NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 09-1265
      
      
      BY REPRESENTATIVE(S) Liston, Kerr J., Looper, Massey, Murray,
      Priola, Tipton, Gerou;
      also SENATOR(S) King K.
      
      
      Concerning a two-year limitation on abatement interest awarded
           to a nonprofit entity that has not qualified for tax
           exemption due to an error made by the nonprofit entity.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  39-10-114 (1), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           39-10-114.  Abatement - cancellation of taxes. 
      (1) (c)  Notwithstanding any other provision of this section, if a
      county, board of assessment appeals, court of competent
      jurisdiction, or the property tax administrator determines that a
      property is exempt from taxation under sections 39-3-106 to
      39-3-113 or section 39-3-116, and if the county, board, court, or
      administrator finds competent evidence that said property became
      or remained subject to taxation for a period as a result of an
      error or omission made by the taxpayer, then the county, the
      board of assessment appeals, court of competent jurisdiction, or
      the property tax administrator may award refund interest or any
      other type of interest for not greater than two property tax
      years.  Any interest awarded pursuant to this paragraph (c) shall
      be at the same rate as provided in section 39-10-104.5.
      
           SECTION 2.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly that is
      allowed for submitting a referendum petition pursuant to article V, section
      1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on
      May 6, 2009); except that, if a referendum petition is filed against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                    Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO