Amendments for HB25-1032
House Journal, February 19
30 HB25-1032 be amended as follows, and as so amended, be referred to
31 the Committee on Appropriations with favorable
32 recommendation:
33
34 Amend printed bill, strike everything below the enacting clause and
35 substitute:
36
37 "SECTION 1. In Colorado Revised Statutes, add part 39 to
38 article 32 of title 24 as follows:
39 39 PART
40 COLORADO INTERAGENCY COUNCIL
41 ON HOMELESSNESS
42 24-32-3901. Legislative declaration. (1) THE GENERAL
43 ASSEMBLY FINDS AND DECLARES THAT:
44 (a) HOMELESSNESS IS ON THE RISE IN COLORADO. THERE WERE
45 FOURTEEN THOUSAND INDIVIDUALS EXPERIENCING HOMELESSNESS ON A
46 SINGLE NIGHT IN JANUARY 2023, WHICH REPRESENTS A THIRTY-NINE
47 PERCENT INCREASE FROM THE PREVIOUS YEAR. IN 2022, OVER ONE
48 HUNDRED THIRTY THOUSAND INDIVIDUALS USING MEDICAID CLAIMED
49 THEY HAD EXPERIENCED HOMELESSNESS IN COLORADO. STUDENT
50 HOMELESSNESS HAS ALSO INCREASED, DESPITE DECLINING ENROLLMENT.
51 (b) INDIVIDUALS EXPERIENCING HOMELESSNESS IN THE SEVEN-
52 COUNTY DENVER-METRO AREA CITED RELATIONSHIP PROBLEMS OR
53 BREAKUPS, INABILITY TO FIND OR MAINTAIN A JOB, FAMILY ISSUES,
54 INABILITY TO PAY RENTS OR MORTGAGES, AND COST OF HOUSING AS THE
55 TOP REASONS CONTRIBUTING TO HOMELESSNESS;
56
1 (c) AS OF 2024, COLORADO WAS THE EIGHTH LEAST AFFORDABLE
2 STATE IN THE NATION ACCORDING TO THE NATIONAL LOW INCOME
3 HOUSING COALITION. THE COALITION FOUND THAT, IN ORDER TO PAY FOR
4 A ONE-BEDROOM HOME, A COLORADO RENTER MUST EITHER MAKE
5 SIXTY-FIVE THOUSAND DOLLARS A YEAR OR WORK EIGHTY-FIVE HOURS A
6 WEEK MAKING MINIMUM WAGE. FORTY PERCENT OF UNSHELTERED
7 INDIVIDUALS HAVE PAYING JOBS, AND ONLY ONE IN FOUR INDIVIDUALS
8 WHO QUALIFY FOR RENTAL SUBSIDIES RECEIVE THEM.
9 (d) ACCORDING TO THE COLORADO FUTURES CENTER, NEARLY
10 HALF OF COLORADO HOUSEHOLDS HAVE ANNUAL INCOMES BELOW
11 SEVENTY- FIVE THOUSAND DOLLARS. THESE HOUSEHOLDS MUST SPEND AN
12 OUTSIZED PORTION OF THEIR EARNINGS ON HOUSING, REPRESENTING OVER
13 FIVE BILLION DOLLARS IN FOREGONE SPENDING IN OTHER SECTORS OF
14 COLORADO'S ECONOMY.
15 (e) HOUSING INSTABILITY IS AT AN ALL-TIME HIGH, AND THERE IS
16 A DEFICIT OF AFFORDABLE HOMES IN COLORADO. FOR INDIVIDUALS IN
17 COLORADO EARNING THIRTY PERCENT OR LESS OF THE AREA MEDIAN
18 INCOME, THERE ARE ONLY TWENTY-SEVEN AVAILABLE HOMES
19 CONSIDERED AFFORDABLE FOR EVERY ONE HUNDRED HOMES NEEDED.
20 (f) COLORADO LACKS SPECIFIC STATEWIDE STRATEGIES NEEDED TO
21 RESOLVE AND PREVENT HOMELESSNESS. THERE IS NO REQUIREMENT OR
22 INFRASTRUCTURE CURRENTLY IN PLACE TO CONVENE STATE AGENCIES,
23 LOCAL GOVERNMENTS, CONTINUUMS OF CARE, NONPROFITS, AND OTHER
24 HOUSING ORGANIZATIONS TO IMPLEMENT HOMELESSNESS SOLUTIONS.
25 (g) THE GENERAL ASSEMBLY INTENDS TO BRING TOGETHER LOCAL
26 GOVERNMENTS, CONTINUUMS OF CARE, NONPROFITS, AND HOUSING AND
27 HOMELESSNESS ORGANIZATIONS TO WORK TOGETHER TO REDUCE AND
28 PREVENT HOMELESSNESS IN COLORADO.
29 24-32-3902. Definitions. AS USED IN THIS PART 39, UNLESS THE
30 CONTEXT OTHERWISE REQUIRES:
31 (1) "CONTINUUM OF CARE ORGANIZATIONS" MEANS THE
32 CONTINUUM OF CARE ORGANIZATIONS ESTABLISHED PURSUANT TO 24 CFR
33 578, INCLUDING THE METRO DENVER HOMELESS INITIATIVE, THE
34 COLORADO BALANCE OF STATE CONTINUUM OF CARE, THE NORTHERN
35 COLORADO CONTINUUM OF CARE, AND THE PIKES PEAK CONTINUUM OF
36 CARE.
37 (2) "COUNCIL" MEANS THE COLORADO INTERAGENCY COUNCIL ON
38 HOMELESSNESS CREATED IN SECTION 24-39-103.
39 (3) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS
40 CREATED IN SECTION 24-1-125.
41 (4) "DESIGNATED ORGANIZATION" MEANS THE NONPROFIT
42 ORGANIZATION THAT MAY BE DESIGNATED PURSUANT TO SECTION
43 24-32-3903.
