HOUSE BILL 22-1083
BY REPRESENTATIVE(S) Tipper and Rich, Amabile, Bacon, Bernett,
Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich, Gray,
Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, McLachlan,
Michaelson Jenet, Mullica, Ricks, Sirota, Soper, Sullivan, Titone,
Valdez A., Valdez D., Woodrow, Garnett, Daugherty, Gonzales-Gutierrez,
McCluskie, Young;
also SENATOR(S) Winter and Simpson, Bridges, Danielson, Donovan,
Hansen, Hisey, Jaquez Lewis, Kolker, Moreno, Story, Woodward.
C
ONCERNING THE CREATION OF THE COLORADO HOMELESS CONTRIBUTION
INCOME TAX CREDIT
, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 39-22-548 as
follows:
39-22-548. Colorado homeless contribution tax credit -
legislative declaration - definitions - repeal. (1) (a) I
N ACCORDANCE WITH
SECTION
39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW
TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION , THE
GENERAL ASSEMBLY FINDS AND DECLARES THAT THE GENERAL LEGISLATIVE
PURPOSE OF THIS TAX EXPENDITURE IS TO INDUCE CERTAIN DESIGNATED
BEHAVIOR BY TAXPAYERS
. SPECIFICALLY, THIS TAX EXPENDITURE IS
INTENDED TO ENCOURAGE TAXPAYERS TO MAKE CONTRIBUTIONS TO
APPROVED NONPROFIT ORGANIZATIONS PROVIDING CERTAIN QUALIFYING
ACTIVITIES TO LEVERAGE FINANCIAL CONTRIBUTIONS FROM
COLORADO
RESIDENTS AND BUSINESSES TO SUPPORT PROVIDING APPROPRIATE HOUSING
AND SERVICES TO ASSIST INDIVIDUALS AND FAMILIES EXPERIENCING
HOMELESSNESS
. THE TAX EXPENDITURE WILL CATALYZE AND STRENGTHEN
STATEWIDE EFFORTS TO ADDRESS THE EFFECTS OF HOMELESSNESS THROUGH
PRIVATE INVESTMENT AND CIVIC ENGAGEMENT IN
COLORADO-BASED
SERVICE PROVIDERS FOR INDIVIDUALS AND FAMILIES EXPERIENCING
HOMELESSNESS
.
(b) T
HE ANNUAL REVIEW PRESENTED BY THE DIVISION AS SET FORTH
IN SUBSECTION
(6) OF THIS SECTION WILL ALLOW THE GENERAL ASSEMBLY
AND THE STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF THE TAX
EXPENDITURE
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
PPROVED NONPROFIT OR GANIZATION " MEANS A NONPROFIT
ORGANIZATION THAT PROVIDES A QUALIFYING ACTIVITY AND THAT HAS
BEEN REVIEWED AND APPROVED BY THE DIVISION AS SPECIFIED IN
SUBSECTION
(5) OF THIS SECTION AND HAS A HISTORY OR TRACK RECORD OF
SUCCESS IN DELIVERING SERVICES AND DEMONSTRATED FINANCIAL
VIABILITY
.
(b) "A
PPROVED PROJECT" MEANS A PROJECT ADMINISTERED BY AN
APPROVED NONPROFIT ORGANIZATION THAT HAS BEEN EVALUATED
,
REVIEWED, AND APPROVED BY THE DIVISION AS SPECIFIED IN SUBSECTION (5)
OF THIS SECTION, AND THAT IMPLEMENTS ONE OR MORE QUALIFYING
ACTIVITIES
.
(c) "C
APITAL CAMPAIGN" MEANS A CAMPAIGN THAT ENCOURAGES
PUBLIC AND PRIVATE PARTNERSHIPS AND IS FOCUSED ON RAISING FUNDS FOR
A SPECIFIC CAPITAL PROJECT
. THE CAPITAL PROJECT MUST INVOLVE
CONSTRUCTION AND IMPLEMENTATION THAT COMMENCES WITHIN THREE
PAGE 2-HOUSE BILL 22-1083 YEARS OF THE PROJECT BEING APPROVED BY THE DIVISION . A "CAPITAL
CAMPAIGN
" MUST INCLUDE A CAMPAIGN FOR ONE OR MORE OF THE
FOLLOWING
:
(I) S
UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES
EXPERIENCING HOMELESSNESS
;
(II) C
OMMUNITY OVERNIGHT SHELTERS , COMMUNITY DAY SHELTERS,
OR EMERGENCY SHELTERS ;
(III) F
ACILITIES, INCLUDING THE ACQUISITION OR REHABILITATION
OF FACILITIES
, USED TO PROVIDE HOUSING OR SERVICES TO INDIVIDUALS OR
FAMILIES EXPERIENCING HOMELESSNESS
, INCLUDING FACILITIES THAT ARE
NECESSARY TO PERFORM QUALIFYING SERVICES
; OR
(IV) FACILITIES NEEDED TO PROVIDE ADMINISTRATIVE SUPPORT FOR
APPROVED PROJECTS
.
