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Colorado Revised Statutes Title 39. Taxation § 39-3-210. Reporting of property tax revenue reductions--reimbursement of local governmental entities--definitions--local government backfill cash fund--creation--repeal
Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section, unless the context otherwise requires:
(a) “Additional state revenues” means the lesser of two hundred forty million dollars or the total amount of the state revenues in excess of the limitation on state fiscal year spending imposed by section 20(7)(a) of article X of the state constitution that the state is required to refund under section 20(7)(d) of article X of the state constitution, including any amount specified in section 24-77-103.8, that exceeds the amounts projected to be refunded as required by sections 39-3-209 and 39-22-627 for the state fiscal year commencing on July 1, 2022.
(a.2) “Ambulance district” means a special district that provides emergency medical services and the transportation of sick, disabled, or injured persons by motor vehicle, aircraft, or other form of transportation to and from facilities providing medical services. As used in this subsection (1)(a.2), “emergency medical services” means services engaged in providing initial emergency medical assistance, including the treatment of trauma and burns and respiratory, circulatory, and obstetrical emergencies.
(a.3) “County” includes a city and county.
(b) “Fire district” means any special district that has the sole responsibility of providing fire protection services.
(c) “Health service district” means a special district that may establish, maintain, or operate, directly or indirectly through lease to or from other parties or other arrangement, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, or other facilities licensed or certified pursuant to section 25-1.5-103(1)(a) providing health and personal care services and may organize, own, operate, control, direct, manage, contract for, or furnish ambulance service.
(d) “Library district” means a public library established as its own taxing authority by one or more governmental units or parts thereof. A library district is a political subdivision of the state.
(d.5) “Local governmental entity” means a governmental entity authorized by law to impose ad valorem taxes on taxable property located within its territorial limits; except that the term excludes school districts.
(e) “Municipality” means a home rule or statutory city, town, or territorial charter city.
(f) “Sanitation district” means a special district that provides for storm or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto.
(f.5) “Total property tax revenue reduction” means the amount that an assessor calculates for a local governmental entity pursuant to subsection (2)(c) of this section.
(g) “Water district” means a special district that supplies water for domestic and other public and private purposes by any available means and provides all necessary or proper reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto.
(2)(a) For the property tax year commencing on January 1, 2023, for counties with a population of three hundred thousand or less as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:
(I) Each assessor shall calculate the total property tax revenues lost by each local governmental entity, excluding school districts, within the assessor's county as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment; and
(II) Each assessor shall calculate the difference in assessed value of real property for the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2023 within the assessor's county.
(b) For the property tax year commencing on January 1, 2023, for counties with a population greater than three hundred thousand as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:
(I)(A) Each assessor shall calculate, for each municipality, fire district, health service district, water district, sanitation district, and library district, the aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment;
(B) Each assessor shall calculate, for each local governmental entity in the assessor's county besides ambulance districts, fire districts, and health districts, the difference in assessed value of real property for the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2023, within the assessor's county; and
(II) Each assessor shall calculate, for all local governmental entities besides municipalities, fire districts, health service districts, water districts, sanitation districts, school districts, and library districts, the aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment.
(c) For the property tax year commencing on January 1, 2023, each assessor shall calculate the total property tax revenue reduction for each local governmental entity within the assessor's county as a result of the cumulative temporary reductions in valuation for assessment made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022.
(d) When calculating the amounts in this subsection (2) for a local governmental entity for the property tax year commencing on January 1, 2023, as required by this section, an assessor shall use 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 contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon.
(e) For purposes of this section, a local governmental entity within a county includes the county itself.
(2.5)(a) On or before September 15, 2023, each treasurer shall report the following estimates to the administrator for all local governmental entities within the treasurer's county:
(I) The total property tax revenue reduction for the property tax year commencing on January 1, 2023, that is based on the:
(A) Temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022; and
(B) Cumulative temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022, and Senate Bill 23-303, if a majority of voters approve the ballot issue referred in accordance with section 24-77-202; and
(II) The increase in assessed value from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023, that is based on the:
(A) Temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022; and
(B) Cumulative temporary reductions in the valuation for assessment made in Senate Bill 22-238, enacted in 2022, and Senate Bill 23-303, if a majority of voters approve the ballot issue referred in accordance with section 24-77-202.
(b) The administrator shall provide the estimates received in accordance with subsection (2.5)(a) of this section to the department of revenue and legislative council staff.
(3) No later than March 1, 2024, each assessor shall report the amounts specified in subsection (2) of this section, as applicable, and the basis for the amounts to the administrator, and the administrator may require an assessor to provide additional information as necessary to evaluate the accuracy of the amounts reported. The administrator shall confirm that the reported amounts are correct or rectify the amounts, if necessary. The administrator shall then forward the correct amounts for each county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to each treasurer in accordance with subsection (4) of this section.