44 (5) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
45 THE DEPARTMENT OF LOCAL AFFAIRS.
46 (6) "HOMELESSNESS SERVICE PROVIDER" MEANS AN
47 ORGANIZATION PROVIDING AN OPERATIONAL SERVICE.
48 (7) "NONPROFIT PARTNER" MEANS A NONPROFIT ORGANIZATION
49 THAT THE DEPARTMENT HAS CONTRACTED WITH AND DESIGNATED
50 PURSUANT TO SECTION 24-32-3903.
51 (8) "OPERATIONAL SERVICE" HAS THE SAME MEANING AS SET
52 FORTH IN SECTION 39-22-548 (2)(h).
53 (9) "SUPPORTIVE HOUSING" HAS THE SAME MEANING AS SET FORTH
54 IN SECTION 24-32-3701 (17).
55
1 24-32-3903. Colorado interagency council on homelessness -
2 created - advisory powers - report. (1) THE COLORADO INTERAGENCY
3 COUNCIL ON HOMELESSNESS IS CREATED IN THE DEPARTMENT OF LOCAL
4 AFFAIRS. THE COUNCIL, OR A NONPROFIT PARTNER, SHALL ADVISE AND
5 MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON:
6 (a) FACILITATING AND COORDINATING HOMELESSNESS RESPONSE,
7 RESOURCES, AND BEST PRACTICES BETWEEN STATE AND LOCAL PARTNERS;
8 (b) SETTING STATEWIDE STRATEGY FOR HOMELESSNESS
9 RESOLUTION AND PREVENTION;
10 (c) INCREASING ACCESS TO SUPPORTIVE RESOURCES FOR HOMELESS
11 INDIVIDUALS, INCLUDING INCOME BENEFITS, FOOD BENEFITS, HEALTHCARE
12 COVERAGE, AND SUPPORT RELATED TO MENTAL HEALTH AND SUBSTANCE
13 USE;
14 (d) IDENTIFYING AND MAXIMIZING HOUSING RESOURCES PROVIDED
15 BY STATE AGENCIES;
16 (e) IMPROVING CROSS-SYSTEM POLICIES AND PROCEDURES FOR
17 STATE AGENCIES AND HOMELESSNESS SERVICE PROVIDERS; AND
18 (f) ORGANIZING OTHER HOMELESSNESS RESPONSE MEASURES AS
19 THE COUNCIL SEES FIT.
20 (2) THE DEPARTMENT SHALL:
21 (a) CONVENE THE COUNCIL AT LEAST ONCE EVERY MONTH; OR
22 (b) USE A REQUEST FOR PROPOSAL PROCESS TO CONTRACT WITH
23 AND DESIGNATE A NONPROFIT PARTNER THAT WILL CONVENE THE COUNCIL
24 AT LEAST ONCE A MONTH.
25 (3) IF THE DEPARTMENT CONTRACTS WITH A NONPROFIT PARTNER
26 IN ACCORDANCE WITH SUBSECTION (2)(b) OF THIS SECTION, THE
