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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0059.01 JAG SENATE BILL 98­112

STATE OF COLORADO

BY SENATOR Coffman

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING RAISING THE PRIORITY LEVEL OF LIENS FOR DEFERRED PROPERTY TAXES AND INTEREST.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Increases the priority level of liens for deferred property taxes and interest that attach on or after a specific date.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  39­3.5­105 (4) (a), Colorado Revised Statutes, is amended to read:

39­3.5­105.  Listing of tax­deferred property ­ tax as lien ­ interest accrual. (4) (a)  The A lien for deferred taxes and interest shall attach on the date of recordation of the certificate for deferral AND SHALL HAVE PRIORITY WITH RESPECT TO OTHER LIENS AS FOLLOWS:

(I)  A LIEN FOR DEFERRED TAXES AND INTEREST ATTACHING PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH (a), AS AMENDED, shall be junior to any mortgage or deed of trust recorded prior to the date of recording of such certificate, shall have priority over all liens attaching subsequent to the date of recording of such certificate, and shall not be foreclosed except as provided in sections 39­3.5­110 to 39­3.5­112.

(II)  A LIEN FOR DEFERRED TAXES AND INTEREST ATTACHING ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (a), AS AMENDED, SHALL HAVE PRIORITY OVER ALL LIENS EXCEPT LIENS ATTACHED PURSUANT TO SECTION 39­1­107 (2) AND SHALL NOT BE FORECLOSED EXCEPT AS PROVIDED IN SECTIONS 39­3.5­110 TO 39­3.5­112.

SECTION 2.  Effective date.  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day 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; 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.