First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0534.01 Ed DeCecco x4216 HOUSE BILL 13-1189 HOUSE SPONSORSHIP Wright, Holbert, Everett, Nordberg, Szabo, Navarro, Scott, Waller, Priola, Sonnenberg, McNulty, Conti, Murray, Swalm, Gardner, Saine, Joshi, Landgraf, Lawrence, Wilson SENATE SPONSORSHIP Lambert, Marble House Committees Senate Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT Concerning a property tax exemption for business personal property that is purchased during the 2014 calendar year. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill exempts business personal property that is purchased during the 2014 calendar year from the levy and collection of property tax. For state-assessed public utilities, property must also be placed into service in the state in order to be exempt. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly hereby declares that the intended purpose of the tax exemption in this act is to stimulate the economy by providing an incentive for businesses to purchase new business personal property. SECTION 2. In Colorado Revised Statutes, amend 39-3-118.5 as follows: 39-3-118.5. Business personal property - exemption. (1) For property tax years commencing on and after January 1, 1996, business personal property shall be is exempt from the levy and collection of property tax until such business personal property is first used in the business after acquisition. (2) Business personal property that is purchased during the 2014 calendar year is exempt from the levy and collection of property tax for as long as the property is used by the taxpayer who purchased the property. This exemption does not apply to business personal property that is sold and repurchased or leased back by the same taxpayer or to property transferred as part of a merger or acquisition. SECTION 3. In Colorado Revised Statutes, 39-4-102, add (3) (e) as follows: 39-4-102. Valuation of public utilities. (3) (e) Business personal property owned by a public utility that meets the requirements of section 39-3-118.5 (2) and that is placed into service in Colorado is exempt from the levy and collection of property tax. The value of the exempt property is removed from the system market value and is determined by applying the market-to-book ratio to the net of the historical cost less depreciation of the business personal property. SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.