27 CONTRACT MUST REQUIRE THE NONPROFIT PARTNER TO PROVIDE
28 STAFFING, ADMINISTRATIVE, AND OPERATIONAL ASSISTANCE TO THE
29 COUNCIL AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY IN
30 ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION FOR NO MORE THAN
31 SEVENTY-FIVE THOUSAND DOLLARS PER YEAR. THE NONPROFIT PARTNER
32 IS AUTHORIZED TO EXPEND ANY MONEY IT RECEIVES AS NECESSARY TO
33 PROVIDE STAFFING, ADMINISTRATIVE, AND OPERATIONAL SERVICES FOR
34 THE COUNCIL. THE NONPROFIT PARTNER AND THE DEPARTMENT MAY
35 SOLICIT AND ACCEPT MONETARY AND IN-KIND GIFTS, GRANTS, AND
36 DONATIONS USED TO FURTHER THE COUNCIL'S DUTIES AND
37 RESPONSIBILITIES.
38 (4) BEGINNING IN JANUARY 2026, AND IN JANUARY EVERY YEAR
39 THEREAFTER, AS PART OF THE DEPARTMENT'S PRESENTATION DURING ITS
40 "SMART ACT" HEARING REQUIRED BY SECTION 2-7-203, THE COUNCIL
41 SHALL SUBMIT AND PRESENT A REPORT, INCORPORATING INFORMATION
42 AND FEEDBACK RECEIVED FROM THE ADVISORY COMMITTEE CREATED IN
43 SECTION 24-32-3905, WHICH MUST INCLUDE:
44 (a) THE COUNCIL'S PLAN, INCLUDING A TIMELINE, FOR DEVELOPING
45 AND IMPLEMENTING A STATEWIDE STRATEGY ON HOMELESSNESS
46 RESOLUTION AND PREVENTION;
47 (b) IDENTIFICATION OF GAPS AND BARRIERS THAT IMPEDE ACCESS
48 TO OPERATIONAL SERVICES FOR HOMELESS INDIVIDUALS;
49 (c) IDENTIFICATION OF STATE AGENCY-PROVIDED HOUSING
50 RESOURCES, INCLUDING UTILIZATION RATES;
51 (d) RECOMMENDATIONS FOR FUNDING AND POLICIES THAT COULD
52 BE IMPLEMENTED AT THE STATE LEVEL TO SUPPORT HOMELESSNESS
53 PREVENTION AND RESOLUTION;
54
1 (e) RECOMMENDATIONS THAT HAVE BEEN PROPOSED IN
2 COORDINATION WITH CONTINUUM OF CARE ORGANIZATIONS TO IMPROVE
3 THE IMPLEMENTATION OF THE HOMELESS MANAGEMENT INFORMATION
4 SYSTEM, DATA REPORTING, AND COORDINATED ENTRY SYSTEMS;
5 (f) UPDATES ON REGIONAL NAVIGATION CAMPUSES CREATED
6 PURSUANT TO SECTION 24-32-727; AND
7 (g) UPDATES ON CONTINUUM OF CARE ORGANIZATIONS.
