First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0781.01 Megan McCall x4215 HOUSE BILL 25-1247 House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNING EXPANSION OF THE COUNTY LODGING TAX .101 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 .) Under current law, counties may levy a county lodging tax (tax) of up to 2% on the purchase price paid or charged to persons for rooms or accommodations. Revenue from the tax is allowed to be used for the following purposes: ! Advertising and marketing local tourism; ! Housing and childcare for the tourism-related workforce; or ! Facilitating and enhancing visitor experiences. HOUSE SPONSORSHIP Stewart K. and McCormick, SENATE SPONSORSHIP Roberts and Simpson, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Subject to local voter approval, the bill increases the allowed rate of the tax to up to 6% and expands the allowed uses to the following additional purposes: ! Public infrastructure maintenance or improvements; ! Preservation of natural landscapes and wildlife habitats and promotion of sustainable tourism practices; ! Cultural and historical preservation through restoration and maintenance of historical sites, museums, and cultural institutions; or ! Enhancing public safety measures by funding local law enforcement, fire departments, and emergency medical services. If a county received voter approval before January 1, 2025, to specifically allocate portions of revenue from the lodging tax to allowed uses for designated purposes, the bill clarifies how those previously approved allocations are preserved and how revenue attributable to an increase in the tax rate may be allocated by the county. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 30-11-107.5, amend2 (1), (1.5)(a)(II), (1.5)(b), (2)(c), (3)(a), (3)(a.5), (3)(b)(II), (3)(g), and3 (4)(a); amend as it will become effective July 1, 2025, (3)(f)(I); and add4 (1.5)(a)(IV), (1.5)(a)(V), (1.5)(a)(VI), (1.5)(a)(VII), (3)(a.7), and (3)(h)5 as follows:6 30-11-107.5. Lodging tax. (1) In accordance with the procedures7 set forth in this section, the board of county commissioners of each8 county, for one or more of the purposes specified in subsection (1.5) of9 this section, may levy a county lodging tax of not more than two SIX10 percent on the purchase price paid or charged to persons for rooms or11 accommodations as included in the definition of "sale" in section12 39-26-102 (11); No tax shall EXCEPT THAT THE TAX DOES NOT apply13 within any municipality levying a lodging tax.14 (1.5) (a) Subject to the limitation set forth in subsection (1.5)(b)15 of this section, a county board of commissioners may levy the tax16 HB25-1247-2- specified in subsection (1) of this section for the purpose of:1 (II) Housing and childcare for the tourism-related workforce,2 including seasonal workers, and for other workers in the community; or3 (IV) P UBLIC INFRASTRUCTURE MAINTENANCE OR IMPROVEMENTS ;4 (V) P RESERVATION OF NATURAL LANDSCAPES AND WILDLIFE5 HABITATS AND PROMOTION OF SUST AINABLE TOURISM PRACTICES ;6 (VI) C ULTURAL AND HISTORICAL PRESERVATION THROUGH7 RESTORATION AND MAINTENANCE OF HISTORICAL SITES , MUSEUMS, AND8 CULTURAL INSTITUTIONS; OR9 (VII) E NHANCING PUBLIC SAFETY MEASURES BY FUNDING LOCAL10 LAW ENFORCEMENT , FIRE DEPARTMENTS, AND EMERGENCY MEDICAL11 SERVICES.12 (b) If, after January 1, 2022, there is a new lodging tax created or13 the allowable uses of an existing lodging tax are expanded in accordance14 with subsection (3)(a.5) OR (3)(a.7) of this section, at least ten percent of15 the lodging tax revenue must be used for the purpose of advertising and16 marketing local tourism.17 (2) (c) Any person or entity providing rooms or accommodations18 as included in the definition of "sale" referred