Colorado 2022 Regular Session

Colorado House Bill HB1083 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0548.01 Megan McCall x4215
18 HOUSE BILL 22-1083
2-BY REPRESENTATIVE(S) Tipper and Rich, Amabile, Bacon, Bernett,
3-Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich, Gray,
4-Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, McLachlan,
5-Michaelson Jenet, Mullica, Ricks, Sirota, Soper, Sullivan, Titone,
6-Valdez A., Valdez D., Woodrow, Garnett, Daugherty, Gonzales-Gutierrez,
7-McCluskie, Young;
8-also SENATOR(S) Winter and Simpson, Bridges, Danielson, Donovan,
9-Hansen, Hisey, Jaquez Lewis, Kolker, Moreno, Story, Woodward.
9+House Committees Senate Committees
10+Finance Finance
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1013 C
11-ONCERNING THE CREATION OF THE COLORADO HOMELESS CONTRIBUTION
12-INCOME TAX CREDIT
13-, AND, IN CONNECTION THEREWITH, MAKING AN
14-APPROPRIATION
15-.
16-Be it enacted by the General Assembly of the State of Colorado:
17-SECTION 1. In Colorado Revised Statutes, add 39-22-548 as
18-follows:
19-39-22-548. Colorado homeless contribution tax credit -
14+ONCERNING THE CREATION OF THE COLORADO HOMELESS101
15+CONTRIBUTION INCOME TAX
16+CREDIT, AND, IN CONNECTION102
17+THEREWITH, MAKING AN APPROPRIATION .103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill repeals an existing income tax credit available to
26+taxpayers who make contributions to enterprise zone administrators to
27+promote temporary, emergency, or transitional housing programs for
28+people experiencing homelessness and replaces that income tax credit
29+with one that is available in the entire state. Instead of having the
30+SENATE
31+Amended 3rd Reading
32+April 29, 2022
33+SENATE
34+Amended 2nd Reading
35+April 28, 2022
36+HOUSE
37+3rd Reading Unamended
38+April 18, 2022
39+HOUSE
40+Amended 2nd Reading
41+April 14, 2022
42+HOUSE SPONSORSHIP
43+Tipper and Rich, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran,
44+Esgar, Exum, Froelich, Garnett, Gray, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine,
45+McCormick, McLachlan, Michaelson Jenet, Mullica, Ricks, Sirota, Soper, Sullivan, Titone,
46+Valdez A., Valdez D., Woodrow
47+SENATE SPONSORSHIP
48+Winter and Simpson, Bridges, Danielson, Donovan, Hansen, Hisey, Jaquez Lewis,
49+Kolker, Moreno, Story, Woodward
50+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
51+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
52+Dashes through the words indicate deletions from existing statute. enterprise zone administrators and the office of economic development
53+manage the credit, the bill places that responsibility on the division of
54+housing in the department of local affairs.
55+The bill also expands the scope so that a taxpayer may claim the
56+tax credit when permissible contributions are made not only to an
57+approved project, but also to approved nonprofit organizations providing
58+certain qualifying activities.
59+The amount of the income tax credit remains the same for each
60+contribution; except that, for contributions made in an underserved, rural
61+county, the amount is 30% rather than 25%, and the new credit is capped
62+at $750,000 in contributions for the nonprofit organization, and if the
63+nonprofit organization also administers one or more approved projects,
64+the new credit is capped at an additional $750,000 per project. The new
65+credit's availability is limited to 8 years, and, in the same manner as the
66+enterprise zone tax credit that is being repealed, any credit in excess of a
67+taxpayer's liability for the income tax year for which the credit is claimed
68+may be carried forward for up to 5 years.
69+Be it enacted by the General Assembly of the State of Colorado:1
70+SECTION 1. In Colorado Revised Statutes, add 39-22-543 as2
71+follows:3
72+39-22-543. Colorado homeless contribution tax credit -4
2073 legislative declaration - definitions - repeal. (1) (a) I
21-N ACCORDANCE WITH
22-SECTION
23-39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW
24-TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE
25-NOTE: This bill has been prepared for the signatures of the appropriate legislative
26-officers and the Governor. To determine whether the Governor has signed the bill
27-or taken other action on it, please consult the legislative status sheet, the legislative
28-history, or the Session Laws.
29-________
30-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31-through words or numbers indicate deletions from existing law and such material is not part of
32-the act. STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION , THE
33-GENERAL ASSEMBLY FINDS AND DECLARES THAT THE GENERAL LEGISLATIVE
34-PURPOSE OF THIS TAX EXPENDITURE IS TO INDUCE CERTAIN DESIGNATED
35-BEHAVIOR BY TAXPAYERS
36-. SPECIFICALLY, THIS TAX EXPENDITURE IS
37-INTENDED TO ENCOURAGE TAXPAYERS TO MAKE CONTRIBUTIONS TO
38-APPROVED NONPROFIT ORGANIZATIONS PROVIDING CERTAIN QUALIFYING
39-ACTIVITIES TO LEVERAGE FINANCIAL CONTRIBUTIONS FROM
40-COLORADO
41-RESIDENTS AND BUSINESSES TO SUPPORT PROVIDING APPROPRIATE HOUSING
42-AND SERVICES TO ASSIST INDIVIDUALS AND FAMILIES EXPERIENCING
43-HOMELESSNESS
44-. THE TAX EXPENDITURE WILL CATALYZE AND STRENGTHEN
45-STATEWIDE EFFORTS TO ADDRESS THE EFFECTS OF HOMELESSNESS THROUGH
46-PRIVATE INVESTMENT AND CIVIC ENGAGEMENT IN
47-COLORADO-BASED
48-SERVICE PROVIDERS FOR INDIVIDUALS AND FAMILIES EXPERIENCING
49-HOMELESSNESS
50-.
74+N ACCORDANCE5
75+WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES6
76+A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE7
77+STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION , THE8
78+GENERAL ASSEMBLY FINDS AND DECLARES THAT THE GENERAL9
79+LEGISLATIVE PURPOSE OF THIS TAX EXPENDITURE IS TO INDUCE CERTAIN10
80+DESIGNATED BEHAVIOR BY TAXPAYERS . SPECIFICALLY, THIS TAX11
81+EXPENDITURE IS INTENDED TO ENCOURAGE TAXPAYERS TO MAKE12
82+CONTRIBUTIONS TO APPROVED NONPROFIT ORGANIZATIONS PROVIDING13
83+CERTAIN QUALIFYING ACTIVITIES TO LEVERAGE FINANCIAL14
84+CONTRIBUTIONS FROM COLORADO RESIDENTS AND BUSINESSES TO15
85+SUPPORT PROVIDING APPROPRIATE HOUSING AND SERVICES TO ASSIST16
86+1083-2- INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS . THE TAX1
87+EXPENDITURE WILL CATALYZE AND STRENGTHEN STATEWIDE EFFORTS TO2
88+ADDRESS THE EFFECTS OF HOMELESSNESS THR OUGH PRIVATE INVESTMENT3
89+AND CIVIC ENGAGEMENT IN COLORADO-BASED SERVICE PROVIDERS FOR4
90+INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS .5
5191 (b) T
52-HE ANNUAL REVIEW PRESENTED BY THE DIVISION AS SET FORTH
53-IN SUBSECTION
54-(6) OF THIS SECTION WILL ALLOW THE GENERAL ASSEMBLY
55-AND THE STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF THE TAX
56-EXPENDITURE
57-.
92+HE ANNUAL REVIEW PRESENTED BY THE DIVISION AS SET6
93+FORTH IN SUBSECTION (6) OF THIS SECTION WILL ALLOW THE GENERAL7
94+ASSEMBLY AND THE STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF8
95+THE TAX EXPENDITURE.9
5896 (2) A
59-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
60-REQUIRES
61-:
97+S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
98+REQUIRES:11
6299 (a) "A
63-PPROVED NONPROFIT OR GANIZATION " MEANS A NONPROFIT
64-ORGANIZATION THAT PROVIDES A QUALIFYING ACTIVITY AND THAT HAS
65-BEEN REVIEWED AND APPROVED BY THE DIVISION AS SPECIFIED IN
66-SUBSECTION
67-(5) OF THIS SECTION AND HAS A HISTORY OR TRACK RECORD OF
68-SUCCESS IN DELIVERING SERVICES AND DEMONSTRATED FINANCIAL
69-VIABILITY
70-.