8 24-32-3904. Membership. (1) THE COUNCIL CONSISTS OF THE
9 EXECUTIVE DIRECTORS OR DIRECTORS, OR THEIR DESIGNEES, OF THE
10 FOLLOWING STATE AGENCIES:
11 (a) THE GOVERNOR'S OFFICE;
12 (b) THE DEPARTMENT OF LOCAL AFFAIRS;
13 (c) THE DEPARTMENT OF EDUCATION;
14 (d) THE DEPARTMENT OF CORRECTIONS;
15 (e) THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING;
16 (f) THE BEHAVIORAL HEALTH ADMINISTRATION OF THE
17 DEPARTMENT OF HUMAN SERVICES;
18 (g) THE DEPARTMENT OF HUMAN SERVICES;
19 (h) THE DEPARTMENT OF LABOR AND EMPLOYMENT;
20 (i) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT; AND
21 (j) THE DEPARTMENT OF PUBLIC SAFETY.
22 (2) THE EXECUTIVE DIRECTOR MAY APPOINT TO THE COUNCIL THE
23 DIRECTORS, OR THE DIRECTORS' DESIGNEES, OF OTHER STATE AGENCIES OR
24 INDIVIDUALS TO REPRESENT POLITICAL SUBDIVISIONS AS THE EXECUTIVE
25 DIRECTOR DEEMS NECESSARY.
26 24-32-3905. Advisory committee to the Colorado interagency
27 council on homelessness - creation - membership. (1) THE ADVISORY
28 COMMITTEE TO THE COLORADO INTERAGENCY COUNCIL ON
29 HOMELESSNESS IS CREATED TO PROVIDE RECOMMENDATIONS TO INCREASE
30 ACCESS TO HOUSING AND REDUCE HOMELESSNESS FOR ALL COLORADO
31 RESIDENTS.
32 (2) THE ADVISORY COMMITTEE MUST CONSIST OF AT LEAST
33 FIFTEEN MEMBERS WHO HAVE EXPERIENCE WORKING FOR THE RESOLUTION
34 AND PREVENTION OF HOMELESSNESS AND WITH INDIVIDUALS
35 EXPERIENCING HOMELESSNESS. THE EXECUTIVE DIRECTOR SHALL ENSURE
36 EQUITABLE GEOGRAPHIC AND DEMOGRAPHIC REPRESENTATION WHEN
37 APPOINTING COMMITTEE MEMBERS. THE COMMITTEE SHALL CONSIST OF
38 THE FOLLOWING MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR:
39 (a) THE DIRECTOR, OR THE DIRECTOR'S DESIGNEE, OF A NONPROFIT
40 ORGANIZATION WITH A MISSION RELATED TO HOMELESSNESS;
41 (b) THE LEADER OF A FAITH-BASED ORGANIZATION THAT IS
42 PRIMARILY FOCUSED ON HOMELESSNESS RESOLUTION AND PREVENTION;
43 (c) A HOMELESSNESS SERVICE PROVIDER THAT IS PRIMARILY
44 FOCUSED ON SPECIALIZED POPULATIONS EXPERIENCING HOMELESSNESS,
45 INCLUDING VETERANS, SENIORS, PEOPLE LIVING WITH DISABLING
46 CONDITIONS, PEOPLE EXPERIENCING CHRONIC HOMELESSNESS, NATIVE
47 AMERICANS, OR OTHER GROUPS OF PEOPLE WITH SYSTEMIC AND
48 HISTORICAL BARRIERS TO ACCESSING HOUSING;
49 (d) THE DIRECTOR, OR THE DIRECTOR'S DESIGNEE, OF A
50 PHILANTHROPIC ORGANIZATION THAT SUPPORTS HOMELESSNESS SERVICE
51 PROVIDERS;
52 (e) A REPRESENTATIVE FROM EACH CONTINUUM OF CARE
53 ORGANIZATION THAT PROVIDES SERVICES IN THE STATE;
54 (f) AN ELECTED LOCAL GOVERNMENT REPRESENTATIVE;
55 (g) AN INDIVIDUAL WITH LIVED EXPERIENCE OF HOMELESSNESS;
56
1 (h) AN INDIVIDUAL WITH LIVED EXPERIENCE NAVIGATING
2 AFFORDABLE HOUSING AND HOUSING RESOURCES;
3 (i) AN OWNER OR OPERATOR OF PERMANENT SUPPORTIVE HOUSING;
