HB 24B-1001

Abstract

Property tax revenue limit. Senate Bill 24-233, concerning property tax, created a limit on the annual growth of specified property tax revenue (property tax limit) for certain local governments excluding school districts. Sections 3 through 7 of the act modify that property tax limit and create a new property tax limit for school districts. Specifically, the act: Modifies the property tax limit for local governments excluding school districts so that this limit is no longer 5.5% but is instead equal to the greatest amount of qualified property tax revenue collected by a local government in a previous property tax year increased by 5.25% multiplied by the number of property tax years in a reassessment cycle; Establishes a new property tax limit for school districts that is equal to the greatest amount of local share of statewide total program property tax revenue collected by a school district in a previous property tax year increased by the greater of 6% multiplied by the number of property tax years in a reassessment cycle or the sum of the percentage by which the general assembly annually increases the statewide base per pupil funding for public education from kindergarten through twelfth grade and the percentage increase in pupil enrollment for both the relevant property tax year and the other property tax year in the same reassessment cycle; Annually establishes the valuation for assessment (valuation) for residential property as necessary to ensure that school districts do not exceed the property tax limit for school districts and to compensate for inaccurate adjustments to valuation in the immediately preceding property tax year; Allows waiver of the property tax limit for all school districts, but requires statewide voter approval for such waiver and does not allow individual school districts to locally waive their individual property tax limits; Increases both the property tax limit for local governments excluding school districts and the property tax limit for school districts by the difference between the amount of relevant property tax revenue retained by the local government or school district and the amount of relevant property tax revenue that the local government or school district could have retained as a result of the property tax limit; and Requires certain language to be included in any ballot question that seeks to waive either property tax limit created in these sections. Nonresidential and personal property valuation reductions. Sections 8 and 9 lower the valuation for most nonresidential and personal property as follows: For the property tax year commencing on January 1, 2024, the valuation for lodging property is 27.9% of the actual value of the property minus the lesser of thirty thousand dollars or the amount that reduces the valuation for assessment to $1,000; For the property tax year commencing on January 1, 2025, the valuation for most nonresidential and personal property is 27% of the actual value of the property; For the property tax year commencing on January 1, 2026, the valuation for commercial property and agricultural property is 25% of the actual value of the property and the valuation for most other nonresidential and personal property is 26%; and For property tax years commencing on or after January 1, 2027, the valuation for most nonresidential and personal property is 25% of the actual value of the property. Residential real property valuation reductions. The act also lowers the valuation for residential real property. The amount of the reduction is based on the increase in statewide actual value between the property tax year that commences on January 1, 2024, and the property tax year that commences on January 1, 2025. If the increase in actual value is greater than 5%, sections 10 and 11 reduce the valuation for residential real property as follows: For property tax years commencing on or after January 1, 2025, for the purpose of a levy imposed by a school district, the valuation for residential real property is 6.95% of the actual value of the property; For the property tax year commencing on January 1, 2025, for the purpose of a levy imposed by a local government that is not a school district, the valuation for residential real property is 6.15%; and For property tax years commencing on or after January 1, 2026, for the purpose of a levy imposed by a local government that is not a school district, the valuation for residential real property is 6.7% of the amount equal to the actual value of the property minus the lesser of 10% of the actual value of the property, $70,000 as adjusted for inflation in the first year of each subsequent reassessment cycle, or the amount that causes the valuation for assessment of the property to be $1,000. If the increase in statewide actual value is less than or equal to 5%, sections 10 and 11 reduce the valuation for residential real property as follows: For property tax years commencing on or after January 1, 2025, for the purpose of a levy imposed by a school district, the valuation for residential real property is 7.05% of the actual value of the property; For the property tax year commencing on January 1, 2025, for the purpose of a levy imposed by a local government that is not a school district, the valuation for residential real property is 6.25%; and For property tax years commencing on or after January 1, 2026, for the purpose of a levy imposed by a local government that is not a school district, the valuation for residential real property is 6.8% of the amount equal to the actual value of the property minus the lesser of 10% of the actual value of the property, $70,000 as adjusted for inflation in the first year of each subsequent reassessment cycle, or the amount that causes the valuation for assessment of the property to be $1,000. Section 11 also adjusts the valuations for qualified-senior primary residence real property to mirror the adjustments to the valuations for residential real property made in sections 10 and 11. Property tax commission. Section 1 requires the commission on property tax to evaluate the equity of valuation for assessment established in both the act and Senate Bill 24-233 and to prepare a report on this evaluation no later than May 1, 2025. Definitions of assessed value and valuation for assessment. Section 2 creates definitions of "assessed value" and "valuation for assessment" that apply throughout statute to prevent any confusion arising from having 2 different assessment rates. Conforming amendments. Sections 12 and 13 make conforming amendments. Abstract of assessment. Section 14 requires a county assessor to file additional information along with the abstract of assessment that they filed on August 25, 2025, so that the property tax administrator may determine the amount of statewide actual value growth between the property tax year that commences on January 1, 2024, and the property tax year that commences on January 1, 2025. Local government backfill. Senate Bill 24-233 establishes a process for the state to reimburse local governments for lost property tax revenue for the property tax year commencing on January 1, 2024. Section 15 extends this process from Senate Bill 24-233 to cover the property tax year commencing on January 1, 2025, but only to cover decreases in assessed value attributable to the act. Notice of valuation and tax bill. Sections 16 and 17 remove references to assessed value and ratio of valuation for assessment from taxpayers' notice of valuation and tax bills to prevent confusion from having 2 different assessed values on a tax bill. Effective date. Senate Bill 24-233 becomes law only if neither of the following initiatives (property tax initiatives) are approved by the people at the general election held on November 5, 2024: An initiative that reduces valuations for assessment; or An initiative that requires voter approval for retaining property tax revenue that exceeds a limit. Section 18 modifies the effective date of Senate Bill 24-233 so that Senate Bill 24-233 takes effect either: On October 1, 2024, if both property tax initiatives are withdrawn from the ballot; or On the date of the official declaration of the vote, if one or both of the property tax initiatives appears on the ballot and no property tax initiative is approved by the people. Sections 19 and 20 establish the effective date of the act so that the majority of the act only takes effect if Senate Bill 24-233 becomes law. APPROVED by Governor September 4, 2024 PORTIONS EFFECTIVE September 4, 2024 PORTIONS EFFECTIVE October 1, 2024, or upon the date of the official declaration by the governor(Note: This summary applies to this bill as enacted.)