First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction 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 3rd Reading Unamended March 10, 2025 HOUSE Amended 2nd Reading March 7, 2025 HOUSE SPONSORSHIP Stewart K. and McCormick, Bacon, Boesenecker, Duran, Lindsay, Lukens, McCluskie, Stewart R., Titone 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), (3)(a.7), and (3)(h) as follows:5 30-11-107.5. Lodging tax. (1) In accordance with the procedures6 set forth in this section, the board of county commissioners of each7 county, for one or more of the purposes specified in subsection (1.5) of8 this section, may levy a county lodging tax of not more than two FIVE9 percent on the purchase price paid or charged to persons for rooms or10 accommodations as included in the definition of "sale" in section11 39-26-102 (11); No tax shall EXCEPT THAT THE TAX DOES NOT apply12 within any municipality levying a lodging tax.13 (1.5) (a) Subject to the limitation set forth in subsection (1.5)(b)14 of this section, a county board of commissioners may levy the tax15 specified in subsection (1) of this section for the purpose of:16 1247-2- (II) Housing and childcare for the tourism-related workforce,1 including seasonal workers, and for other workers in the community; or2 (IV) P UBLIC INFRASTRUCTURE MAINTENANCE OR IMPROVEMENTS ;3OR4 5 (V) ENHANCING PUBLIC SAFETY MEASURES BY FUNDING LOCAL6 LAW ENFORCEMENT , FIRE DEPARTMENTS, AND EMERGENCY MEDICAL7 SERVICES.8 (b) If, after January 1, 2022, there is a new lodging tax created or9 the allowable uses of an existing lodging tax are expanded in accordance10 with subsection (3)(a.5) OR (3)(a.7) of this section, at least ten percent of11 the lodging tax revenue must be used for the purpose of advertising and12 marketing local tourism.13 (2) (c) Any person or entity providing rooms or accommodations14 as included in the definition of "sale" referred to in subsection (1) of this15 section shall be IS liable and responsible for the payment of an amount16 equivalent of up to two FIVE percent of all such sales made and shall17 quarterly, unless otherwise provided by law, make a return to the18 executive director of the department of revenue for the preceding19 tax-reporting period and remit an amount equivalent up to the said two20 FIVE percent on such sales to said executive director.21 (3) (a) The board of county commissioners may, by resolution,22 approve a proposal for a county lodging tax OR TO INCREASE THE RATE OF23 AN EXISTING LODGING TAX ; thereupon, such proposal for the county24 lodging tax OR INCREASED RATE shall be referred to the registered electors25 of the unincorporated areas and the municipalities subject to the lodging26 tax at a special GENERAL OR A COORDINATED election. held for such27 1247 -3- purpose. Any such election may be combined with any other special1 election. On and after January 1, 1989, such tax may only be approved at2 a general election.3 (a.5) If, prior to January 1, 2022, the voters of a county approved4 a county lodging tax for the purpose of advertising and marketing local5 tourism, the board of county commissioners may, by resolution, approve6 a proposal to allow the county lodging tax revenues to also be used for7 any of the additional purposes specified in subsection (1.5) SUBSECTION8 (1.5)(a)(II) OR (1.5)(a)(III) of this section. The county shall refer the9 proposal to the registered electors of the unincorporated areas and the10 municipalities subject to the lodging tax at the next general OR11 COORDINATED election. 12 (a.7) I F, PRIOR TO JANUARY 1, 2025, THE VOTERS OF A COUNTY13 APPROVED A COUNTY L ODGING TAX FOR THE PURPOSES SPECIFIED IN14 SUBSECTION (1.5)(a)(I), (1.5)(a)(II), OR (1.5)(a)(III) OF THIS SECTION, THE15 BOARD OF COUNTY COMMISSIONERS MAY , BY RESOLUTION, APPROVE A16 PROPOSAL TO ALLOW THE COUNTY LODGING TAX REVENUES TO ALSO BE17 USED FOR ANY OF THE ADDITIONAL PURPOSES SPECIFIED IN SUBSECTION18(1.5)(a)(IV) OR (1.5)(a)(V) OF THIS SECTION.19 (b) (II) If any additional lodging tax or statewide tax on lodging20 facilities is enacted or levied after January 1, 1987, which in combination21 with the lodging tax authorized by this section exceeds two FIVE percent,22 the tax under this section shall be reduced by that amount that the total tax23 exceeds the two FIVE percent maximum specified in subsection (1) of this24 section.25 (f) (I) If a proposal for a county lodging tax OR AN INCREASE IN26 THE RATE OF AN EXISTING LODGING TAX under subsection (3)(a) of this27 1247 -4- section is approved by a majority of the registered electors from the1 municipality or unincorporated area subject to the lodging tax voting2 thereon, the county lodging