Amendments for HB08-1225
 

House Journal, April 10
16 HB08-1225 be amended as follows, and as so amended, be referred to
17 the Committee of the Whole with favorable
18 recommendation:
19
20 Amend printed bill, page 3, after line 15, insert the following:
21
22 "SECTION 2. Appropriation - adjustments to the 2008 long
23 bill. (1) In addition to any other appropriation, there is hereby
24 appropriated, out of any moneys in the general fund not otherwise
25 appropriated, to the department of education, assistance to public schools,
26 public school finance, for the state share of districts' total program
27 funding, for the fiscal year beginning July 1, 2008, the sum of one
28 hundred seventy-eight thousand dollars ($178,000), or so much thereof
29 as may be necessary, for the implementation of this act.
30
31 (2) For the implementation of this act, the general fund
2032 appropriation to the controlled maintenance trust fund made in section
33 of the annual general appropriation act, for the fiscal year beginning July
34 1, 2008, shall be decreased by one hundred seventy-eight thousand dollars
35 ($178,000).".
36
37 Renumber succeeding section accordingly.
38
39 Page 1, line 102, strike "PROPERTY." and substitute "PROPERTY, AND
40 MAKING AN APPROPRIATION IN CONNECTION THEREWITH.".
41
42

House Journal, April 11
50 Amendment No. 1, Appropriations Report, dated April 10, 2008, and
51 placed in member's bill file; Report also printed in House Journal,
52 April 10, page 1211.
53
54 Amendment No. 2, by Representative Rice.
55
56 Amend printed bill, page 3, after line 15, insert the following:
1 "SECTION 2. 39-5-108, Colorado Revised Statutes, is amended
2 to read:
3
4 39-5-108. Schedule sent to taxpayer - return. As soon after the
5 assessment date as may be practicable, the assessor shall mail or deliver
6 two copies ONE COPY of the personal property schedule to the place of
7 business or to the residence of each person known or believed to own
8 taxable personal property located in the county, or to the agent of such
9 person. Such person or his or her agent shall list in such schedule all
10 taxable personal property owned by him or her, or in his or her
11 possession, or under his or her control located in said county on the
12 assessment date, attaching such exhibits or statements thereto as may be
13 necessary, and shall sign and return the original copy thereof to the
14 assessor no later than the April 15 next following. Exhibits and
15 statements attached to the personal property schedule shall be deemed
16 sufficient for the purposes of the schedule if such exhibits or statements
17 clearly list the property, the cost of the property, and the date the property
18 was acquired.
19
20 SECTION 3. 39-5-121 (1.5) (a), Colorado Revised Statutes, is
21 amended to read:
22
23 39-5-121. Notice of valuation - legislative declaration.
24 (1.5) (a) No later than June 15 in each year, the assessor shall mail to
25 each person who owns taxable personal property a notice setting forth the
26 valuation of the personal property. The notice shall state the actual value
27 of such personal property in the previous year, the actual value in the
28 current year, and the amount of any adjustment in actual value. The
29 notice shall not state the valuation for assessment of the personal
30 property. The notice shall also set forth the ratio of valuation for
31 assessment to be applied to said actual value prior to the calculation of
32 property taxes for the current year. With the approval of the board of
33 county commissioners, the assessor may include in the notice an estimate
34 of the taxes that shall be owed for the current property tax year. If such
35 an estimate is included, the notice shall clearly state that the tax amount
36 is merely an estimate based upon the best available information. The
37 notice shall state, in bold-faced type, that the taxpayer has the right to
38 protest any adjustment in valuation but not the estimate of taxes if such
39 an estimate is included in the notice, and the dates and places at which the
40 assessor will hear protests. The notice shall also set forth the following:
41 To preserve the taxpayer's right to protest, the taxpayer must notify the
42 assessor either by mail or in person of the taxpayer's objection and
43 protest; that if notice is made by mail, the notice must be postmarked OR
44 PHYSICALLY DELIVERED no later than June 30; and that, if notice is made
45 in person, the notice must be made no later than July 5; and that, after
46 such date, the taxpayer's right to object and protest the adjustment in
47 valuation is lost. The notice shall be mailed together with a form that, if
48 completed by the taxpayer, allows the taxpayer to explain the basis for the
49 taxpayer's valuation of the property. The form may be completed by the
50 taxpayer to initiate an appeal of the assessor's valuation. However, in
51 accordance with section 39-5-122 (2), completion of this form shall not
52 constitute the exclusive means of appealing the assessor's valuation.
53
54 SECTION 4. 39-5-122 (1) and (2), Colorado Revised Statutes,
55 are amended to read:
56
1 39-5-122. Taxpayer's remedies to correct errors. (1) On or
2 before May 1 of each year, the assessor shall give public notice in at least
3 one issue of a newspaper published in his or her county that, beginning
4 on the first working day after notices of adjusted valuation are mailed to
5 taxpayers, the assessor will sit to hear all objections and protests
6 concerning valuations of taxable real property determined by the assessor
7 for the current year; that, for a taxpayer's objection and protest to be
8 heard, notice must be given to the assessor; and that such notice must be
9 postmarked, delivered, or given in person by June 1. The notice shall also
10 state that objections and protests concerning valuations of taxable
11 personal property determined by the assessor for the current year will be
12 heard commencing June 15; that, for a taxpayer's objection and protest to
13 be heard, notice must be given to the assessor; and that such notice if
14 given by mail, must be POSTMARKED OR PHYSICALLY DELIVERED by June
15 30. or, if given in person must be by July 5. If there is no such
16 newspaper, then such notice shall be conspicuously posted in the offices
17 of the assessor, the treasurer, and the county clerk and recorder, and in at
18 least two other public places in the county seat. The assessor shall send
19 news releases containing such notice to radio stations, television stations,
20 and newspapers of general circulation in the county.
21
22 (2) If any person is of the opinion that his or her property has been
23 valued too high, has been twice valued, or is exempt by law from taxation
24 or that property has been erroneously assessed to such person, he or she
25 may appear before the assessor and object, complete the form mailed with
26 his or her notice of valuation pursuant to section 39-5-121 (1) or (1.5), or
27 file a written letter of objection and protest by mail with the assessor's
28 office before the last day specified in the notice, stating in general terms
29 the reason for the objection and protest. Reasons for the objection and
30 protest may include, but shall not be limited to, the installation and
31 operation of surface equipment relating to oil and gas wells on
32 agricultural land. Any change or adjustment of any ratio of valuation for
33 assessment for residential real property pursuant to the provisions of
34 section 39-1-104.2 shall not constitute grounds for an objection. If the
35 form initiating an appeal or the written letter of objection and protest is
36 filed by mail, it shall be presumed that it was received as of the day it was
37 postmarked. If the form initiating an appeal or the written letter of
38 objection and protest is hand-delivered, the date it was received by the
39 assessor shall be stamped on the form or letter. As stated in the public
40 notice given by the assessor pursuant to subsection (1) of this section, the
41 taxpayer's notification to the assessor of his or her objection and protest
42 to the adjustment in valuation must be delivered, postmarked, or given in
43 person by June 1 in the case of real property. In the case of personal
44 property, the notice must be postmarked OR PHYSICALLY DELIVERED by
45 June 30. or given in person by July 5. All such forms and letters received
46 from protesters shall be presumed to be on time unless the assessor can
47 present evidence to show otherwise. The county shall not prescribe the
48 written form of objection and protest to be used. The protester shall have
49 the opportunity on the days specified in the public notice to present his or
50 her objection in writing or protest in person and be heard, whether or not
51 there has been a change in valuation of such property from the previous
52 year and whether or not any change is the result of a determination by the
53 assessor for the current year or by the state board of equalization for the
54 previous year. If the assessor finds any valuation to be erroneous or
55 otherwise improper, the assessor shall correct the error. If the assessor
56 declines to change any valuation that the assessor has determined, the
1 assessor shall state his or her reasons in writing on the form described in
2 section 39-8-106, shall insert the information otherwise required by the
3 form, and shall mail two copies of the completed form to the person
4 presenting the objection and protest so denied on or before the last regular
5 working day of the assessor in June in the case of real property and on or
6 before July 10 in the case of personal property; except that, if a county
7 has made an election pursuant to section 39-5-122.7 (1), the assessor shall
8 mail the copies on or before the last working day of the assessor in
9 August in the case of both real and personal property.".
10
11 Renumber succeeding section accordingly.
12
13 As amended, ordered engrossed and placed on the Calendar for Third
14 Reading and Final Passage.
15

