Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0548.01 Megan McCall x4215
HOUSE BILL 22-1083
House Committees Senate Committees
Finance Finance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE COLORADO HOMELESS101
CONTRIBUTION INCOME TAX
CREDIT, AND, IN CONNECTION102
THEREWITH, MAKING AN APPROPRIATION .103
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
SENATE
Amended 3rd Reading
April 29, 2022
SENATE
Amended 2nd Reading
April 28, 2022
HOUSE
3rd Reading Unamended
April 18, 2022
HOUSE
Amended 2nd Reading
April 14, 2022
HOUSE SPONSORSHIP
Tipper and Rich, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran,
Esgar, Exum, Froelich, Garnett, Gray, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine,
McCormick, McLachlan, Michaelson Jenet, Mullica, Ricks, Sirota, Soper, Sullivan, Titone,
Valdez A., Valdez D., Woodrow
SENATE SPONSORSHIP
Winter and Simpson, Bridges, Danielson, Donovan, Hansen, Hisey, Jaquez Lewis,
Kolker, Moreno, Story, Woodward
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. enterprise zone administrators and the office of economic development
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
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
REVIEWED AND APPROVED BY THE DIVISION AS SPECIFIED IN14
SUBSECTION (5) OF THIS SECTION AND HAS A HISTORY OR TRACK RECORD15
OF SUCCESS IN DELIVERING SERVICES AND DEMONSTRATED FINANCIAL16
VIABILITY.17
(b) "A
PPROVED PROJECT" MEANS A PROJECT ADMINISTERED BY AN18
APPROVED NONPROFIT ORGANIZATION THAT HAS BEEN EVALUATED ,19
REVIEWED, AND APPROVED BY THE DIVISION AS SPECIFIED IN SUBSECTION20
(5)
OF THIS SECTION, AND THAT IMPLEMENTS ONE OR MORE QUALIFYING21
ACTIVITIES.22
(c) "C
APITAL CAMPAIGN" MEANS A CAMPAIGN THAT ENCOURAGES23
PUBLIC AND PRIVATE PARTNERSHIPS AND IS FOCUSED ON RAISING FUNDS24
FOR A SPECIFIC CAPITAL PROJECT. THE CAPITAL PROJECT MUST INVOLVE25
CONSTRUCTION AND IMPLEMENTATION THAT COMMENCES WITHIN THREE26
YEARS OF THE PROJECT BEING APPROVED BY THE DIVISION . A "CAPITAL27
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-3- CAMPAIGN" MUST INCLUDE A CAMPAIGN FOR ONE OR MORE OF THE1
FOLLOWING:2
(I) S
UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES3
EXPERIENCING HOMELESSNESS ;4
(II) C
OMMUNITY OVERNIGHT SHELTERS , COMMUNITY DAY5
SHELTERS, OR EMERGENCY SHELTERS;6
(III) F
ACILITIES, INCLUDING THE ACQUISITION OR REHABILITATION7
OF FACILITIES, USED TO PROVIDE HOUSING OR SERVICES TO INDIVIDUALS8
OR FAMILIES EXPERIENCING HOMELESSNESS , INCLUDING FACILITIES THAT9
ARE NECESSARY TO PERFORM QUALIFYING SERVICES ; OR10
(IV) F
ACILITIES NEEDED TO PROVIDE ADMINISTRATIVE SUPPORT11
FOR APPROVED PROJECTS.12
(d) "D
IVISION OF HOUSING" OR "DIVISION" MEANS THE DIVISION OF13
HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION14
24-32-704.15
(e) "I
N-KIND CONTRIBUTION" MEANS A CONTRIBUTION THAT IS NOT16
A MONETARY CONTRIBUTION AND IS VALUED OVER FIVE THOUSAND17
DOLLARS PURSUANT TO AN INDEPENDENT THIRD -PARTY VALUATION,18
INCLUDING A CONTRIBUTION OF PROPERTY , SERVICES, STOCKS, BONDS, OR19
OTHER INTANGIBLE PROPERTY.20
(f) "M
ONETARY CONTRIBUTION " MEANS A CONTRIBUTION IN21
U
NITED STATES CURRENCY IN ANY FORM , INCLUDING CASH, PAYMENT22
MADE BY CHECK, ELECTRONIC FUNDS TRANSFER, DEBIT CARD, OR CREDIT23
CARD.24
(g) "N
ONPROFIT ORGANIZATION" MEANS ANY ORGANIZATION IN25
GOOD STANDING WITH THE SECRETARY OF STATE THAT IS EXEMPT FROM26
TAXATION PURSUANT TO SECTION 501 (a) OF THE FEDERAL "INTERNAL27
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-4- REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (a), AS AMENDED, AND1
LISTED AS AN EXEMPT ORGANIZATION IN SECTION 501 (c)(3) OF THE2
FEDERAL "INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (c)(3),3
AS AMENDED.4
(h) "O
PERATIONAL SERVICE" MEANS A SERVICE
WITH THE PRIMARY5
FOCUS ON ASSISTING INDIVIDUALS OR FAMILIES EXPERIENCING6
HOMELESSNESS OR, IN THE CASE OF PREVENTION, INDIVIDUALS OR7
FAMILIES FACING IMMINENT RISK OF HOMELESSNESS . AN OPERATIONAL8
SERVICE MUST ALSO BE A SERVICE THAT SUPPORTS OR PROVIDES :9
(I) O
UTREACH EFFORTS TO ENGAGE OR PROVIDE SERVICES TO10
UNSHELTERED INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;11
(II) S
AFE EMERGENCY, TEMPORARY, OR TRANSITIONAL SHELTERS,12
SUCH AS DAY SHELTERS, THAT MAY INCLUDE SUPPORTIVE SERVICES TO13
INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;14
(III) P
REVENTION SERVICES THAT TARGET INDIVIDUALS OR15
FAMILIES FACING IMMINENT RISK OF HOMELESSNESS AS DEFINED BY THE16
DEPARTMENT OF LOCAL AFFAIRS ;17
(IV) S
UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES18
EXPERIENCING HOMELESSNESS OR WHO WOULD OTHERWISE BE HOMELESS ;19
(V) S
ERVICES DESIGNED TO ASSIST INDIVIDUALS OR FAMILIES20
EXPERIENCING HOMELESSNESS TO OBTAIN AN EMPLOYMENT OUTCOME ,21
INCLUDING JOB PLACEMENT SERVICES , SERVICES THAT HELP INDIVIDUALS22
BECOME WORKFORCE READY ;23
(VI) C
ASE MANAGEMENT, INCLUDING ESTABLISHING CLIENT GOALS24
FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS AND25
COORDINATION OF REFERRALS TO ADDRESS HEALTH OR MENTAL HEALTH26
BENEFIT PROCUREMENT AND PROCUREMENT OF OTHER ESSENTIAL27
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-5- SERVICES FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;1
(VII) S
HELTERS AND SERVICES FOR SURVIVORS OF DOMESTIC2
VIOLENCE WHO ARE FLEEING AN ABUSIVE HOUSEHOLD ; OR3
(VIII) T
HE IMPLEMENTATION AND OPERATION OF SUCCESSOR4
PROJECTS OR OTHER SERVICES FOR INDIVIDUALS OR FAMILIES5
EXPERIENCING HOMELESSNESS THAT ARE IDENTIFIED BY THE DIVISION AS6
EMERGING, PROMISING, AND PROVIDING BEST PRACTICES.7
(i) "Q
UALIFYING ACTIVITY" MEANS A CAPITAL CAMPAIGN OR AN8
OPERATIONAL SERVICE.9
(j) "T
AXPAYER" MEANS A RESIDENT INDIVIDUAL OR A DOMESTIC10
OR FOREIGN CORPORATION SUBJECT TO PART 3 OF THIS ARTICLE 22, A11
PARTNERSHIP, S CORPORATION, OR OTHER SIMILAR PASS -THROUGH12
ENTITY, ESTATE, OR TRUST THAT MAKES A CONTRIBUTION AS AN ENTITY ,13
AND A PARTNER, MEMBER, AND SUBCHAPTER S SHAREHOLDER OF SUCH A14
PASS-THROUGH ENTITY.15
(3) (a) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER16
J
ANUARY 1, 2023, BUT BEFORE JANUARY 1, 2027,
EXCEPT AS PROVIDED IN17
SUBSECTION (3)(b) OF THIS SECTION, ANY TAXPAYER WHO MAKES A18
MONETARY OR IN-KIND CONTRIBUTION TO AN APPROVED NONPROFIT19
ORGANIZATION, OR TO AN APPROVED PROJECT ADMINISTERED BY AN20
APPROVED NONPROFIT ORGANIZATION , IS ALLOWED A CREDIT EQUAL TO21
TWENTY-FIVE PERCENT OF THE TOTAL VALUE OF THE CONTRIBUTION ,22
SUBJECT TO THE LIMITATIONS SPECIFIED IN SUBSECTION (3)(d) OF THIS23
SECTION.24
(b) I
F A TAXPAYER MAKES A MONETARY OR IN -KIND25
CONTRIBUTION TO AN APPROVED NONPROFIT ORGANIZATION , OR TO AN26
APPROVED PROJECT ADMINISTERED BY AN APPROVED NONPROFIT27
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-6- ORGANIZATION, IN AN UNDERSERVED, RURAL COUNTY, AS DEFINED BY THE1
DIVISION IN ITS GUIDELINES FOR THE PROGRAM , THEN THE TAXPAYER IS2
ALLOWED A CREDIT EQUAL TO THIRTY PERCENT OF THE TOTAL VALUE OF3
THE CONTRIBUTION, SUBJECT TO THE LIMITATIONS IN SUBSECTION (3)(d)4
OF THIS SECTION.5
(c) T
HE APPROVED NONPROFIT ORGANIZATION THAT RECEIVES THE6
ALLOWABLE CONTRIBUTION SHALL ISSUE A TAX CREDIT CERTIFICATE TO7
EACH TAXPAYER THAT MAKES AN ALLOWABLE CONTRIBUTION PURSUANT8
TO SUBSECTIONS (3)(a)
OR (3)(b) OF THIS SECTION; EXCEPT THAT THE9
APPROVED NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT10
CERTIFICATES THAT TOTAL MORE THAN SEVEN HUNDRED FIFTY THOUSAND11
DOLLARS PER INCOME TAX YEAR , AND IF THE APPROVED NONPROFIT12
ORGANIZATION ADMINISTERS ONE OR MORE APPROVED PROJECTS , IN13
ADDITION TO PROVIDING A QUALIFYING SERVICE , THEN THE APPROVED14
NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT CERTIFICATES15
FOR ALLOWABLE CONTRIBUTIONS TO ONE OR MORE APPROVED PROJECTS16
THAT TOTAL MORE THAN AN ADDITIONAL SEVEN HUNDRED FIFTY17
THOUSAND DOLLARS PER INCOME TAX YEAR . THE TAX CREDIT18
CERTIFICATE MUST STATE THE AMOUNT OF THE ALLOWABLE19
CONTRIBUTION, THE TAXPAYER 'S NAME, THE TAXPAYER 'S SOCIAL20
SECURITY NUMBER OR FEDERAL EMPLOYER IDENTIFICATION NUMBER , THE21
TYPE OF THE CONTRIBUTION , THE DATE THE TAXPAYER MADE THE22
CONTRIBUTION, THE AMOUNT OF THE TAX CREDIT THAT IS AUTHORIZED23
FOR THAT TAXPAYER , AND ANY OTHER INFORMATION THAT THE24
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE MAY REQUIRE .25
T
AX CREDIT CERTIFICATES SHALL BE ISSUED IN THE ORDER OF RECEIVED26
