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based on: Profile: Colorado Coalition of Appraisers
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Bill:
HB23-1052
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Title: |
Mod Prop Tax Exemption For Veterans With Disab |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/09/2023 | Description | Concerning a requirement that a veteran who has individual employability status be treated equivalently to a veteran who has one hundred percent permanent disability when determining eligibility for any state veterans benefit, and, in connection therewith, expanding eligibility for the property tax exemption for veterans with a disability to include a veteran who does not have a service-connected disability rated as a one hundred percent permanent disability but does have individual unemployability status. | History | Bill History | Save to Calendar | | Bill Subject | - Military & Veterans | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: R. Fields (D) House: R. Marshall (D) | Fiscal Notes | Fiscal Notes (08/28/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The state constitution allows a veteran who has a
service-connected disability rated as a 100% permanent disability to claim a property tax exemption for a portion of the actual value of the veteran's owner-occupied primary residence. The 100% permanent disability requirement can only be changed through a constitutional amendment.
If, at the 2024 general election, the voters of the state approve a
constitutional amendment to expand eligibility for the exemption by allowing a veteran who has individual unemployability status, as determined by the United States department of veterans affairs, to claim the exemption, the bill makes conforming statutory changes to reflect that expansion of the exemption. In most cases, to have individual unemployability status, a veteran must be unable to keep a steady job because the veteran either has at least one service-connected disability rated at 60% or more disabling or has 2 or more service-connected disabilities with at least one disability rated at 40% or more disabling and a combined rating of 70% or more disabling.
The bill also requires a veteran who has individual
unemployability status to be treated equivalently to a veteran who has one hundred percent permanent disability when determining eligibility for any state veterans benefit. Finally, to comply with an existing statutory requirement that people first language be used in new or amended statutes that refer to persons with disabilities, the bill also changes the existing terms disabled veteran and disabled veterans to veteran with a disability and veterans with a disability.
| House Sponsors | R. Marshall (D) | Senate Sponsors | R. Fields (D) | House Committee | State, Civic, Military and Veterans Affairs | Senate Committee | State, Veterans and Military Affairs | Status | Governor Signed (04/28/2023) | Amendments | - April 06, 2023: Senate State, Veterans, & Military Affairs Committee Report
- April 06, 2023: Senate State, Veterans, & Military Affairs Committee Report
- January 23, 2023: House State, Civic, Military, & Veterans Affairs Committee Report
- January 23, 2023: House State, Civic, Military, & Veterans Affairs Committee Report
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Bill:
HB23-1054
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Title: |
Property Valuation |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/09/2023 | Description | Concerning real property valuation, and, in connection therewith, extending the property tax reassessment cycle beginning on January 1, 2021, to a four-year cycle; removing the dollar amount reductions to the actual value used for the valuation for assessment of lodging property, improved commercial property, and residential property; maintaining the same assessment rates for all real property besides residential real property in the 2023 and 2024 property tax years; and capping the increase in property values between the 2022 and 2025 property tax years. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: B. Pelton (R) House: L. Frizell (R) | Fiscal Notes | Fiscal Notes (08/10/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Most real property is reassessed every odd-numbered year. The bill
establishes a one-time exception by making the reassessment cycle beginning on January 1, 2021, a 4-year cycle so that the next reassessment cycle will begin in 2025 instead of 2023.
Under current law, for the 2023 property tax year, the actual value
used for purposes of valuation for assessment is reduced for commercial real property by $30,000 and for residential real property by $15,000. The bill eliminates these reductions.
The bill also sets the assessment rates for nonresidential real
property and multi-family residential real property for the 2024 property tax year, so that they are the same rates as for the 2023 property tax year.
Lastly, the bill ensures that the actual value of property used for
purposes of valuation for assessment does not increase by more than 5% between 2022 and 2025, for property that does not have an unusual condition which results in an increase or decrease in actual value.
| House Sponsors | L. Frizell (R) | Senate Sponsors | B. Pelton (R) | House Committee | Finance | Senate Committee | | Status | House Committee on Finance Postpone Indefinitely (03/09/2023) | Amendments | |
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Bill:
HB23-1066
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Title: |
Public Access Landlocked Publicly Owned Land |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/19/2023 | Description | Concerning authorizing an individual to move between two adjacent parcels of public land that touch at the corners, and, in connection therewith, creating a task force to study the issue of access to public lands that are blocked by privately owned lands and making an appropriation. | History | Bill History | Save to Calendar | | Bill Subject | - Courts & Judicial- Natural Resources & Environment | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: K. Priola (D) House: E. Velasco (D) B. Bradley (R) | Fiscal Notes | Fiscal Notes (09/07/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Section 1 of the bill authorizes an individual to move from one
corner of public land to another corner of public land where 2 public parcels meet 2 private parcels and share a common border, without being liable for criminal or civil trespass, if:
2 parcels of public land touch so that the individual can
reasonably step from one parcel of public land to the other parcel of public land, or if there's a fence, could make the step as if there were not a fence;
The individual moves over private land only as much as necessary to cross from one parcel of public land to the other;
The individual does not step on or stand on the privately owned land or touch a fence on or other improvement to the privately owned land, but the individual may use mechanical means to move over the privately owned land; and
The individual does not use a vehicle other than a wheelchair to cross over the private land.
This authorization does not apply to the following:
Moving over an improvement to public land that is designed to be occupied by individuals;
Entering public land to use it in a way that violates the law;
Moving over public land that the governing entity has prohibited the general public from entering or has controlled access to.
Section 1 also prohibits a landowner from erecting an
improvement to such a corner that is more than 54 inches high within 4 feet of the corner.
Section 2 requires a court to dismiss a trespass tort if the defendant
has complied with section 1. A successful defendant is awarded costs, including attorney fees.