(d) "D
IVISION OF HOUSING" OR "DIVISION" MEANS THE DIVISION OF
HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
24-32-704.
(e) "I
N-KIND CONTRIBUTION" MEANS A CONTRIBUTION THAT IS NOT
A MONETARY CONTRIBUTION AND IS VALUED OVER FIVE T HOUSAND DOLLARS
PURSUANT TO AN INDEPENDENT THIRD
-PARTY VALUATION, INCLUDING A
CONTRIBUTION OF PROPERTY
, SERVICES, STOCKS, BONDS, OR OTHER
INTANGIBLE PROPERTY
.
(f) "M
ONETARY CONTRIBUTION" MEANS A CONTRIBUTION IN UNITED
STATES CURRENCY IN ANY FORM , INCLUDING CASH, PAYMENT MADE BY
CHECK
, ELECTRONIC FUNDS TRANSFER, DEBIT CARD, OR CREDIT CARD.
(g) "N
ONPROFIT ORGANIZATION" MEANS ANY ORGANIZATION IN
GOOD STANDING WITH THE SECRETARY OF STATE THAT IS EXEMPT FROM
TAXATION PURSUANT TO SECTION
501 (a) OF THE FEDERAL "INTERNAL
REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (a), AS AMENDED, AND LISTED
AS AN EXEMPT ORGANIZATION IN SECTION
501 (c)(3) OF THE FEDERAL
"INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501 (c)(3), AS
AMENDED
.
PAGE 3-HOUSE BILL 22-1083 (h) "OPERATIONAL SERVICE" MEANS A SERVICE WITH THE PRIMARY
FOCUS ON ASSISTING INDIVIDUALS OR FAMILIES EXPERIENCING
HOMELESSNESS OR
, IN THE CASE OF PREVENTION, INDIVIDUALS OR FAMILIES
FACING IMMINENT RISK OF HOMELESSNESS
. AN OPERATIONAL SERVICE MUST
ALSO BE A SERVICE THAT SUPPORTS OR PROVIDES
:
(I) O
UTREACH EFFORTS TO ENGAGE OR PROVIDE SERVICES TO
UNSHELTERED INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS
;
(II) S
AFE EMERGENCY, TEMPORARY, OR TRANSITIONAL SHELTERS,
SUCH AS DAY SHELTERS, THAT MAY INCLUDE SUPPORTIVE SERVICES TO
INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS
;
(III) P
REVENTION SERVICES THAT TARGET INDIVIDUALS OR FAMILIES
FACING IMMINENT RISK OF HOMELESSNESS AS DEFINED BY THE DEPARTMENT
OF LOCAL AFFAIRS
;
(IV) S
UPPORTIVE HOUSING FOR INDIVIDUALS OR FAMILIES
EXPERIENCING HOMELESSNESS OR WHO WOULD OTHERWISE BE HOMELESS
;
(V) S
ERVICES DESIGNED TO ASSIST INDIVIDUALS OR FAMILIES
EXPERIENCING HOMELESSNESS TO OBTAIN AN EMPLOYMENT OUTCOME
,
INCLUDING JOB PLACEMENT SERVICES , SERVICES THAT HELP INDIVIDUALS
BECOME WORKFORCE READY
;
(VI) C
ASE MANAGEMENT, INCLUDING ESTABLISHING CLIENT GOALS
FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS AND
COORDINATION OF REFERRALS TO ADDRESS HEALTH OR MENTAL HEALTH
BENEFIT PROCUREMENT AND PROCUREMENT OF OTHER ESSENTIAL SERVICES
FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS
;
(VII) S
HELTERS AND SERVICES FOR SURVIVORS OF DOMESTIC
VIOLENCE WHO ARE FLEEING AN ABUSIVE HOUSEHOLD
; OR
(VIII) THE IMPLEMENTATION AND OPERATION OF SUCCESSOR
PROJECTS OR OTHER SERVICES FOR INDIVIDUALS OR FAMILIES EXPERIENCING
HOMELESSNESS THAT ARE IDENTIFIED BY THE DIVISION AS EMERGING
,
PROMISING, AND PROVIDING BEST PRACTICES.