ALLOWABLE CONTRIBUTIONS .27
1083
-7- (d) (I) (A) THE CREDIT ALLOWED IN SUBSECTIONS (3)(a) AND1
(3)(b)
OF THIS SECTION
SHALL NOT EXCEED ONE HUNDRED THOUSAND2
DOLLARS PER TAXPAYER PER TAX YEAR.3
(B) F
OR A CONTRIBUTION MADE PURSUANT TO SUBSECTIONS (3)(a)4 OR (3)(b) OF THIS SECTION THAT IS MADE IN A CASH PAYMENT , THE5
CONTRIBUTION MUST BE EQUAL TO OR GREATER THAN ONE HUNDRED6
DOLLARS.7
(C) I
N THE CASE OF A PARTNERSHIP, S CORPORATION, OR OTHER8
SIMILAR PASS-THROUGH ENTITY, THE LIMITATIONS IN THIS SUBSECTION9
(3)(d)
APPLY AT THE ENTITY LEVEL.10
(II) I
N NO EVENT IS A CREDIT ALLOWED PURSUANT TO THIS11
SECTION FOR CONTRIBUTIONS THAT DIRECTLY BENEFIT THE TAXPAYER . IF12
A TAXPAYER RECEIVES A BENEFIT FOR THE CONTRIBUTION , THE VALUE OF13
THE CONTRIBUTION IS REDUCED BY THE VALUE OF THE BENEFIT RECEIVED14
BY THE TAXPAYER TO ARRIVE AT THE CONTRIBUTION THAT MAY BE15
CERTIFIED FOR THE INCOME TAX CREDIT ALLOWED IN THIS SECTION .16
(III) I
F THE AMOUNT OF THE ALLOWED CREDIT EXCEEDS THE17
AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME OF THE18
TAXPAYER IN THE INCOME TAX YEAR FOR WHICH THE CREDIT IS BEING19
CLAIMED, THE AMOUNT OF THE CREDIT NOT USED AS AN OFFSET AGAINST20
INCOME TAXES IN THAT INCOME TAX YEAR MAY BE CARRIED FORWARD AS21
A CREDIT AGAINST SUBSEQUENT YEARS ' INCOME TAX LIABILITY FOR A22
PERIOD NOT EXCEEDING FIVE YEARS AND MUST BE APPLIED FIRST TO THE23
EARLIEST INCOME TAX YEARS POSSIBLE . ANY CREDIT REMAINING AFTER24
THE PERIOD MAY NOT BE REFUNDED OR CREDITED TO THE TAXPAYER .25
(4) O
N OR BEFORE NOVEMBER 1, 2022, AND ON OR BEFORE26
N
OVEMBER 1 OF EACH YEAR THEREAFTER, THE DIVISION SHALL DEVELOP27
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-8- AND POST ON THE DIVISION'S WEBSITE A LIST, INCLUDING A DESCRIPTION,1
OF ALL APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED2
PROJECTS ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO3
WHICH TAXPAYERS MAY CONTRIBUTE DURING THE NEXT CALENDAR YEAR4
FOR THE PURPOSE OF RECEIVING A TAX CREDIT PURSUANT TO THIS5
SECTION. ANY MODIFICATIONS TO THE LIST , INCLUDING NONPROFIT6
ORGANIZATIONS OR PROPOSED PROJECTS OF AN APPROVED NONPROFIT7
ORGANIZATION THAT ARE LATER APPROVED , MUST BE POSTED ON THE8
DIVISION'S WEBSITE NO LATER THAN SIXTY DAYS AFTER THE MODIFICATION9
IS MADE. THE DIVISION SHALL REVIEW A PROPOSED NONPROFIT10
ORGANIZATION AND ANY PROPOSED PROJECT OF AN APPROVED NONPROFIT11
ORGANIZATION FOR ELIGIBILITY AND APPROVAL AS DESCRIBED IN12
SUBSECTION (5) OF THIS SECTION.13
(5) (a) (I) A
NONPROFIT ORGANIZATION SHALL APPLY TO THE14
DIVISION FOR APPROVAL TO RECEIVE ALLOWABLE CONTRIBUTIONS UNDER15
THIS SECTION, INCLUDING APPROVAL OF A PROPOSED PROJECT . THE16
APPLICATION MUST:17
(A) S
ET FORTH THE QUALIFYING ACTIVITY THAT THE NONPROFIT18