Section 3 instructs the parks and wildlife commission to
promulgate rules codifying the actions allowed in section 1. The division of parks and wildlife will publicize the rules.
| House Sponsors | E. Velasco (D) B. Bradley (R) | Senate Sponsors | K. Priola (D) | House Committee | Agriculture, Water and Natural Resources | Senate Committee | Appropriations | Status | Senate Committee on Appropriations Postpone Indefinitely (05/07/2023) | Amendments | |
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Bill:
HB23-1076
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Title: |
Workers' Compensation |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/19/2023 | Description | Concerning workers' compensation, and, in connection therewith, increasing the duration of benefits based on mental impairment, removing the authority to petition over artificial devices, allowing an employee to request a hearing on the loss of total temporary disability benefits under certain circumstances, updating provisions related to independent medical examinations, increasing the amount of attorney fees that are presumed unreasonable, and making an appropriation. | History | Bill History | Save to Calendar | | Bill Subject | - Labor & Employment | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: J. Marchman (D) House: L. Daugherty (D) | Fiscal Notes | Fiscal Notes (07/13/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Section 1 of the bill increases the limit on medical impairment
benefits based on mental impairment from 12 weeks to 36 weeks.
Section 2 removes language authorizing an employee to petition
the division of workers' compensation in the department of labor and employment (division) prior to receiving a replacement of any artificial member, glasses, hearing aid, brace, or other external prosthetic device, including dentures.
Section 3 allows an employee to request a hearing when the
employee's temporary total disability benefits end based on an attending physician's written release to return to regular employment.
Section 4 specifies that when a physician recommends medical
benefits after maximum medical improvement, the benefits admitted by the insurer or self-insured employer are not limited to any specific medical treatment.
Current law requires an insurance carrier to provide an
independent medical examiner and all other parties a complete copy of all medical records in its possession pertaining to an injury. Section 5 limits the medical records required to be provided to records relevant to the injury. Section 5 also specifies how the division is required to determine the amount and allocation of costs to be paid by the parties for an independent medical examination.
Section 6 allows a prehearing administrative law judge to issue
interlocutory orders resolving disputes regarding the content and format of the independent medical examiner's medical record packet, indigency status, and the allocation of independent medical examiner costs.
Current law states that a contingent attorney fee exceeding 20% of
the amount of contested benefits is presumed to be unreasonable. Section 7 increases the amount to 25%.
| House Sponsors | L. Daugherty (D) | Senate Sponsors | J. Marchman (D) | House Committee | Business Affairs and Labor | Senate Committee | Business, Labor and Technology | Status | Governor Signed (06/05/2023) | Amendments | |
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Bill:
HB23-1189
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Title: |
Employer Assistance For Home Purchase Tax Credit |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 02/10/2023 | Description | Concerning an income tax credit for employer assistance to employees in making a home purchase. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes- State Government- State Revenue & Budget | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: R. Zenzinger (D) K. Mullica (D) House: S. Bird (D) R. Weinberg (R) | Fiscal Notes | Fiscal Notes (07/18/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill creates a state income tax credit for employers who make
a monetary contribution to an employee for use by the employee in purchasing a primary residence. The amount of the credit allowed is 5% of an employer's contribution to an employee, but the credit is capped at $5,000 per employee per year and an employer cannot receive a credit of more than $750,000 for all contributions made in a year to employees.
The employee must use the money contributed for eligible expenses which include a down payment and closing costs, including fees for appraisals, mortgage origination, and inspections. An employee may authorize their employer to withhold a specified amount of the employee's earnings as an employee contribution into the savings account established by the employer that holds the employer contribution. If an employee ends their employment with the employer or if the employee intends to use the employee contribution in a manner that is not consistent with an eligible expense, the employee forfeits any unexpended amount of the employer contribution and the amount of the credit allowed to the employer for the employer contribution is subject to recapture. In such an occurrence, the employee is entitled to the employee contribution, plus any interest earned. The credit is not refundable but may be carried forward by the employer for a period of not more than 5 years. The amount contributed by the employer may be subtracted by the employee from the employee's federal taxable income for the purpose of determining their state taxable income; except that, if an employee forfeits the employer contribution, then the amount that the employee had subtracted from their federal taxable income is added back to their federal taxable income for the purpose of determining their state taxable income for the subsequent tax year. The executive director of the department of revenue may promulgate rules related to the implementation of the credit.
| House Sponsors | S. Bird (D) R. Weinberg (R) | Senate Sponsors | R. Zenzinger (D) K. Mullica (D) | House Committee | Finance | Senate Committee | Finance | Status | Governor Signed (06/07/2023) | Amendments | |
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Bill:
HB23-1197
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Title: |
Stakeholder Process For Oversight Of Host Home Providers |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 02/13/2023 | Description | Concerning requiring the department of health care policy and financing to engage in a stakeholder process to address the oversight of host home providers, and, in connection therewith, making an appropriation. | History | Bill History | Save to Calendar | | Bill Subject | - Health Care & Health Insurance | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: J. Danielson (D) House: M. Young (D) R. Weinberg (R) | Fiscal Notes | Fiscal Notes (08/28/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | No later than September 1, 2023, the bill requires the department
of health care policy and financing (state department) to engage in a stakeholder process to address concerns and identify viable solutions related to individuals who receive long-term services and supports.
No later than January 2025, the bill requires the state department
to report on the stakeholder process, including identifying any administrative resources needed to address any concerns identified during the stakeholder process.
| House Sponsors | M. Young (D) R. Weinberg (R) | Senate Sponsors | J. Danielson (D) | House Committee | Health and Insurance | Senate Committee | Health and Human Services | Status | Governor Signed (05/30/2023) | Amendments | |
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Bill:
HB23-1253
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Title: |
Task Force To Study Corporate Housing Ownership |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 03/20/2023 | Description | Concerning a task force to study corporate ownership of housing in Colorado, and, in connection therewith, making an appropriation. | History | Bill History | Save to Calendar | | Bill Subject | - Housing | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: N. Hinrichsen (D) House: M. Lindsay (D) S. Sharbini (D) | Fiscal Notes | Fiscal Notes (08/01/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill creates the task force on corporate housing ownership
(task force) in the division of housing in the department of local affairs and directs the task force to examine data concerning home sales and home ownership in Colorado, including a quantification of:
The total number of home sales that have occurred in Colorado since January 1, 2008, within certain sales price
ranges;
The total number of such home sales that resulted in the home being owned entirely or partially by a corporation;
The total number of homes in each zip code of the state that are owned entirely or partially by a corporation; and
The total number of homes in the state that are owned entirely or partially by a corporation and are unoccupied.