to in subsection (1) of this19 section shall be IS liable and responsible for the payment of an amount20 equivalent of up to two SIX percent of all such sales made and shall21 quarterly, unless otherwise provided by law, make a return to the22 executive director of the department of revenue for the preceding23 tax-reporting period and remit an amount equivalent up to the said two24 SIX percent on such sales to said executive director.25 (3) (a) The board of county commissioners may, by resolution,26 approve a proposal for a county lodging tax OR TO INCREASE THE RATE OF27 HB25-1247 -3- AN EXISTING LODGING TAX ; thereupon, such proposal for the county1 lodging tax OR INCREASED RATE shall be referred to the registered electors2 of the unincorporated areas and the municipalities subject to the lodging3 tax at a GENERAL OR A special election. held for such purpose. Any such 4 election may be combined with any other special election. On and after5 January 1, 1989, such tax may only be approved at a general election.6 (a.5) If, prior to January 1, 2022, the voters of a county approved7 a county lodging tax for the purpose of advertising and marketing local8 tourism, the board of county commissioners may, by resolution, approve9 a proposal to allow the county lodging tax revenues to also be used for10 any of the additional purposes specified in subsection (1.5) SUBSECTION11 (1.5)(a)(II) OR (1.5)(a)(III) of this section. The county shall refer the12 proposal to the registered electors of the unincorporated areas and the13 municipalities subject to the lodging tax at the next general OR SPECIAL14 election. 15 (a.7) I F, PRIOR TO JANUARY 1, 2025, THE VOTERS OF A COUNTY16 APPROVED A COUNTY LODGING TAX FOR THE PURPOSES SPECIFIED IN17 SUBSECTION (1.5)(a)(I), (1.5)(a)(II), OR (1.5)(a)(III) OF THIS SECTION, THE18 BOARD OF COUNTY COMMISSIONERS MAY , BY RESOLUTION, APPROVE A19 PROPOSAL TO ALLOW THE COUNTY LODGING TAX REVENUES TO ALSO BE20 USED FOR ANY OF THE ADDITIONAL PURPOSES SPECIFIED IN SUBSECTION21 (1.5)(a)(IV), (1.5)(a)(V), (1.5)(a)(VI), OR (1.5)(a)(VII) OF THIS SECTION.22 (b) (II) If any additional lodging tax or statewide tax on lodging23 facilities is enacted or levied after January 1, 1987, which in combination24 with the lodging tax authorized by this section exceeds two SIX percent,25 the tax under this section shall be reduced by that amount that the total tax26 exceeds the two SIX percent maximum specified in subsection (1) of this27 HB25-1247 -4- section.1 (f) (I) If a proposal for a county lodging tax OR AN INCREASE IN2 THE RATE OF AN EXISTING LODGING TAX under subsection (3)(a) of this3 section is approved by a majority of the registered electors from the4 municipality or unincorporated area subject to the lodging tax voting5 thereon, the county lodging tax OR INCREASED RATE becomes effective as6 provided in part 2 of article 2 of title 29. If a proposal to expand the7 allowable uses under subsection (3)(a.5) OR (3)(a.7) of this section is8 approved by a majority of the registered electors from the municipality or9 unincorporated area voting thereon, the county may also use the lodging10 tax revenue for any of the additional approved uses as specified in11 subsection (1.5) of this section.12 (g) If a county seeks to use lodging tax revenue for a purpose13 specified in subsection (1.5)(a)(II) or (1.5)(a)(III) SUBSECTION (1.5)(a) of14 this section, then the ballot issue authorizing the use must specify how the15 county will spend the lodging tax revenue under either subsection;16 EXCEPT THAT, THIS REQUIREMENT DOES NOT APPLY IF A COUNTY SEEKS TO17 USE LODGING TAX REVENUE FOR THE PURPOSE OF ADVERTISING AND18 MARKETING LOCAL TOURISM SET FORTH IN SUBSECTION (1.5)(a)(I) OF THIS19 SECTION.20 (h) (I) I F, PRIOR TO JANUARY 