Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0548.01 Megan McCall x4215
HOUSE BILL 22-1083
House Committees Senate Committees
Finance
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE COLORADO HOMELESS101
CONTRIBUTION INCOME TAX CREDIT .102
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
.)
The bill repeals an existing income tax credit available to
taxpayers who make contributions to enterprise zone administrators to
promote temporary, emergency, or transitional housing programs for
people experiencing homelessness and replaces that income tax credit
with one that is available in the entire state. Instead of having the
enterprise zone administrators and the office of economic development
HOUSE SPONSORSHIP
Tipper and Rich,
SENATE SPONSORSHIP
Winter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. manage the credit, the bill places that responsibility on the division of
housing in the department of local affairs.
The bill also expands the scope so that a taxpayer may claim the
tax credit when permissible contributions are made not only to an
approved project, but also to approved nonprofit organizations providing
certain qualifying activities.
The amount of the income tax credit remains the same for each
contribution; except that, for contributions made in an underserved, rural
county, the amount is 30% rather than 25%, and the new credit is capped
at $750,000 in contributions for the nonprofit organization, and if the
nonprofit organization also administers one or more approved projects,
the new credit is capped at an additional $750,000 per project. The new
credit's availability is limited to 8 years, and, in the same manner as the
enterprise zone tax credit that is being repealed, any credit in excess of a
taxpayer's liability for the income tax year for which the credit is claimed
may be carried forward for up to 5 years.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 39-22-543 as2
follows:3
39-22-543. Colorado homeless contribution tax credit -4
legislative declaration - definitions - repeal. (1) (a) I
N ACCORDANCE5
WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES6
A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE7
STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION , THE8
GENERAL ASSEMBLY FINDS AND DECLARES THAT THE GENERAL9
LEGISLATIVE PURPOSE OF THIS TAX EXPENDITURE IS TO INDUCE CERTAIN10
DESIGNATED BEHAVIOR BY TAXPAYERS . SPECIFICALLY, THIS TAX11
EXPENDITURE IS INTENDED TO ENCOURAGE TAXPAYERS TO MAKE12
CONTRIBUTIONS TO APPROVED NONPROFIT ORGANIZATIONS PROVIDING13
CERTAIN QUALIFYING ACTIVITIES TO LEVERAGE FINANCIAL14
CONTRIBUTIONS FROM COLORADO RESIDENTS AND BUSINESSES TO15
SUPPORT PROVIDING APPROPRIATE HOUSING AND SERVICES TO ASSIST16