ORGANIZATION PROVIDES, AND, IN ADDITION, FOR A PROPOSED PROJECT,19
THE QUALIFYING ACTIVITY THAT THE PROJECT WILL IMPLEMENT ;20
(B) P
ROVIDE A LETTER OF APPR OVAL FROM THE NONPROFIT21
ORGANIZATION'S BOARD OF DIRECTORS;
22
(C) P
ROVIDE EVIDENCE THAT THE NONPROFIT ORGANIZATION IS IN23
GOOD STANDING WITH THE SECRETARY OF
STATE; AND24
(D) SUBMIT A RECENT AUDIT OR FINANCIAL REPORT TO THE25
DIVISION IN A FORM THAT IS ACCEPTABLE TO THE DIVISION.26
(II) A
N ORGANIZATION THAT HAS A PROGRAM AS SET FORTH IN27
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-9- SECTION 39-30-103.5 (3)(a) THAT HAS BEEN APPROVED BY THE COLORADO1
ECONOMIC DEVELOPMENT COMMISSION UNDER SECTION 39-30-103.5 IS2
DEEMED APPROVED FOR PURPOSES OF COMPLIANCE WITH THIS SECTION TO3
RECEIVE ELIGIBLE CONTRIBUTIONS UNLESS OTHERWISE SPECIFICALLY4
DISAPPROVED BY THE DIVISION SO LONG AS THE ORGANIZATION :5
(A) I
S A NONPROFIT;6
(B) P
ROVIDES OR HAS THE INTENT TO PROVIDE A QUALIFYING7
ACTIVITY;8
(C) C
AN PROVIDE A LETTER OF A PPROVAL FROM ITS BOARD OF9
DIRECTORS;10
(D) S
UBMITS A RECENT AUDIT OR FINANCIAL REPORT TO THE11
DIVISION IN A FORM THAT IS ACCEPTABLE TO THE DIVISION; AND12
(E) N
O LATER THAN FOUR YEARS FROM THE EFFECTIVE DATE OF13
THIS SECTION, SUBMITS AN APPLICATION FOR REAPPROVAL PURSUANT TO14
SUBSECTION (5)(g) OF THIS SECTION.15
(III) WHEN REVIEWING APPLICATIONS AND ORGANIZATIONS FOR16
APPROVAL PURSUANT TO SUBSECTIONS (5)(a)(I) AND (5)(a)(II) OF THIS17
SECTION, WITH RESPECT TO A NONPROFIT ORGANIZATION 'S PROPOSED18
QUALIFYING ACTIVITY OR ACTIVITIES, THE DIVISION SHALL CONSIDER THE19
FINANCIAL MANAGEMENT CAPACITY AND OPERATIONAL CAPACITY OF THE20
NONPROFIT ORGANIZATION AND EVALUATE THE CAPABILITY OF THE21
NONPROFIT ORGANIZATION TO ENTER A MONITORING AGREEMENT FOR THE22
PURPOSE OF THE DIVISION EVALUATING THE EFFICACY OF THE NONPROFIT23
ORGANIZATION AND ITS QUALIFYING ACTIVITY OR ACTIVITIES .24
(b) T
HE DIVISION SHALL REVIEW APPLICATIONS RECEIVED25
PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION IN A TIMELY MANNER26
AND IN A TIME FRAME SET FORTH IN THE DIVISION'S GUIDELINES FOR THE27
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-10- PROGRAM. THE DIVISION SHALL ISSUE A NOTICE OF APPROVAL OR1
DISAPPROVAL OF A NONPROFIT ORGANIZATION , A PROPOSED PROJECT, OR2
BOTH IN WRITING.3
(c) T
HE DIVISION IS AUTHORIZED TO HOLD HEARINGS IN ORDER TO4
REVIEW A NONPROFIT ORGANIZATION 'S REQUEST TO RECONSIDER A5
DECISION REGARDING DISAPPROVAL WITHIN THIRTY DAYS AFTER THE DATE6
OF THE DISAPPROVAL NOTICE.7
(d) O
NCE APPROVED, THE NONPROFIT ORGANIZATION SHALL8
MAINTAIN AN ACCOUNTING SYSTEM AND APPROPRIATE RECORDS TO TRACK9
CONTRIBUTIONS RECEIVED BY TAXPAYERS FOR WHICH A TAX CREDIT WAS10
ALLOWED UNDER THIS SECTION AND TO ACCURATELY ASSOCIATE THE USE11