100+PPROVED NONPROFIT ORGANIZATION " MEANS A NONPROFIT12
101+ORGANIZATION THAT PROVIDES A QUALIFYING ACTIVITY AND THAT HAS13
102+BEEN
103+REVIEWED AND APPROVED BY THE DIVISION AS SPECIFIED IN14
104+SUBSECTION (5) OF THIS SECTION AND HAS A HISTORY OR TRACK RECORD15
105+OF SUCCESS IN DELIVERING SERVICES AND DEMONSTRATED FINANCIAL16
106+VIABILITY.17
71107 (b) "A
72-PPROVED PROJECT" MEANS A PROJECT ADMINISTERED BY AN
73-APPROVED NONPROFIT ORGANIZATION THAT HAS BEEN EVALUATED
74-,
75-REVIEWED, AND APPROVED BY THE DIVISION AS SPECIFIED IN SUBSECTION (5)
76-OF THIS SECTION, AND THAT IMPLEMENTS ONE OR MORE QUALIFYING
77-ACTIVITIES
78-.
108+PPROVED PROJECT" MEANS A PROJECT ADMINISTERED BY AN18
109+APPROVED NONPROFIT ORGANIZATION THAT HAS BEEN EVALUATED ,19
110+REVIEWED, AND APPROVED BY THE DIVISION AS SPECIFIED IN SUBSECTION20
111+(5)
112+ OF THIS SECTION, AND THAT IMPLEMENTS ONE OR MORE QUALIFYING21
113+ACTIVITIES.22
79114 (c) "C
80-APITAL CAMPAIGN" MEANS A CAMPAIGN THAT ENCOURAGES
81-PUBLIC AND PRIVATE PARTNERSHIPS AND IS FOCUSED ON RAISING FUNDS FOR
82-A SPECIFIC CAPITAL PROJECT
83-. THE CAPITAL PROJECT MUST INVOLVE
84-CONSTRUCTION AND IMPLEMENTATION THAT COMMENCES WITHIN THREE
85-PAGE 2-HOUSE BILL 22-1083 YEARS OF THE PROJECT BEING APPROVED BY THE DIVISION . A "CAPITAL
86-CAMPAIGN
87-" MUST INCLUDE A CAMPAIGN FOR ONE OR MORE OF THE
88-FOLLOWING
89-:
115+APITAL CAMPAIGN" MEANS A CAMPAIGN THAT ENCOURAGES23
116+PUBLIC AND PRIVATE PARTNERSHIPS AND IS FOCUSED ON RAISING FUNDS24
117+FOR A SPECIFIC CAPITAL PROJECT. THE CAPITAL PROJECT MUST INVOLVE25
118+CONSTRUCTION AND IMPLEMENTATION THAT COMMENCES WITHIN THREE26
119+YEARS OF THE PROJECT BEING APPROVED BY THE DIVISION . A "CAPITAL27
120+1083
121+-3- CAMPAIGN" MUST INCLUDE A CAMPAIGN FOR ONE OR MORE OF THE1
122+FOLLOWING:2
90123 (I) S
91-UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES
92-EXPERIENCING HOMELESSNESS
93-;
124+UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES3
125+EXPERIENCING HOMELESSNESS ;4
94126 (II) C
95-OMMUNITY OVERNIGHT SHELTERS , COMMUNITY DAY SHELTERS,
96-OR EMERGENCY SHELTERS ;
127+OMMUNITY OVERNIGHT SHELTERS , COMMUNITY DAY5
128+SHELTERS, OR EMERGENCY SHELTERS;6
97129 (III) F
98-ACILITIES, INCLUDING THE ACQUISITION OR REHABILITATION
99-OF FACILITIES
100-, USED TO PROVIDE HOUSING OR SERVICES TO INDIVIDUALS OR
101-FAMILIES EXPERIENCING HOMELESSNESS
102-, INCLUDING FACILITIES THAT ARE
103-NECESSARY TO PERFORM QUALIFYING SERVICES
104-; OR
105-(IV) FACILITIES NEEDED TO PROVIDE ADMINISTRATIVE SUPPORT FOR
106-APPROVED PROJECTS
107-.
130+ACILITIES, INCLUDING THE ACQUISITION OR REHABILITATION7
131+OF FACILITIES, USED TO PROVIDE HOUSING OR SERVICES TO INDIVIDUALS8
132+OR FAMILIES EXPERIENCING HOMELESSNESS , INCLUDING FACILITIES THAT9
133+ARE NECESSARY TO PERFORM QUALIFYING SERVICES ; OR10
134+(IV) F
135+ACILITIES NEEDED TO PROVIDE ADMINISTRATIVE SUPPORT11
136+FOR APPROVED PROJECTS.12
108137 (d) "D
109-IVISION OF HOUSING" OR "DIVISION" MEANS THE DIVISION OF
110-HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
111-24-32-704.
138+IVISION OF HOUSING" OR "DIVISION" MEANS THE DIVISION OF13
139+HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION14
140+24-32-704.15
112141 (e) "I
113-N-KIND CONTRIBUTION" MEANS A CONTRIBUTION THAT IS NOT
114-A MONETARY CONTRIBUTION AND IS VALUED OVER FIVE T HOUSAND DOLLARS
115-PURSUANT TO AN INDEPENDENT THIRD
116--PARTY VALUATION, INCLUDING A
117-CONTRIBUTION OF PROPERTY
118-, SERVICES, STOCKS, BONDS, OR OTHER
119-INTANGIBLE PROPERTY
120-.
142+N-KIND CONTRIBUTION" MEANS A CONTRIBUTION THAT IS NOT16
143+A MONETARY CONTRIBUTION AND IS VALUED OVER FIVE THOUSAND17
144+DOLLARS PURSUANT TO AN INDEPENDENT THIRD -PARTY VALUATION,18
145+INCLUDING A CONTRIBUTION OF PROPERTY , SERVICES, STOCKS, BONDS, OR19
146+OTHER INTANGIBLE PROPERTY.20
121147 (f) "M
122-ONETARY CONTRIBUTION" MEANS A CONTRIBUTION IN UNITED
123-STATES CURRENCY IN ANY FORM , INCLUDING CASH, PAYMENT MADE BY
124-CHECK
125-, ELECTRONIC FUNDS TRANSFER, DEBIT CARD, OR CREDIT CARD.
148+ONETARY CONTRIBUTION " MEANS A CONTRIBUTION IN21
149+U
150+NITED STATES CURRENCY IN ANY FORM , INCLUDING CASH, PAYMENT22
151+MADE BY CHECK, ELECTRONIC FUNDS TRANSFER, DEBIT CARD, OR CREDIT23
152+CARD.24
126153 (g) "N
127-ONPROFIT ORGANIZATION" MEANS ANY ORGANIZATION IN
128-GOOD STANDING WITH THE SECRETARY OF STATE THAT IS EXEMPT FROM
129-TAXATION PURSUANT TO SECTION
130-501 (a) OF THE FEDERAL "INTERNAL
131-REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (a), AS AMENDED, AND LISTED
132-AS AN EXEMPT ORGANIZATION IN SECTION
133-501 (c)(3) OF THE FEDERAL
134-"INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (c)(3), AS
135-AMENDED
136-.