HB22-1083-2- INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS . THE TAX1
EXPENDITURE WILL CATALYZE AND STRENGTHEN STATEWIDE EFFORTS TO2
ADDRESS THE EFFECTS OF HOMELESSNESS THR OUGH PRIVATE INVESTMENT3
AND CIVIC ENGAGEMENT IN COLORADO-BASED SERVICE PROVIDERS FOR4
INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS .5
(b) T
HE ANNUAL REVIEW PRESENTED BY THE DIVISION AS SET6
FORTH IN SUBSECTION (6) OF THIS SECTION WILL ALLOW THE GENERAL7
ASSEMBLY AND THE STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF8
THE TAX EXPENDITURE.9
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
REQUIRES:11
(a) "A
PPROVED NONPROFIT ORGANIZATION " MEANS A NONPROFIT12
ORGANIZATION THAT PROVIDES A QUALIFYING ACTIVITY AND THAT HAS13
BEEN MONITORED, EVALUATED, REVIEWED, AND APPROVED BY THE14
DIVISION AS SPECIFIED IN SUBSECTION (5) OF THIS SECTION.15
(b) "A
PPROVED PROJECT" MEANS A PROJECT ADMINISTERED BY AN16
APPROVED NONPROFIT ORGANIZATION THAT HAS BEEN EVALUATED ,17
REVIEWED, AND APPROVED BY THE DIVISION AS SPECIFIED IN SUBSECTION18
(5)
OF THIS SECTION, AND THAT IMPLEMENTS ONE OR MORE QUALIFYING19
ACTIVITIES.20
(c) "C
APITAL CAMPAIGN" MEANS A CAMPAIGN THAT ENCOURAGES21
PUBLIC AND PRIVATE PARTNERSHIPS AND IS FOCUSED ON RAISING FUNDS22
FOR A SPECIFIC CAPITAL PROJECT. THE CAPITAL PROJECT MUST INVOLVE23
CONSTRUCTION AND IMPLEMENTATION THAT COMMENCES WITHIN THREE24
YEARS OF THE PROJECT BEING APPROVED BY THE DIVISION . A "CAPITAL25
CAMPAIGN" MUST INCLUDE A CAMPAIGN FOR ONE OR MORE OF THE26
FOLLOWING:27
HB22-1083
-3- (I) SUPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES1
EXPERIENCING HOMELESSNESS ;2
(II) C
OMMUNITY OVERNIGHT SHELTERS , COMMUNITY DAY3
SHELTERS, OR EMERGENCY SHELTERS;4
(III) F
ACILITIES, INCLUDING THE ACQUISITION OR REHABILITATION5
OF FACILITIES, USED TO PROVIDE HOUSING OR SERVICES TO INDIVIDUALS6
OR FAMILIES EXPERIENCING HOMELESSNESS , INCLUDING FACILITIES THAT7
ARE NECESSARY TO PERFORM QUALIFYING SERVICES ; OR8
(IV) F
ACILITIES NEEDED TO PROVIDE ADMINISTRATIVE SUPPORT9
FOR APPROVED PROJECTS.10
(d) "D
IVISION OF HOUSING" OR "DIVISION" MEANS THE DIVISION OF11
HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION12
24-32-704.13
(e) "I
N-KIND CONTRIBUTION" MEANS A CONTRIBUTION THAT IS NOT14
A MONETARY CONTRIBUTION AND IS VALUED OVER FIVE THOUSAND15
DOLLARS PURSUANT TO AN INDEPENDENT THIRD -PARTY VALUATION,16
INCLUDING A CONTRIBUTION OF PROPERTY , SERVICES, STOCKS, BONDS, OR17
OTHER INTANGIBLE PROPERTY.18
(f) "M
ONETARY CONTRIBUTION " MEANS A CONTRIBUTION IN19
U
NITED STATES CURRENCY IN ANY FORM , INCLUDING CASH, PAYMENT20
MADE BY CHECK, ELECTRONIC FUNDS TRANSFER, DEBIT CARD, OR CREDIT21
CARD.22
(g) "N
ONPROFIT ORGANIZATION" MEANS ANY ORGANIZATION IN23
GOOD STANDING WITH THE SECRETARY OF STATE THAT IS EXEMPT FROM24