(i) "Q
UALIFYING ACTIVITY" MEANS A CAPITAL CAMPAIGN OR AN
PAGE 4-HOUSE BILL 22-1083 OPERATIONAL SERVICE.
(j) "T
AXPAYER" MEANS A RESIDENT INDIVIDUAL OR A DOMESTIC OR
FOREIGN CORPORATION SUBJECT TO PART
3 OF THIS ARTICLE 22, A
PARTNERSHIP
, S CORPORATION, OR OTHER SIMILAR PASS-THROUGH ENTITY,
ESTATE, OR TRUST THAT MAKES A CONTRIBUTION AS AN ENTITY , AND A
PARTNER
, MEMBER, AND SUBCHAPTER S SHAREHOLDER OF SUCH A
PASS
-THROUGH ENTITY.
(3) (a) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
1, 2023, BUT BEFORE JANUARY 1, 2027, EXCEPT AS PROVIDED IN SUBSECTION
(3)(b) OF THIS SECTION, ANY TAXPAYER WHO MAKES A MONETARY OR
IN
-KIND CONTRIBUTION TO AN APPROVED NONPROFIT ORGANIZATION , OR TO
AN APPROVED PROJECT ADMINISTERED BY AN APPROVED NONPROFIT
ORGANIZATION
, IS ALLOWED A CREDIT EQUAL TO TWENTY-FIVE PERCENT OF
THE TOTAL VALUE OF THE CONTRIBUTION
, SUBJECT TO THE LIMITATIONS
SPECIFIED IN SUBSECTION
(3)(d) OF THIS SECTION.
(b) I
F A TAXPAYER MAKES A MONETARY OR IN -KIND CONTRIBUTION
TO AN APPROVED NONPROFIT ORGANIZATION
, OR TO AN APPROVED PROJECT
ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION
, IN AN
UNDERSERVED
, RURAL COUNTY, AS DEFINED BY THE DIVISION IN ITS
GUIDELINES FOR THE PROGRAM
, THEN THE TAXPAYER IS ALLOWED A CREDIT
EQUAL TO THIRTY PERCENT OF THE TOTAL VALUE OF THE CONTRIBUTION
,
SUBJECT TO THE LIMITATIONS IN SUBSECTION (3)(d) OF THIS SECTION.
(c) T
HE APPROVED NONPROFIT ORGANIZATION THAT RECEIVES THE
ALLOWABLE CONTRIBUTION SHALL ISSUE A TAX CREDIT CERTIFICATE TO
EACH TAXPAYER THAT MAKES AN ALLOWABLE CONTRIBUTION PURSUANT TO
SUBSECTIONS
(3)(a) OR (3)(b) OF THIS SECTION; EXCEPT THAT THE
APPROVED NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT
CERTIFICATES THAT TOTAL MORE THAN SEVEN HUNDRED FIFTY THOUSAND
DOLLARS PER INCOME TAX YEAR
, AND IF THE APPROVED NONPROFIT
ORGANIZATION ADMINISTERS ONE OR MORE APPROVED PROJECTS
, IN
ADDITION TO PROVIDING A QUALIFYING SERVICE
, THEN THE APPROVED
NONPROFIT ORGANIZATION SHALL NOT ISSUE TAX CREDIT CERTIFICATES FOR
ALLOWABLE CONTRIBUTIONS TO ONE OR MORE APPROVED PROJECTS THAT
TOTAL MORE THAN AN ADDITIONAL SEVEN HUNDRED FIFTY THOUSAND
DOLLARS PER INCOME TAX YEAR
. THE TAX CREDIT CERTIFICATE MUST STATE
THE AMOUNT OF THE ALLOWABLE CONTRIBUTION
, THE TAXPAYER'S NAME,
PAGE 5-HOUSE BILL 22-1083 THE TAXPAYER'S SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER
IDENTIFICATION NUMBER
, THE TYPE OF THE CONTRIBUTION, THE DATE THE
TAXPAYER MADE THE CONTRIBUTION
, THE AMOUNT OF THE TAX CREDIT
THAT IS AUTHORIZED FOR THAT TAXPAYER
, AND ANY OTHER INFORMATION
THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE MAY
REQUIRE
. TAX CREDIT CERTIFICATES SHALL BE ISSUED IN THE ORDER OF
RECEIVED ALLOWABLE CONTRIBUTIONS
.