OF THE CONTRIBUTIONS WITH QUALIFYING ACTIVITIES , AN APPROVED12
PROJECT, OR BOTH.13
(e) T
HE DIVISION SHALL SPECIFY IN PROGRAM GUIDELINES WHAT14
INFORMATION REGARDING QUALIFYING ACTIVITIES MUST BE REPORTED BY15
THE NONPROFIT ORGANIZATION AND CAN REQUEST FROM THE NONPROFIT16
ORGANIZATION AN AUDIT OR FINANCIAL REPORT IN A FORM THAT IS17
ACCEPTABLE TO THE DIVISION.18
(f) (I) N
O LATER THAN FEBRUARY 15, 2023, THE DIVISION SHALL19
COMPLETE A REVIEW OF EVERY ORGANIZATION AND PROJECT DEEMED20
APPROVED UNDER SUBSECTION (5)(a)(II) OF THIS SECTION, AND NO LATER21
THAN FEBRUARY 15, 2024, AND FEBRUARY 15 OF EACH YEAR22
THEREAFTER, THE DIVISION SHALL COMPLETE A REVIEW OF EVERY OTHER23
APPROVED NONPROFIT ORGANIZATION AND APPROVED PROJECT TO24
EVALUATE PERFORMANCE AND COMPLIANCE WITH THE REQUIREMENTS OF25
THIS SECTION. THE DIVISION MUST REVIEW THE QUALIFYING ACTIVITIES26
BEING PROVIDED AND DETERMINE HOW THE ACTIVITIES ARE ADDRESSING27
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-11- CURRENT AND EMERGING NEEDS OF INDIVIDUALS AND FAMILIES1
EXPERIENCING HOMELESSNESS IN EACH APPROVED NONPROFIT2
ORGANIZATION'S COMMUNITY, OR, IF APPLICABLE, EACH APPROVED3
PROJECT'S COMMUNITY.4
(II) T
HE DIVISION HAS THE AUTHORITY TO MONITOR AND AUDIT5
APPROVED NONPROFIT ORGANIZATIONS AND THEIR PERFORMANCE AND6
MAY DISAPPROVE AN APPROVED NONPROFIT ORGANIZATION OR AN7
APPROVED PROJECT OF AN APPROVED NONPROFIT ORGANIZATION IF THE8
APPROVED NONPROFIT ORGANIZATION IS NOT MEETING EXPECTATIONS OR9
IF THE APPROVED NONPROFIT ORGANIZATION IS OTHERWISE NOT IN10
COMPLIANCE WITH OBJECTIVES OUTLINED IN THIS SECTION OR PROGRAM11
GUIDELINES, OR, IF APPLICABLE, IN THE PROJECT PROPOSAL. THE DIVISION12
SHALL IMMEDIATELY NOTIFY THE DEPARTMENT OF REVENUE IF AN13
APPROVED NONPROFIT ORGANIZATION OR AN APPROVED PROJECT OF AN14
APPROVED NONPROFIT ORGANIZATION IS DISAPPROVED AS A RESULT OF A15
REVIEW OR AUDIT IN ORDER TO ENSURE THAT CONTRIBUTIONS MADE BY16
TAXPAYERS ON OR AFTER THE DATE OF DISAPPROVAL ARE NO LONGER17
ELIGIBLE FOR THE TAX CREDIT ALLOWED IN THIS SECTION .18
(g) A
N APPROVED NONPROFIT ORGANIZATION SHALL APPLY FOR19
REAPPROVAL WITH THE DIVISION EVERY FOUR YEARS IN THE SAME20
MANNER PROVIDED FOR APPROVAL IN SUBSECTION (5)(a)(I) OF THIS21
SECTION. WHEN APPLYING FOR REAPPROVAL , THE NONPROFIT22
ORGANIZATION MAY ADD OR REMOVE QUALIFYING ACTIVITIES IN THE23
REAPPROVAL APPLICATION . IT IS EXPECTED THAT A NONPROFIT24
ORGANIZATION WILL REVISE ANY PREVIOUSLY APPROVED GOALS ,25
OBJECTIVES, AND EXPECTED OUTCOMES OF ITS QUALIFYING ACTIVITIES TO26
ADJUST TO CHANGES IN COMMUNITY NEEDS , EMERGING BEST PRACTICES,27
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-12- AND FEEDBACK FROM THE DIVISION .1
(6) T
HE DIVISION SHALL PRESENT AN ANNUAL REVIEW OF2
APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED PROJECTS3
ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO THE STATE4
HOUSING BOARD CREATED IN SECTION 24-32-706. THE ANNUAL REVIEW5
MUST INCLUDE INDIVIDUAL AND COLLECTIVE OUTPUTS AND OUTCOMES OF6
EACH APPROVED NONPROFIT ORGANIZATION DESCRIBED IN THIS SECTION7
AND MUST SUMMARIZE CONTRIBUTIONS RECEIVED AND TAX CREDIT8
CERTIFICATES ISSUED FOR THE REPORTING PERIOD , INCLUDING AN9
ESTIMATE OF EXPECTED CONTRIBUTIONS FOR THE UPCOMING CALENDAR10
YEAR.11
(7) T
HE DIVISION SHALL DEVELOP PROGRAM GUIDELINES , WITH12
STAKEHOLDER INVOLVEMENT , FOR THE ADMINISTRATION OF THIS SECTION.13
(8) (a) ON OR BEFORE SEPTEMBER 30 OF EACH CALENDAR YEAR,14
THE STATE DIRECTOR OF HOUSING OR THE DIRECTOR 'S DESIGNEE SHALL15
TRANSMIT TO THE DEPARTMENT OF REVENUE THE DATA REGARDING16
INCOME TAX CREDITS ALLOWED PURSUANT TO THIS SECTION THAT ARE17
CERTIFIED OR APPROVED BY THE DIVISION FROM JANUARY 1 THROUGH18
JUNE 30 OF THE SAME CALENDAR YEAR.19
(b) ON OR BEFORE MARCH 31 OF EACH CALENDAR YEAR, THE20
STATE DIRECTOR OF HOUSING OR THE DIRECTOR'S DESIGNEE SHALL21
TRANSMIT TO THE DEPARTMENT OF REVENUE THE DATA REGARDING22
INCOME TAX CREDITS ALLOWED PURSUANT TO THIS SECTION THAT ARE23
CERTIFIED OR APPROVED BY THE DIVISION FROM JULY 1 THROUGH24
DECEMBER 31 OF THE PREVIOUS CALENDAR YEAR .25
(9) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2040.26
SECTION 2. In Colorado Revised Statutes, 39-30-103.5, amend27
1083
-13- (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. Appropriation. (1) For the 2022-23 state fiscal14
year, $129,613 is appropriated to the department of local affairs. This15
appropriation is from the general fund. To implement this act, the16
department may use this appropriation as follows:17
(a) $30,595 for use by executive director's office for payments to18
OIT; 19
(b) $83,268 for use by the division of housing for personal20
services, which amount is based on an assumption that the division will21
require an additional 1.2 FTE; and22
(c) $15,750 for use by the division of housing for operating23
expenses.24
(2) For the 2022-23 state fiscal year, $30,595 is appropriated to25
the office of the governor for use by the office of information technology.26
This appropriation is from reappropriated funds received from the27
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-14- department of local affairs under subsection (1)(a) of this section. To1
implement this act, the office may use this appropriation to provide2
information technology services for the department of local affairs.3
SECTION 4. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2022 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
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