TAXATION PURSUANT TO SECTION 501 (a) OF THE FEDERAL "INTERNAL25
R
EVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (a), AS AMENDED, AND26
LISTED AS AN EXEMPT ORGANIZATION IN SECTION 501 (c) OF THE FEDERAL27
HB22-1083
-4- "INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (c), AS1
AMENDED.2
(h) "O
PERATIONAL SERVICE" MEANS A SERVICE THAT SUPPORTS:3
(I) O
UTREACH EFFORTS TO ENGAGE OR PROVIDE SERVICES TO4
UNSHELTERED INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;5
(II) S
AFE EMERGENCY, TEMPORARY, OR TRANSITIONAL SHELTERS,6
SUCH AS DAY SHELTERS, THAT MAY INCLUDE SUPPORTIVE SERVICES TO7
INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;8
(III) P
REVENTION SERVICES THAT TARGET INDIVIDUALS OR9
FAMILIES FACING IMMINENT RISK OF HOMELESSNESS AS DEFINED BY THE10
DEPARTMENT OF LOCAL AFFAIRS ;11
(IV) S
UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES12
EXPERIENCING HOMELESSNESS OR WHO WOULD OTHERWISE BE HOMELESS ;13
(V) S
ERVICES DESIGNED TO ASSIST INDIVIDUALS OR FAMILIES14
EXPERIENCING HOMELESSNESS TO OBTAIN AN EMPLOYMENT OUTCOME ,15
INCLUDING JOB PLACEMENT SERVICES , SERVICES THAT HELP INDIVIDUALS16
BECOME WORKFORCE READY ;17
(VI) C
ASE MANAGEMENT, INCLUDING ESTABLISHING CLIENT GOALS18
FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS AND19
COORDINATION OF REFERRALS TO ADDRESS HEALTH OR MENTAL HEALTH20
BENEFIT PROCUREMENT AND PROCUREMENT OF OTHER ESSENTIAL21
SERVICES FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;22
(VII) S
HELTERS AND SERVICES FOR SURVIVORS OF DOMESTIC23
VIOLENCE WHO ARE FLEEING AN ABUSIVE HOUSEHOLD ; OR24
(VIII) T
HE IMPLEMENTATION AND OPERATION OF SUCCESSOR25
PROJECTS OR OTHER SERVICES FOR INDIVIDUALS OR FAMILIES26
EXPERIENCING HOMELESSNESS THAT ARE IDENTIFIED BY THE DIVISION AS27
HB22-1083
-5- EMERGING, PROMISING, AND PROVIDING BEST PRACTICES.1
(i) "Q
UALIFYING ACTIVITY" MEANS A CAPITAL CAMPAIGN OR AN2
OPERATIONAL SERVICE.3
(j) "T
AXPAYER" MEANS A RESIDENT INDIVIDUAL OR A DOMESTIC4
OR FOREIGN CORPORATION SUBJECT TO PART 3 OF THIS ARTICLE 22, A5
PARTNERSHIP, S CORPORATION, OR OTHER SIMILAR PASS -THROUGH6
ENTITY, ESTATE, OR TRUST THAT MAKES A CONTRIBUTION AS AN ENTITY ,7
AND A PARTNER, MEMBER, AND SUBCHAPTER S SHAREHOLDER OF SUCH A8
PASS-THROUGH ENTITY.9
(3) (a) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER10
J
ANUARY 1, 2023, BUT BEFORE JANUARY 1, 2031, EXCEPT AS PROVIDED IN11
SUBSECTION (3)(b) OF THIS SECTION, ANY TAXPAYER WHO MAKES A12
MONETARY OR IN-KIND CONTRIBUTION TO AN APPROVED NONPROFIT13
ORGANIZATION, OR TO AN APPROVED PROJECT ADMINISTERED BY AN14
APPROVED NONPROFIT ORGANIZATION , IS ALLOWED A CREDIT EQUAL TO15
TWENTY-FIVE PERCENT OF THE TOTAL VALUE OF THE CONTRIBUTION ,16
SUBJECT TO THE LIMITATIONS SPECIFIED IN SUBSECTION (3)(d) OF THIS17
SECTION.18
