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Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
SB233_H_APP.003 HOUSE COMMITTEE OF REFERENCE REPORT _______________________________ May 7, 2024 Chair of Committee Date Committee on Appropriations.
24-1148.09 Pierce Lively x2059 SENATE BILL 24-233 SENATE SPONSORSHIP Hansen and Kirkmeyer, Pelton B., Fenberg, Priola HOUSE SPONSORSHIP deGruy Kennedy and Frizell, Pugliese Senate Committees House Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT C ONCERNING PROPERTY TAX , AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
SB24-233 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) Propertytaxrevenuelimit.Beginningwiththe2025propertytax year, section 2 of the bill establishes a limit on specified property tax revenue for local governments (limit).
Amend reengrossed bill, page 7, line 7, strike "LE X SECTION 20" and substitute "CTION 20 OF ARTICLE X".
This limit does not apply to local governmentsthatarehomerulelocalgovernments,schooldistricts,have g not received voter approval to exceed the statutory 5.5% property tax d revenue limitation, or have not received voter approval to collect, retain, e 4 T R 0 A n , Shading denotes HOUSE amendment.
Page7,line13,strike"JANUARY 1,2025."andsubstitute"THEEFFECTIVE DATE OF THIS PART 17.".
Double underlining denotes SENATE amendment.
Page 7, line 15, strike "" and substituteOR".
E d y Capital letters or bold & italic numbers indicate new material to be added to existing law.
Page 10, line 13, strike "CLE X SECTION 20" and substitutSECTION 20 OF ARTICLE X".
M Dashes through the words or numbers indicate deletions from existing law.
Page 10, line 15, strike "" and substitutOF THE FOLLOWING IS NOT INCLUDED IN THE CALCULATION OF THE PROPERTY TAX LIMIT :".
e A and spend revenue without regard to the limitations in section 20 of article X of the state constitution.
Page 12, line 2, strike "year" and substitute "yearARS" and after "2023," insert "D ANUARY 1, 2024,".
The limit is equal to the local governmental entity's base year qualified propertytax revenue increased by5.5% for each year since the base year including the relevant property tax year.
Page 12, strike lines 7 through 12.
A local government mayseek voter approval to waive the limit.
Renumber succeeding subparagraphs accordingly.
A local governmental entity's base year is:
Page 15, line 24, after "" insertASSESSMENT FOR ".
! For a local governmental entitythat had qualified property tax revenue for the 2023 property tax year, the local governmentalentity'squalifiedpropertytaxrevenueforthe property tax year, plus any money the local governmental entityreceived fromthe state to compensate the local governmental entity for reduced property tax revenue in the 2023 property tax year;
Page 15, line 26, strike "6.7" and substitute "6.4".
! For a local governmental entity that did not have qualified property tax revenue for the 2023 property tax year, the local governmental entity's qualified property tax revenue for the first year that the local governmental entity has property tax revenue;
Page 16, line 8, strike "106.716418%" and substitute "111.71875%".
and ! The local governmental entity's qualified property tax revenueforthemostrecentpropertytax year for which the local governmental entity's voters approved temporarily waiving the limit.
Page 16, line 9, strike "6.7" and substitute "6.4".
If a local government property tax revenue would otherwise exceed the limit, a local government shall establish a temporary property tax credit equal to the number of mills necessaryto prevent the local government's property tax revenue from exceeding the limit.
Page 17, after line 6 insert:
Commercialpropertyvaluationreductions.Undercurrentlaw, forcommercialproperty,thevaluationforassessment(valuation)is29% of the actual value of the property.
"SECTION5.
Section 3 reduces the valuation of commercial property as follows:
InColoradoRevisedStatutes,39-1-104.2,amend (1)(a), (1)(b), (3)(q)(I), (3)(q)(II), (3)(r)(I), and (3)(r)(II);
! For property tax year 2024, the valuation is 27.9% of the amount equal to the actual value of the property minus the lesser of $30,000 or the amount that causes the valuation for assessment of the property to be $1,000 (alternate amount);
amend as amended by Senate Bill 24-111 (3)(q) introductory portion and (3)(r) introductoryportion;amendasaddedbySenateBill24-111(1)(a.5)and (3)(s);
! For property tax year 2025, the valuation is 27% of the actual value of the property;
repeal (3)(r)(III);
! For property tax year 2026, the valuation is 26% of the actual value of the property;
and add (1)(c), (1)(d), (3)(t), and (3)(u) as follows:
and ! For property tax years commencing on or after January 1, 2027, the valuation is 25% of the actual value of the property.
Residential real property valuation reductions.
For the 2024 property tax year, section 4 makes 2 reductions to residential real propertyvaluationbycontinuingthe2023propertytaxyearreductionsto -2- 233 residential real property valuation:
! For multi-family residential real property, the bill reduces the valuation from6.8% of the actual value of the property to 6.7% of the amount equal to the actual value of the property minus the lesser of $55,000 or the alternate amount;
and ! For all other residential real property, the bill reduces the valuation from an estimated 7.06% of the actual value of the property to 6.7% of the amount equal to the actual value of the property minus the lesser of $55,000 or the alternate amount.
Section5makesaconformingamendmenttothereduction for all otherresidentialrealpropertyforthe2024propertytaxyear,asdescribed in section 4.
For the 2025 propertytax year, section 4 modifies residential real propertyvaluationsothatthevaluationforallresidentialrealpropertyis:
! For the purpose of a levy imposed by a school district, 7.15% of the actual value of the property;
and ! For the purpose of a levyimposed bya local governmental entity that is not a school district, 6.7% of the actual value of the property.
For the 2026 property tax year and all future property tax years, propertytax year and all future propertytax years, section 4 also reduces the valuation for all residential real property from 7.15% of the actual value of the property.
For all residential real property, the valuation is:
! For the purpose of a levy imposed by a school district, the lesser of 7.15% of the actual value of the property or a percentage of the actual value of the property determined bythepropertytaxadministratorpursuanttosection6;and ! For the purpose of a levyimposed bya local governmental entity that is not a school district, 6.95% of the amount equaltotheactualvalueof thepropertyminusthelesserof 10% of the actual value of the property or $70,000 as adjusted for inflation in the first year of each subsequent reassessment cycle.
Adjustable residential real property valuation.
Section 6 requires legislative council staff to notify the property tax administrator of the first year after 2026 in which the local share of total program is equal to or greater than 60% of the total program determined pursuant to the "Public School Finance Act" (act).
For every property tax year after thatyear,thevaluationforassessmentforallresidentialrealproperty,for the purpose of a levy imposed by a school district, is equal to the lesser of:
! 7.15% of the actual value of the property;
or ! The percentage of the actual value of the property -3- 233 necessaryforthelocalshareof totalprogramto equal 60% of the total program determined pursuant to the act, based on the best available information when the property tax administrator determines the percentage of actual value.
Reimbursement of local governments.
The state reimbursed localgovernmentalentitiesforpropertytaxrevenuelostasaresult of the reductions in valuation enacted in Senate Bill 22-238 and Senate Bill 23B-001.
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Section 7 establishes a reimbursement mechanism for certain local governmental entities other than school districts to account for property tax revenue lost as a result of the reductions in valuation in the bill for the 2024 property tax year.
The reimbursement mechanism requires the state to reimburse local governments in an amount equal to the decrease, if any, in assessed value between the 2022 and 2024 property tax years multiplied by the local governments' mill levy rate fromthe2022propertytaxyear.Section7createsafundoutofwhichthe statemakesthereimbursementsandrequiresthestatetreasurertotransfer tothefundanamountequaltoonepercentoftheamountappropriatedfor expenditure from the general fund for state fiscal year 2024-25.
Section makes a corresponding reduction to the amount of the unrestricted general fund year-end balance that must be retained as a reserve for state fiscal year 2024-25.
Property tax deferral program.
The existing property tax deferral program allows any person to defer the payment of the portion of real property taxes on the person's homestead that exceeds the tax-growth cap, which is an amount equal to the average of the person's real property taxes paid for the preceding 2 property tax years for the samehomestead,increasedby4%.Beginningwiththe2025 propertytax year, section 8 removes the 4% tax-growth cap.
Accordingly, beginning with the 2025 property tax year, a person may defer the payment of the portion of real propertytaxes on the person's homestead that exceeds the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead.
Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
InColoradoRevisedStatutes,addpart17toarticle 1 of title 29 as follows:
PART 17 PROPERTY TAX REVENUE LIMIT 29-1-1701.
Definitions.
