Wednesday, May 11th, 2022 -- Final Day of this Legislative Session!
HB22-1287 was concurred and repassed by the Colorado Legislature. To learn more, explore these helpful resources gathered by Legislative Action Committee Volunteer Lobbyist, Kathy Smith:
Somewhere, a place for us...
by Chaer Robert, Colorado Center on Law and Policy (4/26/22)
Issue Brief: Colorado is losing low-cost rental housing
by Charles Brennan, Colorado Center on Law and Policy (4/18/22)
Colorado Politics: Rights for mobile home residents pass legislature after more weakening amendments
by Hannah Metzger (5/6/22)
Colorado Politics: Rights for mobile home residents advance without rent stabilization after 'threats' from Polis
by Hannah Metzger (4/25 updated 5/2/22)
Denver Post: Opinion: Step up for our mobile home park residents before it's too late
by Alex Sánchez, Voces Unidas de las Montañas (3/23/22)
CPR News: A plan to slow rent increases at Colorado mobile home parks lands at the Capitol
by Andrew Kenney (3/15/22)
Colorado mobile home owners, residents may soon get help, but...
By Elaine Tassy (5/11/22)
Policy Implementation & the Rulemaking Process
Andrea Wilkins, LWVCO Legislative Liaison
May 11, 2022
With the 2022 legislative session drawing to a close, the LWVCO Legislative Action Committee (LAC) will begin shifting our focus to implementation of new policy passed by the General Assembly and monitoring activity over the interim as emerging policy topics are discussed and new legislation is contemplated.
A key aspect of policy implementation is the rulemaking process that occurs within the state agencies and departments responsible for execution, management, and oversight of new programs. Legislation establishing new programs often does not include sufficient detail as to how a program will be administered, which is why the relevant department or agency must then develop specific parameters and rules to govern and operationalize the program. Public input is needed to help inform the development of the rules, to help illustrate how a program will likely impact those it is intended to serve, and to help ensure that the intent of the legislation that created it is met. Members of the public can participate in rulemaking hearings and provide comments on proposed rule changes. Input from individuals and organizations is an opportunity to share unique, personal information that can help policymakers develop sound programs and avoid unintended consequences.
The Colorado Administrative Procedures Act governs the rulemaking process and applies to all state departments, agencies, and boards authorized to make rules. An agency is required to submit notice of rulemaking to the Colorado Secretary of State for publication of notice in the Colorado Register, which is the official publication of Colorado’s administrative rules. Notice will include information pertaining to the rulemaking hearing and the proposed rule or description of issues to be addressed during the hearing. No hearing can take place less than 20 days following publication of notice and the agency must make available the proposed rule at least 5 days before the rulemaking hearing.
Agencies are required to allow the public to provide oral or written testimony during the rulemaking hearings. Members of the public can sign up to receive agency-specific notifications of proposed rulemaking hearings through the Department of Regulatory Agencies website. Agencies must adopt the proposed rule, or provide notice of termination of the rulemaking process, within 180 days of the last public hearing on the rule. Additional information on Colorado’s rulemaking process can be found on the Secretary of State’s website.
Monitoring the hearings of the General Assembly’s interim committees is another way to stay informed and to influence the public policy process. A list of interim committees, along with scheduling information, can be found here. The interim committees will address a range of topics and develop recommendations for new legislation in the 2023 session.
Finally, participation in the LWVCO Task Forces is a great way to stay engaged and advocate or specific issues year-round and connect local advocacy efforts to state-level advocacy carried out through the LAC. LWVCO has established task forces on several priority issues including the climate emergency, housing, health care and reproductive rights, and news access and literacy. More information on these groups can be found on the LWVCO website or you can contact the LWVCO office at firstname.lastname@example.org or 303-863-0437.
For questions about the LWVCO Legislative Action Committee, please contact Toni Larson (email@example.com), Director of Action and Advocacy or Andrea Wilkins, LWVCO Legislative Liaison (firstname.lastname@example.org).
Overview of SB22-238: 2023 and 2024 Property Tax
Maud Naroll, Volunteer Lobbyist
League of Women Voters of Colorado (LWVCO) Legislative Action Committee
May 6th, 2022
SB22-238 will cut the growth in property tax bills for two years and blunt most of the bill’s impact on local governments.
Homeowners in much of Colorado have seen their property values rise sharply, taking with them assessed values and property tax bills. In the 2021 session, faced with the threat that Initiative #27 would permanently reduce property taxes, the legislature passed SB21-293. It reduced residential assessment rates for two years. Recall that actual value x assessment rate x mill (property tax) rate = property tax bill. Current assessment rates, per SB21-293, are 6.95% for single family residential, 6.8% for multifamily, and 29% for most non-residential.
This year initiatives were again filed to permanently reduce property tax assessment rates. For 2023, SB22-238, as introduced, reduces the assessment rates for residential and most non-residential property. It also subtracts $15,000 from each residential actual value and subtracts $30,000 from each improved commercial property actual value, but in either case to no less than $1,000. For 2024, multifamily residential, agricultural, and renewable energy property assessment rates are reduced. The non-multifamily residential assessment rate will be set so the total projected reduction in all property taxes for the two tax years, 2023 and 2024, totals $700 million.
That means $700 million less property tax revenue to schools and local governments than without the bill, though where property values are jumping sharply, revenue might still be growing under SB22-238. Legislative staff project schools will get $383 million more from the state as backfill over the two years. Most of the revenue loss will be in tax year 2023 and will be backfilled to local governments at 65% - 100%, depending on county population, growth in property values, and type of local entity. Because the bill reduces residential property bills below what they would otherwise be, it counts that reduction as up to $240 million of the projected $1.6 billion TABOR refund for fiscal year 2022-23. Legislative staff project that piece of the 2022-23 TABOR refund mechanism could cover the reimbursement to local governments; local government reimbursement would not come from what the General Fund could spend otherwise.
The two ballot initiatives to reduce property taxes have now been withdrawn. May the breather SB22-238 creates give the Governor and General Assembly time to craft and propose permanent changes to Colorado’s property tax that relieve pressure on homeowners when values spike without shortchanging schools and local governments or baking more inequities into the tax code. Perhaps they could tap the property tax expertise at the Lincoln Institute of Land Policy.
As I write this, there is less than one week left in the 2022 legislative session. Many officials have worked on this proposal, and there is general agreement to its provisions. Since time is short and we believe the proposal will pass, we have not taken an official position on the bill but are providing this summary to let everyone know that this bill is going through the legislature.
Maud Naroll, Volunteer Lobbyist
Legislative Action Committee
League of Women Voters of Colorado
1410 Grant Street, Suite B-204
Denver, CO 80203