4 (j) A HOUSING NAVIGATOR OR REPRESENTATIVE FROM AN
5 ORGANIZATION THAT ADMINISTERS HOUSING VOUCHERS;
6 (k) A REPRESENTATIVE FROM A PUBLIC HOUSING AUTHORITY; AND
7 (l) A CERTIFIED PEER SPECIALIST WHO WORKS WITH PEOPLE
8 EXPERIENCING HOMELESSNESS.
9 (3) IN ADDITION TO THE FIFTEEN MEMBERS REQUIRED TO SIT ON
10 THE COMMITTEE PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE
11 EXECUTIVE DIRECTOR MAY, AS THE EXECUTIVE DIRECTOR DEEMS
12 NECESSARY, APPOINT REPRESENTATIVES FROM:
13 (a) SERVICE ORGANIZATIONS FOR PEOPLE LIVING WITH
14 DISABILITIES;
15 (b) ORGANIZATIONS THAT PROVIDE LEGAL REPRESENTATION FOR
16 LOW-INCOME HOUSEHOLDS OR PEOPLE EXPERIENCING HOMELESSNESS;
17 (c) ORGANIZATIONS THAT PROVIDE SERVICES AND PROGRAMS FOR
18 FAMILIES EXPERIENCING HOMELESSNESS; OR
19 (d) ORGANIZATIONS THAT PROVIDE RENTAL ASSISTANCE OR
20 EVICTION PREVENTION SERVICES.
21 (4) THE ADVISORY COMMITTEE SHALL MEET AT AN INTERVAL
22 CHOSEN BY THE EXECUTIVE DIRECTOR, BUT NOT LESS THAN ONCE EVERY
23 THREE MONTHS.
24 (5) THE ADVISORY COMMITTEE SHALL:
25 (a) DEVELOP AND IMPLEMENT A PLAN TO RECEIVE PUBLIC
26 FEEDBACK ON STATEWIDE STRATEGIES, BEST PRACTICES, POLICIES, AND
27 FUNDING RECOMMENDATIONS RELATED TO HOMELESSNESS PREVENTION
28 AND RESOLUTION;
29 (b) RECOMMEND EVIDENCE-BASED POLICIES AND FUNDING
30 STRATEGIES TO SUPPORT HOMELESSNESS PREVENTION AND RESOLUTION
31 TO THE COUNCIL PRIOR TO THE COUNCIL'S FINALIZATION OF THE REPORT
32 REQUIRED BY SECTION 24-32-3903 (4); AND
33 (c) ANSWER QUESTIONS AND INQUIRIES RECEIVED FROM THE
34 COUNCIL.
39 35 24-32-3906. Repeal of part - review of functions. THIS PART
36 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027. BEFORE THE REPEAL, THIS
37 ARTICLE 39 IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION
38 24-34-104.
39 SECTION 2. In Colorado Revised Statutes, 24-34-104, add
40 (28)(a)(XI) as follows:
41 24-34-104. General assembly review of regulatory agencies
42 and functions for repeal, continuation, or reestablishment - legislative
43 declaration - repeal. (28) (a) The following agencies, functions, or both,
44 are scheduled for repeal on September 1, 2027:
45 (XI) THE COLORADO INTERAGENCY COUNCIL ON HOMELESSNESS,
46 CREATED IN PART 39 OF ARTICLE 32 OF TITLE 24.
47 SECTION 3. In Colorado Revised Statutes, add 29-1-204.7 as
48 follows:
49 29-1-204.7. Establishment of multijurisdictional homelessness
50 response authorities - definitions. (1) Definitions. AS USED IN THIS
51 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
52 (a) "AUTHORITY" MEANS A MULTIJURISDICTIONAL HOMELESSNESS
53 RESPONSE AUTHORITY CREATED PURSUANT TO SUBSECTION (2) OF THIS
54 SECTION.
55
1 (b) "BOARD" MEANS THE BOARD OF DIRECTORS THAT GOVERNS AN
2 AUTHORITY IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION AND
3 IN WHICH ALL LEGISLATIVE POWER OF THE AUTHORITY IS VESTED.
4 (c) "CONTRACTING LOCAL GOVERNMENT" MEANS A LOCAL
5 GOVERNMENT THAT HAS ENTERED INTO AN INTERGOVERNMENTAL
6 AGREEMENT WITH OTHER LOCAL GOVERNMENTS IN ORDER TO FORM AN
7 AUTHORITY PURSUANT TO SUBSECTION (2) OF THIS SECTION.
8 (d) "INTERGOVERNMENTAL AGREEMENT" MEANS THE AGREEMENT
9 ENTERED INTO BY LOCAL GOVERNMENTS PURSUANT TO SUBSECTION (2) OF
10 THIS SECTION TO CREATE AN AUTHORITY.
11 (e) "LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY
12 CITY, TOWN, COUNTY, OR CITY AND COUNTY.
13 (2) Creation. ANY COMBINATION OF LOCAL GOVERNMENTS MAY,
14 BY CONTRACT WITH EACH OTHER, ESTABLISH A SEPARATE GOVERNMENTAL
15 ENTITY TO BE KNOWN AS A MULTIJURISDICTIONAL HOMELESSNESS
16 RESPONSE AUTHORITY. AN AUTHORITY SHALL:
17 (a) BE USED BY THE CONTRACTING LOCAL GOVERNMENTS TO
18 REDUCE AND PREVENT HOMELESSNESS; AND
19 (b) HAVE BOUNDARIES THAT CONTAIN THE ENTIRETY OF ALL THE
20 CONTRACTING LOCAL GOVERNMENTS, BUT NOTHING MORE.
21 (3) Requirements for the intergovernmental agreement. THE
22 INTERGOVERNMENTAL AGREEMENT ESTABLISHING AN AUTHORITY SHALL
23 SPECIFY:
24 (a) THE NAME OF THE AUTHORITY AND THE FUNCTIONS OR
25 SERVICES RELATED TO THE AUTHORITY'S PURPOSE OF REDUCING AND
26 PREVENTING HOMELESSNESS;
27 (b) DETAILS REGARDING THE ESTABLISHMENT AND ORGANIZATION
28 OF A BOARD OF DIRECTORS, INCLUDING:
29 (I) THE NUMBER OF DIRECTORS, THEIR MANNER OF APPOINTMENT,
30 THEIR TERMS OF OFFICE, THEIR COMPENSATION, IF ANY, AND THE
31 PROCEDURE FOR FILLING VACANCIES ON THE BOARD;
32 (II) THE OFFICERS OF THE AUTHORITY, THE MANNER OF THEIR
33 SELECTION, AND THEIR DUTIES;
34 (III) THE VOTING REQUIREMENTS FOR ACTION BY THE BOARD;