(d) (I) (A) T
HE CREDIT ALLOWED IN SUBSECTIONS (3)(a) AND (3)(b)
OF THIS SECTION SHALL NOT EXCEED ONE HUNDRED THOUS AND DOLLARS PER
TAXPAYER PER TAX YEAR
.
(B) F
OR A CONTRIBUTION MADE PURSUANT TO SUBSECTIONS (3)(a)
OR (3)(b) OF THIS SECTION THAT IS MADE IN A CASH PAYMENT , THE
CONTRIBUTION MUST BE EQUAL TO OR GREATER THAN ONE HUNDRED
DOLLARS
.
(C) I
N THE CASE OF A PARTNERSHIP, S CORPORATION, OR OTHER
SIMILAR PASS
-THROUGH ENTITY, THE LIMITATIONS IN THIS SUBSECTION
(3)(d) APPLY AT THE ENTITY LEVEL.
(II) I
N NO EVENT IS A CREDIT ALLOWED PURSUANT TO THIS SECTION
FOR CONTRIBUTIONS THAT DIRECTLY BENEFIT THE TAXPAYER
. IF A
TAXPAYER RECEIVES A BENEFIT FOR THE CONTRIBUTION
, THE VALUE OF THE
CONTRIBUTION IS REDUCED BY THE VALUE OF THE BENEFIT RECEIVED BY THE
TAXPAYER TO ARRIVE AT THE CONTRIBUTION THAT MAY BE CERTIFIED FOR
THE INCOME TAX CREDIT ALLOWED IN THIS SECTION
.
(III) I
F THE AMOUNT OF THE ALLOWED CREDIT EXCEEDS THE AM OUNT
OF INCOME TAXES OTHERWISE DUE ON THE INCOME OF THE TAXPAYER IN THE
INCOME TAX YEAR FOR WHICH THE CREDIT IS BEING CLAIMED
, THE AMOUNT
OF THE CREDIT NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THAT
INCOME TAX YEAR MAY BE CARRIED FORWARD AS A CREDIT AGAINST
SUBSEQUENT YEARS
' INCOME TAX LIABILITY FOR A PERIOD NOT EXCEEDING
FIVE YEARS AND MUST BE APPLIED FIRST TO THE EARLIEST INCOME TAX
YEARS POSSIBLE
. ANY CREDIT REMAINING AFTER THE PERIOD MAY NOT BE
REFUNDED OR CREDITED TO THE TAXPAYER
.
(4) O
N OR BEFORE NOVEMBER 1, 2022, AND ON OR BEFORE
NOVEMBER 1 OF EACH YEAR THEREAFTER, THE DIVISION SHALL DEVELOP
PAGE 6-HOUSE BILL 22-1083 AND POST ON THE DIVISION'S WEBSITE A LIST, INCLUDING A DESCRIPTION, OF
ALL APPROVED NONPROFIT ORGANIZATIONS AND ANY APPROVED PROJECTS
ADMINISTERED BY AN APPROVED NONPROFIT ORGANIZATION TO WHICH
TAXPAYERS MAY CONTRIBUTE DURING THE NEXT CALENDAR YEAR FOR THE
PURPOSE OF RECEIVING A TAX CREDIT PURSUANT TO THIS SECTION
. ANY
MODIFICATIONS TO THE LIST
, INCLUDING NONPROFIT ORGANIZATIONS OR
PROPOSED PROJECTS OF AN APPROVED NONPROFIT ORGANIZATION THAT ARE
LATER APPROVED
, MUST BE POSTED ON THE DIVISION'S WEBSITE NO LATER
THAN SIXTY DAYS AFTER THE MODIFICATION IS MADE
. THE DIVISION SHALL
REVIEW A PROPOSED NONPROFIT ORGANIZATION AND ANY PROPOSED
PROJECT OF AN APPROVED NONPROFIT ORGANIZATION FOR ELIGIBILITY AND
APPROVAL AS DESCRIBED IN SUBSECTION
(5) OF THIS SECTION.