The task force must report its findings to the legislative
committees of reference with jurisdiction over housing matters by October 1, 2025. The report must include legislative recommendations to address the issue of corporate ownership of housing in Colorado, including recommendations regarding the potential creation of a fee to be imposed upon corporations that own significant numbers of homes in Colorado, which fee could be used to fund a grant program to award grants to programs and organizations that address housing issues in Colorado.
The task force is repealed, effective September 1, 2027.
| House Sponsors | M. Lindsay (D) S. Sharbini (D) | Senate Sponsors | N. Hinrichsen (D) | House Committee | Transportation, Housing and Local Government | Senate Committee | Local Government and Housing | Status | Governor Signed (06/07/2023) | Amendments | |
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Bill:
HB23-1273
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Title: |
Creation Of Wildfire Resilient Homes Grant Program |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 03/30/2023 | Description | Concerning the creation of the wildfire resilient homes grant program, and, in connection therewith, making an appropriation. | History | Bill History | Save to Calendar | | Bill Subject | - State Government | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: D. Roberts (D) House: M. Snyder (D) J. Joseph (D) | Fiscal Notes | Fiscal Notes (08/10/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill creates the wildfire resilient homes grant program
(program) within the division of fire prevention and control (division). The program allows homeowners to apply to receive a grant for retrofitting or improving a house or other structure on the homeowner's property with strategies and technologies for structure hardening in order to make the house or structure more resilient to the risk of wildfire.
The bill also creates the wildfire resilient homes grant program
cash fund (fund) for use by the division to award grants and to promote best practices for structure hardening, and on August 15, 2023, the state treasurer is required to transfer $2 million from the general fund to the fund. The division is required to annually report to the wildfire matters review committee on expenditures made from the fund and grants that are awarded pursuant to the program.
| House Sponsors | M. Snyder (D) J. Joseph (D) | Senate Sponsors | D. Roberts (D) | House Committee | Agriculture, Water and Natural Resources | Senate Committee | Appropriations | Status | Governor Signed (05/12/2023) | Amendments | |
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Bill:
SB23-036
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Title: |
Veterans With Disab Prop Tax Exemption Reqmnts |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/10/2023 | Description | Concerning a change to the application process for the property tax exemption for veterans with a disability. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: L. Cutter (D) B. Pelton (R) House: D. Ortiz (D) R. Armagost (R) | Fiscal Notes | Fiscal Notes (09/07/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Current law requires an individual applying for the property tax
exemption for a veteran with a disability to submit the application to the division of veterans affairs (division) in the Colorado department of veterans and military affairs. The bill instead requires an individual to submit an application to the individual's county tax assessor. When submitting an application, the bill requires an individual to include proof
of qualifying veteran with a disability status, which the bill defines as documentary evidence from the United States department of veterans affairs that the individual is a qualifying veteran with a disability. The bill further requires the division to develop guidance that specifies the documentary evidence from the United States department of veterans affairs that must be included with an application. The bill eliminates the requirement that the division determine whether an individual is a qualifying veteran with a disability.
To comply with an existing statutory requirement that people first
language be used in new or amended statutes that refer to persons with disabilities, the bill also changes the existing terms disabled veteran and disabled veterans to veteran with a disability and veterans with a disability.
| House Sponsors | D. Ortiz (D) R. Armagost (R) | Senate Sponsors | L. Cutter (D) B. Pelton (R) | House Committee | State, Civic, Military and Veterans Affairs | Senate Committee | State, Veterans and Military Affairs | Status | Governor Signed (06/05/2023) | Amendments | - April 18, 2023: House Appropriations Committee Report
- March 16, 2023: House State, Civic, Military, & Veterans Affairs Committee Report
- March 16, 2023: House State, Civic, Military, & Veterans Affairs Committee Report
- February 17, 2023: Senate Appropriations Committee Report
- February 17, 2023: Senate Appropriations Committee Report
- February 02, 2023: Senate State, Veterans, & Military Affairs Committee Report
- February 02, 2023: Senate State, Veterans, & Military Affairs Committee Report
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Bill:
SB23-047
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Title: |
Confirmed Funds For Closing And Settlement Process |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/12/2023 | Description | Concerning modifications to the closing and settlement process for real estate transactions. | History | Bill History | Save to Calendar | | Bill Subject | - Financial Services & Commerce | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: K. Van Winkle (R) House:
| Fiscal Notes | Fiscal Notes (06/28/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill modifies the closing and settlement procedure for real
estate transactions to ensure that the funds intended to be used at closing have been:
Received and deposited into a trust account at least one business day before the scheduled closing; and
Confirmed as deposited and available for immediate
disbursement upon the settlement and closing of the real estate transaction.
The bill takes effect September 1, 2024.
| House Sponsors | | Senate Sponsors | K. Van Winkle (R) | House Committee | | Senate Committee | Business, Labor and Technology | Status | Senate Committee on Business, Labor, & Technology Postpone Indefinitely (02/09/2023) | Amendments | |
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Bill:
SB23-107
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Title: |
Senior And Veterans With Disabilities Property Tax Exemption |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/31/2023 | Description | Concerning the expansion of existing property tax exemptions for certain owner-occupied primary residences. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: L. Liston (R) House:
| Fiscal Notes | Fiscal Notes (09/06/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | For property tax years commencing on or after January 1, 2023, the
bill specifies that a senior is deemed to be a 10-year owner-occupier of a primary residence that the senior has owned and occupied for less than 10 years and therefore qualifies for the senior property tax exemption for the residence if:
The senior would have qualified for the senior property tax exemption for the senior's former primary residence but a medical necessity required the senior to stop occupying the former primary residence;
The senior has not previously received the exemption for a former primary residence on the basis of medical necessity; and
The senior has not owned and occupied another primary residence since the senior first stopped occupying the senior's former primary residence due to medical necessity.
