 (4) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL11 ASSEMBLY MAY APPROPRIATE MONEY FROM THE FUND TO THE12 DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION DIVISION13 FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM14 PURSUANT TO ARTICLE 3.5 OF TITLE 39.15 (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.16 SECTION 6. In Colorado Revised Statutes, amend 28-3-107 as17 follows:18 28-3-107. Department of military and veterans affairs fund -19 creation - repeal. (1) Any gifts, grants, and donations accepted by the20 adjutant general pursuant to section 28-3-106 (1)(x) shall be transmitted21 to the state treasurer, who shall credit the same to the department of22 military and veterans affairs fund, which fund is hereby created and23 referred to in this section as the "fund". The moneys MONEY in the fund24 shall be invested by the state treasurer as provided in sections 24-36-109,25 24-36-112, and 24-36-113. C.R.S. Any unexpended and unencumbered26 moneys MONEY remaining in the fund at the end of any fiscal year shall27 261 -5- remain in the fund and shall not revert or be credited or transferred to the1 general fund or be transferred to any other fund. Any interest or income2 derived from the deposit and investment of moneys MONEY in the fund3 shall remain REMAINS in the fund and shall not be credited to the general4 fund. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS5 SECTION, moneys MONEY in the fund shall be IS continuously appropriated6 to the department for use by the adjutant general to carry out the functions7 and duties set forth in this title TITLE 28.8 (2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL9 ASSEMBLY MAY APPROPRIATE MONEY FROM THE FUND TO THE10 DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION DIVISION11 FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM12 PURSUANT TO ARTICLE 3.5 OF TITLE 39.13 (b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.14 SECTION 7. In Colorado Revised Statutes, 37-60-122.8, amend15 (1); and add (4) as follows:16 37-60-122.8. Publications fund - repeal. (1) There is hereby17 created in the state treasury the publications fund. The fund shall consist18 of moneys CONSISTS OF MONEY paid to the board from persons outside the19 board for copies of public records or publications provided by the board.20 The moneys MONEY in the fund may be expended by the board to pay for21 the cost of providing copies of public records or publications to persons22 outside the board. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF23 THIS SECTION, the moneys MONEY in the fund are hereby IS continuously24 appropriated to the board for the purposes established in this section.25 (4) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL26 ASSEMBLY MAY APPROPRIATE MONEY FROM THE PUBLICATIONS FUND TO27 261 -6- THE DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION1 DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL2 PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.3 (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.4 SECTION 8. In Colorado Revised Statutes, amend 38-25.5-1055 as follows:6 38-25.5-105. Department of revenue fees - repeal. (1) Except7 as provided in section 38-25.5-103.5, fees collected by the department of8 revenue pursuant to this article ARTICLE 25.5 shall be deposited in the9 state treasury in the tax lien certification fund which FUND is hereby10 CREATED IN THE STATE TREASURY. EXCEPT AS OTHERWISE PROVIDED IN11 SUBSECTION (2) OF THIS SECTION, moneys MONEY so deposited and all12 interest earned on such moneys MONEY shall be used by the department13 of revenue for the purposes of this article ARTICLE 25.5 in accordance14 with the annual appropriation by the general assembly and shall not be15 deposited in or transferred to the general fund; except that moneys MONEY16 in excess of the maximum reserve, as defined in section 24-75-40217 (2)(e.5), C.R.S., that remain in the fund at the end of any state fiscal year18 commencing on or after July 1, 2000, shall be transferred to the general19 fund.20 (2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL21 ASSEMBLY MAY APPROPRIATE MONEY FROM THE TAX LIEN CERTIFICATION22 FUND TO THE DEPARTMENT OF TREASURY FOR USE BY THE23 ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY24 TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.25 (b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.26 SECTION 9. In Colorado Revised Statutes, 39-28-102.5, amend27 261 -7- (1); and add (3) as follows:1 39-28-102.5. Licensing of wholesale subcontractors - rules -2 fines - repeal. (1) It is unlawful for any wholesale subcontractor to sell3 or offer for sale cigarettes to a retailer in this state without first obtaining4 a license therefor, granted and issued by the department, which license5 shall be in effect until June 30 following the date of issue, unless sooner6 revoked. Such licenses shall be granted only to such wholesale7 subcontractors who own or operate the places from which such sales are8 to be made, and, in case sales are made from two or more separate places9 by any such wholesale subcontractor, a separate license for each place of10 business shall be required. No license shall be issued to a wholesale11 subcontractor unless the wholesale subcontractor has a current license12 issued pursuant to section 39-26-103. Such licenses shall be renewed only13 upon timely application and payment of the required fee prior to14 expiration. Such licenses may be transferred in the discretion of and15 pursuant to rules adopted by the department. The license fee shall be ten16 dollars per year, and such license fees shall be credited to the wholesale17 and distributing subcontractor license fund, which is hereby created in the18 state treasury. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF19 THIS SECTION, all moneys MONEY in the fund shall be IS subject to annual20 appropriation by the general assembly to the department for costs incurred21 in administering this section and section 39-28.5-104.5. Such license fees22 shall be reduced at the rate of two dollars and fifty cents for each expired23 quarter of the license year. The department shall, on reasonable notice and24 after a hearing, suspend or revoke the license of any wholesale25 subcontractor violating any provision of this article ARTICLE 28, and no26 license shall be issued to such wholesale subcontractor within a period of27 261 -8- two years thereafter. The department may share information on the names1 and addresses of persons who purchased cigarettes from a wholesale2 subcontractor for resale with the department of public health and3 environment and county and district public health agencies. The4 department shall refuse to issue a new or renewal wholesale subcontractor5 license and shall revoke a wholesale subcontractor's license, if the6 wholesaler owes the state any delinquent taxes administered by the7 department or interest thereon pursuant to this title TITLE 39 that have8 been determined by law to be due and unpaid, unless the wholesaler has9 entered into an agreement approved by the department to pay the amount10 due.11 (3) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL12 ASSEMBLY MAY APPROPRIATE MONEY FROM THE WHOLESALE AND13 DISTRIBUTING SUBCONTRACTOR LICENSE FUND TO THE DEPARTMENT OF14 TREASURY FOR USE BY THE ADMINISTRATION DIVISION FOR15 ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL PROGRAM16 PURSUANT TO ARTICLE 3.5 OF THIS TITLE 39.17 (b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.18 SECTION 10. In Colorado Revised Statutes, amend 40-10.1-50919 as follows:20 40-10.1-509. Outreach - fund - repeal. (1) The moving outreach21 fund is hereby created in the state treasury. The fund consists of one-half22 the penalties collected from movers and credited to the fund under section23 40-7-112. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS24 SECTION, the commission shall use the fund to educate consumers about25 their rights and the responsibilities of movers under this part 5. This26 outreach includes public service announcements about the licensing of27 261 -9- movers. The moneys MONEY in the fund and any interest earned on1 moneys MONEY in the fund remain REMAINS in the fund and do DOES not2 revert to the general fund at the end of any fiscal year.3 (2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL4 ASSEMBLY MAY APPROPRIATE MONEY FROM THE MOVING OUTREACH FUND5 TO THE DEPARTMENT OF TREASURY FOR USE BY THE ADMINISTRATION6 DIVISION FOR ADMINISTRATION OF THE STATE PROPERTY TAX DEFERRAL7 PROGRAM PURSUANT TO ARTICLE 3.5 OF TITLE 39.8 (b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.9 SECTION 11. In Colorado Revised Statutes, amend 42-1-226 as10 follows:11 42-1-226. Disabled parking education and enforcement fund12 - created - repeal. There is hereby created in the state treasury The13 disabled parking education and enforcement fund IS CREATED IN THE14 STATE TREASURY, which FUND consists of money collected pursuant to15 this section and section 42-4-1208 (6) and (7). EXCEPT AS OTHERWISE16 PROVIDED IN SUBSECTION (2) OF THIS SECTION, the general assembly shall17 appropriate the money in the fund for the purposes specified in sections18 42-1-227, 42-3-204, and 42-4-1208. Unexpended and unencumbered19 money in the fund at the end of a fiscal year remains in the fund and shall20 not be credited or transferred to the general fund or another fund. The21 department may accept gifts, grants, or donations from private or public22 sources for the purposes of this section. All private and public money23 received through gifts, grants, or donations must be transmitted to the24 state treasurer, who shall credit the money to the fund.25 (2) (a) FOR THE 2025-26 STATE FISCAL YEAR ONLY, THE GENERAL26 ASSEMBLY MAY APPROPRIATE MONEY FROM THE DISABLED PARKING27 261 -10- EDUCATION AND ENFORCEMENT FUND TO THE DEPARTMENT OF TREASURY1 FOR USE BY THE ADMINISTRATION DIVISION FOR ADMINISTRATION OF THE2 STATE PROPERTY TAX DEFERRAL PROGRAM PURSUANT TO ARTICLE 3.5 OF3 TITLE 39.4 (b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2026.5 SECTION 12. Appropriation. (1) For the 2025-26 state fiscal6 year, $721,716 is appropriated to the department of treasury for use by the7 administration division for administration of the state property tax8 deferral program pursuant to article 3.5 of title 39, C.R.S. This9 appropriation consists of:10 (a) $175,058 from the damage prevention fund created in section11 9-1.5-104.7, C.R.S.;12 (b) $121,389 from the disabled parking education and13 enforcement fund created in section 42-1-226, C.R.S.;14 (c) $118,741 from the professional development center cash fund15 created in section 24-50-122, C.R.S.;16 (d) $85,901 from the tax lien certification fund created in section17 38-25.5-105, C.R.S.;18 (e) $83,839 from the dispute resolution fund created in section19 13-22-310, C.R.S.;20 (f) $83,354 from the family support services fund created in21 section 25.5-10-305.5, C.R.S.;22 (g) $21,278 from the immunization fund created in section23 25-4-1708, C.R.S.;24 (h) $9,648 from the publications fund created in section25 37-60-122.8, C.R.S.;26 (i) $6,784 from the youthful offender system surcharge fund27 261 -11- created in section 18-22-103, C.R.S.;1 (j) $5,963 from the moving outreach fund created in section2 40-10.1-509, C.R.S.;3 (k) $5,348 from the department of military and veterans affairs4 fund created in section 28-3-107, C.R.S.; and5 (l) $4,413 from the wholesale and distributing subcontractor6 license fund created in section 39-28-102.5, C.R.S.7 (2) To implement this act, the division may use this appropriation8 as follows:9 (a) $600,000 for a contract with a third party for program10 administration as authorized by section 39-3.5-103.5 (2), C.R.S.;11 (b) $99,360 for temporary employees to support a call center and12 field calls, which amount is based on an assumption that the division will13 require an additional 4.0 FTE in January and February 2026, an additional14 3.0 FTE in March and April 2026, and an additional 1.0 FTE in May15 2026; and16 (c) $22,356 for other operating and administrative expenses.17 SECTION 13. Safety clause. The general assembly finds,18 determines, and declares that this act is necessary for the immediate19 preservation of the public peace, health, or safety or for appropriations for20 the support and maintenance of the departments of the state and state21 institutions.22 261 -12-