(5) (a) (I) A
NONPROFIT ORGANIZATION SHALL APPLY TO THE
DIVISION FOR APPROVAL TO RECEIVE ALLOWABLE CONTRIBUTIONS UNDER
THIS SECTION
, INCLUDING APPROVAL OF A PROPOSED PROJECT . THE
APPLICATION MUST
:
(A) S
ET FORTH THE QUALIFYING ACTIVITY THAT THE NONPROFIT
ORGANIZATION PROVIDES
, AND, IN ADDITION, FOR A PROPOSED PROJECT, THE
QUALIFYING ACTIVITY THAT THE PROJECT WILL IMPLEMENT
;
(B) P
ROVIDE A LETTER OF APPR OVAL FROM THE NONPROFIT
ORGANIZATION
'S BOARD OF DIRECTORS;
(C) P
ROVIDE EVIDENCE THAT THE NONPROFIT ORGANIZATION IS IN
GOOD STANDING WITH THE SECRETARY OF STATE
; AND
(D) SUBMIT A RECENT AUDIT OR FINANCIAL REPORT TO THE DIVISION
IN A FORM THAT IS ACCEPTABLE TO THE DIVISION
.
(II) A
N ORGANIZATION THAT HAS A PROGRAM AS SET FORTH IN
SECTION
39-30-103.5 (3)(a) THAT HAS BEEN APPROVED BY THE COLORADO
ECONOMIC DEVELOPMENT COMMISSION UNDER SECTION
39-30-103.5 IS
DEEMED APPROVED FOR PURPOSES OF COMPLIANCE WITH THIS SECTION TO
RECEIVE ELIGIBLE CONTRIBUTIONS UNLESS OTHERWISE SPECIFICALLY
DISAPPROVED BY THE DIVISION SO LONG AS THE ORGANIZATION
:
(A) I
S A NONPROFIT;
PAGE 7-HOUSE BILL 22-1083 (B) PROVIDES OR HAS THE INTENT TO PROVIDE A QUALIFYING
ACTIVITY
;
(C) C
AN PROVIDE A LETTER OF A PPROVAL FROM ITS BOARD OF
DIRECTORS
;
(D) S
UBMITS A RECENT AUDIT OR FINANCIAL REPORT TO THE
DIVISION IN A FORM THAT IS ACCEPTABLE TO THE DIVISION
; AND
(E) NO LATER THAN FOUR YEARS FROM THE EFFECTIVE DATE OF THIS
SECTION
, SUBMITS AN APPLICATION FOR REAPPROVAL PURSUANT TO
SUBSECTION
(5)(g) OF THIS SECTION.
(III) W
HEN REVIEWING APPLICATIONS AND ORGANIZATIONS FOR
APPROVAL PURSUANT TO SUBSECTIONS
(5)(a)(I) AND (5)(a)(II) OF THIS
SECTION
, WITH RESPECT TO A NONPROFIT ORGANIZATION 'S PROPOSED
QUALIFYING ACTIVITY OR ACTIVITIES
, THE DIVISION SHALL CONSIDER THE
FINANCIAL MANAGEMENT CAPACITY AND OPERATIONAL CAPACITY OF THE
NONPROFIT ORGANIZATION AND EVALUATE THE CAPABILITY OF THE
NONPROFIT ORGANIZATION TO ENTER A MONITORING AGREEMENT FOR THE
PURPOSE OF THE DIVISION EVALUATING THE EFFICACY OF THE NONPROFIT
ORGANIZATION AND ITS QUALIFYING ACTIVITY OR ACTIVITIES
.
(b) T
HE DIVISION SHALL REVIEW APPLICATIONS RECEIVED PURSUANT
TO SUBSECTION
(5)(a) OF THIS SECTION IN A TIMELY MANNER AND IN A TIME
FRAME SET FORTH IN THE DIVISION
'S GUIDELINES FOR THE PROGRAM . THE
DIVISION SHALL ISSUE A NOTICE OF APPROVAL OR DISAPPR OVAL OF A
NONPROFIT ORGANIZATION
, A PROPOSED PROJECT, OR BOTH IN WRITING.