A S USED IN THIS PART 17,UNLESS THE -4- 233 CONTEXT OTHERWISE REQUIRES :
(1) "LOCAL GOVERNMENTAL ENTITY "MEANS A GOVERNMENTAL ENTITYAUTHORIZEDBYLAWTOIMPOSEADVALOREMTAXESONTAXABLE PROPERTY LOCATED WITHIN ITS TERRITORIAL LIMI;EXCEPT THAT THE TERM EXCLUDES ANY :
(a) SCHOOL DISTRIC;
(b) C OUNTY ,CITY AND COUNTY ,CITY,OR TOWN THAT HAS ADOPTED A HOME RULE CHARTER ;
(c) L OCAL GOVERNMENT THAT IS SUBJECT TO AND HAS NOT RECEIVEDVOTERAPPROVALTOEXCEEDTHEREVENUELIMITSETFORTHIN SECTION 29-1-301AND (d) LOCALGOVERNMENTTHATDOESNOTHAVEVOTERAPPROVAL TO COLLECT,RETAIN,AND SPEND ,WITHOUT REGARD TO ANY SPENDING , REVENUE ,OR OTHER LIMITATION CONTAINED WITHIN SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION ,ALL REVENUE FROM THE IMPOSITION OF AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR SUBSEQUENT TO THE APPROVAL .
(2) "PROPERTY TAX LIMIT " MEANS THE ANNUAL LIMIT ESTABLISHED IN SECTION 29-1-1702AND CALCULATED PURSUANT TO SECTION29-1-1703ONALOCALGOVERNMENTALENTITY 'SPROPERTYTAX REVENUE .
(3) "QUALIFIED PROPERTY TAX REVENUE " MEANS A LOCAL GOVERNMENTALENTITY 'SPROPERTYTAXREVENUE FORAPROPERTYTAX YEAR EXCLUSIVE OF PROPERTY TAX REVENUE THAT IS FROM THE FOLLOWING SOURCES AND IS USED FOR THE FOLLOWING PURPOSE:
(a) PROPERTY TAX REVENUE FROM THE INCREASED VALUATION FOR ASSESSMENT WITHIN THE TAXING ENTITY FOR THE PRECEDING -5- 233 PROPERTYTAXYEARTHATISATTRIBUTABLETONEWCONSTRUCTIONAND PERSONAL PROPERTY CONNECTED THEREWITH , AS DEFINED BY THE PROPERTY TAX ADMINISTRATOR IN MANUALS PREPARED PURSUANT TO SECTION 39-2-109 (1)(e);
(b) PROPERTY TAX REVENUE FROM THE INCREASED VALUATION FOR ASSESSMENT ATTRIBUTABLE TO A CHANGE IN LAW FOR A PROPERTY TAX CLASSIFICATION OR TO THE ANNEXATION OR INCLUSION OF ADDITIONAL LAND , THE IMPROVEMENTS THEREON , AND PERSONAL PROPERTY CONNECTED THEREWITH WITHIN THE TAXING ENTITY FOR THE PRECEDING PROPERTY TAX YEAR;
(c) ICREASED PROPERTY TAX REVENUE ATTRIBUTABLE TO THE EXPIRATION OF THE USE OF THE LOCAL GOVERNMENTAL ENTITY S INCREMENTALTAXREVENUESDIVERTEDFORTHEPURPOSESOFPART 1OF ARTICLE25 OFTITLE31 OROTHERTAXINCREMENTFINANCINGPURPOSES ;
(d) PROPERTY TAX REVENUE FOR PROPERTY THAT WAS OMITTED FROM THE ASSESSMENT ROLL IN THE PRECEDING PROPERTY TAX YEA;
(e)PROPERTYTAXREVENUEABATEDORREFUNDEDBYTHELOCAL GOVERNMENTAL ENTITY DURING THE PROPERTY TAX YEAR ;
(f) PROPERTY TAX REVENUE ATTRIBUTABLE TO PREVIOUSLY LEGALLY EXEMPT FEDERAL PROPERTY THAT BECOMES TAXABLE ,IF SUCH PROPERTY CAUSES AN INCREASE IN THE LEVELOFSERVICES PROVIDED BY THE LOCAL GOVERNMENTAL ENTITY ;
(g) PROPERTY TAX REVENUE FROM PRODUCING MINES OR LANDS OR LEASEHOLDS PRODUCING OIL OR GA;
(h) AN AMOUNT TO PROVIDE FOR THE PAYMENT OF BONDS THAT ARE OUTSTANDING AS OF THE EFFECTIVE DATE OF THIS P17TAND THE INTEREST THEREON,OR FOR THE PAYMENT OFANY OTHER CONTRACTUAL -6- 233 OBLIGATION THAT HAS BEEN APPROVED BY A MAJORITY OF THE LOCAL GOVERNMENTALENTITY 'SVOTERSVOTINGTHEREONOUTSTANDINGASOF THE EFFECTIVE DATE OF THIS PART 17;
AND BONDS OR OTHER CONTRACTUALOBLIGATIONSISSUEDINACCORDANCEWITHTHEEXISTING VOTED AUTHORIZATION OF A LOCAL GOVERNMENTAL ENTITY APPROVED BYAMAJORITY OFTHE LOCALGOVERNMENTALENTITY 'SVOTERSVOTING THEREON IN ACCORDANCE WITH ARTICLE X SECTION20 OF THE STATE CONSTITUTION AS OF THE EFFECTIVE DATE OF THIS P17;OR (i) PROPERTY TAX REVENUE ATTRIBUTABLE TO A LOCAL GOVERNMENTAL ENTITY INCREASING THE TOTAL NUMBER OF MILLS IT LEVIES UPON RECEIVING THE APPROVAL OF THE MAJORITY OF THE LOCAL GOVERNMENTALENTITY 'SVOTERSFORSUCHANINCREASEINANELECTION OCCURRING ON OR AFTER ANUARY 1, 2025.
29-1-1702.
Propertytaxlimitimposition-temporaryproperty taxcredit-refund.(1) FRPROPERTYTAXYEARSCOMMENCINGONAND AFTER JANUARY 1, 2025,A LOCAL GOVERNMENTAL ENTITY S QUALIFIED PROPERTYTAXREVENUEFORAPROPERTYTAXYEARMUSTNOTINCREASE BY MORE THAN THE PROPERTY TAX LIMI.
(2) (a) T O PREVENT THE LOCAL GOVERNMENTAL ENTITY S QUALIFIEDPROPERTYTAXREVENUEFROMEXCEEDINGTHEPROPERTYTAX LIMIT,A LOCAL GOVERNMENTAL ENTITY S GOVERNING BODY SHALL EITHER:
(I) EACTATEMPORARYPROPERTYTAXCREDITTHATISUPTOTHE NUMBER OF MILLS NECESSARY TO PREVENT THE LOCAL GOVERNMENTAL ENTITY'S QUALIFIED PROPERTY TAX REVENUE FROM EXCEEDING THE PROPERTY TAX LIMIT;OR (II) TMPORARILYREDUCETHEMILLLEVYIMPOSEDBYTHELOCAL -7- 233 GOVERNMENT ENTITY .
(b) NEITHERATEMPORARYPROPERTYTAXCREDIT ENACTEDBYA LOCAL GOVERNMENTAL ENTITY PURSUANT TO SUBSECTION (2)(a)(IOF THISSECTIONNORATEMPORARYREDUCTIONBYALOCALGOVERNMENTAL ENTITYPURSUANTTOSUBSECTION (2)(a)(IOFTHISSECTIONOFTHEMILL LEVY IMPOSED BY THE LOCAL GOVERNMENTAL ENTITY CHANGES THE UNDERLYING MILL LEVY IMPOSED BY A LOCAL GOVERNMENTAL ENTITY .
T HEREFORE,REDUCING OR ELIMINATING A TEMPORARY PROPERTY TAX CREDITORATEMPORARYMILLLEVYREDUCTIONDOESNOTREQUIREPRIOR VOTER APPROVAL UNDER SECTION 20 (4)(aOF ARTICLEX OF THE STATE CONSTITUTION .
(3) IF A LOCAL GOVERNMENTAL ENTITY S QUALIFIED PROPERTY TAX REVENUE EXCEEDS THE PROPERTY TAX LIMIT FOR A PROPERTY TAX YEAR AND THE LOCAL GOVERNMENTAL ENTITY DOES NOT COMPLY WITH SUBSECTION (2) OF THIS SECTIO, THEN THE LOCAL GOVERNMENTAL ENTITYSHALLREFUNDANYQUALIFIEDPROPERTYTAXREVENUEINEXCESS OF THE PROPERTY TAX LIMIT FOR THE PROPERTY TAX YEA.
29-1-1703.