1, 2025, VOTERS OF A COUNTY21 APPROVED SPECIFIC ALLOCATIONS OF LODGING TAX REVENUE FOR22 DESIGNATED PURPOSES AND THE COUNTY SUBSEQUENTLY SEEKS VOTER23 APPROVAL TO INCREASE THE RATE OF THE EXISTING TAX , THE PREVIOUSLY24 APPROVED ALLOCATIONS ARE PRESERVED AS FOLLOWS :25 (A) T HE DOLLAR AMOUNT OR PERCENTAGE OF THE LODGING TAX26 REVENUE DEDICATED TO VOTER -APPROVED PURPOSES UNDER THE TAX27 HB25-1247 -5- RATE IN EFFECT AT THE TIME OF THE VOTER APPROVAL REMAINS IN EFFECT1 AS A BASELINE REGARDLESS OF ANY SUBSEQUENTLY APPROVED TAX RATE2 INCREASE OR APPROVAL OF ADDITIONAL ALLOWABLE USES . ANY3 ADDITIONAL ALLOCATION OF REVENUE PURSUANT TO SUBSECTION4 (3)(h)(II) OF THIS SECTION DOES NOT REDUCE OR OTHERWISE AFFECT THE5 BASELINE ALLOCATION PRESERVED IN THIS SUBSECTION (3)(h)(I).6 (B) T HE PRESERVED ALLOCATION SET FORTH IN SUBSECTION7 (3)(h)(I)(A) OF THIS SECTION IS CALCULATED BASED ON THE TAX RATE IN8 EFFECT AT THE TIME OF VOTER APPROVAL , REGARDLESS OF ANY9 SUBSEQUENT INCREASE IN THE OVERALL TAX RATE .10 (II) A COUNTY THAT RECEIVES VOTER APPR OVAL FOR AN INCREASE11 IN THE TAX RATE AFTER JANUARY 1, 2025, IN ACCORDANCE WITH12 SUBSECTION (3)(a) OF THIS SECTION AND THAT BEFORE JANUARY 1, 2025,13 RECEIVED VOTER APPROVAL TO SPECIFICALLY ALLOCATE LODGING TAX14 REVENUE UNDER A LOWER RATE MAY ALLOCATE THE REVENUE15 ATTRIBUTABLE TO THE DIFFERENCE BETWEEN THE PREVIOUSLY APPROVED16 LOWER RATE AND THE NEWLY APPROVED INCREASED RATE FOR ANY17 PURPOSES ALLOWED IN SUBSECTION (1.5)(a) OF THIS SECTION INCLUDING18 THE DESIGNATED PURPOSES THAT PREVIOUSLY RECEIVED VOTER19 APPROVAL FOR SPECIFIC ALLOCATIONS OF LODGING TAX REVENUE UNDER20 THE TAX RATE AT THE TIME OF THAT VOTER APPROVAL . THE COUNTY MUST21 BE ABLE TO CLEARLY DELINEATE THE AMOUNT OF LODGING TAX REVENUE22 THAT IS SPECIFICALLY ALLOCATED IN ACCORDANCE WITH PRIOR VOTER23 APPROVAL BASED ON THE TAX RATE AT THE TIME OF THAT VOTER24 APPROVAL, ANY ADDITIONAL ALLOCATIONS THE COUNTY MAKES TO THE25 PURPOSES THAT RECEIVED VOTER APPROVAL FOR THE SPECIFIC26 ALLOCATIONS, AND ALLOCATIONS OF LODGING TAX REVENUE FOR27 HB25-1247 -6- ADDITIONAL PURPOSES SPECIFIED IN SUBSECTION (1.5)(a)(IV), (1.5)(a)(V),1 (1.5)(a)(VI), OR (1.5)(a)(VII) OF THIS SECTION THAT THE COUNTY2 RECEIVES VOTER APPROVAL FOR IN ACCORDANCE WITH SUBSECTION3 (3)(a.7) OF THIS SECTION.4 (III) N OTHING IN THIS SECTION PREVENTS A COUNTY FROM5 SEEKING VOTER APPROVAL TO MODIFY PREVIOUSLY APPROVED SPECIFIC6 ALLOCATIONS OF LODGING TAX REVENUE FOR THE ALLOWED PURPOSES SET7 FORTH IN SUBSECTION (1.5)(a) OF THIS SECTION.8 (4) (a) All revenue collected from such county lodging tax, except9 the amounts retained under subsection (2) of this section, shall be credited10 to a special fund designated as the county lodging tax fund, hereby11 created. The fund shall be used only for the purposes approved by voters12 and to reimburse the general fund of the county for the cost of the election13 in accordance with subsection (3)(d) of this section. No revenue collected14 from such county lodging tax shall be used for any capital expenditures,15 with the exception of CAPITAL EXPENDITURES FOR THE PURPOSES SET16 FORTH IN SUBSECTION (1.5)(a) OF THIS SECTION.17 (I) Capital expenditures for housing and childcare for the 18 tourism-related workforce, including seasonal workers, and for other19 workers in the community;20 (II) Capital expenditures related to facilitating and enhancing21 visitor experiences; or22 (III) Tourist information centers.23 SECTION 2. Safety clause. The general assembly finds,24 determines, and declares that this act is necessary for the immediate25 preservation of the public peace, health, or safety or for appropriations for26 HB25-1247 -7- the support and maintenance of the departments of the state and state1 institutions.2 HB25-1247 -8-