Medical necessity is defined as one or more medical conditions
of a senior that a physician licensed to practice medicine in Colorado has certified on a form developed by the state property tax administrator as having required the senior to stop occupying the senior's prior primary residence.
When applying for an exemption on the basis of medical necessity,
a senior must provide the form establishing proof of medical necessity.
For property tax years commencing on or after January 1, 2023,
but before January 1, 2028, the bill increases the maximum amount of actual value of the owner-occupied residence of a qualifying senior or veteran with a disability that is exempt from property taxation from $200,000 to $300,000.
For property tax years commencing on or after January 1, 2028, the
bill increases the maximum amount of actual value of the owner-occupied residence of a qualifying senior or veteran with a disability that is exempt from property taxation from $300,000 to $500,000.
| House Sponsors | | Senate Sponsors | L. Liston (R) | House Committee | | Senate Committee | State, Veterans and Military Affairs | Status | Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/09/2023) | Amendments | |
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Bill:
SB23-108
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Title: |
Allowing Temporary Reductions In Property Tax Due |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 01/31/2023 | Description | Concerning temporary reductions in property taxes due. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: F. Winter (D) M. Baisley (R) House: R. Pugliese (R) L. Frizell (R) | Fiscal Notes | Fiscal Notes (08/08/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill allows a local government to provide temporary property
tax relief through temporary property tax credits or mill levy reductions and later eliminate the credits or restore the mill levy. The bill clarifies that a local government may temporarily reduce property taxes due by providing for tax credits or reducing the mill levy and later eliminate the tax credits or restore the mill levy.
| House Sponsors | R. Pugliese (R) L. Frizell (R) | Senate Sponsors | F. Winter (D) M. Baisley (R) | House Committee | Finance | Senate Committee | State, Veterans and Military Affairs | Status | Governor Signed (06/05/2023) | Amendments | |
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Bill:
SB23-204
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Title: |
Correct Erroneous Property Tax Exemption End Date |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 03/20/2023 | Description | Concerning the correction of a defective date reference to properly reflect the legislative intent that agricultural equipment that is used in any controlled environment agricultural facility be exempt from the property taxation for only five years. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes- Local Government | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: B. Pelton (R) House: R. Pugliese (R) | Fiscal Notes | Fiscal Notes (07/17/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Statutory Revision Committee. House Bill 22-1301 enacted a
property tax exemption for agricultural equipment that is used in any
controlled environment agricultural facility. The Senate adopted an amendment to the bill that was intended, as described by the amendment sponsor when the Senate considered the amendment on second reading, to limit the exemption to 5 property tax years, specifically the 2023, 2024, 2025, 2026, and 2027 property tax years. However, the amendment, and the bill as subsequently enacted, stated that the exemption is available prior to January 2, 2028, rather than prior to January 1, 2028,. Because the assessment date on which the status of property as taxable or tax-exempt is determined is January 1 of each property tax year, the exemption will also be allowed for the 2028 property tax year if the defective date reference is not corrected. The bill corrects the defective date reference by changing it from January 2, 2028, to January 1, 2028,.
| House Sponsors | R. Pugliese (R) | Senate Sponsors | B. Pelton (R) | House Committee | Agriculture, Water and Natural Resources | Senate Committee | Agriculture and Natural Resources | Status | Governor Signed (05/12/2023) | Amendments | |
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Bill:
SB23-206
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Title: |
Disclose Radon Information Residential Property |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 03/20/2023 | Description | Concerning information about radon in residential real property transactions. | History | Bill History | Save to Calendar | | Bill Subject | - Housing | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: F. Winter (D) House: D. Michaelson Jenet (D) E. Sirota (D) | Fiscal Notes | Fiscal Notes (08/31/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill requires the seller of residential real estate and a landlord
of residential real estate to provide to prospective buyers and tenants in writing:
A warning statement about the dangers of radon and the need for testing;
Any knowledge the seller or landlord has of the residential
real property's radon concentrations and history, including tests performed, reports written, and mitigation conducted; and
A copy of the most recent brochure published by the department of public health and environment that provides advice about radon in real estate transactions.
If a seller fails to provide the written disclosures, the buyer has a
claim for relief against the seller for damages to the buyer resulting from the failure plus court costs. If a landlord fails to provide the written disclosures or fails to mitigate an elevated radon level, the tenant may void the lease without penalty.
A real estate broker must take reasonable steps to ensure the real
estate broker's clients comply with the bill.
| House Sponsors | D. Michaelson Jenet (D) E. Sirota (D) | Senate Sponsors | F. Winter (D) | House Committee | Public and Behavioral Health & Human Services | Senate Committee | Local Government and Housing | Status | Governor Signed (06/05/2023) | Amendments | |
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Bill:
SB23-213
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Title: |
Land Use |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 03/22/2023 | Description | Concerning state land use requirements, and, in connection therewith, making an appropriation. | History | Bill History | Save to Calendar | | Bill Subject | - Housing- Local Government | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: D. Moreno (D) House: S. Woodrow (D) I. Jodeh (D) | Fiscal Notes | Fiscal Notes (08/10/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Housing needs planning. The executive director of the
department of local affairs (director) shall, no later than December 31, 2024, and every 5 years thereafter, issue methodology for developing statewide, regional, and local housing needs assessments. The statewide housing needs assessment must determine existing statewide housing stock and current and future housing needs. The regional housing needs assessments must allocate the addressing of housing needs identified in the statewide housing needs assessment to regions of the state. Similarly, the local housing needs assessments must allocate the addressing of the housing needs allocated in the regional housing needs assessment to localities in the relevant region.
The director shall, no later than December 31, 2024, issue
guidance on creating a housing needs plan for both a rural resort job center municipality and an urban municipality. Following this guidance, no later than December 31, 2026, and every 5 years thereafter, a rural resort job center municipality and an urban municipality shall develop a housing needs plan and submit that plan to the department of local affairs (department). A housing needs plan must include, among other things, descriptions of how the plan was created, how the municipality will address the housing needs it was assigned in the local housing needs assessment, affordability strategies the municipality has selected to address its local housing needs assessment, an assessment of
displacement risk and any strategies selected to address identified risks, and how the locality will comply with other housing requirements in this bill.