137-PAGE 3-HOUSE BILL 22-1083 (h) "OPERATIONAL SERVICE" MEANS A SERVICE WITH THE PRIMARY
138-FOCUS ON ASSISTING INDIVIDUALS OR FAMILIES EXPERIENCING
139-HOMELESSNESS OR
140-, IN THE CASE OF PREVENTION, INDIVIDUALS OR FAMILIES
141-FACING IMMINENT RISK OF HOMELESSNESS
142-. AN OPERATIONAL SERVICE MUST
143-ALSO BE A SERVICE THAT SUPPORTS OR PROVIDES
144-:
154+ONPROFIT ORGANIZATION" MEANS ANY ORGANIZATION IN25
155+GOOD STANDING WITH THE SECRETARY OF STATE THAT IS EXEMPT FROM26
156+TAXATION PURSUANT TO SECTION 501 (a) OF THE FEDERAL "INTERNAL27
157+1083
158+-4- REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (a), AS AMENDED, AND1
159+LISTED AS AN EXEMPT ORGANIZATION IN SECTION 501 (c)(3) OF THE2
160+FEDERAL "INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (c)(3),3
161+AS AMENDED.4
162+(h) "O
163+PERATIONAL SERVICE" MEANS A SERVICE
164+WITH THE PRIMARY5
165+FOCUS ON ASSISTING INDIVIDUALS OR FAMILIES EXPERIENCING6
166+HOMELESSNESS OR, IN THE CASE OF PREVENTION, INDIVIDUALS OR7
167+FAMILIES FACING IMMINENT RISK OF HOMELESSNESS . AN OPERATIONAL8
168+SERVICE MUST ALSO BE A SERVICE THAT SUPPORTS OR PROVIDES :9
145169 (I) O
146-UTREACH EFFORTS TO ENGAGE OR PROVIDE SERVICES TO
147-UNSHELTERED INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS
148-;
170+UTREACH EFFORTS TO ENGAGE OR PROVIDE SERVICES TO10
171+UNSHELTERED INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;11
149172 (II) S
150-AFE EMERGENCY, TEMPORARY, OR TRANSITIONAL SHELTERS,
151-SUCH AS DAY SHELTERS, THAT MAY INCLUDE SUPPORTIVE SERVICES TO
152-INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS
153-;
173+AFE EMERGENCY, TEMPORARY, OR TRANSITIONAL SHELTERS,12
174+SUCH AS DAY SHELTERS, THAT MAY INCLUDE SUPPORTIVE SERVICES TO13
175+INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;14
154176 (III) P
155-REVENTION SERVICES THAT TARGET INDIVIDUALS OR FAMILIES
156-FACING IMMINENT RISK OF HOMELESSNESS AS DEFINED BY THE DEPARTMENT
157-OF LOCAL AFFAIRS
158-;
177+REVENTION SERVICES THAT TARGET INDIVIDUALS OR15
178+FAMILIES FACING IMMINENT RISK OF HOMELESSNESS AS DEFINED BY THE16
179+DEPARTMENT OF LOCAL AFFAIRS ;17
159180 (IV) S
160-UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES
161-EXPERIENCING HOMELESSNESS OR WHO WOULD OTHERWISE BE HOMELESS
162-;
181+UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES18
182+EXPERIENCING HOMELESSNESS OR WHO WOULD OTHERWISE BE HOMELESS ;19
163183 (V) S
164-ERVICES DESIGNED TO ASSIST INDIVIDUALS OR FAMILIES
165-EXPERIENCING HOMELESSNESS TO OBTAIN AN EMPLOYMENT OUTCOME
166-,
167-INCLUDING JOB PLACEMENT SERVICES , SERVICES THAT HELP INDIVIDUALS
168-BECOME WORKFORCE READY
169-;
184+ERVICES DESIGNED TO ASSIST INDIVIDUALS OR FAMILIES20
185+EXPERIENCING HOMELESSNESS TO OBTAIN AN EMPLOYMENT OUTCOME ,21
186+INCLUDING JOB PLACEMENT SERVICES , SERVICES THAT HELP INDIVIDUALS22
187+BECOME WORKFORCE READY ;23
170188 (VI) C
171-ASE MANAGEMENT, INCLUDING ESTABLISHING CLIENT GOALS
172-FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS AND
173-COORDINATION OF REFERRALS TO ADDRESS HEALTH OR MENTAL HEALTH
174-BENEFIT PROCUREMENT AND PROCUREMENT OF OTHER ESSENTIAL SERVICES
175-FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS
176-;
189+ASE MANAGEMENT, INCLUDING ESTABLISHING CLIENT GOALS24
190+FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS AND25
191+COORDINATION OF REFERRALS TO ADDRESS HEALTH OR MENTAL HEALTH26
192+BENEFIT PROCUREMENT AND PROCUREMENT OF OTHER ESSENTIAL27
193+1083
194+-5- SERVICES FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS ;1
177195 (VII) S
178-HELTERS AND SERVICES FOR SURVIVORS OF DOMESTIC
179-VIOLENCE WHO ARE FLEEING AN ABUSIVE HOUSEHOLD
180-; OR
181-(VIII) THE IMPLEMENTATION AND OPERATION OF SUCCESSOR
182-PROJECTS OR OTHER SERVICES FOR INDIVIDUALS OR FAMILIES EXPERIENCING
183-HOMELESSNESS THAT ARE IDENTIFIED BY THE DIVISION AS EMERGING
184-,
185-PROMISING, AND PROVIDING BEST PRACTICES.
196+HELTERS AND SERVICES FOR SURVIVORS OF DOMESTIC2
197+VIOLENCE WHO ARE FLEEING AN ABUSIVE HOUSEHOLD ; OR3
198+(VIII) T
199+HE IMPLEMENTATION AND OPERATION OF SUCCESSOR4
200+PROJECTS OR OTHER SERVICES FOR INDIVIDUALS OR FAMILIES5
201+EXPERIENCING HOMELESSNESS THAT ARE IDENTIFIED BY THE DIVISION AS6
202+EMERGING, PROMISING, AND PROVIDING BEST PRACTICES.7
186203 (i) "Q
187-UALIFYING ACTIVITY" MEANS A CAPITAL CAMPAIGN OR AN
188-PAGE 4-HOUSE BILL 22-1083 OPERATIONAL SERVICE.
204+UALIFYING ACTIVITY" MEANS A CAPITAL CAMPAIGN OR AN8
205+OPERATIONAL SERVICE.9
189206 (j) "T
190-AXPAYER" MEANS A RESIDENT INDIVIDUAL OR A DOMESTIC OR
191-FOREIGN CORPORATION SUBJECT TO PART
192-3 OF THIS ARTICLE 22, A
193-PARTNERSHIP
194-, S CORPORATION, OR OTHER SIMILAR PASS-THROUGH ENTITY,
195-ESTATE, OR TRUST THAT MAKES A CONTRIBUTION AS AN ENTITY , AND A
196-PARTNER
197-, MEMBER, AND SUBCHAPTER S SHAREHOLDER OF SUCH A
198-PASS
199--THROUGH ENTITY.
207+AXPAYER" MEANS A RESIDENT INDIVIDUAL OR A DOMESTIC10
208+OR FOREIGN CORPORATION SUBJECT TO PART 3 OF THIS ARTICLE 22, A11
209+PARTNERSHIP, S CORPORATION, OR OTHER SIMILAR PASS -THROUGH12
210+ENTITY, ESTATE, OR TRUST THAT MAKES A CONTRIBUTION AS AN ENTITY ,13
211+AND A PARTNER, MEMBER, AND SUBCHAPTER S SHAREHOLDER OF SUCH A14
212+PASS-THROUGH ENTITY.15
200213 (3) (a) F
201-OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
202-1, 2023, BUT BEFORE JANUARY 1, 2027, EXCEPT AS PROVIDED IN SUBSECTION
203-(3)(b) OF THIS SECTION, ANY TAXPAYER WHO MAKES A MONETARY OR
204-IN
205--KIND CONTRIBUTION TO AN APPROVED NONPROFIT ORGANIZATION , OR TO
206-AN APPROVED PROJECT ADMINISTERED BY AN APPROVED NONPROFIT
207-ORGANIZATION
208-, IS ALLOWED A CREDIT EQUAL TO TWENTY-FIVE PERCENT OF
209-THE TOTAL VALUE OF THE CONTRIBUTION
210-, SUBJECT TO THE LIMITATIONS
211-SPECIFIED IN SUBSECTION
212- (3)(d) OF THIS SECTION.
214+OR INCOME TAX YEARS COMMENCING ON OR AFTER16
215+J
216+ANUARY 1, 2023, BUT BEFORE JANUARY 1, 2027,
217+ EXCEPT AS PROVIDED IN17
218+SUBSECTION (3)(b) OF THIS SECTION, ANY TAXPAYER WHO MAKES A18
219+MONETARY OR IN-KIND CONTRIBUTION TO AN APPROVED NONPROFIT19
220+ORGANIZATION, OR TO AN APPROVED PROJECT ADMINISTERED BY AN20
221+APPROVED NONPROFIT ORGANIZATION , IS ALLOWED A CREDIT EQUAL TO21
222+TWENTY-FIVE PERCENT OF THE TOTAL VALUE OF THE CONTRIBUTION ,22
223+SUBJECT TO THE LIMITATIONS SPECIFIED IN SUBSECTION (3)(d) OF THIS23
224+SECTION.24
213225 (b) I
214-F A TAXPAYER MAKES A MONETARY OR IN -KIND CONTRIBUTION
215-TO AN APPROVED NONPROFIT ORGANIZATION
216-, OR TO AN APPROVED PROJECT
217-ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION
218-, IN AN
219-UNDERSERVED
220-, RURAL COUNTY, AS DEFINED BY THE DIVISION IN ITS
221-GUIDELINES FOR THE PROGRAM
222-, THEN THE TAXPAYER IS ALLOWED A CREDIT
223-EQUAL TO THIRTY PERCENT OF THE TOTAL VALUE OF THE CONTRIBUTION
224-,
225-SUBJECT TO THE LIMITATIONS IN SUBSECTION (3)(d) OF THIS SECTION.