Senate Journal, April 25
After consideration on the merits, the Committee recommends that HB08-1225 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 8, line 5, strike "20" and substitute "23".


Appropriations

Senate Journal, April 29
HB08-1225 by Representative(s) Rice and Buescher, Primavera; also Senator(s) Williams and Ward--
Concerning an increase in the property tax exemption for business personal property, and
making an appropriation in connection therewith.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, April 25, page 1161 and placed in members' bill files.)

Amendment No. 2(L.006), by Senator Williams

Amend reengrossed bill, page 2, line 15, strike "2008;" and substitute
"2009;";

line 16, strike "YEAR" and substitute "YEARS";

line 17, strike "2008;" and substitute "2009, AND JANUARY 1, 2010;";

line 19, strike "2009," and substitute "2011," and strike "2010;" and
substitute "2012;";

line 21, strike "2011," and substitute "2013," and strike "2012." and
substitute "2014.";

line 23, strike "2013," and substitute "2015,".

Page 3, line 2, strike "2012," and substitute "2014,".

Page 7, strike lines 23 through 27.

Page 8, strike lines 1 through 8.

Renumber succeeding section accordingly.

Page 1, strike lines 102 and 103 and substitute the following:

"BUSINESS PERSONAL PROPERTY.".


As amended, ordered revised and placed on the calendar for Third Reading and Final
Passage.