The director shall, no later than December 31, 2024, develop and
publish a menu of affordability strategies to address housing production, preservation, and affordability. Rural resort job center municipalities and urban municipalities shall identify at least 2 of these strategies that they intend to implement in their housing plan, and urban municipalities with a transit-oriented area must identify at least 3.
The director shall, no later than December 31, 2024, develop and
publish a menu of displacement mitigation measures. This menu must, among other things, provide guidance for how to identify areas at the highest risk for displacement and identify displacement mitigation measures that a locality may adopt. An urban municipality must identify which of these measures it intends to implement in its housing plan to address any areas it identifies as at an elevated risk for displacement.
The director shall, no later than March 31, 2024, publish a report
that identifies strategic growth objectives that will incentivize growth in transit-oriented areas and infill areas and guide growth at the edges of urban areas. The multi-agency advisory committee shall, no later than March 31, 2024, submit a report to the general assembly concerning the strategic growth objectives.
The bill establishes a multi-agency advisory committee and
requires that committee to conduct a public comment and hearing process on and provide recommendations to the director on:
Methodologies for developing statewide, regional, and local housing needs assessments;
Guidance for creating housing needs plans;
Developing a menu of affordability strategies;
Developing a menu of displacement mitigation measures;
Identifying strategic growth objectives; and
Developing reporting guidance and templates.
A county or municipality within a rural resort region shall
participate in a regional housing needs planning process. This process must encourage participating counties and municipalities to identify strategies that, either individually or through intergovernmental agreements, address the housing needs assigned to them. A report on this process must be submitted to the department. Further, within 6 months of completing this process, a rural resort job center municipality shall submit a local housing needs plan to the department. Once a year, both rural resort job centers and urban municipalities shall report to the department on certain housing data.
A multi-agency group created in the bill and the division of local
government within the department shall provide assistance to localities in complying with the requirements of this bill. This assistance must
include technical assistance and a grant program.
Accessory dwelling units. The director shall promulgate an
accessory dwelling unit model code that, among other things, requires accessory dwelling units to be allowed as a use by right in any part of a municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a municipality does not adopt the accessory dwelling unit
model code, the municipality shall adhere to accessory dwelling unit minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:
Allow accessory dwelling units as a use by right in any part of the municipality where the municipality allows single-unit detached dwellings as a use by right;
Only adopt or enforce local laws concerning accessory dwelling units that use objective standards and procedures;
Not adopt, enact, or enforce local laws concerning accessory dwelling units that are more restrictive than local laws concerning single-unit detached dwellings; and
Not apply standards that make the permitting, siting, or construction of accessory dwelling units infeasible.
Middle housing. The director shall promulgate a middle housing
model code that, among other things, requires middle housing to be allowed as a use by right in any part of a rural resort job center municipality or a tier one urban municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the middle housing model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:
Allow middle housing as a use by right in certain areas;
Only adopt or enforce local laws concerning middle housing that use objective standards and procedures;
Allow properties on which middle housing is allowed to be split by right using objective standards and procedures;
Not adopt, enact, or enforce local laws concerning middle housing that are more restrictive than local laws concerning single-unit detached dwellings; and
Not apply standards that make the permitting, siting, or
construction of middle housing infeasible.
Transit-oriented areas. The director shall promulgate a
transit-oriented area model code that, among other things, imposes minimum residential density limits for multifamily residential housing and mixed-income multifamily residential housing and allows these developments as a use by right in the transit-oriented areas of tier one urban municipalities. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a tier one urban municipality does not adopt the
transit-oriented model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:
Create a zoning district within a transit-oriented area in which multifamily housing meets a minimum residential density limit and is allowed as a use by right; and
Not apply standards that make the permitting, siting, or construction of multifamily housing in transit-oriented areas infeasible.
Key corridors. The director shall promulgate a key corridor model
code that applies to key corridors in rural resort job center municipalities and tier one urban municipalities. The model code must, among other things, include requirements for:
The percentage of units in mixed-income multifamily residential housing that must be reserved for low- and moderate-income households;
Minimum residential density limits for multifamily residential housing; and
Mixed-income multifamily residential housing that must be allowed as a use by right in key corridors.
The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the key corridor model code, the municipality shall adhere to key corridor minimum standards promulgated by the director and developed by the department. These minimum standards, among other things, must identify a net residential zoning capacity for a municipality and must require a municipality to:
Allow multifamily residential housing within key corridors that meets the net residential zoning capacity as a use by right;
Not apply standards that make the permitting, siting, or
construction of multifamily housing in certain areas infeasible; and
Not adopt, enact, or enforce local laws that make satisfying the required minimum residential density limits infeasible.
The committee shall provide recommendations to the director on promulgating these minimum standards. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Adoption of model codes and minimum standards. A relevant
municipality shall adopt either the model code or local laws that satisfy the minimum standards concerning accessory dwelling units, middle housing, transit-oriented areas, and key corridors. Furthermore, a municipality shall submit a report to the department demonstrating that it has done so. If a municipality fails to adopt either the model code or local laws that satisfy the minimum standards by a specified deadline, the relevant model code immediately goes into effect, and municipalities shall then approve any proposed projects that meet the standards in the model code using objective procedures. However, a municipality may apply to the department for a deadline extension for a deficiency in water or wastewater infrastructure or supply.