226+F A TAXPAYER MAKES A MONETARY OR IN -KIND25
227+CONTRIBUTION TO AN APPROVED NONPROFIT ORGANIZATION , OR TO AN26
228+APPROVED PROJECT ADMINISTERED BY AN APPROVED NONPROFIT27
229+1083
230+-6- ORGANIZATION, IN AN UNDERSERVED, RURAL COUNTY, AS DEFINED BY THE1
231+DIVISION IN ITS GUIDELINES FOR THE PROGRAM , THEN THE TAXPAYER IS2
232+ALLOWED A CREDIT EQUAL TO THIRTY PERCENT OF THE TOTAL VALUE OF3
233+THE CONTRIBUTION, SUBJECT TO THE LIMITATIONS IN SUBSECTION (3)(d)4
234+OF THIS SECTION.5
226235 (c) T
227-HE APPROVED NONPROFIT ORGANIZATION THAT RECEIVES THE
228-ALLOWABLE CONTRIBUTION SHALL ISSUE A TAX CREDIT CERTIFICATE TO
229-EACH TAXPAYER THAT MAKES AN ALLOWABLE CONTRIBUTION PURSUANT TO
230-SUBSECTIONS
231- (3)(a) OR (3)(b) OF THIS SECTION; EXCEPT THAT THE
232-APPROVED NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT
233-CERTIFICATES THAT TOTAL MORE THAN SEVEN HUNDRED FIFTY THOUSAND
234-DOLLARS PER INCOME TAX YEAR
235-, AND IF THE APPROVED NONPROFIT
236-ORGANIZATION ADMINISTERS ONE OR MORE APPROVED PROJECTS
237-, IN
238-ADDITION TO PROVIDING A QUALIFYING SERVICE
239-, THEN THE APPROVED
240-NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT CERTIFICATES FOR
241-ALLOWABLE CONTRIBUTIONS TO ONE OR MORE APPROVED PROJECTS THAT
242-TOTAL MORE THAN AN ADDITIONAL SEVEN HUNDRED FIFTY THOUSAND
243-DOLLARS PER INCOME TAX YEAR
244-. THE TAX CREDIT CERTIFICATE MUST STATE
245-THE AMOUNT OF THE ALLOWABLE CONTRIBUTION
246-, THE TAXPAYER'S NAME,
247-PAGE 5-HOUSE BILL 22-1083 THE TAXPAYER'S SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER
248-IDENTIFICATION NUMBER
249-, THE TYPE OF THE CONTRIBUTION, THE DATE THE
250-TAXPAYER MADE THE CONTRIBUTION
251-, THE AMOUNT OF THE TAX CREDIT
252-THAT IS AUTHORIZED FOR THAT TAXPAYER
253-, AND ANY OTHER INFORMATION
254-THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE MAY
255-REQUIRE
256-. TAX CREDIT CERTIFICATES SHALL BE ISSUED IN THE ORDER OF
257-RECEIVED ALLOWABLE CONTRIBUTIONS
258-.
259-(d) (I) (A) T
260-HE CREDIT ALLOWED IN SUBSECTIONS (3)(a) AND (3)(b)
261-OF THIS SECTION SHALL NOT EXCEED ONE HUNDRED THOUS AND DOLLARS PER
262-TAXPAYER PER TAX YEAR
263-.
236+HE APPROVED NONPROFIT ORGANIZATION THAT RECEIVES THE6
237+ALLOWABLE CONTRIBUTION SHALL ISSUE A TAX CREDIT CERTIFICATE TO7
238+EACH TAXPAYER THAT MAKES AN ALLOWABLE CONTRIBUTION PURSUANT8
239+TO SUBSECTIONS (3)(a)
240+OR (3)(b) OF THIS SECTION; EXCEPT THAT THE9
241+APPROVED NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT10
242+CERTIFICATES THAT TOTAL MORE THAN SEVEN HUNDRED FIFTY THOUSAND11
243+DOLLARS PER INCOME TAX YEAR , AND IF THE APPROVED NONPROFIT12
244+ORGANIZATION ADMINISTERS ONE OR MORE APPROVED PROJECTS , IN13
245+ADDITION TO PROVIDING A QUALIFYING SERVICE , THEN THE APPROVED14
246+NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT CERTIFICATES15
247+FOR ALLOWABLE CONTRIBUTIONS TO ONE OR MORE APPROVED PROJECTS16
248+THAT TOTAL MORE THAN AN ADDITIONAL SEVEN HUNDRED FIFTY17
249+THOUSAND DOLLARS PER INCOME TAX YEAR . THE TAX CREDIT18
250+CERTIFICATE MUST STATE THE AMOUNT OF THE ALLOWABLE19
251+CONTRIBUTION, THE TAXPAYER 'S NAME, THE TAXPAYER 'S SOCIAL20
252+SECURITY NUMBER OR FEDERAL EMPLOYER IDENTIFICATION NUMBER , THE21
253+TYPE OF THE CONTRIBUTION , THE DATE THE TAXPAYER MADE THE22
254+CONTRIBUTION, THE AMOUNT OF THE TAX CREDIT THAT IS AUTHORIZED23
255+FOR THAT TAXPAYER , AND ANY OTHER INFORMATION THAT THE24
256+EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE MAY REQUIRE .25
257+T
258+AX CREDIT CERTIFICATES SHALL BE ISSUED IN THE ORDER OF RECEIVED26
259+ALLOWABLE CONTRIBUTIONS .27
260+1083
261+-7- (d) (I) (A) THE CREDIT ALLOWED IN SUBSECTIONS (3)(a) AND1
262+(3)(b)
263+OF THIS SECTION
264+SHALL NOT EXCEED ONE HUNDRED THOUSAND2
265+DOLLARS PER TAXPAYER PER TAX YEAR.3
264266 (B) F
265-OR A CONTRIBUTION MADE PURSUANT TO SUBSECTIONS (3)(a)
266-OR (3)(b) OF THIS SECTION THAT IS MADE IN A CASH PAYMENT , THE
267-CONTRIBUTION MUST BE EQUAL TO OR GREATER THAN ONE HUNDRED
268-DOLLARS
269-.
267+OR A CONTRIBUTION MADE PURSUANT TO SUBSECTIONS (3)(a)4 OR (3)(b) OF THIS SECTION THAT IS MADE IN A CASH PAYMENT , THE5
268+CONTRIBUTION MUST BE EQUAL TO OR GREATER THAN ONE HUNDRED6
269+DOLLARS.7
270270 (C) I
271-N THE CASE OF A PARTNERSHIP, S CORPORATION, OR OTHER
272-SIMILAR PASS
273--THROUGH ENTITY, THE LIMITATIONS IN THIS SUBSECTION
274-(3)(d) APPLY AT THE ENTITY LEVEL.
271+N THE CASE OF A PARTNERSHIP, S CORPORATION, OR OTHER8
272+SIMILAR PASS-THROUGH ENTITY, THE LIMITATIONS IN THIS SUBSECTION9
273+(3)(d)
274+APPLY AT THE ENTITY LEVEL.10
275275 (II) I
276-N NO EVENT IS A CREDIT ALLOWED PURSUANT TO THIS SECTION
277-FOR CONTRIBUTIONS THAT DIRECTLY BENEFIT THE TAXPAYER
278-. IF A
279-TAXPAYER RECEIVES A BENEFIT FOR THE CONTRIBUTION
280-, THE VALUE OF THE
281-CONTRIBUTION IS REDUCED BY THE VALUE OF THE BENEFIT RECEIVED BY THE
282-TAXPAYER TO ARRIVE AT THE CONTRIBUTION THAT MAY BE CERTIFIED FOR
283-THE INCOME TAX CREDIT ALLOWED IN THIS SECTION
284-.