(b) I
F A TAXPAYER MAKES A MONETARY OR IN -KIND19
CONTRIBUTION TO AN APPROVED NONPROFIT ORGANIZATION , OR TO AN20
APPROVED PROJECT ADMINISTERED BY AN APPROVED NONPROFIT21
ORGANIZATION, IN AN UNDERSERVED, RURAL COUNTY, AS DEFINED BY THE22
DIVISION IN ITS GUIDELINES FOR THE PROGRAM, THEN THE TAXPAYER IS23
ALLOWED A CREDIT EQUAL TO THIRTY PERCENT OF THE TOTAL VALUE OF24
THE CONTRIBUTION, SUBJECT TO THE LIMITATIONS IN SUBSECTION (3)(d)25
OF THIS SECTION.26
(c) T
HE APPROVED NONPROFIT ORGANIZATION THAT RECEIVES THE27
HB22-1083
-6- ALLOWABLE CONTRIBUTION SHALL ISSUE A TAX CREDIT CERTIFICATE TO1
EACH TAXPAYER THAT MAKES AN ALLOWABLE CONTRIBUTION PURSUANT2
TO SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION; EXCEPT THAT THE3
APPROVED NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT4
CERTIFICATES THAT TOTAL MORE THAN SEVEN HUNDRED FIFTY T HOUSAND5
DOLLARS PER INCOME TAX YEAR , AND IF THE APPROVED NONPROFIT6
ORGANIZATION ADMINISTERS ONE OR MORE APPROVED PROJECTS , IN7
ADDITION TO PROVIDING A QUALIFYING SERVICE , THEN THE APPROVED8
NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT CERTIFICATES9
FOR ALLOWABLE CONTRIBUTIONS TO AN APPROVED PROJECT THAT TOTAL10
MORE THAN SEVEN HUNDRED FIFTY THOUSAND DOLLARS PER APPROVED11
PROJECT PER INCOME TAX YEAR . THE TAX CREDIT CERTIFICATE MUST12
STATE THE AMOUNT OF THE ALLOWABLE CONTRIBUTION , THE TAXPAYER'S13
NAME, THE TAXPAYER 'S SOCIAL SECURITY NUMBER OR FEDERAL14
EMPLOYER IDENTIFICATION NUMBER , THE TYPE OF THE CONTRIBUTION,15
THE DATE THE TAXPAYER MADE THE CONTRIBUTION , THE AMOUNT OF THE16
TAX CREDIT THAT IS AUTHORIZED FOR THAT TAXPAYER , AND ANY OTHER17
INFORMATION THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF18
REVENUE MAY REQUIRE. TAX CREDIT CERTIFICATES SHALL BE ISSUED IN19
THE ORDER OF RECEIVED ALLOWABLE CONTRIBUTIONS .20
(d) (I) (A) T
HE CREDIT ALLOWED IN SUBSECTIONS (3)(a) AND21
(3)(b)
OF THIS SECTION IS REDUCED BY THE AMOUNT BY WHICH THE22
CREDIT EXCEEDS ONE HUNDRED THOUSAND DOLLARS PER TAXPAYER PER23
TAX YEAR AND IS REDUCED BY THE AMOUNT BY WHICH THE CREDIT FOR24
IN-KIND CONTRIBUTIONS EXCEEDS FIFTY PERCENT OF THE TOTAL CREDIT25
CALCULATED PURSUANT TO THIS SUBSECTION (3)(d).26
(B) F
OR A CONTRIBUTION MADE PURSUANT TO SUBSECTIONS (3)(a)27
HB22-1083
-7- AND (3)(b) OF THIS SECTION THAT IS MADE IN A CASH PAYMENT , THE1
CONTRIBUTION MUST BE EQUAL TO OR GREATER THAN ONE HUNDRED2
DOLLARS.3
(C) I
N THE CASE OF A PARTNERSHIP, S CORPORATION, OR OTHER4
SIMILAR PASS-THROUGH ENTITY, THE LIMITATIONS IN THIS SUBSECTION5
(3)(d)
APPLY AT THE ENTITY LEVEL.6
(II) I
N NO EVENT IS A CREDIT ALLOWED PURSUANT TO THIS7
SECTION FOR CONTRIBUTIONS THAT DIRECTLY BENEFIT THE TAXPAYER . IF8
A TAXPAYER RECEIVES A BENEFIT FOR THE CONTRIBUTION , THE VALUE OF9