Property tax limit calculation - definition.
(1) A LOCAL GOVERNMENTAL ENTITY S PROPERTY TAX LIMIT FOR A PROPERTY TAX YEAR IS EQUAL TO THE LOCAL GOVERNMENTAL ENTITYS BASE YEAR QUALIFIEDPROPERTYTAXREVENUEINCREASEDFOREACHYEARSINCETHE BASEYEAR ,INCLUDINGTHERELEVANTPROPERTYTAXYEAR ,BYFIVEAND ONE HALF PERCENT .
(2) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES, BASE YEAR "MEANS :
(a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(b)OF THIS SECTION:
-8- 233 (I) FOR A LOCAL GOVERNMENTAL ENTITY THAT HAD QUALIFIED PROPERTY TAX REVENUE FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2023,THE LOCAL GOVERNMENTAL ENTITY S QUALIFIED PROPERTY TAX REVENUE FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2023PLUS ANY MONEY THAT THE LOCAL GOVERNMENTAL ENTITY RECEIVED PURSUANT TO SECTION39-3-210OR (II) FR A LOCAL GOVERNMENTAL ENTITY THAT DID NOT HAVE QUALIFIED PROPERTY TAX REVENUE FOR THE PROPERTY TAX YEAR COMMENCINGON ANUARY 1,2023,THELOCALGOVERNMENTALENTITY S QUALIFIEDPROPERTYTAXREVENUEFORTHEFIRSTYEARTHATTHELOCAL GOVERNMENTAL ENTITY HAD PROPERTY TAX REVENUE ;OR (b) FOR A LOCAL GOVERNMENTAL ENTITY THAT TEMPORARILY WAIVES THE PROPERTY LIMIT PURSUANT TO SECTION 29-1-1704,THE LOCALGOVERNMENTALENTITY SQUALIFIEDPROPERTYTAXREVENUEFOR THE MOST RECENT PROPERTY TAX YEAR FOR WHICH THE LOCAL GOVERNMENTAL ENTITY TEMPORARILY WAIVED THE PROPERTY LIMIT PURSUANT TO SECTION 29-1-1704.
29-1-1704.
Voter approval of property limit waiver.
AL GOVERNMENTAL ENTITY 'S GOVERNING BODY MAY SUBMIT TO THE LOCAL GOVERNMENTAL ENTITY S ELECTORS THE QUESTION OF WHETHER THE LOCAL GOVERNMENTAL ENTITY MAY WAIVE THE PROPERTY TAX LIMIT ESTABLISHED IN SECTION 29-1-1702IN CONNECTION WITH A SINGLE PROPERTY TAX YEAR A SPECIFIED NUMBER OF PROPERTY TAX YEAR,OR ALL FUTURE PROPERTY TAX YEARS .
F THE MAJORITY OF THE LOCAL GOVERNMENTAL ENTITY S VOTERS VOTING THEREON APPROVE SUCH A REQUEST ,THE LOCAL GOVERNMENTAL ENTITY IS NOT SUBJECT TO THE PROPERTYTAXLIMITESTABLISHEDINSECTION 29-1-1702FORTHEPERIOD -9- 233 OF PROPERTY TAX YEARS FOR WHICH VOTERS APPROVED WAIVING THE PROPERTY TAX LIMIT.
29-1-1705.
Prior obligations not impaired - voter-approval of mill increases.
(1) NING IN THIS PAR17 IMPAIR:
(a) THE OBLIGATIONS OF ANY BONDS OR OTHER FORMS OF INDEBTEDNESS THAT ARE OUTSTANDING AS OF THE EFFECTIVE DATE OF THIS PART 17, OR THE REFUNDING THEREOF , ISSUED BY A LOCAL GOVERNMENTALENTITYOROTHERWISEINVALIDATESANYSUCHBONDOR THE OBLIGATIONS OR REFUNDING THEREOF;OR (b) THE EXISTING VOTED AUTHORIZATION OF A LOCAL GOVERNMENTAL ENTITY APPROVED BY A MAJORITY OF THE LOCAL GOVERNMENTAL ENTITY S VOTERS VOTING THEREON IN ACCORDANCE WITH ARTICLE X SECTION 20 OF THE STATE CONSTITUTION AS OF THE EFFECTIVEDATEOFTHISPART 17.ASESTABLISHEDINSECTION 29-1-1701 (3)(h),HE IMPOSITION OF A LEVY TO PROVIDE FOR THE PAYMENT:OF (I) BNDSTHATAREOUTSTANDINGASOFTHEEFFECTIVEDATEOF THIS PART17AND THE INTEREST THEREON,OR FOR THE PAYMENT OFANY OTHER CONTRACTUAL OBLIGATION OUTSTANDING AS OF THE EFFECTIVE DATE OF THIS PAR17 THAT HAS BEEN APPROVED BY A MAJORITY OF THE LOCAL GOVERNMENTAL ENTITY 'S VOTERS VOTING THEREON;AND (II) BONDS OR OTHER CONTRACTUAL OBLIGATIONS ISSUED IN ACCORDANCE WITH THE EXISTING VOTED AUTHORIZATION OF A LOCAL GOVERNMENTAL ENTITY APPROVED BY A MAJORITY OF THE LOCAL GOVERNMENTAL ENTITY S VOTERS VOTING THEREON IN ACCORDANCE WITH ARTICLE X SECTION 20 OF THE STATE CONSTITUTION AS OF THE EFFECTIVE DATE OF THIS PAR17IS NOT INCLUDED IN THE CALCULATION OF THE PROPERTY TAX LIMI.
-10- 233 (2) NOTHINGINTHISPART 17PREVENTSALOCALGOVERNMENTAL ENTITY FROM SUBMITTING TO THE LOCAL GOVERNMENTAL ENTITY S ELECTORS THE QUESTION OF WHETHER TO INCREASE THE TOTAL NUMBER OF MILLS LEVIED BY THE LOCAL GOVERNMENTAL ENTITY AND ,UPON A MAJORITY OF THE LOCAL GOVERNMENTAL ENTITY S VOTERS VOTING TO APPROVE SUCH A REQUEST ,INCREASING THE TOTAL NUMBER OF MILLS LEVIED BY THE LOCAL GOVERNMENTAL ENTITY ACCORDINGLY .
AS ESTABLISHED IN SECTION 29-1-1701 (3)(i)PROPERTY TAX REVENUE ATTRIBUTABLE TO A LOCAL GOVERNMENTAL ENTITY INCREASING THE TOTAL NUMBER OF MILLS IT LEVIES UPON RECEIVING THE APPROVAL OF THEMAJORITYOFTHELOCALGOVERNMENTALENTITY SVOTERSFORSUCH ANINCREASEINANELECTIONOCCURRINGONORAFTER JANUARY 1,2025, IS NOT INCLUDED IN THE CALCULATION OF THE PROPERTY TAX LIM.
A LOCAL GOVERNMENTAL ENTITY MAY ALSO SUBMIT TO THE LOCAL GOVERNMENT ENTITY S ELECTORS THE QUESTION OF WHETHER TO INCREASE THE TOTAL NUMBER OF MILLS LEVIED BY THE LOCAL GOVERNMENTAL ENTITY IN SUCH A WAY THAT THE MILLS INCREASE TO MATCH THE LOCAL GOVERNMENTAL ENTITY 'S PROPERTY TAX LIMIT ESTABLISHED PURSUANT TO SECTION29-1-1702AND ,UPON A MAJORITY OF THE LOCAL GOVERNMENTAL ENTITY S VOTERS VOTING TO APPROVE SUCH A REQUEST,INCREASING THE TOTAL NUMBER OF MILLS LEVIED BY THE LOCAL GOVERNMENTAL ENTITY ACCORDINGLY .
SECTION 2.
In Colorado Revised Statutes, 39-1-104, amend (1.8)(b) introductoryportion and (1.8)(c);
and add (1.8)(b.5) as follows:
39-1-104.