276+N NO EVENT IS A CREDIT ALLOWED PURSUANT TO THIS11
277+SECTION FOR CONTRIBUTIONS THAT DIRECTLY BENEFIT THE TAXPAYER . IF12
278+A TAXPAYER RECEIVES A BENEFIT FOR THE CONTRIBUTION , THE VALUE OF13
279+THE CONTRIBUTION IS REDUCED BY THE VALUE OF THE BENEFIT RECEIVED14
280+BY THE TAXPAYER TO ARRIVE AT THE CONTRIBUTION THAT MAY BE15
281+CERTIFIED FOR THE INCOME TAX CREDIT ALLOWED IN THIS SECTION .16
285282 (III) I
286-F THE AMOUNT OF THE ALLOWED CREDIT EXCEEDS THE AM OUNT
287-OF INCOME TAXES OTHERWISE DUE ON THE INCOME OF THE TAXPAYER IN THE
288-INCOME TAX YEAR FOR WHICH THE CREDIT IS BEING CLAIMED
289-, THE AMOUNT
290-OF THE CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THAT
291-INCOME TAX YEAR MAY BE CARRIED FORWARD AS A CREDIT AGAINST
292-SUBSEQUENT YEARS
293-' INCOME TAX LIABILITY FOR A PERIOD NOT EXCEEDING
294-FIVE YEARS AND MUST BE APPLIED FIRST TO THE EARLIEST INCOME TAX
295-YEARS POSSIBLE
296-. ANY CREDIT REMAINING AFTER THE PERIOD MAY NOT BE
297-REFUNDED OR CREDITED TO THE TAXPAYER
298-.
283+F THE AMOUNT OF THE ALLOWED CREDIT EXCEEDS THE17
284+AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME OF THE18
285+TAXPAYER IN THE INCOME TAX YEAR FOR WHICH THE CREDIT IS BEING19
286+CLAIMED, THE AMOUNT OF THE CREDIT NOT USED AS AN OFFSET AGAINST20
287+INCOME TAXES IN THAT INCOME TAX YEAR MAY BE CARRIED FORWARD AS21
288+A CREDIT AGAINST SUBSEQUENT YEARS ' INCOME TAX LIABILITY FOR A22
289+PERIOD NOT EXCEEDING FIVE YEARS AND MUST BE APPLIED FIRST TO THE23
290+EARLIEST INCOME TAX YEARS POSSIBLE . ANY CREDIT REMAINING AFTER24
291+THE PERIOD MAY NOT BE REFUNDED OR CREDITED TO THE TAXPAYER .25
299292 (4) O
300-N OR BEFORE NOVEMBER 1, 2022, AND ON OR BEFORE
301-NOVEMBER 1 OF EACH YEAR THEREAFTER, THE DIVISION SHALL DEVELOP
302-PAGE 6-HOUSE BILL 22-1083 AND POST ON THE DIVISION'S WEBSITE A LIST, INCLUDING A DESCRIPTION, OF
303-ALL APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED PROJECTS
304-ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO WHICH
305-TAXPAYERS MAY CONTRIBUTE DURING THE NEXT CALENDAR YEAR FOR THE
306-PURPOSE OF RECEIVING A TAX CREDIT PURSUANT TO THIS SECTION
307-. ANY
308-MODIFICATIONS TO THE LIST
309-, INCLUDING NONPROFIT ORGANIZATIONS OR
310-PROPOSED PROJECTS OF AN APPROVED NONPROFIT ORGANIZATION THAT ARE
311-LATER APPROVED
312-, MUST BE POSTED ON THE DIVISION'S WEBSITE NO LATER
313-THAN SIXTY DAYS AFTER THE MODIFICATION IS MADE
314-. THE DIVISION SHALL
315-REVIEW A PROPOSED NONPROFIT ORGANIZATION AND ANY PROPOSED
316-PROJECT OF AN APPROVED NONPROFIT ORGANIZATION FOR ELIGIBILITY AND
317-APPROVAL AS DESCRIBED IN SUBSECTION
318-(5) OF THIS SECTION.
293+N OR BEFORE NOVEMBER 1, 2022, AND ON OR BEFORE26
294+N
295+OVEMBER 1 OF EACH YEAR THEREAFTER, THE DIVISION SHALL DEVELOP27
296+1083
297+-8- AND POST ON THE DIVISION'S WEBSITE A LIST, INCLUDING A DESCRIPTION,1
298+OF ALL APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED2
299+PROJECTS ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO3
300+WHICH TAXPAYERS MAY CONTRIBUTE DURING THE NEXT CALENDAR YEAR4
301+FOR THE PURPOSE OF RECEIVING A TAX CREDIT PURSUANT TO THIS5
302+SECTION. ANY MODIFICATIONS TO THE LIST , INCLUDING NONPROFIT6
303+ORGANIZATIONS OR PROPOSED PROJECTS OF AN APPROVED NONPROFIT7
304+ORGANIZATION THAT ARE LATER APPROVED , MUST BE POSTED ON THE8
305+DIVISION'S WEBSITE NO LATER THAN SIXTY DAYS AFTER THE MODIFICATION9
306+IS MADE. THE DIVISION SHALL REVIEW A PROPOSED NONPROFIT10
307+ORGANIZATION AND ANY PROPOSED PROJECT OF AN APPROVED NONPROFIT11
308+ORGANIZATION FOR ELIGIBILITY AND APPROVAL AS DESCRIBED IN12
309+SUBSECTION (5) OF THIS SECTION.13
319310 (5) (a) (I) A
320- NONPROFIT ORGANIZATION SHALL APPLY TO THE
321-DIVISION FOR APPROVAL TO RECEIVE ALLOWABLE CONTRIBUTIONS UNDER
322-THIS SECTION
323-, INCLUDING APPROVAL OF A PROPOSED PROJECT . THE
324-APPLICATION MUST
325-:
311+ NONPROFIT ORGANIZATION SHALL APPLY TO THE14
312+DIVISION FOR APPROVAL TO RECEIVE ALLOWABLE CONTRIBUTIONS UNDER15
313+THIS SECTION, INCLUDING APPROVAL OF A PROPOSED PROJECT . THE16
314+APPLICATION MUST:17
326315 (A) S
327-ET FORTH THE QUALIFYING ACTIVITY THAT THE NONPROFIT
328-ORGANIZATION PROVIDES
329-, AND, IN ADDITION, FOR A PROPOSED PROJECT, THE
330-QUALIFYING ACTIVITY THAT THE PROJECT WILL IMPLEMENT
331-;
316+ET FORTH THE QUALIFYING ACTIVITY THAT THE NONPROFIT18
317+ORGANIZATION PROVIDES, AND, IN ADDITION, FOR A PROPOSED PROJECT,19
318+THE QUALIFYING ACTIVITY THAT THE PROJECT WILL IMPLEMENT ;20
332319 (B) P
333-ROVIDE A LETTER OF APPR OVAL FROM THE NONPROFIT
334-ORGANIZATION
335-'S BOARD OF DIRECTORS;
320+ROVIDE A LETTER OF APPR OVAL FROM THE NONPROFIT21
321+ORGANIZATION'S BOARD OF DIRECTORS;
322+ 22
336323 (C) P
337-ROVIDE EVIDENCE THAT THE NONPROFIT ORGANIZATION IS IN
338-GOOD STANDING WITH THE SECRETARY OF STATE
339-; AND
340-(D) SUBMIT A RECENT AUDIT OR FINANCIAL REPORT TO THE DIVISION
341-IN A FORM THAT IS ACCEPTABLE TO THE DIVISION
342-.
324+ROVIDE EVIDENCE THAT THE NONPROFIT ORGANIZATION IS IN23
325+GOOD STANDING WITH THE SECRETARY OF
326+STATE; AND24
327+(D) SUBMIT A RECENT AUDIT OR FINANCIAL REPORT TO THE25
328+DIVISION IN A FORM THAT IS ACCEPTABLE TO THE DIVISION.26
343329 (II) A
344-N ORGANIZATION THAT HAS A PROGRAM AS SET FORTH IN
345-SECTION
346-39-30-103.5 (3)(a) THAT HAS BEEN APPROVED BY THE COLORADO
347-ECONOMIC DEVELOPMENT COMMISSION UNDER SECTION
348-39-30-103.5 IS
349-DEEMED APPROVED FOR PURPOSES OF COMPLIANCE WITH THIS SECTION TO
350-RECEIVE ELIGIBLE CONTRIBUTIONS UNLESS OTHERWISE SPECIFICALLY
351-DISAPPROVED BY THE DIVISION SO LONG AS THE ORGANIZATION
352-:
330+N ORGANIZATION THAT HAS A PROGRAM AS SET FORTH IN27
331+1083
332+-9- SECTION 39-30-103.5 (3)(a) THAT HAS BEEN APPROVED BY THE COLORADO1
333+ECONOMIC DEVELOPMENT COMMISSION UNDER SECTION 39-30-103.5 IS2
334+DEEMED APPROVED FOR PURPOSES OF COMPLIANCE WITH THIS SECTION TO3
335+RECEIVE ELIGIBLE CONTRIBUTIONS UNLESS OTHERWISE SPECIFICALLY4
336+DISAPPROVED BY THE DIVISION SO LONG AS THE ORGANIZATION :5
353337 (A) I
354-S A NONPROFIT;
355-PAGE 7-HOUSE BILL 22-1083 (B) PROVIDES OR HAS THE INTENT TO PROVIDE A QUALIFYING
356-ACTIVITY
357-;
338+S A NONPROFIT;6
339+(B) P
340+ROVIDES OR HAS THE INTENT TO PROVIDE A QUALIFYING7
341+ACTIVITY;8
358342 (C) C
359-AN PROVIDE A LETTER OF A PPROVAL FROM ITS BOARD OF
360-DIRECTORS
361-;
343+AN PROVIDE A LETTER OF A PPROVAL FROM ITS BOARD OF9
344+DIRECTORS;10
362345 (D) S
363-UBMITS A RECENT AUDIT OR FINANCIAL REPORT TO THE
364-DIVISION IN A FORM THAT IS ACCEPTABLE TO THE DIVISION
365-; AND
366-(E) NO LATER THAN FOUR YEARS FROM THE EFFECTIVE DATE OF THIS
367-SECTION
368-, SUBMITS AN APPLICATION FOR REAPPROVAL PURSUANT TO
369-SUBSECTION
370- (5)(g) OF THIS SECTION.