35 EXCEPT THAT, UNLESS SPECIFICALLY OTHERWISE PROVIDED, A MAJORITY
36 OF DIRECTORS CONSTITUTES A QUORUM, AND A MAJORITY OF A QUORUM
37 IS NECESSARY FOR ANY ACTION TAKEN BY THE BOARD; AND
38 (IV) THE DUTIES OF THE BOARD, WHICH MUST INCLUDE THE
39 OBLIGATION TO COMPLY WITH PARTS 1, 5, AND 6 OF THIS ARTICLE 1;
40 (c) PROVISIONS FOR THE DISPOSITION, DIVISION, OR DISTRIBUTION
41 OF ANY PROPERTY OR ASSETS OF THE AUTHORITY;
42 (d) THE TERM OF THE CONTRACT, WHICH MAY BE CONTINUED FOR
43 A DEFINITE TERM OR UNTIL RESCINDED OR TERMINATED, AND THE
44 METHOD, IF ANY, BY WHICH IT MAY BE RESCINDED OR TERMINATED;
45 EXCEPT THAT SUCH A CONTRACT MAY NOT BE RESCINDED OR TERMINATED
46 SO LONG AS THE AUTHORITY HAS BONDS, NOTES, OR OTHER OBLIGATIONS
47 OUTSTANDING UNLESS PROVISION FOR FULL PAYMENT OF SUCH
48 OBLIGATIONS, BY ESCROW OR OTHERWISE, HAS BEEN MADE PURSUANT TO
49 THE TERMS OF SUCH OBLIGATIONS;
50 (e) ANY EXPECTED SOURCES OF REVENUE OF THE AUTHORITY; AND
51 (f) THE AUTHORITY'S PLAN REGARDING THE LEVYING AND
52 DISTRIBUTION OF SALES TAXES FOR THE PURPOSES OF PLANNING,
53 COORDINATING, AND IMPLEMENTING REGIONAL STRATEGIES TO REDUCE
54 AND PREVENT HOMELESSNESS PURSUANT TO SUBSECTION (5) OF THIS
55 SECTION.
56
1 (4) General discretionary powers of the authority. THE
2 GENERAL DISCRETIONARY POWERS OF THE AUTHORITY INCLUDE:
3 (a) TO PLAN, COORDINATE, AND IMPLEMENT REGIONAL STRATEGIES
4 TO REDUCE AND PREVENT HOMELESSNESS;
5 (b) TO COORDINATE AND PLAN WITH THE DEPARTMENT OF LOCAL
6 AFFAIRS AND THE CONTINUUM OF CARE ORGANIZATION THAT OPERATES
7 WITHIN THE BOUNDARIES OF THE AUTHORITY TO REDUCE AND PREVENT
8 HOMELESSNESS;
9 (c) TO, IF FEASIBLE AND AGREED UPON BY THE CONTRACTING
10 LOCAL GOVERNMENTS AND THE CONTINUUM OF CARE ORGANIZATION,
11 CONTRACT WITH THE CONTINUUM OF CARE ORGANIZATION THAT OPERATES
12 WITHIN THE BOUNDARIES OF THE AUTHORITY TO DESIGNATE THE
13 CONTINUUM OF CARE ORGANIZATION AS THE ADMINISTRATOR OF THE
14 AUTHORITY;
15 (d) TO MAKE AND ENTER INTO CONTRACTS WITH ANY PERSON,
16 INCLUDING, WITHOUT LIMITATION, CONTRACTS WITH STATE OR FEDERAL
17 AGENCIES, CONTINUUM OF CARE ORGANIZATIONS, PRIVATE ENTERPRISES,
18 AND NONPROFIT ORGANIZATIONS THAT ARE ALSO INVOLVED IN REDUCING
19 AND PREVENTING HOMELESSNESS, IRRESPECTIVE OF WHETHER SUCH
20 AGENCIES ARE PARTIES TO THE INTERGOVERNMENTAL AGREEMENT;
21 (e) TO EMPLOY AGENTS AND EMPLOYEES;
22 (f) TO ACQUIRE, HOLD, LEASE AS LESSOR OR LESSEE, SELL, OR
23 OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY, COMMODITY,
24 OR SERVICE;
25 (g) TO INCUR DEBTS, LIABILITIES, OR OBLIGATIONS;
26 (h) TO SUE AND BE SUED IN ITS OWN NAME;