Valuationforassessment-definitions.(1.8) (b) The valuation for assessment of all nonresidential property that is not specified in subsection (1), or(a)OR (1.8)(b.5) of this section is -11- 233 twenty-nine percent of the actual value thereof;
except that, for the property tax year commencing on January 1, 2023, the valuation for assessment of this property is temporarily reduced to:
(b.5) TEVALUATIONFORASSESSMENTFORALLPROPERTYLISTED BY THE ASSESSOR UNDER ANY IMPROVED COMMERCIAL SUBCLASS CODES IS:
(I) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2024, TEMPORARILY REDUCED TO TWENTY -SEVEN AND NINE TENTHS PERCENTOFTHEAMOUNTEQUALTOTHEACTUALVALUEOFTHEPROPERTY MINUSTHELESSEROFTHIRTYTHOUSANDDOLLARSORTHEAMOUNTTHAT CAUSES THE VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE THOUSAND DOLLARS ;
(II) FR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2025, TEMPORARILY REDUCED TO TWENTY SEVEN PERCENT OF THE ACTUAL VALUE OF THE PROPERTY ;
(III) FR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2026,TEMPORARILY REDUCED TO TWENTY -SIX PERCENT OF THE ACTUAL VALUE OF THE PROPERTY;AND (IV) F OR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2027REDUCED TO TWENTY -FIVE PERCENT OF THE ACTUAL VALUE OF THE PROPERTY.
(c) The actual value of real and personal property specified in subsection(1.8)(a),or.8)(bOR (1.8)(b.5)ofthissectionisdetermined by the assessor and the administrator in the manner prescribed by law, and a valuation for assessment percentage is uniformly applied, without exception, to the actual value, so determined, of the various classes and subclasses of real and personal property located within the territorial -12- 233 limits of the authority levying a property tax, and all property taxes are levied against the aggregate valuation for assessment resulting from the application of the percentage.
SECTION 3.
In Colorado Revised Statutes, 39-1-104.2, amend (1)(a), (1)(b), (3)(q), and (3)(r);
and add (1)(c), (1)(d), (3)(s), and (3)(t) as follows:
Multi-family residential real property is a subclass of residential real property for purposes of the ratio of valuationforassessment.NFLATION"MEANSTHEANNUALPERCENTAGE CHANGE IN THE U NITEDSTATES DEPARTMENT OF LABOR S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDE,OR A SUCCESSOR INDE,FOR D ENVER-A URORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN CONSUMERS .
Multi-family residential real property is a subclass of residential real property for purposes of the ratio of valuationforassessment.NFLATION"MEANSTHEANNUALPERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEOR A SUCCESSOR INDEX,FOR D ENVER-AURORA -LAKEWOOD FOR ALL ITEMS PAID BY URBAN CONSUMERS .
(b) "Target percentage" means the percentage of aggregate statewide valuation for assessment represented by the valuation for assessment which is attributable to residential real property in the year immediately preceding the year in which a change in the level of value occurs."LOCAL GOVERNMENTAL ENTITY "MEANS A GOVERNMENTAL ENTITYAUTHORIZEDBYLAWTOIMPOSEADVALOREMTAXESONTAXABLE PROPERTY LOCATED WITHIN ITS TERRITORIAL LIMI;EXCEPT THAT THE TERM EXCLUDES SCHOOL DISTRICTS.
(a.5) "Qualified-senior primary residence real property" means property that is classified as such under section 39-1-104.6.
-13- 233 (c) "M ULTIFAMILY RESIDENTIAL REAL PROPERTY " MEANS RESIDENTIAL REAL PROPERTY THAT IS A DUPLEX , TRIPLEX, OR MULTI-STRUCTUREOFFOURORMOREUNITS ,ALLOFWHICHAREBASEDON THE CLASS CODES ESTABLISHED IN THE MANUAL PUBLISHED BY THE ADMINISTRATOR .
GOVERNMENTALENTITY "MEANSAGOVERNMENTALENTITYAUTHORIZED BYLAWTOIMPOSEADVALOREMTAXESONTAXABLEPROPERTYLOCATED WITHIN ITS TERRITORIAL LIMIT;EXCEPT THAT THE TERM EXCLUDES SCHOOL DISTRICT.
"MULTI-FAMILY RESIDENTIAL REAL PROPERTY" IS A SUBCLASS OF RESIDENTIAL REAL PROPERTY FOR PURPOSES OF THE RATIO OF VALUATION FOR ASSESSMENT.
(b) "Target percentage" means the percentage of aggregate statewide valuation for assessment represented by the valuation for assessment which is attributable to residential real property in the year immediately preceding the year in which a change in the level of value occurs.
(d) "T ARGET PERCENTAGE " MEANS THE PERCENTAGE OF AGGREGATE STATEWIDE VALUATION FOR ASSESSMENT REPRESENTED BY THE VALUATION FOR ASSESSMENT WHICH IS ATTRIBUTABLE TO RESIDENTIALREALPROPERTYINTHEYEARIMMEDIATELYPRECEDINGTHE YEAR IN WHICH A CHANGE IN THE LEVEL OF VALUE OCCU.S (3) (q) FR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2019,AND BEFORE ANUARY 1, 2025, the valuation for assessmentformulti-familyresidentialrealpropertyis7.15percentofthe actual value of the property;
"M ULTIFAMILY RESIDENTIAL REAL PROPERTY" MEANS RESIDENTIAL REAL PROPERTY THAT IS A DUPLEX , TRIPLEX, OR MULTI-STRUCTUREOFFOURORMOREUNITS ALLOFWHICHAREBASEDON THE CLASS CODES ESTABLISHED IN THE MANUAL PUBLISHED BY THE ADMINISTRATOR .
for property tax years commencing on or after January 1, 2019;cept that the valuation for assessment of this property is temporarily reduced as follows:
"MULTIFAMILY RESIDENTIAL REAL PROPERTY "IS A SUBCLASS OF RESIDENTIAL REAL PROPERTY FOR PURPOSES OF THE RATIO OF VALUATION FOR ASSESSMENT.
(I) For the property tax years commencing on January 1, 2022, and January1, 2024,e valuation for assessment for multi-family residentialrealpropertyistemporarilyreducedto6.8percentoftheactual value of the property;
(c) "QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY" MEANS PROPERTY THAT IS CLASSIFIED AS SUCH UNDER SECTION 39-1-104.6.
and (II) For the property tax year commencing on January 1, 2023, AND JANUARY 1, 2024, the valuation for assessment for multi-family residential real property is temporarily reduced to 6.7 percent of the amount equal to the actual value of the propertyminus the lesser of fifty-five thousand dollars or the amount that causes the -14- 233 valuation for assessment of the property to be one thousand dollars.
(d) "TARGET PERCENTAGE " MEANS THE PERCENTAGE OF -2- AGGREGATE STATEWIDE VALUATION FOR ASSESSMENT REPRESENTED BY THE VALUATION FOR ASSESSMENT WHICH IS ATTRIBUTABLE TO RESIDENTIALREALPROPERTYINTHEYEARIMMEDIATELYPRECEDINGTHE YEAR IN WHICH A CHANGE IN THE LEVEL OF VALUE OCCUR.
(r) F OR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2022,AND BEFORE ANUARY 1, 2025, the valuation for assessment for all residential real property other than multi-family residentialrealpropertyis7.15percentoftheactualvalueoftheproperty;
(3) (q) Except as otherwise provided in subsection (3)(s) of this section,ORPROPERTYTAXYEARSCOMMENCING ON ORAFTER ANUARY 1,2019,AND BEFORE JANUARY 1,2025, the valuation for assessment for multi-family residential real property is 7.15 percent of the actual value of the property;
for propertytaxyearscommencingon or after January1, 2019;
(I) For the property tax years commencing on January 1, 2022, and January1, 2024,e valuation for assessment for multi-family residentialrealpropertyistemporarilyreducedto6.8percentoftheactual value of the property;
and (II) For the property tax yearS commencing on January 1, 2023, AND JANUARY 1, 2024, the valuation for assessment for multi-family residential real property is temporarily reduced to 6.7 percent of the amount equal to the actual value of the propertyminus the lesser of fifty-five thousand dollars or the amount that causes the valuation for assessment of the property to be one thousand dollars.
(r) Except as otherwise provided in subsection (3)(s) of this section,ORPROPERTYTAX YEARS COMMENCINGONORAFTER ANUARY 1,2022,AND BEFORE JANUARY 1,2025, the valuation for assessment for all residential real property other than multi-family residential real propertyis7.15percentoftheactualvalueoftheproperty;exceptthatthe valuation for assessment of this property is temporarily reduced as follows:
(II) For the property tax YEARS commencing on January 1, 2023,AND JANUARY 1,2024, the ratio of valuation for assessment for all residential real propertyother than multi-familyresidential real property is 6.7 percent of the amount equal to the actual value of the property minus the lesser of fifty-five thousand dollars or the amount that causes the valuation for assessment of the property to be one thousand dollars.
(II) For the property tax yearS commencing on January 1, 2023,AND JANUARY 1,2024, the ratio of valuation for assessment for all residential real propertyother than multi-familyresidential real property is 6.7 percent of the amount equal to the actual value of the property minus the lesser of fifty-five thousand dollars or the amount that causes the valuation for assessment of the property to be one thousand dollars.