THE CONTRIBUTION IS REDUCED BY THE VALUE OF THE BENEFIT RECEIVED10
BY THE TAXPAYER TO ARRIVE AT THE CONTRIBUTION THAT MAY BE11
CERTIFIED FOR THE INCOME TAX CREDIT ALLOWED IN THIS SECTION .12
(III) I
F THE AMOUNT OF THE ALLOWED CREDIT EXCEEDS THE13
AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME OF THE14
TAXPAYER IN THE INCOME TAX YEAR FOR WHICH THE CREDIT IS BEING15
CLAIMED, THE AMOUNT OF THE CREDIT NOT USED AS AN OFFSET AGAINST16
INCOME TAXES IN THAT INCOME TAX YEAR MAY BE CARRIED FORWARD AS17
A CREDIT AGAINST SUBSEQUENT YEARS ' INCOME TAX LIABILITY FOR A18
PERIOD NOT EXCEEDING FIVE YEARS AND MUST BE APPLIED FIRST TO THE19
EARLIEST INCOME TAX YEARS POSSIBLE . ANY CREDIT REMAINING AFTER20
THE PERIOD MAY NOT BE REFUNDED OR CREDITED TO THE TAXPAYER .21
(4) O
N OR BEFORE NOVEMBER 1, 2022, AND ON OR BEFORE22
N
OVEMBER 1 OF EACH YEAR THEREAFTER, THE DIVISION SHALL DEVELOP23
AND POST ON THE DIVISION'S WEBSITE A LIST, INCLUDING A DESCRIPTION,24
OF ALL APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED25
PROJECTS ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO26
WHICH TAXPAYERS MAY CONTRIBUTE DURING THE NEXT CALENDAR YEAR27
HB22-1083
-8- FOR THE PURPOSE OF RECEIVING A TAX CREDIT PURSUANT TO THIS1
SECTION. ANY MODIFICATIONS TO THE LIST , INCLUDING NONPROFIT2
ORGANIZATIONS OR PROPOSED PROJECTS OF AN APPROVED NONPROFIT3
ORGANIZATION THAT ARE LATER APPROVED , MUST BE POSTED ON THE4
DIVISION'S WEBSITE NO LATER THAN SIXTY DAYS AFTER THE MODIFICATION5
IS MADE. THE DIVISION SHALL REVIEW A PROPOSED NONPROFIT6
ORGANIZATION AND ANY PROPOSED PROJECT OF AN APPROVED NONPROFIT7
ORGANIZATION FOR ELIGIBILITY AND APPROVAL AS DESCRIBED IN8
SUBSECTION (5) OF THIS SECTION.9
(5) (a) (I) A
NONPROFIT ORGANIZATION SHALL APPLY TO THE10
DIVISION FOR APPROVAL TO RECEIVE ALLOWABLE CONTRIBUTIONS UNDER11
THIS SECTION, INCLUDING APPROVAL OF A PROPOSED PROJECT . THE12
APPLICATION MUST:13
(A) S
ET FORTH THE QUALIFYING ACTIVITY THAT THE NONPROFIT14
ORGANIZATION PROVIDES, AND, IN ADDITION, FOR A PROPOSED PROJECT,15
THE QUALIFYING ACTIVITY THAT THE PROJECT WILL IMPLEMENT ;16
(B) P
ROVIDE A LETTER OF APPR OVAL FROM THE NONPROFIT17
ORGANIZATION'S BOARD OF DIRECTORS; AND18
(C) P
ROVIDE EVIDENCE THAT THE NONPROFIT ORGANIZATION IS IN19
GOOD STANDING WITH THE SECRETARY OF STATE .20
(II) A
N ORGANIZATION THAT HAS A PROGRAM AS SET FORTH IN21
SECTION 39-30-103.5 (3)(a) THAT HAS BEEN APPROVED BY THE COLORADO22
ECONOMIC DEVELOPMENT COMMISSION UNDER SECTION 39-30-103.5 IS23
DEEMED APPROVED FOR PURPOSES OF COMPLIANCE WITH THIS SECTION TO24
RECEIVE ELIGIBLE CONTRIBUTIONS UNLESS OTHERWISE SPECIFICALLY25
DISAPPROVED BY THE DIVISION SO LONG AS THE ORGANIZATION :26
(A) I
S A NONPROFIT;27
HB22-1083
-9- (B) PROVIDES OR HAS THE INTENT TO PROVIDE A QUALIFYING1
ACTIVITY;2
(C) C