Additional provisions. The bill also:
Requires the advisory committee on factory-built structures and tiny homes to produce a report on the opportunities and barriers in state law concerning the building of manufactured homes, mobile homes, and tiny homes;
Removes the requirements that manufacturers of factory-built structures comply with escrow requirements of down payments and provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer;
Prohibits a planned unit development resolution or ordinance for a planned unit with a residential use from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors in a way not allowed by this bill;
Prohibits a local government from enacting or enforcing residential occupancy limits that differ based on the relationships of the occupants of a dwelling;
Modifies the content requirements for a county and municipal master plan, requires counties and municipalities to adopt or amend master plans as part of an inclusive process, and requires counties and municipalities to submit master plans to the department;
Allows a municipality to sell and dispose of real property and public buildings for the purpose of providing property
to be used as affordable housing, without requiring the sale to be submitted to the voters of the municipality;
Requires the approval process for manufactured and modular homes to be based on objective standards and administrative review equivalent to the approval process for site-built homes;
Prohibits a municipality from imposing more restrictive standards on manufactured and modular homes than the municipality imposes on site-built homes;
Prohibits certain municipalities from imposing minimum square footage requirements for residential units in the approval of residential dwelling unit construction permits;
Requires certain entities to submit to the Colorado water conservation board (board) a completed and validated water loss audit report pursuant to guidelines that the board shall adopt;
Allows the board to make grants from the water efficiency grant program cash fund to provide water loss audit report validation assistance to covered entities;
Allows the board and the Colorado water resources and power development authority to consider whether an entity has submitted a required audit report in deciding whether to release financial assistance to the entity for the construction of a water diversion, storage, conveyance, water treatment, or wastewater treatment facility;
Prohibits a unit owners' association from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors;
Requires the department of transportation to ensure that the prioritization criteria for any grant program administered by the department are consistent with state strategic growth objectives, so long as doing so does not violate federal law;
Requires any regional transportation plan that is created or updated to address and ensure consistency with state strategic growth objectives;
Requires that expenditures for local and state multimodal projects from the multimodal transportation options fund are only to be made for multimodal projects that the department determines are consistent with state strategic growth objectives; and
For state fiscal year 2023-24, appropriates $15,000,000 from the general fund to the housing plans assistance fund and makes the department responsible for the accounting related to the appropriation.
1
| House Sponsors | S. Woodrow (D) I. Jodeh (D) | Senate Sponsors | D. Moreno (D) | House Committee | Transportation, Housing and Local Government | Senate Committee | Local Government and Housing | Status | Senate Considered House Amendments - Result was to Laid Over Daily (05/06/2023) | Amendments | |
|
Bill:
SB23-255
|
Title: |
Wolf Depredation Compensation Fund |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 03/27/2023 | Description | Concerning the provision of compensation to people who suffer damages because of gray wolf depredation, and, in connection therewith, making and reducing appropriations. | History | Bill History | Save to Calendar | | Bill Subject | - Natural Resources & Environment | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: D. Roberts (D) P. Will (R) House: M. Catlin (R) J. McCluskie (D) | Fiscal Notes | Fiscal Notes (08/03/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill creates the wolf depredation compensation fund (fund) to
compensate landowners and agricultural producers for depredation of livestock and working animals by wolves. For the 2023-24 state fiscal year and each state fiscal year thereafter, the state treasurer is directed to transfer $350,000 from the general fund to the fund. At the end of the
2023-24 and 2024-25 state fiscal years, any unencumbered balance in the fund that exceeds $100,000 is transferred to the wildlife cash fund. At the end of subsequent state fiscal years, the amount transferred to the wildlife cash fund is any unencumbered balance in the fund that exceeds 120% of the amount spent from the fund in the previous state fiscal year.
Each year, the director of the division of parks and wildlife will
issue a report and make a presentation at the appropriate SMART Act hearing.
The bill reduces by $175,000 the fiscal year 2023-24 general fund
appropriation to the department of natural resources for use by the division of parks and wildlife for the reintroduction and management of gray wolves.
| House Sponsors | M. Catlin (R) J. McCluskie (D) | Senate Sponsors | D. Roberts (D) P. Will (R) | House Committee | Agriculture, Water and Natural Resources | Senate Committee | Agriculture and Natural Resources | Status | Governor Signed (05/23/2023) | Amendments | |
|
Bill:
SB23-256
|
Title: |
Management Of Gray Wolves Reintroduction |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 03/27/2023 | Description | Concerning prerequisites to the management of gray wolves prior to the wolves being reintroduced. | History | Bill History | Save to Calendar | | Bill Subject | - Natural Resources & Environment | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: D. Roberts (D) P. Will (R) House: M. Soper (R) M. Lukens (D) | Fiscal Notes | Fiscal Notes (07/05/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill prohibits the introduction of gray wolves into an area if:
The United States secretary of the interior has not made a final determination as to whether the gray wolf population in the area is experimental, which gives the state greater flexibility to manage the wolves; or
The United States secretary of the interior or the United
States department of agriculture has not completed an environmental impact study under federal law.
| House Sponsors | M. Soper (R) M. Lukens (D) | Senate Sponsors | D. Roberts (D) P. Will (R) | House Committee | Agriculture, Water and Natural Resources | Senate Committee | Agriculture and Natural Resources | Status | Governor Vetoed (05/16/2023) | Amendments | |
|
Bill:
SB23-273
|
Title: |
Agricultural Land In Urban Renewal Areas |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 04/10/2023 | Description | Concerning the inclusion of agricultural land in urban renewal areas. | History | Bill History | Save to Calendar | | Bill Subject | - Agriculture- Local Government | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: B. Pelton (R) J. Marchman (D) House: R. Bockenfeld (R) B. McLachlan (D) A. Boesenecker (D) | Fiscal Notes | Fiscal Notes (08/22/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Currently, an urban renewal area cannot contain agricultural land
unless the land meets an exception. One exception for including agricultural land is that the land was included in an approved urban renewal plan prior to June 1, 2010.