(s) (I) F THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1,2025,THE VALUATION FOR ALL RESIDENTIAL REAL PROPERTY :S (A) F OR THE PURPOSE OF A LEVY IMPOSED BY A LOCAL GOVERNMENTAL ENTITY , 6.PERCENT OF THE ACTUAL VALUE OF THE PROPERTY ;AND -15- 233 (B) FORTHE PURPOSE OFALEVYIMPOSEDBYASCHOOLDISTRICT , 7.15PERCENT OF THE ACTUAL VALUE OF THE PROPERT.
-3- (s) (I) For property tax years commencing on or after January 1, 2025, but before January 1, 2027, if there are sufficient excess state revenues, the valuation for assessment for qualified-senior primary residence real property, including multi-family qualified-senior primary residence real property, is:
(II) I IT IS ADMINISTRATIVELY INFEASIBLE TO CALCULATE TWO DIFFERENTVALUATIONSFORASSESSMENTFORTHESAMEPROPERTYBASED ONTHESAMEACTUALVALUE ,BUTWITHTWODIFFERENTPERCENTAGESOF THAT ACTUAL VALUATION FOR ASSESSMENT , AN ASSESSOR MAY DETERMINE THE VALUE OF A PROPERTY UNDER SUBSECTION (3)(s)(I)(B) OF THIS SECTION BY CALCULATIN106.716418% OF AN AMOUNT EQUAL TO 6.7PERCENT OF THE ACTUAL VALUE OF THE PROPERT.
7.15 percent of the amount equal to the actual value of the property minus the lesser of fifty percent of the first two hundred thousand dollars of that actual value or the amount that causes the valuation for assessment of the property to be one thousand dollars.
(t) (I) FR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1,2026,THEVALUATIONFORASSESSMENTFORALLRESIDENTIAL REAL PROPERTY I:
(A) FOR THE PURPOSE OF A LEVY IMPOSED BY A LOCAL GOVERNMENTAL ENTITY , 6.95PERCENT OF THE AMOUNT EQUAL TO THE ACTUALVALUEOFTHEPROPERTYMINUSTHELESSEROFFIFTYPERCENTOF THEFIRSTTWOHUNDREDTHOUSANDDOLLARSOFTHATACTUALVALUEOR THE AMOUNT THAT CAUSES THE VALUATION FOR ASSESSMENT OF THE PROPERTY TO BE ONE THOUSAND DOLLARS;AND (B) FORTHE PURPOSEOFALEVYIMPOSEDBYASCHOOLDISTRICT , 7.15PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY MINUS EITHER FIFTY PERCENT OF THE FIRST TWO HUNDRED THOUSAND DOLLARS OF THAT ACTUAL VALUE PLUS THE LESSER OF TEN PERCENT OF THE ACTUAL VALUE OF THE PROPERTY OR SEVENTY THOUSAND DOLLARS AS INCREASED FORINFLATIONINTHE FIRST YEAR OF EACHSUBSEQUENTREASSESSMENTCYCLEORTHE AMOUNT THAT CAUSES THEVALUATIONFORASSESSMENTOFTHEPROPERTYTOBEONETHOUSAND DOLLARS .
(A) F OR THE PURPOSE OF A LEVY IMPOSED BY A LOCAL GOVERNMENTAL ENTITY , 6.9PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY MINUS THE LESSER OF TEN PERCENT OF THE ACTUAL VALUE OF THE PROPERTY OR SEVENTY THOUSAND DOLLARS AS INCREASED FOR INFLATION IN THE FIRST YEAR OF EACH SUBSEQUENT REASSESSMENT CYCLE ;AND (B) FORTHE PURPOSE OFALEVYIMPOSEDBYASCHOOLDISTRICT , 7.15 PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY ;EXCEPT THAT THE VALUATION FOR ASSESSMENT FOR THE PURPOSE OF A LEVY IMPOSED BY A SCHOOL DISTRICT MAY BE TEMPORARILY REDUCED FOR A PROPERTY TAX YEAR AS SET FORTH IN SECTION 39-1-104.6.
(II) FR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2025, IF IT IS ADMINISTRATIVELY INFEASIBLE TO CALCULATE TWO DIFFERENTVALUATIONSFORASSESSMENTFORTHESAMEPROPERTYBASED ON TWO DIFFERENT PERCENTAGES OF ACTUAL VALUE,AN ASSESSOR MAY DETERMINE THE VALUE OF A PROPERTY UNDER SUBSECTION(3)(s)(I)(B) OF THIS SECTION BY CALCULATING 102.877697842% OF AN AMOUNT EQUAL TO 6.95PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE MINUS EITHER FIFTY PERCENT OF THE FIRST TWO HUNDRED THOUSAND DOLLARS OF THAT ACTUAL VALUE PLUS THE LESSER OF TEN PERCENT OF THE ACTUAL VALUE OF THE PROPERTY OR SEVENTY THOUSAND DOLLARS AS INCREASED FOR INFLATION INTHE FIRST YEAR OF EACHSUBSEQUENTREASSESSMENTCYCLEORTHE AMOUNT THAT CAUSES THEVALUATIONFORASSESSMENTOFTHEPROPERTYTOBEONETHOUSAND DOLLARS .
(II) FOR REASSESSMENT CYCLES COMMENCING ON OR AFTER JANUARY 1, 2027THE PROPERTY TAX ADMINISTRATOR SHALL PUBLISH THE INFLATION ADJUSTED VALUE USED TO CALCULATE THE VALUATION -16- 233 FORASSESSMENTPURSUANTTOSUBSECTION (3)(t)(I)(OFTHISSECTION.
(III) TE GENERAL ASSEMBLY FINDS AND DECLARES THAT ANY MODIFICATIONTOTHEVALUATIONFORASSESSMENTESTABLISHEDINTHIS SUBSECTION (3)(sTHAT WOULD RESULT IN A PROPERTY TAX INCREASE WOULD REQUIRE PRIOR VOTER APPROVAL UNDER SECTION 20 (4)(aOF ARTICLEX OF THE STATE CONSTITUTIO.
(III) TE GENERAL ASSEMBLY FINDS AND DECLARES THAT ANY MODIFICATIONTOTHEVALUATIONFORASSESSMENTESTABLISHEDINTHIS SUBSECTION (3)(t)THAT WOULD RESULT IN A PROPERTY TAX INCREASE WOULD REQUIRE PRIOR VOTER APPROVAL UNDER SECTION 20 (4)(aOF ARTICLE X OF THE STATE CONSTITUTIO.
(t) (I) F THE PROPERTY TAX YEAR COMMENCING ON JANUARY -4- 1, 2025THE VALUATION FOR ALL RESIDENTIAL REAL PROPERTY OTHER THAN QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERTY :S (A) F OR THE PURPOSE OF A LEVY IMPOSED BY A LOCAL GOVERNMENTAL ENTITY , 6.PERCENT OF THE ACTUAL VALUE OF THE PROPERTY ;AND (B) FORTHE PURPOSEOFALEVYIMPOSEDBYASCHOOLDISTRICT , 7.15PERCENT OF THE ACTUAL VALUE OF THE PROPERT.
SECTION4.
(II) I IT IS ADMINISTRATIVELY INFEASIBLE TO CALCULATE TWO DIFFERENTVALUATIONSFORASSESSMENTFORTHESAMEPROPERTYBASED ONTHESAMEACTUALVALUE BUTWITHTWODIFFERENTPERCENTAGESOF THAT ACTUAL VALUE ,AN ASSESSOR MAY DETERMINE THE VALUE OF A PROPERTY UNDER SUBSECTION (3)(t)(I)(BOF THIS SECTION BY CALCULATING 106.716418% OF AN AMOUNT EQUAL TO 6.7PERCENT OF THE ACTUAL VALUE OF THE PROPERTY.
InColoradoRevisedStatutes,repeal39-1-104.4as follows:
(u) (I) FR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1,2026,THEVALUATIONFORALLRESIDENTIALREALPROPERTY OTHER THAN QUALIFIEDSENIOR PRIMARY RESIDENCE REAL PROPERTY :S (A) FOR THE PURPOSE OF A LEVY IMPOSED BY A LOCAL GOVERNMENTAL ENTITY , 6.95PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY MINUS THE LESSER OF TEN PERCENT OF THE ACTUAL VALUE OF THE PROPERTY OR SEVENTY THOUSAND DOLLARS AS INCREASED FOR INFLATION IN THE FIRST YEAR OF EACH SUBSEQUENT REASSESSMENT CYCLE ;AND (B) FORTHE PURPOSEOFALEVYIMPOSEDBYASCHOOLDISTRICT , 7.15PERCENT OF THE AMOUNT EQUAL TO THE ACTUAL VALUE OF THE PROPERTY ;EXCEPT THAT THE VALUATION FOR ASSESSMENT FOR THE PURPOSE OF A LEVY IMPOSED BY A SCHOOL DISTRICT MAY BE TEMPORARILY REDUCED FOR A PROPERTY TAX YEAR AS SET FORTH IN SECTION39-1-104.6.