371-(III) W
372-HEN REVIEWING APPLICATIONS AND ORGANIZATIONS FOR
373-APPROVAL PURSUANT TO SUBSECTIONS
374- (5)(a)(I) AND (5)(a)(II) OF THIS
375-SECTION
376-, WITH RESPECT TO A NONPROFIT ORGANIZATION 'S PROPOSED
377-QUALIFYING ACTIVITY OR ACTIVITIES
378-, THE DIVISION SHALL CONSIDER THE
379-FINANCIAL MANAGEMENT CAPACITY AND OPERATIONAL CAPACITY OF THE
380-NONPROFIT ORGANIZATION AND EVALUATE THE CAPABILITY OF THE
381-NONPROFIT ORGANIZATION TO ENTER A MONITORING AGREEMENT FOR THE
382-PURPOSE OF THE DIVISION EVALUATING THE EFFICACY OF THE NONPROFIT
383-ORGANIZATION AND ITS QUALIFYING ACTIVITY OR ACTIVITIES
384-.
346+UBMITS A RECENT AUDIT OR FINANCIAL REPORT TO THE11
347+DIVISION IN A FORM THAT IS ACCEPTABLE TO THE DIVISION; AND12
348+(E) N
349+O LATER THAN FOUR YEARS FROM THE EFFECTIVE DATE OF13
350+THIS SECTION, SUBMITS AN APPLICATION FOR REAPPROVAL PURSUANT TO14
351+SUBSECTION (5)(g) OF THIS SECTION.15
352+(III) WHEN REVIEWING APPLICATIONS AND ORGANIZATIONS FOR16
353+APPROVAL PURSUANT TO SUBSECTIONS (5)(a)(I) AND (5)(a)(II) OF THIS17
354+SECTION, WITH RESPECT TO A NONPROFIT ORGANIZATION 'S PROPOSED18
355+QUALIFYING ACTIVITY OR ACTIVITIES, THE DIVISION SHALL CONSIDER THE19
356+FINANCIAL MANAGEMENT CAPACITY AND OPERATIONAL CAPACITY OF THE20
357+NONPROFIT ORGANIZATION AND EVALUATE THE CAPABILITY OF THE21
358+NONPROFIT ORGANIZATION TO ENTER A MONITORING AGREEMENT FOR THE22
359+PURPOSE OF THE DIVISION EVALUATING THE EFFICACY OF THE NONPROFIT23
360+ORGANIZATION AND ITS QUALIFYING ACTIVITY OR ACTIVITIES .24
385361 (b) T
386-HE DIVISION SHALL REVIEW APPLICATIONS RECEIVED PURSUANT
387-TO SUBSECTION
388- (5)(a) OF THIS SECTION IN A TIMELY MANNER AND IN A TIME
389-FRAME SET FORTH IN THE DIVISION
390-'S GUIDELINES FOR THE PROGRAM . THE
391-DIVISION SHALL ISSUE A NOTICE OF APPROVAL OR DISAPPR OVAL OF A
392-NONPROFIT ORGANIZATION
393-, A PROPOSED PROJECT, OR BOTH IN WRITING.
362+HE DIVISION SHALL REVIEW APPLICATIONS RECEIVED25
363+PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION IN A TIMELY MANNER26
364+AND IN A TIME FRAME SET FORTH IN THE DIVISION'S GUIDELINES FOR THE27
365+1083
366+-10- PROGRAM. THE DIVISION SHALL ISSUE A NOTICE OF APPROVAL OR1
367+DISAPPROVAL OF A NONPROFIT ORGANIZATION , A PROPOSED PROJECT, OR2
368+BOTH IN WRITING.3
394369 (c) T
395-HE DIVISION IS AUTHORIZED TO HOLD HEARINGS IN ORDER TO
396-REVIEW A NONPROFIT ORGANIZATION
397-'S REQUEST TO RECONSIDER A DECISION
398-REGARDING DISAPPROVAL WITHIN THIRTY DAYS AFTER THE DATE OF THE
399-DISAPPROVAL NOTICE
400-.
370+HE DIVISION IS AUTHORIZED TO HOLD HEARINGS IN ORDER TO4
371+REVIEW A NONPROFIT ORGANIZATION 'S REQUEST TO RECONSIDER A5
372+DECISION REGARDING DISAPPROVAL WITHIN THIRTY DAYS AFTER THE DATE6
373+OF THE DISAPPROVAL NOTICE.7
401374 (d) O
402-NCE APPROVED, THE NONPROFIT ORGANIZATION SHALL
403-MAINTAIN AN ACCOUNTING SYSTEM AND APPROPRIATE RECORDS TO TRACK
404-CONTRIBUTIONS RECEIVED BY TAXPAYERS FOR WHICH A TAX CREDIT WAS
405-ALLOWED UNDER THIS SECTION AND TO ACCURATELY ASSOCIATE THE USE OF
406-THE CONTRIBUTIONS WITH QUALIFYING ACTIVITIES
407-, AN APPROVED PROJECT,
408-OR BOTH.
409-PAGE 8-HOUSE BILL 22-1083 (e) THE DIVISION SHALL SPECIFY IN PROGRAM GUIDELINES WHAT
410-INFORMATION REGARDING QUALIFYING ACTIVITIES MUST BE REPORTED BY
411-THE NONPROFIT ORGANIZATION AND CAN REQUEST FROM THE NONPROFIT
412-ORGANIZATION AN AUDIT OR FINANCIAL REPORT IN A FORM THAT IS
413-ACCEPTABLE TO THE DIVISION
414-.
375+NCE APPROVED, THE NONPROFIT ORGANIZATION SHALL8
376+MAINTAIN AN ACCOUNTING SYSTEM AND APPROPRIATE RECORDS TO TRACK9
377+CONTRIBUTIONS RECEIVED BY TAXPAYERS FOR WHICH A TAX CREDIT WAS10
378+ALLOWED UNDER THIS SECTION AND TO ACCURATELY ASSOCIATE THE USE11
379+OF THE CONTRIBUTIONS WITH QUALIFYING ACTIVITIES , AN APPROVED12
380+PROJECT, OR BOTH.13
381+(e) T
382+HE DIVISION SHALL SPECIFY IN PROGRAM GUIDELINES WHAT14
383+INFORMATION REGARDING QUALIFYING ACTIVITIES MUST BE REPORTED BY15
384+THE NONPROFIT ORGANIZATION AND CAN REQUEST FROM THE NONPROFIT16
385+ORGANIZATION AN AUDIT OR FINANCIAL REPORT IN A FORM THAT IS17
386+ACCEPTABLE TO THE DIVISION.18
415387 (f) (I) N
416-O LATER THAN FEBRUARY 15, 2023, THE DIVISION SHALL
417-COMPLETE A REVIEW OF EVERY ORGANIZATION AND PROJECT DEEMED
418-APPROVED UNDER SUBSECTION
419- (5)(a)(II) OF THIS SECTION, AND NO LATER
420-THAN
421-FEBRUARY 15, 2024, AND FEBRUARY 15 OF EACH YEAR THEREAFTER,
422-THE DIVISION SHALL COMPLETE A REVIEW OF EVERY OTHER APPROVED
423-NONPROFIT ORGANIZATION AND APPROVED PROJECT TO EVALUATE
424-PERFORMANCE AND COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
425-.