The bill updates the exception to specify that agricultural land may
be included in an urban renewal area if the urban renewal plan was
originally approved or modified to include the agricultural land prior to June 1, 2010, and if the land still remains in the same urban renewal plan.
| House Sponsors | R. Bockenfeld (R) B. McLachlan (D) A. Boesenecker (D) | Senate Sponsors | B. Pelton (R) J. Marchman (D) | House Committee | Agriculture, Water and Natural Resources | Senate Committee | Agriculture and Natural Resources | Status | Governor Vetoed (05/23/2023) | Amendments | |
|
Bill:
SB23-303
|
Title: |
Reduce Property Taxes And Voter-approved Revenue Change |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 05/01/2023 | Description | Concerning a reduction in property taxes, and, in connection therewith, creating a limit on annual property tax increases for certain local governments; temporarily reducing the valuation for assessment of certain residential and nonresidential property; creating new subclasses of property; permitting the state to retain and spend revenue up to the proposition HH cap; requiring the retained revenue to be used to reimburse certain local governments for lost property tax revenue and to be deposited in the state education fund to backfill the reduction in school district property tax revenue; transferring general fund money to the state public school fund and to a cash fund to also be used for the reimbursements; eliminating the cap on the amount of excess state revenues that may be used for the reimbursements for the 2023 property tax year; referring a ballot issue; and making an appropriation. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes- Local Government- State Revenue & Budget | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: C. Hansen (D) S. Fenberg (D) House: M. Weissman (D) | Fiscal Notes | Fiscal Notes (08/08/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Section 3 of the bill requires the secretary of state to refer a ballot
issue to voters at the November 2023 election that asks voters whether property taxes should be reduced and that seeks voter approval to retain and spend excess state revenues that will be used to backfill some of the reduced property tax revenue. Most of the bill only becomes effective if the voters approve the ballot issue.
Local government property tax revenue limit. Beginning with
the 2023 property tax year, section 6 establishes a limit on specified property tax revenue for local governments, excluding those that are home rule and school districts, that is equal to inflation above the property tax revenue from the prior property tax year (limit). A local government may establish a temporary property tax credit, which does not change the gross mill levy, that is up to the number of mills necessary to prevent the local government's property tax revenue from exceeding the limit. Alternatively, the governing board may approve a mill levy that would cause the local government to exceed the limit, if the governing board approves the mill levy at a public meeting that meets certain criteria.
Valuation changes. The valuation for assessment (valuation) of
nonresidential real and personal property, excluding producing mines and lands or leaseholds producing oil or gas, is based on an assessment rate of 29% of actual value, but currently, there are temporary reductions in the valuation for certain subclasses of property. Section 8 creates the additional temporary reductions. For the 2023 property tax year:
For lodging property, property listed under any improved commercial subclass code, and all other nonresidential property, excluding agricultural property and renewable energy production property, the assessment rate is reduced from 27.9% to 27.85%;
For renewable energy agricultural land, which is a newly created subclass of agricultural property that is valued under section 7, the assessment rate is reduced from 26.4%
to 21.9%.
Thereafter, the assessment rate for lodging property and all
nonresidential property, excluding agricultural property and renewable energy production property and property that is not under a vacant land subclass, is reduced from 29% to:
27.85% for the 2024 through 2026 property tax years;
27.65% for the 2027 and 2028 property tax years;
26.9% for the 2029 and 2030 property tax years; and
25.9% or 26.9% for the 2031 and 2032 property tax years, depending on the increase in the valuation in the 32 counties with the smallest increases from the 2030 to 2031 property tax years (revenue increases).
The assessment rate for agricultural property, excluding renewable
energy agricultural land, and renewable energy property is reduced from 29% to:
26.4% for the 2025 through 2030 property tax years; and
25.9% or 26.4% for the 2031 and 2032 property tax years, depending on the increase in the valuation in the 32 counties with the smallest revenue increases.
The assessment rate for renewable energy agricultural land is
reduced from 29% to 21.9% for the 2024 through 2032 property tax years.
Beginning with the 2033 property tax year, all of the temporary
valuation reductions expire and the valuation of all nonresidential real property is 29% of the actual value of the property.
The valuation of residential real property is based on an
assessment rate of 7.15% of actual value, but currently, there are temporary reductions in the valuation. Section 9 further reduces the valuation of residential real property. For the 2023 property tax year, the valuation is reduced from 6.765% of the amount equal to the actual value minus the lesser of $15,000 or the amount that causes the valuation to be $1,000 (alternate amount) to 6.7% of the amount equal to the actual value minus the lesser of $40,000 or the alternate amount.
For the 2024 property tax year, the valuation is reduced as follows:
For multi-family residential real property, the valuation is reduced from 6.8% of the actual value to 6.7% of the amount equal to the actual value minus the lesser of $40,000 or the alternate amount; and
For all other residential real property, the valuation is reduced from an estimate of 6.98% of the actual value to 6.7% of the amount equal to the actual value minus the lesser of $40,000 or the alternate amount.
For the 2025 through 2032 property tax years:
For multi-family residential real property and primary residence real property, including multi-family primary
residence real property, the valuation is reduced from 7.15% of the actual value to 6.7% of the actual value minus the lesser of $40,000 or the alternate amount;
For qualified-senior primary residence real property, including multi-family qualified-senior primary residence real property, the valuation is reduced from 7.15% of the actual value to 6.7% of the amount equal to the actual value minus $140,000 or the alternate amount; and
For all other residential real property, the assessment rate is reduced from 7.15% to 7.1%.
Beginning with the 2033 property tax year, all of the temporary
valuation reductions expire and the valuation of all residential real property is 7.15% of the actual value of the property.
The bill also establishes that all of the temporary reductions in
valuation for residential and nonresidential property created in the bill are contingent on the state's ability to retain and spend state surplus up to the proposition HH cap. If, for any reason, excluding a legislative enactment by the general assembly, the state is not permitted to retain and spend this money, then the temporary reductions in the bill do not apply.
Section 11 creates the residential subclass of primary residence
real property for owner-occupiers and establishes administrative procedures related to the classification that are based on the procedures for the homestead exemption, with those procedures expanded to treat civil union partners like spouses. Section 11 also creates the residential subclass of qualified-senior primary residence real property, which is a property with an owner-occupier who previously qualified for the senior homestead exemption for a different property and who does not qualify for the exemption for the current property tax year.
Sections 1, 12, 13, 15, and 16 delay deadlines as necessary due to
the valuation changes for the 2023 property tax year.