39-1-104.4.
(II) FOR REASSESSMENT CYCLES COMMENCING ON OR AFTER JANUARY 1, 2027THE PROPERTY TAX ADMINISTRATOR SHALL PUBLISH THE INFLATION ADJUSTED VALUE USED TO CALCULATE THE VALUATION FORASSESSMENTPURSUANTTOSUBSECTION (3)(u)(I)(OFTHISSECTION.
Adjustment of residential rate.
(III) TE GENERAL ASSEMBLY FINDS AND DECLARES THAT ANY MODIFICATIONTOTHEVALUATIONFORASSESSMENTESTABLISHEDINTHIS SUBSECTION (3)(uTHAT WOULD RESULT IN A PROPERTY TAX INCREASE WOULD REQUIRE PRIOR VOTER APPROVAL UNDER SECTION 20 (4)(aOF ARTICLEX OF THE STATE CONSTITUTIO.".
(1) The valuation for assessment for residential real property other than multi-family residentialrealpropertyforthepropertytaxyearcommencingonJanuary 1, 2024, is equal to the percentage necessaryfor the following to equal a total of seven hundred million dollars:
Renumber succeeding sections accordingly.
(a) The aggregate reduction of local government property tax revenue during the propertytax year commencing on January1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of anychanges made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment set forth pursuant to sections 39-1-104 (1)(b) and (1.8)(b), 39-1-104.2 (3)(q)(II) and (3)(r)(II), and 39-3-104.3 (2);
Page 18, line 25, strike " and substituACT".
and (b) The aggregate reduction of local government property tax revenue during the propertytax year commencing on January1, 2024, as a result of the reduced valuations for assessment set forth pursuant to sections 39-1-104 (1.8)(a) and 39-1-104.2 (3)(q)(I) and (3)(r)(III)for the property tax year commencing on January 1, 2024.
-5- Page 19, after line 24 insert:
(2) On or before March 21, 2024, based on the information availableonthatdate,thepropertytaxadministratorshallsubmitareport -17- 233 to the general assembly calculating the ratio of valuation for assessment specified in subsection (1) of this section.
"SECTION 7.
SECTION 5.
(1) F QUALIFYING PROPERTY TAX YEARS ,THE VALUATIONFORASSESSMENTFORALLRESIDENTIALREALPROPERTY ,FOR THEPURPOSEOFALEVYIMPOSEDBYASCHOOLDISTRICT ,ISEQUALTOTHE LESSER OF:
(1) F QUALIFYING PROPERTY TAX YEARS ,THE VALUATIONFORASSESSMENTFORALLRESIDENTIALREALPROPERTY FOR THEPURPOSEOFALEVYIMPOSEDBYASCHOOLDISTRICT ,ISEQUALTOTHE LESSER OF:
(a) SEVEN AND FIFTEEN HUNDREDTHS PERCENT OF THE ACTUAL VALUE OF THE PROPERTY;OR (b) THE PERCENTAGE OF THE ACTUAL VALUE OF THE PROPERTY NECESSARY FOR THE LOCAL SHARE OF STATEWIDE TOTAL PROGRAM TO EQUAL SIXTY PERCENT OF THE TOTAL PROGRAM DETERMINED PURSUANT TO ARTICLE 54 OF TITLE22 FOR THE SCHOOL DISTRICT BUDGET YEAR DURING WHICH THE QUALIFYING PROPERTY TAX YEAR BEGIN,BASED ON THE BEST AVAILABLE INFORMATION WHEN THE STATE BOARD OF EQUALIZATION DETERMINES THE PERCENTAGE OF ACTUAL VALUE.
(a) SEVEN AND FIFTEEN HUNDREDTHS PERCENT OF THE ACTUAL VALUE OF THE PROPERTY;OR (b) THE PERCENTAGE OF THE ACTUAL VALUE OF THE PROPERTY NECESSARY FOR STATEWIDE SCHOOL DISTRICT PROPERTY TAX REVENUE DIVIDEDBYWEIGHTEDTOTALPROGRAMTOEQUALZEROANDSIX -TENTHS.
(2) (a) EGISLATIVE COUNCIL STAFF SHALL NOTIFY THE STATE BOARD OF EQUALIZATION OF THE FIRST YEAR AFTE2026 IN WHICH THE LOCAL SHARE OF TOTAL PROGRAM IS EQUAL TO OR GREATER THAN SIXTY PERCENTOFTHETOTALPROGRAMDETERMINEDPURSUANTTOARTICLE 54 OF TITLE22.
(2) (a) LGISLATIVE COUNCIL STAFF SHALL NOTIFY THE STATE BOARD OF EQUALIZATION OF THE FIRST YEAR AFTE2026 IN WHICH THE LOCAL SHARE OF TOTAL PROGRAM IS EQUAL TO OR GREATER THAN SIXTY PERCENTOFTHETOTALPROGRAMDETERMINEDPURSUANTTOARTICLE 54 OF TITLE22.
(b) NO LATER THAN THREE BUSINESS DAYS AFTER THE ANNUAL PUBLICSCHOOLFINANCEACT ,becomeslaw,legislativecouncilstaffshall provide the state board of equalizatione information necessaryto calculate the balancing percentage for a qualifying property tax year.
(b) NOLATERTHANONEWEEKAFTERTHEANNUALPUBLICSCHOOL FINANCEACTBECOMESLAW ,LEGISLATIVECOUNCILSTAFFSHALLPROVIDE THESTATEBOARDOFEQUALIZATIONWITHTHEINFORMATIONNECESSARY TO CALCULATE THE BALANCING PERCENTAGE FOR A QUALIFYING PROPERTY TAX YEAR .
-18- 233 (c) N O LATER THAN THREE WEEKS AFTER RECEIVING THE INFORMATION PROVIDED BY LEGISLATIVE COUNCIL STAFF PURSUANT TO SUBSECTION (2)OF THIS SECTION,THE STATE BOARD OF EQUALIZATION SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY THAT CALCULATES THE BALANCING PERCENTAGE .
(c) NO LATER THAN THREE WEEKS AFTER RECEIVING THE INFORMATION PROVIDED BY LEGISLATIVE COUNCIL STAFF PURSUANT TO SUBSECTION (2)OF THIS SECTIO,THE STATE BOARD OF EQUALIZATION SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY THAT CALCULATES THE BALANCING PERCENTAGE .
(3) IF THE BALANCING PERCENTAGE IS LOWER THAN SEVEN AND FIFTEEN HUNDREDTHS PERCENT ,THEN ,FOR THAT PROPERTY TAX YEAR , THE VALUATION FOR ASSESSMENT FOR RESIDENTIALREALPROPERTY FOR THEPURPOSEOFALEVYIMPOSEDBYASCHOOLDISTRICTISTEMPORARILY REDUCEDINACCORDANCEWITHSUBSECTION (1)(bOFTHISSECTION .THE VALUATION FOR ASSESSMENT FOR THIS PROPERTY IS SEVEN AND FIFTEEN HUNDREDTHSPERCENTOFTHEACTUALVALUEOFTHEPROPERTYFORTHE NEXTPROPERTYTAXYEAR ,BUTTHEVALUATIONFORASSESSMENTMAYBE REDUCED AGAIN FOR THAT PROPERTY TAX YEAR IN ACCORDANCE WITH SUBSECTION (1)(b)OF THIS SECTIO.
(3) I THE BALANCING PERCENTAGE IS LOWER THAN SEVEN AND FIFTEEN HUNDREDTHS PERCENT ,THEN,FOR THAT PROPERTY TAX YEAR , THE VALUATION FOR ASSESSMENT FOR RESIDENTIALREAL PROPERTY FOR THEPURPOSEOFALEVYIMPOSEDBYASCHOOLDISTRICTISTEMPORARILY REDUCEDINACCORDANCEWITHSUBSECTION (1)(bOFTHISSECTION.THE VALUATION FOR ASSESSMENT FOR THIS PROPERTY IS SEVEN AND FIFTEEN HUNDREDTHSPERCENTOFTHEACTUALVALUEOFTHEPROPERTYFORTHE NEXTPROPERTYTAXYEAR BUTTHEVALUATIONFORASSESSMENTMAYBE REDUCED AGAIN FOR THAT PROPERTY TAX YEAR IN ACCORDANCE WITH SUBSECTION (1)(bOF THIS SECTIO.