AN PROVIDE A LETTER OF APPROVAL FROM ITS BOARD OF3
DIRECTORS;4
(D) S
UBMITS A RECENT AUDIT OR FINANCIAL REPORT TO THE5
DIVISION IN A FORM THAT IS ACCEPTABLE TO THE DIVISION; AND6
(E) N
O LATER THAN FOUR YEARS FROM THE EFFECTIVE DATE OF7
THIS SECTION, SUBMITS AN APPLICATION FOR REAPPROVAL PURSUANT TO8
SUBSECTION (5)(g) OF THIS SECTION.9
(b) T
HE DIVISION SHALL REVIEW APPLICATIONS RECEIVED10
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION IN A TIMELY MANNER11
AND IN A TIME FRAME SET FORTH IN THE DIVISION'S GUIDELINES FOR THE12
PROGRAM. THE DIVISION SHALL ISSUE A NOTICE OF APPROVAL OR13
DISAPPROVAL OF A NONPROFIT ORGANIZATION , A PROPOSED PROJECT, OR14
BOTH IN WRITING.15
(c) T
HE DIVISION IS AUTHORIZED TO HOLD HEARINGS IN ORDER TO16
REVIEW A NONPROFIT ORGANIZATION 'S REQUEST TO RECONSIDER A17
DECISION REGARDING DISAPPROVAL WITHIN THIRTY DAYS AFTER THE DATE18
OF THE DISAPPROVAL NOTICE.19
(d) O
NCE APPROVED, THE NONPROFIT ORGANIZATION SHALL20
MAINTAIN AN ACCOUNTING SYSTEM AND APPROPRIATE RECORDS TO TRACK21
CONTRIBUTIONS RECEIVED BY TAXPAYERS FOR WHICH A TAX CREDIT WAS22
ALLOWED UNDER THIS SECTION AND TO ACCURATELY ASSOCIATE THE USE23
OF THE CONTRIBUTIONS WITH QUALIFYING ACTIVITIES , AN APPROVED24
PROJECT, OR BOTH.25
(e) T
HE DIVISION SHALL SPECIFY IN PROGRAM GUIDELINES WHAT26
INFORMATION REGARDING QUALIFYING ACTIVITIES MUST BE REPORTED BY27
HB22-1083
-10- THE NONPROFIT ORGANIZATION AND CAN REQUEST FROM THE NONPROFIT1
ORGANIZATION AN AUDIT OR FINANCIAL REPORT IN A FORM THAT IS2
ACCEPTABLE TO THE DIVISION.3
(f) (I) N
O LATER THAN FEBRUARY 15, 2023, THE DIVISION SHALL4
COMPLETE A REVIEW OF EVERY ORGANIZATION AND PROJECT DEEMED5
APPROVED UNDER SUBSECTION (5)(a)(II) OF THIS SECTION, AND NO LATER6
THAN FEBRUARY 15, 2024, AND FEBRUARY 15 OF EACH YEAR7
THEREAFTER, THE DIVISION SHALL COMPLETE A REVIEW OF EVERY OTHER8
APPROVED NONPROFIT ORGANIZATION AND APPROVED PROJECT TO9
EVALUATE PERFORMANCE AND COMPLIANCE WITH THE REQUIREMENTS OF10
THIS SECTION. THE DIVISION MUST REVIEW THE QUALIFYING ACTIVITIES11
BEING PROVIDED AND DETERMINE HOW THE ACTIVITIES ARE ADDRESSING12
CURRENT AND EMERGING NEEDS OF INDIVIDUALS AND FAMILIES13
EXPERIENCING HOMELESSNESS IN EACH APPROVED NONPROFIT14
ORGANIZATION'S COMMUNITY, OR, IF APPLICABLE, EACH APPROVED15
PROJECT'S COMMUNITY.16
(II) T
HE DIVISION HAS THE AUTHORITY TO MONITOR AND AUDIT17
APPROVED NONPROFIT OR GANIZATIONS AND THEIR PERFORMANCE AND18
MAY DISAPPROVE AN APPROVED NONPROFIT ORGANIZATION OR AN19
APPROVED PROJECT OF AN APPROVED NONPROFIT ORGANIZATION IF THE20
APPROVED NONPROFIT ORGANIZATION IS NOT MEETING EXPECTATIONS OR21
IF THE APPROVED NONPROFIT ORGANIZATION IS OTHERWISE NOT IN22
COMPLIANCE WITH OBJECTIVES OUTLINED IN THIS SECTION OR PROGRAM23
GUIDELINES, OR, IF APPLICABLE, IN THE PROJECT PROPOSAL. THE DIVISION24