The state is currently required to reimburse local governmental
entities for property tax revenue lost as a result of the reductions in valuation enacted in Senate Bill 22-238. Section 14 modifies this backfill mechanism by:
Specifying that the amount of revenue lost for a property tax year is based on a local governmental entity's mill levy for the 2022 property tax year, excluding specified mills;
Including the additional property tax revenue reductions that result from the bill in the backfill for the 2023 property tax year;
Eliminating the maximum amount of the backfill for the 2023 property tax year that is a refund of excess state revenues;
Extending the backfill for the 2024 through 2032 property tax years for the valuation reductions in the bill, but making
a local governmental entity that has an increase in real property total valuation of 20% or more from the 2022 property tax year ineligible for the backfill;
Creating the local government backfill cash fund, which includes a $128 million general fund transfer, and requiring the money from the fund to be used to backfill revenue to local governments beginning with the 2024 property tax year; and
Beginning with the 2024 property tax year, proportionally reducing the amount that each eligible local government receives, if necessary to avoid exceeding the total amount that is available for the backfills statewide.
Section 14 also modifies the backfill mechanism to treat cities and
counties as counties instead of municipalities, and this change is not contingent on voter-approval of the ballot issue. Section 18 requires the department of revenue to calculate the amount of excess state revenues that will be refunded for the fiscal year 2022-23 with and without the changes from the bill.
Voter-approved revenue change. If the voters approve the
referred ballot issue, then the state will be authorized to retain and spend revenues up to the proposition HH cap, created in section 3. For the 2023-24 fiscal year, the proposition HH cap is equal to the excess state revenues cap for the prior fiscal year, adjusted for inflation plus 1% and population changes. Thereafter, the proposition HH cap is equal to the proposition HH cap for the prior fiscal year, adjusted for inflation plus 1% and population changes. The proposition HH cap is also annually adjusted for the qualification or disqualification of enterprises and debt service changes.
If the general assembly does not enact assessment rates for the
2033 property tax year that are the same or lower than the assessment rates for the 2032 property tax year described above, then the proposition HH cap is reduced to be equal to the excess state revenues cap, and the state will retain $0 under this authority beginning with the 2031-32 fiscal year. Thereafter, the general assembly may partially or wholly restore the proposition HH cap without additional voter approval if the general assembly enacts valuation reductions equal to or greater than those for the 2032 property tax year.
The amount retained under this authority is first used in the
following fiscal year to backfill certain local governments for the reduced property tax revenue as a result of the property tax changes in the bill and Senate Bill 22-238, and the remainder is transferred to the state education fund to offset the revenue that school districts lose as a result of the property tax changes. Section 5 requires the state controller to include the new voter-approved revenue change in the annual report on TABOR revenues.
Sections 2, 4, 10, and 17 make conforming amendments related
to the valuation changes and related procedures and the voter-approved revenue changes.
| House Sponsors | M. Weissman (D) | Senate Sponsors | C. Hansen (D) S. Fenberg (D) | House Committee | Appropriations | Senate Committee | Appropriations | Status | Governor Signed (05/24/2023) | Amendments | |
|
Bill:
SB23-304
|
Title: |
Property Tax Valuation |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 05/01/2023 | Description | Concerning changes to property tax valuation practices, and, in connection therewith, requiring property tax assessors to consider certain information when valuing real property, requiring certain counties use an alternative protest and appeal procedure in any year of general reassessment of real property that is valued biennially, and clarifying that data that a property tax assessor is required to provide at the request of a taxpayer must include certain information. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: C. Hansen (D) S. Fenberg (D) House: S. Bird (D) L. Frizell (R) | Fiscal Notes | Fiscal Notes (07/17/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | Section 1 of the bill specifies that when a property tax assessor
values real property, the property tax assessor must consider:
The current use;
Existing zoning and other governmental land use or environmental regulations and restrictions;
Multi-year leases or other arrangements affecting the use of or income from real property;
Easements and reservations of record; and
Covenants, conditions, and restrictions of record.
Beginning January 1, 2024, section 2 requires certain counties to
use an alternative procedure to determine objections and protests of property tax valuations in any year of general reassessment of real property that is valued biennially.
Currently, at the request of a taxpayer, a property tax assessor is
required to provide the taxpayer with certain data that the assessor used to determine the value of the taxpayer's property. Section 3 clarifies that the data the assessor is required to provide must include the primary method and rates the assessor used to value the property.
| House Sponsors | S. Bird (D) L. Frizell (R) | Senate Sponsors | C. Hansen (D) S. Fenberg (D) | House Committee | Finance | Senate Committee | Finance | Status | Governor Signed (05/24/2023) | Amendments | |
|
Bill:
SB23-305
|
Title: |
Property Tax Task Force |
Votes | Votes all Legislators | Hearing Date | | Hearing Time | | Hearing Room | | Intro Date | 05/03/2023 | Description | Concerning the creation of the property tax task force. | History | Bill History | Save to Calendar | | Bill Subject | - Fiscal Policy & Taxes | Bill Docs | Bill Documents | Sponsors (House and Senate) | Senate: B. Pelton (R) House: R. Pugliese (R) | Fiscal Notes | Fiscal Notes (05/15/2023) | Full Text | Full Text of Bill | Lobbyists | Lobbyists | Position | Monitor | Category | | Comment | | Custom Summary | | Summary | The bill creates the property tax task force (task force). The task
force consists of both members of the general assembly and individuals who are not members of the general assembly. The purpose of the task force is to develop a permanent and sustainable tax structure for the state of Colorado.
The task force is required to:
Convene by July 15, 2023;
Meet at least 4 times in its first year and at least 8 times
every year; and
Submit reports with its findings and recommendations to the general assembly by November 1.
After the task force makes its first report to the general assembly,
the task force may determine that it has fulfilled its purposes and the task force may be disbanded.
The task force is repealed on November 1, 2026.
| House Sponsors | R. Pugliese (R) | Senate Sponsors | B. Pelton (R) | House Committee | | Senate Committee | Finance | Status | Senate Committee on Finance Postpone Indefinitely (05/04/2023) | Amendments | |
|
|