(4) AS USED IN THIS SECTIO,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(4) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "BALANCING PERCENTAGE " MEANS THE PERCENTAGE OF THE ACTUAL VALUE OF ALL RESIDENTIAL REAL PROPERTY DESCRIBED IN SUBSECTION (1)(b)OF THIS SECTIO.
(a) "BALANCING PERCENTAGE "MEANS THE PERCENTAGE OF THE ACTUAL VALUE OF ALL RESIDENTIAL REAL PROPERTY DESCRIBED IN -6- SUBSECTION (1)(bOF THIS SECTIO.
(b) "QUALIFYING PROPERTY TAX YEAR" MEANS A PROPERTY TAX YEAR COMMENCING AFTER LEGISLATIVE COUNCIL STAFF HAS PROVIDED THE STATE BOARD OF EQUALIZATION WITH THE NOTICE DESCRIBED IN SUBSECTION (2)OF THIS SECTIO.
(b) "QUALIFYING PROPERTY TAX YEAR"MEANS A PROPERTY TAX YEAR COMMENCING AFTER LEGISLATIVE COUNCIL STAFF HAS PROVIDED THE STATE BOARD OF EQUALIZATION WITH THE NOTICE DESCRIBED IN SUBSECTION (2)OF THIS SECTIO.
SECTION 6.
(c) "STATEWIDE SCHOOL DISTRICT PROPERTY TAX REVENUE " MEANSTHETOTALAMOUNTOFPROPERTYTAXREVENUEESTIMATEDTOBE RETAINEDBYALLOFTHESCHOOLDISTRICTSINTHESTATEINCONNECTION WITHDISTRICTTOTALPROGRAMFUNDINGFORTHE CURRENT QUALIFYING PROPERTY TAX YEAR .
In Colorado Revised Statutes, add 39-3-211 as follows:
(d) "W EIGHTED TOTAL PROGRAM " MEANS STATEWIDE TOTAL PROGRAM AS CALCULATED PURSUANT TO SECTION 22-54-103.3.
39-3-211.
SECTION8.
Reporting of assessed value reductions - -19- 233 reimbursement of local governmental entities - local governmental entity backfill cash fund - creation - legislative declaration - definitions - repeal.
InColoradoRevised Statutes, as added by Senate Bill 24-111 39-1-104.6, add (10)(c) as follows:
(1) TNERALASSEMBLY FINDS AND DECLARES THAT :
39-1-104.6.
(a) MOST SCHOOL DISTRICTS RELY ON A COMBINATION OF STATE ANDLOCALSOURCESOFREVENUETOPAYFORTOTALPROGRAMFUNDING ;
Qualified-senior primary residencereal property - valuation for assessment - reimbursement to local governments for reducedvaluation-temporarymechanismforrefundingexcessstate revenues - legislative declaration - definitions.
(b) STATE REVENUE MAKES UP THE DIFFERENCE BETWEEN THE FULL AMOUNT OF A SCHOOL DISTRICTS TOTAL PROGRAM FUNDING AND THE AMOUNT OF A SCHOOL DISTRICTS TOTAL PROGRAM FUNDING THAT THE SCHOOL DISTRICT PAYS FOR WITH ITS PROPERTY TAX REVEN;E (c) TEAMOUNTOFSTATEREVENUENECESSARYTOMAKEUPTHE DIFFERENCE BETWEENTHE FULLAMOUNT OFA SCHOOLDISTRICT S TOTAL PROGRAM FUNDING AND THE AMOUNT OF A SCHOOL DISTRICT S TOTAL PROGRAM FUNDING THAT THE SCHOOL DISTRICT PAYS FOR WITH ITS PROPERTY TAX REVENUE IS ANNUALLY DETERMINED BY THE GENERAL ASSEMBLY IN THE ANNUAL PUBLIC SCHOOL FINANCE AC.
(10) Reimbursement as refund of excess state revenues.
(d) TEREFORE ,ITISTHEGENERALASSEMBLY 'SEXPECTATIONAND INTENT THAT,ALTHOUGH SCHOOL DISTRICT PROPERTY TAX REVENUE IS REDUCED BY SENATE B ILL24-233, THE GENERAL ASSEMBLY WILL INCREASE THE AMOUNT OF STATE REVENUE THAT IT ANNUALLY DISTRIBUTES TO SCHOOL DISTRICTS IN ORDER TO MAINTAIN OR INCREASE SCHOOL DISTRICT TOTAL PROGRAM FUNDING;AND (e) THE GENERAL ASSEMBLY WILL REIMBURSE LOCAL GOVERNMENTALENTITIESTHATRELYONPROPERTYTAXREVENUEOTHER THAN SCHOOL DISTRICTS, AT LEAST IN PART , THROUGH THE REIMBURSEMENT DESCRIBED IN THIS SECTIO.
(S USED IN THIS SUBSECTION (10),UNLESS THE CONTEXT OTHERWISE REQUIRES, REVENUE LOST AS A RESULTOFTHECLASSIFICATIONOFREALPROPERTYASQUALIFIED -SENIOR PRIMARY RESIDENCE REAL PROPERTY"MEANS REVENUE THAT IS LOST AS A RESULT OF CERTAIN RESIDENTIAL PROPERTIES BEING CLASSIFIED AS "QUALIFIED-SENIOR PRIMARY RESIDENCE REAL PROPERT",AND HAVING A VALUATION FOR ASSESSMENT DETERMINED PURSUANT TO SECTION 39-1-104.2(3)(s),THERTHANBEINGCLASSIFIEDAS "ALLRESIDENTIAL REAL PROPERTY OTHER THAN QUALIFIED -SENIOR PRIMARY RESIDENCE REAL PROPERTY " AND HAVING A VALUATION FOR ASSESSMENT DETERMINED PURSUANT TO SECTION 39-1-104.2 (3)(AND (3)(u).".
(2) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE -20- 233 REQUIRES:
Renumber succeeding sections accordingly.
(a) "COUNTY "INCLUDES A CITY AND COUNTY.
Page 20, line 22, strike ".
(b) "FND "MEANSTHELOCALGOVERNMENTALENTITYBACKFILL CASH FUND CREATED IN SUBSECTION(7)(a)OF THIS SECTIO.
Page 20, line 26, strike "ON." and substituSECTION;AND "(f) ISTHEINTENTOFTHEGENERALASSEMBLYTOREVIEWBOTH THEIMPACTOFTHEPROPERTYTAXREVENUEREDUCTIONSIN SENATE BILL 24-233AND THE REIMBURSEMENT DESCRIBED IN THIS SECTION ON LOCAL GOVERNMENTAL ENTITIES TO ENSURE THAT LOCAL GOVERNMENTAL ENTITIESCANMAINTAINTHECURRENTLEVELOFCRITICALSERVICESTHEY PROVIDE.".
(c) "LOCAL GOVERNMENTAL ENTITY " MEANS A GOVERNMENTAL ENTITYAUTHORIZEDBYLAWTOIMPOSEADVALOREMTAXESONTAXABLE PROPERTY LOCATED WITHIN ITS TERRITORIAL LIMIT;EXCEPT THAT THE TERM EXCLUDES SCHOOL DISTRICTS.
Page 24, line 17, strike "$351,661,729" and substitute "$378,861,731".
(3) FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2024,EACH ASSESSOR SHALL :
-7- Page 25, after line 18 insert:
(a) CALCULATE THE DECREASE ,IF ANY,IN THE TOTAL ASSESSED VALUE OF REAL PROPERTY FOR EACH LOCAL GOVERNMENTAL ENTITY WITHIN THE ASSESSOR S COUNTY BETWEEN THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2022,AND THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2024AND (b) DETERMINEEACHLOCALGOVERNMENTALENTITY SMILLLEVY FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2022, EXCLUDING ANY MILLS LEVIED TO PROVIDE FOR THE PAYMENT OF BONDS AND INTEREST THEREON OR FOR THE PAYMENT OF ANY OTHER CONTRACTUALOBLIGATIONTHATHASBEENAPPROVEDBYAMAJORITYOF THE LOCAL GOVERNMENTAL ENTITY 'S VOTERS VOTING THEREON.
"SECTION14.