(4)(a) No later than April 15, 2024, the state treasurer shall issue a warrant, to be paid upon demand from additional state revenues for the state fiscal year commencing on July 1, 2022, and, if necessary, from other money in the general fund, to each treasurer that is equal to the total of:
(I) The amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(a)(I) of this section, for each county that both:
(A) Had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and
(B) Has a population of three hundred thousand or fewer, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs;
(II) Ninety percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(a)(I) of this section, for each county that both:
(A) Had an increase of ten percent or more in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and
(B) Has a population of three hundred thousand or fewer, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs;
(III) Sixty-five percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(II) of this section, for any county not described in subsections (4)(a)(I) and (4)(a)(II) of this section;
(IV) Ninety percent of the amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(I)(A) of this section for each municipality, fire district, health service district, water district, sanitation district, and library district that had an increase of ten percent or more in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023; and
(V) The entire amount specified by the administrator under subsection (3) of this section, based on the amount reported by each assessor under subsection (2)(b)(I)(A) of this section for each municipality, fire district, health service district, water district, sanitation district, and library district that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023.
(a.5) No later than April 15, 2024, the state treasurer shall issue a warrant, to be paid upon demand in an amount of up to fifty-four million dollars in the aggregate from the general fund to each treasurer that is equal to the total of:
(I) For counties with a population of three hundred thousand or less, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:
(A) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity, excluding ambulance districts, health districts, and fire districts, within a county that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;
(B) Ninety percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity, excluding ambulance districts, health districts, and fire districts, within a county that had an increase of ten percent or more, but less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;
(C) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each ambulance district, health district, and fire district; and
(D) For the relevant local governmental entities, the amount determined by the property tax administrator and the executive director of the department of local affairs pursuant to subsection (4)(a.5)(III)(B) of this section;
(II) For counties with a population of greater than three hundred thousand, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs:
(A) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each library district, sanitation district, water district, or municipality that had an increase of less than ten percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;
(B) Ninety percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each library district, sanitation district, water district, or municipality that had an increase of ten percent or more, but less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;
(C) Sixty-five percent of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for all local governmental entities besides an ambulance district, fire district, health district, library district, sanitation district, water district, or municipality that had an increase of less than fifteen percent in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023;
(D) The entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each ambulance district, health district, and fire district; and
(E) For the relevant local governmental entities, the amount determined by the property tax administrator and the executive director of the department of local affairs pursuant to subsection (4)(a.5)(III)(B) of this section; and
(III) Before April 15, 2024, the property tax administrator and the executive director of the department of local affairs shall jointly, for the property tax year commencing on January 1, 2023:
(A) Create a list of local governmental entities that provide fire protection services and the amount those local governmental entities spend to provide fire protection services; and
(B) Determine an amount of reimbursement of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, for each local governmental entity that provides fire protection services that is equitable with the amount of reimbursement that a fire district will receive pursuant to subsections (4)(a.5)(I)(C) and (4)(a.5)(II)(D) of this section and does not result in the local governmental entity being reimbursed for more than the entire amount of the total property tax revenue reduction, as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022.
(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 county as if the revenues had been regularly paid as property tax, but so that the local governmental entities only receive the amounts determined pursuant to subsections (4)(a) and (4)(a.5) of this section.
(c) When distributing the money, the treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents the reimbursement received under this subsection (4).
(d) The use of additional state revenues pursuant to subsection (4)(a) of this section is a reasonable method of refunding a portion of the excess state revenues required to be refunded in accordance with section 20(7)(d) of article X of the state constitution.
(e) Repealed by Laws 2024, Ch. 340 (H.B. 24-1302), § 2, eff. June 3, 2024.
(f) If the total of all reimbursements issued statewide pursuant to subsection (4)(a.5) of this section would otherwise exceed fifty-four million dollars, the state treasurer shall first issue the reimbursements described in subsections (4)(a.5)(I)(C), (4)(a.5)(I)(D), (4)(a.5)(II)(D), and (4)(a.5)(II)(E) of this section, second issue the reimbursement to local governmental entities that had no increase in the assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2023, and then third proportionally reduce the reimbursement amounts described in subsections (4)(a.5)(I)(A), (4)(a.5)(I)(B), (4)(a.5)(II)(A), (4)(a.5)(II)(B), and (4)(a.5)(II)(C) of this section, so that the total of all reimbursement statewide equals fifty-four million dollars.
(g) If a local governmental entity is located in more than one county, then the part located in each county is treated like any other local governmental entity located within the county for the purpose of determining the reimbursement amount under subsections (4)(a) and (4)(a.5) of this section.
(5) On or before March 21, 2024, based on the information available as of that date, the property tax administrator shall submit a report to the general assembly describing the aggregate reduction of local government property tax revenue, as well as school district property tax revenue, during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, and the changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment.
(6) This section is repealed, effective July 1, 2025.
(7) In order to insulate school districts for the total property tax revenue reduction and increased state share of the districts' total program as a result of the changes made in Senate Bill 23B-001, enacted in 2023, exclusive of any changes made in Senate Bill 22-238, enacted in 2022, on July 1, 2024, the state treasurer shall transfer one hundred forty-six million dollars to the state education fund created in section 17(4) of article IX of the state constitution.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 39. Taxation § 39-3-210. Reporting of property tax revenue reductions--reimbursement of local governmental entities--definitions--local government backfill cash fund--creation--repeal - last updated January 01, 2025 | https://codes.findlaw.com/co/title-39-taxation/co-rev-st-sect-39-3-210/
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