tax OR INCREASED RATE becomes effective as3 provided in part 2 of article 2 of title 29. If a proposal to expand the4 allowable uses under subsection (3)(a.5) OR (3)(a.7) of this section is5 approved by a majority of the registered electors from the municipality or6 unincorporated area voting thereon, the county may also use the lodging7 tax revenue for any of the additional approved uses as specified in8 subsection (1.5) of this section.9 (g) If a county seeks to use lodging tax revenue for a purpose10 specified in subsection (1.5)(a)(II) or (1.5)(a)(III) SUBSECTION (1.5)(a) of11 this section, then the ballot issue authorizing the use must specify how the12 county will spend the lodging tax revenue under either subsection;13 EXCEPT THAT, THIS REQUIREMENT DOES NOT APPLY IF A COUNTY SEEKS TO14 USE LODGING TAX REVENUE FOR THE PURPOSE OF ADVERTISING AND15 MARKETING LOCAL TOURISM SET FORTH IN SUBSECTION (1.5)(a)(I) OF THIS16 SECTION.17 (h) (I) I F, PRIOR TO JANUARY 1, 2025, VOTERS OF A COUNTY18 APPROVED SPECIFIC ALLOCATIONS OF LODGING TAX REVENUE FOR19 DESIGNATED PURPOSES AND THE COUNTY SUBSEQUENTLY SEEKS VOTER20 APPROVAL TO INCREASE THE RATE OF THE EXISTING TAX , THE PREVIOUSLY21 APPROVED ALLOCATIONS ARE PRESERVED AS FOLLOWS :22 (A) T HE DOLLAR AMOUNT OR PERCENTAGE OF THE LODGING TAX23 REVENUE DEDICATED TO VOTER -APPROVED PURPOSES UNDER THE TAX24 RATE IN EFFECT AT THE TIME OF THE VOTER APPROVAL REMAINS IN EFFECT25 AS A BASELINE REGARDLESS OF ANY SUBSEQUENTLY APPROVED TAX RATE26 INCREASE OR APPROVAL OF ADDITIONAL ALLOWABLE USES . ANY27 1247 -5- ADDITIONAL ALLOCATION OF REVENUE PURSUANT TO SUBSECTION1 (3)(h)(II) OF THIS SECTION DOES NOT REDUCE OR OTHERWISE AFFECT THE2 BASELINE ALLOCATION PRESERVED IN THIS SUBSECTION (3)(h)(I).3 (B) T HE PRESERVED ALLOCATION SET FORTH IN SUBSECTION4 (3)(h)(I)(A) OF THIS SECTION IS CALCULATED BASED ON THE TAX RATE IN5 EFFECT AT THE TIME OF VOTER APPROVAL , REGARDLESS OF ANY6 SUBSEQUENT INCREASE IN THE OVERALL TAX RATE .7 (II) A COUNTY THAT RECEIVES VOTER APPR OVAL FOR AN INCREASE8 IN THE TAX RATE AFTER JANUARY 1, 2025, IN ACCORDANCE WITH9 SUBSECTION (3)(a) OF THIS SECTION AND THAT BEFORE JANUARY 1, 2025,10 RECEIVED VOTER APPROVAL TO SPECIFICALLY ALLOCATE LODGING TAX11 REVENUE UNDER A LOWER RATE MAY ALLOCATE THE REVENUE12 ATTRIBUTABLE TO THE DIFFERENCE BETWEEN THE PREVIOUSLY APPROVED13 LOWER RATE AND THE NEWLY APPROVED INCREASED RATE FOR ANY14 PURPOSES ALLOWED IN SUBSECTION (1.5)(a) OF THIS SECTION INCLUDING15 THE DESIGNATED PURPOSES THAT PREVIOUSLY RECEIVED VOTER16 APPROVAL FOR SPECIFIC ALLOCATIONS OF LODGING TAX REVENUE UNDER17 THE TAX RATE AT THE TIME OF THAT VOTER APPROVAL . THE COUNTY MUST18 BE ABLE TO CLEARLY DELINEATE THE AMOUNT OF LODGING TAX REVENUE19 THAT IS SPECIFICALLY ALLOCATED IN ACCORDANCE WITH PRIOR VOTER20 APPROVAL BASED ON THE TAX RATE AT THE TIME OF THAT VOTER21 APPROVAL, ANY ADDITIONAL ALLOCATIONS THE COUNTY MAKES TO THE22 PURPOSES THAT RECEIVED VOTER APPROVAL FOR THE SPECIFIC23 ALLOCATIONS, AND ALLOCATIONS OF LODGING TAX REVENUE FOR24 ADDITIONAL PURPOSES SPECIFIED IN SUBSECTION (1.5)(a)(IV) OR25 (1.5)(a)(V) OF THIS SECTION THAT THE COUNTY RECEIVES VOTER26 APPROVAL FOR IN ACCORDANCE WITH SUBSECTION (3)(a.7) OF THIS27 1247 -6- SECTION.1 (III) N OTHING IN THIS SECTION PREVENTS A COUNTY FROM2 SEEKING VOTER APPROVAL TO MODIFY PREVIOUSLY APPROVED SPECIFIC3 ALLOCATIONS OF LODGING TAX REVENUE FOR THE ALLOWED PURPOSES SET4 FORTH IN SUBSECTION (1.5)(a) OF THIS SECTION.5 (4) (a) All revenue collected from such county lodging tax, except6 the amounts retained under subsection (2) of this section, shall be credited7 to a special fund designated as the county lodging tax fund, hereby8 created. The fund shall be used only for the purposes approved by voters9 and to reimburse the general fund of the county for the cost of the election10 in accordance with subsection (3)(d) of this section. No revenue collected11 from such county lodging tax shall be used for any capital expenditures,12 with the exception of CAPITAL EXPENDITURES FOR THE PURPOSES SET13 FORTH IN SUBSECTION (1.5)(a) OF THIS SECTION.14 (I) Capital expenditures for housing and childcare for the 15 tourism-related workforce, including seasonal workers, and for other16 workers in the community;17 (II) Capital expenditures related to facilitating and enhancing18 visitor experiences; or19 (III) Tourist information centers.20 SECTION 2. Safety clause. The general assembly finds,21 determines, and declares that this act is necessary for the immediate22 preservation of the public peace, health, or safety or for appropriations for23 the support and maintenance of the departments of the state and state24 institutions.25 1247 -7-