SHALL IMMEDIATELY NOTIFY THE DEPARTMENT OF REVENUE IF AN25
APPROVED NONPROFIT ORGANIZATION OR AN APPROVED PROJECT OF AN26
APPROVED NONPROFIT ORGANIZATION IS DISAPPROVED AS A RESULT OF A27
HB22-1083
-11- REVIEW OR AUDIT IN ORDER TO ENSURE THAT CONTRIBUTIONS MADE BY1
TAXPAYERS ON OR AFTER THE DATE OF DISAPPROVAL ARE NO L ONGER2
ELIGIBLE FOR THE TAX CREDIT ALLOWED IN THIS SECTION .3
(g) A
N APPROVED NONPROFIT ORGANIZATION SHALL APPLY FOR4
REAPPROVAL WITH THE DIVISION EVERY FOUR YEARS IN THE SAME5
MANNER PROVIDED FOR APPROVAL IN SUBSECTION (5)(a)(I) OF THIS6
SECTION. WHEN APPLYING FOR REAPPROVAL , THE NONPROFIT7
ORGANIZATION MAY ADD OR REMOVE QUALIFYING ACTIVITIES IN THE8
REAPPROVAL APPLICATION . IT IS EXPECTED THAT A NONPROFIT9
ORGANIZATION WILL REVISE ANY PREVIOUSLY APPROVED GOALS ,10
OBJECTIVES, AND EXPECTED OUTCOMES OF ITS QUALIFYING ACTIVITIES TO11
ADJUST TO CHANGES IN COMMUNITY NEEDS , EMERGING BEST PRACTICES,12
AND FEEDBACK FROM THE DIVISION .13
(6) T
HE DIVISION SHALL PRESENT AN ANNUAL REVIEW OF14
APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED PROJECTS15
ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO THE STATE16
HOUSING BOARD CREATED IN SECTION 24-32-706. THE ANNUAL REVIEW17
MUST INCLUDE INDIVIDUAL AND COLLECTIVE OUTPUTS AND OUTCOMES OF18
EACH APPROVED NONPROFIT ORGANIZATION DESCRIBED IN THIS SECTION19
AND MUST SUMMARIZE CONTRIBUTIONS RECEIVED AND TAX CREDIT20
CERTIFICATES ISSUED FOR THE REPORTING PERIOD , INCLUDING AN21
ESTIMATE OF EXPECTED CONTRIBUTIONS FOR THE UPCOMING CALENDAR22
YEAR.23
(7) T
HE DIVISION SHALL DEVELOP PROGRAM GUIDELINES , WITH24
STAKEHOLDER INVOLVEMENT , FOR THE ADMINISTRATION OF THIS SECTION.25
(8) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2040.26
SECTION 2. In Colorado Revised Statutes, 39-30-103.5, amend27
HB22-1083
-12- (3)(a) introductory portion; and add (3)(c) as follows:1
39-30-103.5. Credit against tax - contributions to enterprise2
zone administrators to implement economic development plans -3
repeal. (3) (a) P
RIOR TO JANUARY 1, 2023, monetary or in-kind4
contributions to promote temporary, emergency, or transitional housing5
programs for the homeless that offer or provide referrals to child care, job6
placement, and counseling services for the purpose of promoting7
employment for homeless persons in enterprise zones shall be deemed to8
be for the purpose of implementing the economic development plan for9
the enterprise zone and shall include but not be limited to the following10
types of contributions:11
(c) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE DECEMBER 31,12
2032.13
SECTION 3. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2022 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
HB22-1083
-13-