(c) T
HE DIVISION IS AUTHORIZED TO HOLD HEARINGS IN ORDER TO
REVIEW A NONPROFIT ORGANIZATION
'S REQUEST TO RECONSIDER A DECISION
REGARDING DISAPPROVAL WITHIN THIRTY DAYS AFTER THE DATE OF THE
DISAPPROVAL NOTICE
.
(d) O
NCE APPROVED, THE NONPROFIT ORGANIZATION SHALL
MAINTAIN AN ACCOUNTING SYSTEM AND APPROPRIATE RECORDS TO TRACK
CONTRIBUTIONS RECEIVED BY TAXPAYERS FOR WHICH A TAX CREDIT WAS
ALLOWED UNDER THIS SECTION AND TO ACCURATELY ASSOCIATE THE USE OF
THE CONTRIBUTIONS WITH QUALIFYING ACTIVITIES
, AN APPROVED PROJECT,
OR BOTH.
PAGE 8-HOUSE BILL 22-1083 (e) THE DIVISION SHALL SPECIFY IN PROGRAM GUIDELINES WHAT
INFORMATION REGARDING QUALIFYING ACTIVITIES MUST BE REPORTED BY
THE NONPROFIT ORGANIZATION AND CAN REQUEST FROM THE NONPROFIT
ORGANIZATION AN AUDIT OR FINANCIAL REPORT IN A FORM THAT IS
ACCEPTABLE TO THE DIVISION
.
(f) (I) N
O LATER THAN FEBRUARY 15, 2023, THE DIVISION SHALL
COMPLETE A REVIEW OF EVERY ORGANIZATION AND PROJECT DEEMED
APPROVED UNDER SUBSECTION
(5)(a)(II) OF THIS SECTION, AND NO LATER
THAN
FEBRUARY 15, 2024, AND FEBRUARY 15 OF EACH YEAR THEREAFTER,
THE DIVISION SHALL COMPLETE A REVIEW OF EVERY OTHER APPROVED
NONPROFIT ORGANIZATION AND APPROVED PROJECT TO EVALUATE
PERFORMANCE AND COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
.
T
HE DIVISION MUST REVIEW THE QUALIFYING ACTIVITIES BEING PROVIDED
AND DETERMINE HOW THE ACTIVITIES ARE ADDRESSING CURRENT AND
EMERGING NEEDS OF INDIVIDUALS AND FAMILIES EXPERIENCING
HOMELESSNESS IN EACH APPROVED NONPROFIT OR GANIZATION
'S
COMMUNITY
, OR, IF APPLICABLE, EACH APPROVED PROJECT'S COMMUNITY.
(II) T
HE DIVISION HAS THE AUTHORITY TO MONITOR AND AUDIT
APPROVED NONPROFIT ORGANIZATIONS AND THEIR PERFORMANCE AND MAY
DISAPPROVE AN APPROVED NONPROFIT ORGANIZATION OR AN APPROVED
PROJECT OF AN APPROVED NONPROFIT ORGANIZATION IF THE APPROVED
NONPROFIT ORGANIZATION IS NOT MEETING EXPECTATIONS OR IF THE
APPROVED NONPROFIT ORGANIZATION IS OTHERWISE NOT IN COMPLIANCE
WITH OBJECTIVES OUTLINED IN THIS SECTION OR PROGRAM GUIDELINES
, OR,
IF APPLICABLE, IN THE PROJECT PROPOSAL . THE DIVISION SHALL
IMMEDIATELY NOTIFY THE DEPARTMENT OF REVENUE IF AN APPROVED
NONPROFIT ORGANIZATION OR AN APPROVED PROJECT OF AN APPROVED
NONPROFIT ORGANIZATION IS DISAPPROVED AS A RESULT OF A REVIEW OR
AUDIT IN ORDER TO ENSURE THAT CONTRIBUTIONS MADE BY TAXPAYERS ON
OR AFTER THE DATE OF DISAPPROVAL ARE NO LONGER ELIGIBLE FOR THE TAX
CREDIT ALLOWED IN THIS SECTION
.