426-T
427-HE DIVISION MUST REVIEW THE QUALIFYING ACTIVITIES BEING PROVIDED
428-AND DETERMINE HOW THE ACTIVITIES ARE ADDRESSING CURRENT AND
429-EMERGING NEEDS OF INDIVIDUALS AND FAMILIES EXPERIENCING
430-HOMELESSNESS IN EACH APPROVED NONPROFIT OR GANIZATION
431-'S
432-COMMUNITY
433-, OR, IF APPLICABLE, EACH APPROVED PROJECT'S COMMUNITY.
388+O LATER THAN FEBRUARY 15, 2023, THE DIVISION SHALL19
389+COMPLETE A REVIEW OF EVERY ORGANIZATION AND PROJECT DEEMED20
390+APPROVED UNDER SUBSECTION (5)(a)(II) OF THIS SECTION, AND NO LATER21
391+THAN FEBRUARY 15, 2024, AND FEBRUARY 15 OF EACH YEAR22
392+THEREAFTER, THE DIVISION SHALL COMPLETE A REVIEW OF EVERY OTHER23
393+APPROVED NONPROFIT ORGANIZATION AND APPROVED PROJECT TO24
394+EVALUATE PERFORMANCE AND COMPLIANCE WITH THE REQUIREMENTS OF25
395+THIS SECTION. THE DIVISION MUST REVIEW THE QUALIFYING ACTIVITIES26
396+BEING PROVIDED AND DETERMINE HOW THE ACTIVITIES ARE ADDRESSING27
397+1083
398+-11- CURRENT AND EMERGING NEEDS OF INDIVIDUALS AND FAMILIES1
399+EXPERIENCING HOMELESSNESS IN EACH APPROVED NONPROFIT2
400+ORGANIZATION'S COMMUNITY, OR, IF APPLICABLE, EACH APPROVED3
401+PROJECT'S COMMUNITY.4
434402 (II) T
435-HE DIVISION HAS THE AUTHORITY TO MONITOR AND AUDIT
436-APPROVED NONPROFIT ORGANIZATIONS AND THEIR PERFORMANCE AND MAY
437-DISAPPROVE AN APPROVED NONPROFIT ORGANIZATION OR AN APPROVED
438-PROJECT OF AN APPROVED NONPROFIT ORGANIZATION IF THE APPROVED
439-NONPROFIT ORGANIZATION IS NOT MEETING EXPECTATIONS OR IF THE
440-APPROVED NONPROFIT ORGANIZATION IS OTHERWISE NOT IN COMPLIANCE
441-WITH OBJECTIVES OUTLINED IN THIS SECTION OR PROGRAM GUIDELINES
442-, OR,
443-IF APPLICABLE, IN THE PROJECT PROPOSAL . THE DIVISION SHALL
444-IMMEDIATELY NOTIFY THE DEPARTMENT OF REVENUE IF AN APPROVED
445-NONPROFIT ORGANIZATION OR AN APPROVED PROJECT OF AN APPROVED
446-NONPROFIT ORGANIZATION IS DISAPPROVED AS A RESULT OF A REVIEW OR
447-AUDIT IN ORDER TO ENSURE THAT CONTRIBUTIONS MADE BY TAXPAYERS ON
448-OR AFTER THE DATE OF DISAPPROVAL ARE NO LONGER ELIGIBLE FOR THE TAX
449-CREDIT ALLOWED IN THIS SECTION
450-.
403+HE DIVISION HAS THE AUTHORITY TO MONITOR AND AUDIT5
404+APPROVED NONPROFIT ORGANIZATIONS AND THEIR PERFORMANCE AND6
405+MAY DISAPPROVE AN APPROVED NONPROFIT ORGANIZATION OR AN7
406+APPROVED PROJECT OF AN APPROVED NONPROFIT ORGANIZATION IF THE8
407+APPROVED NONPROFIT ORGANIZATION IS NOT MEETING EXPECTATIONS OR9
408+IF THE APPROVED NONPROFIT ORGANIZATION IS OTHERWISE NOT IN10
409+COMPLIANCE WITH OBJECTIVES OUTLINED IN THIS SECTION OR PROGRAM11
410+GUIDELINES, OR, IF APPLICABLE, IN THE PROJECT PROPOSAL. THE DIVISION12
411+SHALL IMMEDIATELY NOTIFY THE DEPARTMENT OF REVENUE IF AN13
412+APPROVED NONPROFIT ORGANIZATION OR AN APPROVED PROJECT OF AN14
413+APPROVED NONPROFIT ORGANIZATION IS DISAPPROVED AS A RESULT OF A15
414+REVIEW OR AUDIT IN ORDER TO ENSURE THAT CONTRIBUTIONS MADE BY16
415+TAXPAYERS ON OR AFTER THE DATE OF DISAPPROVAL ARE NO LONGER17
416+ELIGIBLE FOR THE TAX CREDIT ALLOWED IN THIS SECTION .18
451417 (g) A
452-N APPROVED NONPROFIT ORGANIZATION SHALL APPLY FOR
453-REAPPROVAL WITH THE DIVISION EVERY FOUR YEARS IN THE SAME MANNER
454-PROVIDED FOR APPROVAL IN SUBSECTION
455- (5)(a)(I) OF THIS SECTION. WHEN
456-APPLYING FOR REAPPROVAL
457-, THE NONPROFIT ORGANIZATION MAY ADD OR
458-REMOVE QUALIFYING ACTIVITIES IN THE REAPPROVAL APPLICATION
459-. IT IS
460-EXPECTED THAT A NONPROFIT OR GANIZATION WILL REVISE ANY PREVIOUSLY
461-PAGE 9-HOUSE BILL 22-1083 APPROVED GOALS, OBJECTIVES, AND EXPECTED OUTCOMES OF ITS
462-QUALIFYING ACTIVITIES TO ADJUST TO CHANGES IN COMMUNITY NEEDS
463-,
464-EMERGING BEST PRACTICES, AND FEEDBACK FROM THE DIVISION.
418+N APPROVED NONPROFIT ORGANIZATION SHALL APPLY FOR19
419+REAPPROVAL WITH THE DIVISION EVERY FOUR YEARS IN THE SAME20
420+MANNER PROVIDED FOR APPROVAL IN SUBSECTION (5)(a)(I) OF THIS21
421+SECTION. WHEN APPLYING FOR REAPPROVAL , THE NONPROFIT22
422+ORGANIZATION MAY ADD OR REMOVE QUALIFYING ACTIVITIES IN THE23
423+REAPPROVAL APPLICATION . IT IS EXPECTED THAT A NONPROFIT24
424+ORGANIZATION WILL REVISE ANY PREVIOUSLY APPROVED GOALS ,25
425+OBJECTIVES, AND EXPECTED OUTCOMES OF ITS QUALIFYING ACTIVITIES TO26
426+ADJUST TO CHANGES IN COMMUNITY NEEDS , EMERGING BEST PRACTICES,27
427+1083
428+-12- AND FEEDBACK FROM THE DIVISION .1
465429 (6) T
466-HE DIVISION SHALL PRESENT AN ANNUAL REVIEW OF APPROVED
467-NONPROFIT ORGANIZATIONS AND ANY APPROVED PROJECTS ADMINISTERED
468-BY AN APPROVED NONPROFIT ORGANIZATION TO THE STATE HOUSING BOARD
469-CREATED IN SECTION
470-24-32-706. THE ANNUAL REVIEW MUST INCLUDE
471-INDIVIDUAL AND COLLECTIVE OUTPUTS AND OUTCOMES OF EACH APPROVED
472-NONPROFIT ORGANIZATION DESCRIBED IN THIS SECTION AND MUST
473-SUMMARIZE CONTRIBUTIONS RECEIVED AND TAX CREDIT CERTIFICATES
474-ISSUED FOR THE REPORTING PERIOD
475-, INCLUDING AN ESTIMATE OF EXPECTED
476-CONTRIBUTIONS FOR THE UPCOMING CALENDAR YEAR
477-.
