Colorado SB 144: Modify Property Tax Lien Sales Treasurer Deeds & Fees

Bill Text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0603.01 Alison Killen x4350 SENATE BILL 26-144
Senate Committees House Committees
Finance
A BILL FOR AN ACT
CONCERNING THE COLLECTION OF DELINQUENT PROPERTY TAXES BY101
TAX LIEN SALE, AND, IN CONNECTION THEREWITH, MODIFYING102
THE STRUCTURE AND AUTHORITY FOR TREASURERS TO CHARGE103
CERTAIN FEES, AMENDING THE PROCESS FOR THE SALE OF TAX104
LIENS, AND RECREATING AND REENACTING WITH AMENDMENTS105
THE PROCESS FOR OBTAINING A TREASURER'S DEED AFTER106
PUBLIC AUCTION OF A PROPERTY SUBJECT TO TAX LIEN.107
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://leg.colorado.gov.)
SENATE SPONSORSHIP
Frizell and Lindstedt,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.

Section 1 of the bill modifies the fees of county treasurers by
specifying fee amounts treasurers are required or allowed to collect in
connection with the public auction and related proceedings for issuance
of a treasurer's deed described in section 50. The bill adds, commencing
on or before December 31, 2026, and every fifth year thereafter, an
upward adjustment of the maximum dollar amount of all treasurer fees.
The fees described in sections 1 and 50 apply to services performed or
transactions occurring on or after June 1, 2026.
Sections 2 through 49 make technical modifications to the
provisions governing county treasurer tax lien sales for the collection of
delinquent property taxes. The bill clarifies certain definitions and
standardizes the use of defined terms. The bill modifies certain provisions
and repeals obsolete provisions in conformity with the new process to
obtain a treasurer's deed for a property subject to a tax lien set forth in
section 50.
Section 50 recreates, with changes, the public auction process
established in 2024 that is required prior to the issuance of a treasurer's
deed to protect against an unconstitutional taking of a taxpayer's property,
or property value, in excess of their tax debt. The bill models the public
auction process on the public trustee foreclosure process. The bill creates
new definitions and modifies and expands the provisions for a public
auction, including related rights, limitations, and records. The modified
process applies to a treasurer's deed issued on or after June 1, 2026,
regardless of the date of the tax lien sale, application for treasurer's deed,
or commencement of any related proceeding.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 30-1-102, amend (1)2
introductory portion, (1)(i), (1)(l), (1)(n), (1)(r); repeal (1)(k) and (1)(t);3
and add (1)(u), (1.7), and (4) as follows:4
30-1-102. Fees of county treasurer - repeal.5
(1) EXCEPT AS PROVIDED IN SUBSECTION (1.7) OF THIS SECTION,6
the county treasurer shall charge and receive the following fees:7
(i) For each certificate of purchase delivered, four FROM A TAX8
LIEN SALE, FIVE dollars;9
(k) For processing an application for treasurer's deed, thirty-five10
dollars if the application is not advertised and seventy-five dollars if the11
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application is advertised;1
(l) For the assignment of a certificate of purchase, made to the2
county, city, town, or city and county at any tax sale, to a person desiring3
to purchase land PROPERTY covered by such certificate, four FIVE dollars;4
(n) For each certificate of redemption delivered, seven TEN5
dollars;6
(r) For preparation of a distraint warrant, fifteen dollars AND FOR7
DELIVERY OF A DISTRAINT WARRANT OR POSTING OF A PROPERTY, FIFTY8
DOLLARS, PLUS MILEAGE OR THE ACTUAL COST OF DELIVERY OR POSTING,9
WHICHEVER IS GREATER;10
(t) For the notice, computation, and recording provided in section11
32-1-1604, C.R.S., thirty dollars.12
(u) FOR EACH COPY OF A RECEIPT ISSUED FOR A PRIOR TAX YEAR,13
NO MORE THAN FIVE DOLLARS.14
(1.7) (a) THE COUNTY TREASURER MAY CHARGE AND RECEIVE THE15
FOLLOWING FEES IN ADMINISTERING ARTICLE 11.5 OF TITLE 39:16
(I) FOR PROCESSING AN APPLICATION FOR A TREASURER'S DEED,17
THREE HUNDRED DOLLARS;18
(II) FOR PROCESSING AN ASSIGNMENT OF A CERTIFICATE OF19
PURCHASE, NO MORE THAN TWENTY-FIVE DOLLARS;20
(III) FOR ACCEPTING AND FILING AN INTENT TO REPURCHASE FROM21
A LAWFUL HOLDER IN A PUBLIC AUCTION, ONE HUNDRED DOLLARS;22
(IV) FOR PROCESSING A NOTICE OF INTENT TO REDEEM, NO MORE23
THAN TWENTY-FIVE DOLLARS;24
(V) FOR PROCESSING AND ISSUING A CERTIFICATE OF REDEMPTION,25
THIRTY DOLLARS;26
(VI) FOR THE ISSUANCE OF A TREASURER'S DEED, SIXTY DOLLARS;27
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