(g) A
N APPROVED NONPROFIT ORGANIZATION SHALL APPLY FOR
REAPPROVAL WITH THE DIVISION EVERY FOUR YEARS IN THE SAME MANNER
PROVIDED FOR APPROVAL IN SUBSECTION
(5)(a)(I) OF THIS SECTION. WHEN
APPLYING FOR REAPPROVAL
, THE NONPROFIT ORGANIZATION MAY ADD OR
REMOVE QUALIFYING ACTIVITIES IN THE REAPPROVAL APPLICATION
. IT IS
EXPECTED THAT A NONPROFIT OR GANIZATION WILL REVISE ANY PREVIOUSLY
PAGE 9-HOUSE BILL 22-1083 APPROVED GOALS, OBJECTIVES, AND EXPECTED OUTCOMES OF ITS
QUALIFYING ACTIVITIES TO ADJUST TO CHANGES IN COMMUNITY NEEDS
,
EMERGING BEST PRACTICES, AND FEEDBACK FROM THE DIVISION.
(6) T
HE DIVISION SHALL PRESENT AN ANNUAL REVIEW OF APPROVED
NONPROFIT ORGANIZATIONS AND ANY APPROVED PROJECTS ADMINISTERED
BY AN APPROVED NONPROFIT ORGANIZATION TO THE STATE HOUSING BOARD
CREATED IN SECTION
24-32-706. THE ANNUAL REVIEW MUST INCLUDE
INDIVIDUAL AND COLLECTIVE OUTPUTS AND OUTCOMES OF EACH APPROVED
NONPROFIT ORGANIZATION DESCRIBED IN THIS SECTION AND MUST
SUMMARIZE CONTRIBUTIONS RECEIVED AND TAX CREDIT CERTIFICATES
ISSUED FOR THE REPORTING PERIOD
, INCLUDING AN ESTIMATE OF EXPECTED
CONTRIBUTIONS FOR THE UPCOMING CALENDAR YEAR
.
(7) T
HE DIVISION SHALL DEVELOP PROGRAM GUIDELINES , WITH
STAKEHOLDER INVOLVEMENT
, FOR THE ADMINISTRATION OF THIS SECTION.
(8) (a) O
N OR BEFORE SEPTEMBER 30 OF EACH CALENDAR YEAR, THE
STATE DIRECTOR OF HOUSING OR THE DIRECTOR
'S DESIGNEE SHALL
TRANSMIT TO THE DEPARTMENT OF REVENUE THE DATA REGARDING INCOME
TAX CREDITS ALLOWED PURSUANT TO THIS SECTION THAT ARE CERTIFIED OR
APPROVED BY THE DIVISION FROM
JANUARY 1 THROUGH JUNE 30 OF THE
SAME CALENDAR YEAR
.
(b) O
N OR BEFORE MARCH 31 OF EACH CALENDAR YEAR, THE STATE
DIRECTOR OF HOUSING OR THE DIRECTOR
'S DESIGNEE SHALL TRANSMIT TO
THE DEPARTMENT OF REVENUE THE DATA REGARDING INCOME TAX CREDITS
ALLOWED PURSUANT TO THIS SECTION THAT ARE CERTIFIED OR APPROVED BY
THE DIVISION FROM
JULY 1 THROUGH DECEMBER 31 OF THE PREVIOUS
CALENDAR YEAR
.
(9) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2040.
SECTION 2. In Colorado Revised Statutes, 39-30-103.5, amend
(3)(a) introductory portion; and add (3)(c) as follows:
39-30-103.5. Credit against tax - contributions to enterprise zone
administrators to implement economic development plans - repeal.
(3) (a) P
RIOR TO JANUARY 1, 2023, monetary or in-kind contributions to
promote temporary, emergency, or transitional housing programs for the
PAGE 10-HOUSE BILL 22-1083 homeless that offer or provide referrals to child care, job placement, and
counseling services for the purpose of promoting employment for homeless
persons in enterprise zones shall be deemed to be for the purpose of
implementing the economic development plan for the enterprise zone and
shall include but not be limited to the following types of contributions:
(c) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE DECEMBER 31,
2032.
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$129,613 is appropriated to the department of local affairs. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $30,595 for use by executive director's office for payments to
OIT;
(b) $83,268 for use by the division of housing for personal services,
which amount is based on an assumption that the division will require an
additional 1.2 FTE; and
(c) $15,750 for use by the division of housing for operating
expenses.
(2) For the 2022-23 state fiscal year, $30,595 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
local affairs under subsection (1)(a) of this section. To implement this act,
the office may use this appropriation to provide information technology
services for the department of local affairs.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 11-HOUSE BILL 22-1083 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-HOUSE BILL 22-1083