430+HE DIVISION SHALL PRESENT AN ANNUAL REVIEW OF2
431+APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED PROJECTS3
432+ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO THE STATE4
433+HOUSING BOARD CREATED IN SECTION 24-32-706. THE ANNUAL REVIEW5
434+MUST INCLUDE INDIVIDUAL AND COLLECTIVE OUTPUTS AND OUTCOMES OF6
435+EACH APPROVED NONPROFIT ORGANIZATION DESCRIBED IN THIS SECTION7
436+AND MUST SUMMARIZE CONTRIBUTIONS RECEIVED AND TAX CREDIT8
437+CERTIFICATES ISSUED FOR THE REPORTING PERIOD , INCLUDING AN9
438+ESTIMATE OF EXPECTED CONTRIBUTIONS FOR THE UPCOMING CALENDAR10
439+YEAR.11
478440 (7) T
479-HE DIVISION SHALL DEVELOP PROGRAM GUIDELINES , WITH
480-STAKEHOLDER INVOLVEMENT
481-, FOR THE ADMINISTRATION OF THIS SECTION.
482-(8) (a) O
483-N OR BEFORE SEPTEMBER 30 OF EACH CALENDAR YEAR, THE
484-STATE DIRECTOR OF HOUSING OR THE DIRECTOR
485-'S DESIGNEE SHALL
486-TRANSMIT TO THE DEPARTMENT OF REVENUE THE DATA REGARDING INCOME
487-TAX CREDITS ALLOWED PURSUANT TO THIS SECTION THAT ARE CERTIFIED OR
488-APPROVED BY THE DIVISION FROM
489-JANUARY 1 THROUGH JUNE 30 OF THE
490-SAME CALENDAR YEAR
491-.
492-(b) O
493-N OR BEFORE MARCH 31 OF EACH CALENDAR YEAR, THE STATE
494-DIRECTOR OF HOUSING OR THE DIRECTOR
495-'S DESIGNEE SHALL TRANSMIT TO
496-THE DEPARTMENT OF REVENUE THE DATA REGARDING INCOME TAX CREDITS
497-ALLOWED PURSUANT TO THIS SECTION THAT ARE CERTIFIED OR APPROVED BY
498-THE DIVISION FROM
499-JULY 1 THROUGH DECEMBER 31 OF THE PREVIOUS
500-CALENDAR YEAR
501-.
502-(9) T
503-HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2040.
504-SECTION 2. In Colorado Revised Statutes, 39-30-103.5, amend
505-(3)(a) introductory portion; and add (3)(c) as follows:
506-39-30-103.5. Credit against tax - contributions to enterprise zone
507-administrators to implement economic development plans - repeal.
508-(3) (a) P
509-RIOR TO JANUARY 1, 2023, monetary or in-kind contributions to
510-promote temporary, emergency, or transitional housing programs for the
511-PAGE 10-HOUSE BILL 22-1083 homeless that offer or provide referrals to child care, job placement, and
512-counseling services for the purpose of promoting employment for homeless
513-persons in enterprise zones shall be deemed to be for the purpose of
514-implementing the economic development plan for the enterprise zone and
515-shall include but not be limited to the following types of contributions:
441+HE DIVISION SHALL DEVELOP PROGRAM GUIDELINES , WITH12
442+STAKEHOLDER INVOLVEMENT , FOR THE ADMINISTRATION OF THIS SECTION.13
443+(8) (a) ON OR BEFORE SEPTEMBER 30 OF EACH CALENDAR YEAR,14
444+THE STATE DIRECTOR OF HOUSING OR THE DIRECTOR 'S DESIGNEE SHALL15
445+TRANSMIT TO THE DEPARTMENT OF REVENUE THE DATA REGARDING16
446+INCOME TAX CREDITS ALLOWED PURSUANT TO THIS SECTION THAT ARE17
447+CERTIFIED OR APPROVED BY THE DIVISION FROM JANUARY 1 THROUGH18
448+JUNE 30 OF THE SAME CALENDAR YEAR.19
449+(b) ON OR BEFORE MARCH 31 OF EACH CALENDAR YEAR, THE20
450+STATE DIRECTOR OF HOUSING OR THE DIRECTOR'S DESIGNEE SHALL21
451+TRANSMIT TO THE DEPARTMENT OF REVENUE THE DATA REGARDING22
452+INCOME TAX CREDITS ALLOWED PURSUANT TO THIS SECTION THAT ARE23
453+CERTIFIED OR APPROVED BY THE DIVISION FROM JULY 1 THROUGH24
454+DECEMBER 31 OF THE PREVIOUS CALENDAR YEAR .25
455+(9) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2040.26
456+SECTION 2. In Colorado Revised Statutes, 39-30-103.5, amend27
457+1083
458+-13- (3)(a) introductory portion; and add (3)(c) as follows:1
459+39-30-103.5. Credit against tax - contributions to enterprise2
460+zone administrators to implement economic development plans -3
461+repeal. (3) (a) P
462+RIOR TO JANUARY 1, 2023, monetary or in-kind4
463+contributions to promote temporary, emergency, or transitional housing5
464+programs for the homeless that offer or provide referrals to child care, job6
465+placement, and counseling services for the purpose of promoting7
466+employment for homeless persons in enterprise zones shall be deemed to8
467+be for the purpose of implementing the economic development plan for9
468+the enterprise zone and shall include but not be limited to the following10
469+types of contributions:11
516470 (c) T
517-HIS SUBSECTION (3) IS REPEALED, EFFECTIVE DECEMBER 31,
518-2032.
519-SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
520-$129,613 is appropriated to the department of local affairs. This
521-appropriation is from the general fund. To implement this act, the
522-department may use this appropriation as follows:
523-(a) $30,595 for use by executive director's office for payments to
524-OIT;
525-(b) $83,268 for use by the division of housing for personal services,
526-which amount is based on an assumption that the division will require an
527-additional 1.2 FTE; and
528-(c) $15,750 for use by the division of housing for operating
529-expenses.
530-(2) For the 2022-23 state fiscal year, $30,595 is appropriated to the
531-office of the governor for use by the office of information technology. This
532-appropriation is from reappropriated funds received from the department of
533-local affairs under subsection (1)(a) of this section. To implement this act,
534-the office may use this appropriation to provide information technology
535-services for the department of local affairs.
536-SECTION 4. Act subject to petition - effective date. This act
537-takes effect at 12:01 a.m. on the day following the expiration of the
538-ninety-day period after final adjournment of the general assembly; except
539-that, if a referendum petition is filed pursuant to section 1 (3) of article V
540-of the state constitution against this act or an item, section, or part of this act
541-within such period, then the act, item, section, or part will not take effect
542-unless approved by the people at the general election to be held in
543-PAGE 11-HOUSE BILL 22-1083 November 2022 and, in such case, will take effect on the date of the official
544-declaration of the vote thereon by the governor.
545-____________________________ ____________________________
546-Alec Garnett Steve Fenberg
547-SPEAKER OF THE HOUSE PRESIDENT OF
548-OF REPRESENTATIVES THE SENATE
549-____________________________ ____________________________
550-Robin Jones Cindi L. Markwell
551-CHIEF CLERK OF THE HOUSE SECRETARY OF
552-OF REPRESENTATIVES THE SENATE
553- APPROVED________________________________________
554- (Date and Time)
555- _________________________________________
556- Jared S. Polis
557- GOVERNOR OF THE STATE OF COLORADO
558-PAGE 12-HOUSE BILL 22-1083
471+HIS SUBSECTION (3) IS REPEALED, EFFECTIVE DECEMBER 31,12
472+2032.13
473+SECTION 3. Appropriation. (1) For the 2022-23 state fiscal14
474+year, $129,613 is appropriated to the department of local affairs. This15
475+appropriation is from the general fund. To implement this act, the16
476+department may use this appropriation as follows:17
477+(a) $30,595 for use by executive director's office for payments to18
478+OIT; 19
479+(b) $83,268 for use by the division of housing for personal20
480+services, which amount is based on an assumption that the division will21
481+require an additional 1.2 FTE; and22
482+(c) $15,750 for use by the division of housing for operating23
483+expenses.24
484+(2) For the 2022-23 state fiscal year, $30,595 is appropriated to25
485+the office of the governor for use by the office of information technology.26
486+This appropriation is from reappropriated funds received from the27
487+1083
488+-14- department of local affairs under subsection (1)(a) of this section. To1
489+implement this act, the office may use this appropriation to provide2
490+information technology services for the department of local affairs.3
491+SECTION 4. Act subject to petition - effective date. This act4
492+takes effect at 12:01 a.m. on the day following the expiration of the5
493+ninety-day period after final adjournment of the general assembly; except6
494+that, if a referendum petition is filed pursuant to section 1 (3) of article V7
495+of the state constitution against this act or an item, section, or part of this8
496+act within such period, then the act, item, section, or part will not take9
497+effect unless approved by the people at the general election to be held in10
498+November 2022 and, in such case, will take effect on the date of the11
499+official declaration of the vote thereon by the governor.12
500+1083
501+-15-