(4) NOLATERTHAN M ARCH 1,2025,ANASSESSORSHALLREPORT THE AMOUNTS CALCULATED PURSUANT TO SUBSECTION (3)(aOF THIS SECTION,AS APPLICABLE,THE BASIS FOR THE AMOUNTS ,AND THE MILL LEVIESDETERMINEDPURSUANTTOSUBSECTION (3)(bOFTHISSECTIONTO THE ADMINISTRATOR .
Effectivedate.(1) Exceptasotherwiseprovided in this section, this act takes effect upon passage.
HE ADMINISTRATOR MAY REQUIRE AN ASSESSOR TOPROVIDEADDITIONALINFORMATIONASNECESSARYTOEVALUATETHE -21- 233 ACCURACY OF THE AMOUNTS REPORTED .
(2) Section 3 of this act takes effect only if Senate Bill 24-111 does not become law.
HE ADMINISTRATOR SHALL CONFIRM THAT THE REPORTED AMOUNTS ARE CORRECT OR RECTIFY THE AMOUNTSIFNECESSARY .THEADMINISTRATORSHALLTHENFORWARDTHE CORRECT AMOUNTS FOR A COUNTY TOTHE STATE TREASURERTO ENABLE THE STATE TREASURER TO ISSUE A REIMBURSEMENT WARRANT TO A TREASURER IN ACCORDANCE WITH SUBSECTION (5)OF THIS SECTI.N (5) (a) N LATER THAN APRIL15, 2025,THE STATE TREASURER SHALL ISSUE A WARRANT,TO BE PAID UPON DEMAND FROM THE FUN,TO EACH TREASURER THAT IS EQUAL TO THE TOTAL REIMBURSEMENT AMOUNTS SET FORTH IN SUBSECTION(6)OF THIS SECTION FOR ALL LOCAL GOVERNMENTAL ENTITIES WITHIN THE TREASURER'S COUNTY.
(3) Sections 4 and 8 of this act take effect only if Senate Bill 24-111 becomes law, in which case sections 4 and 8 take effect on the effective date of this act or Senate Bill 24-111, whichever is later.
(b) EACH TREASURER SHALL DISTRIBUTE THE TOTAL AMOUNT RECEIVED FROM THE STATE TREASURER TO THE LOCAL GOVERNMENTAL ENTITIES,EXCLUDING SCHOOL DISTRICTS , WITHIN THE TREASURER S COUNTYASIFTHEAMOUNTHADBEENREGULARLYPAIDASPROPERTYTAX SO THAT THE LOCAL GOVERNMENTAL ENTITIES RECEIVE THE AMOUNTS DETERMINED PURSUANT TO SUBSECTION (6)OF THIS SECTIO.
(3) Section 6 of this act takes effect only if House Bill 24-1448 does not become law.
W HEN DISTRIBUTING THE TOTAL AMOUNT RECEIVED FROM THE STATE TREASURER , EACH TREASURER SHALL PROVIDE EACH LOCAL GOVERNMENTAL ENTITY WITH A STATEMENT OF THE AMOUNT DISTRIBUTED TO THE LOCAL GOVERNMENTAL ENTITY THAT REPRESENTS THEREIMBURSEMENTRECEIVEDUNDERSUBSECTION (6)OFTHISSECTION .
(4) Section 7 this act takes effect only if House Bill 24-1448 becomes law,inwhichcasesection7takeseffectontheeffectivedate of this act or House Bill 24-1148, whichever is later.".
(6) (a) FR EACH LOCAL GOVERNMENTAL ENTITY THAT HAD A DECREASE IN TOTAL ASSESSED VALUE OF REAL PROPERTY FROM THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2022, TO THE PROPERTYTAXYEARCOMMENCINGON JANUARY 1,2024,THEAMOUNTOF REIMBURSEMENT IS AN AMOUNT EQUAL TO THAT DECREASE IN TOTAL -22- 233 ASSESSED VALUE MULTIPLIED BY THE LOCAL GOVERNMENTAL ENTITY S MILL LEVY FOR THE PROPERTY TAX YEAR COMMENCING ON JANUARY 1, 2022,EXCLUDING ANY MILLS LEVIED TO PROVIDE FOR THE PAYMENT OF BONDS AND INTEREST THEREON OR FOR THE PAYMENT OF ANY OTHER CONTRACTUALOBLIGATIONTHATHASBEENAPPROVEDBYAMAJORITYOF THE LOCAL GOVERNMENTAL ENTITY 'S VOTERS VOTING THEREON.
Renumber succeeding section accordingly.
(b) THE REIMBURSEMENT AMOUNTS SET FORTH IN THIS SECTION AREBASEDONTHEAMOUNTSTHATTHEADMINISTRATORREPORTSTOTHE TREASURER IN ACCORDANCE WITH SUBSECTION (4)OF THIS SECTIO.
** *** ** *** ** -8-
(7) (a) TE LOCALGOVERNMENTALENTITY BACKFILLCASH FUND IS HEREBY CREATED IN THE STATE TREASURY.
THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND IN ACCORDANCE WITH SUBSECTION (7)(b)OF THIS SECTION.
THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE LOCAL GOVERNMENTAL ENTITY BACKFILL CASH FUND TO THE FUND .
(b) ON A PRIL1, 2025THE STATE TREASURER SHALL TRANSFER FROMTHESUSTAINABLEREBUILDINGPROGRAMFUNDCREATEDINSECTION 24-38.5-115(7)TO THE LOCAL GOVERNMENTAL ENTITY BACKFILL CASH FUND TEN MILLION THREE HUNDRED ELEVEN THOUSAND TWO HUNDRED THIRTY-THREE DOLLARS .
(c) T HE MONEY IN THE FUND IS AVAILABLE FOR THE STATE TREASURER TO PAY THE WARRANTS REQUIRED TO BE ISSUED IN ACCORDANCE WITH SUBSECTION (5)OF THIS SECTIO.
(d) A FTER ISSUING EVERY WARRANT REQUIRED PURSUANT TO SUBSECTION (5)OF THIS SECTIO,THE STATE TREASURER SHALL CREDIT ANYUNEXPENDEDANDUNENCUMBEREDMONEYREMAININGINTHEFUND -23- 233 AT THE END OF A FISCAL YEAR TO THE GENERAL FUN.
(8) THIS SECTION IS REPEALE,EFFECTIVEJULY 1, 2026.
SECTION 7.
In Colorado Revised Statutes, 39-3.5-101, amend (3.5) as follows:
39-3.5-101.
Definitions.
As used in this article 3.5, unless the context otherwise requires:
(3.5) "Tax-growth cap" means:
(a) FOR PROPERTY TAX YEARS COMMENCING BEFORE JANUARY 1, 2025, an amount equal to the average of a person's real property taxes paid on the same homestead for the two propertytax years preceding the year a deferral is claimed, increased by four percent;
(b) FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2025,AN AMOUNT EQUAL TO THE AVERAGE OF A PERSON S REAL PROPERTY TAXES PAID ON THE SAME HOMESTEAD FOR THE TWO PROPERTY TAX YEARS PRECEDING THE YEAR A DEFERRAL IS CLAIMED.
SECTION 8.
Appropriation.
For the 2024-25 state fiscal year, $351,661,729 is appropriated to the department of education.
This appropriationisfromthestateeducationfundcreatedinsection17(4)(a) of article IX of the state constitution.
To implement this act, the departmentmayusethisappropriationforthestateshareofdistricts'total program funding.
SECTION 9.
Appropriation.
(1) For the 2024-25 state fiscal year, $151,698 is appropriated to the department of local affairs.
This appropriation is from the general fund.
To implement this act, the department may use this appropriation as follows:
(a) $38,972 for the division of property taxation, which amount is based on an assumption that the department will require an additional -24- 233 0.5 FTE;
and (b) $112,726forthepurchaseofinformationtechnologyservices.
(2) For the 2024-25 state fiscal year, $112,726 is appropriated to theofficeofthegovernorforusebytheofficeofinformationtechnology, which amount is based on an assumption that the office will require an additional 1.0 FTE.
This appropriation is from reappropriated funds received from the department of local affairs under subsection (1)(b) of this section.
To implement this act, the office mayuse this appropriation to provide information technology services for the department of local affairs.
SECTION 10.
Appropriation.
(1) For the 2024-25 state fiscal year, $108,971 is appropriated to the department of the treasury for use by the administration division.
This appropriation is from the general fund.
To implement this act, the division may use this appropriation as follows:
(a) $31,661 for personal services, which amount is based on an assumption that the division will require an additional 0.5 FTE;
and (b) $77,310 for operating expenses.
SECTION 11.
Safety clause.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservationofthepublicpeace,health,orsafetyorforappropriationsfor the support and maintenance of the departments of the state and state institutions.
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