27 (i) TO ADOPT, BY RESOLUTION, REGULATIONS RESPECTING THE
28 EXERCISE OF ITS POWERS AND THE CARRYING OUT OF ITS PURPOSES;
29 (j) TO AGREE TO LEVY SALES TAXES FOR THE PURPOSES OF
30 PLANNING, COORDINATING, AND IMPLEMENTING REGIONAL STRATEGIES TO
31 REDUCE AND PREVENT HOMELESSNESS PURSUANT TO SUBSECTION (5) OF
32 THIS SECTION;
33 (k) TO EXERCISE ANY OTHER POWERS THAT ARE ESSENTIAL TO THE
34 PROVISION OF FUNCTIONS, SERVICES, OR FACILITIES BY THE AUTHORITY
35 AND THAT ARE SPECIFIED IN THE INTERGOVERNMENTAL AGREEMENT; AND
36 (l) TO PERFORM ANY ACTS AUTHORIZED BY THIS SECTION UNDER,
37 THROUGH, OR BY MEANS OF AN AGENT OR BY CONTRACTS WITH ANY
38 PERSON, FIRM, OR CORPORATION.
39 (5) Authority of local governments to levy sales taxes. IF THE
40 INTERGOVERNMENTAL AGREEMENT THAT CREATES AN AUTHORITY
41 PROVIDES THAT THE CONTRACTING LOCAL GOVERNMENTS SHALL LEVY A
42 SALES TAX TO BE USED BY THE AUTHORITY TO PLAN, COORDINATE, AND
43 IMPLEMENT REGIONAL STRATEGIES TO REDUCE AND PREVENT
44 HOMELESSNESS:
45 (a) ALL CONTRACTING LOCAL GOVERNMENTS SHALL, AT THE SAME
46 GENERAL ELECTION HELD IN NOVEMBER OF AN ODD-NUMBERED YEAR,
47 SUBMIT TO THEIR REGISTERED ELECTORS A BALLOT QUESTION THAT
48 RELATES TO THE TAX INCREASE AND THAT COMPLIES WITH SECTION 20 OF
49 ARTICLE X OF THE STATE CONSTITUTION AND SUBSECTION (6) OF THIS
50 SECTION;
51 (b) THE INTERGOVERNMENTAL AGREEMENT MUST INCLUDE
52 PROVISIONS THAT APPLY TO A CASE IN WHICH THE ELECTORS IN SOME BUT
53 NOT ALL OF THE CONTRACTING LOCAL GOVERNMENTS APPROVE THE
54 COLLECTION OF THE SALES TAX AT THE GENERAL ELECTION DESCRIBED IN
55 SUBSECTION (5)(a) OF THIS SECTION;
56
1 (c) ANY SALES TAX LEVIED PURSUANT TO THIS SUBSECTION (5) IS
2 IN ADDITION TO ANY OTHER SALES TAX IMPOSED PURSUANT TO LAW;
3 (d) THE DEPARTMENT OF REVENUE SHALL COLLECT, ADMINISTER,
4 AND ENFORCE THE SALES TAX LEVIED PURSUANT TO THIS SUBSECTION (5),
5 AS SPECIFIED IN PART 2 OF ARTICLE 2 OF THIS TITLE 29;
6 (e) THE INTERGOVERNMENTAL AGREEMENT MUST PROVIDE FOR
7 THE DIRECT DISTRIBUTION OF ALL OR PART OF THE SALES TAX LEVIED
8 PURSUANT TO THIS SUBSECTION (5) TO THE AUTHORITY BY THE
9 DEPARTMENT OF REVENUE AS SET FORTH IN SECTION 29-2-207; AND
10 (f) THE AUTHORITY AND CONTRACTING LOCAL GOVERNMENTS
11 SHALL APPLY THE MONTHLY TAX DISTRIBUTIONS RECEIVED FROM THE
12 DEPARTMENT OF REVENUE SOLELY TO THE PLANNING, COORDINATION, AND
13 IMPLEMENTATION OF REGIONAL STRATEGIES TO REDUCE AND PREVENT
14 HOMELESSNESS.
15 (6) Sales taxes and multiple-fiscal year debts must be approved
16 by electors. (a) A LOCAL GOVERNMENT SHALL NOT ESTABLISH OR
17 INCREASE ANY TAX AUTHORIZED BY THIS SECTION UNTIL THE TAX HAS
18 BEEN SUBMITTED TO AND APPROVED BY A VOTE OF THE REGISTERED
19 ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE LOCAL
20 GOVERNMENT.
21 (b) A LOCAL GOVERNMENT SHALL NOT CREATE A MULTIPLE-FISCAL
22 YEAR DEBT OR OTHER FINANCIAL OBLIGATION THAT IS SUBJECT TO
23 SECTION 20 (4)(b) OF ARTICLE X OF THE STATE CONSTITUTION UNTIL THE
24 OBLIGATION IS SUBMITTED TO AND APPROVED BY A VOTE OF THE
25 REGISTERED ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE LOCAL
26 GOVERNMENT.
27 (7) Political subdivision of the state. AN AUTHORITY IS A
28 POLITICAL SUBDIVISION AND A PUBLIC CORPORATION OF THE STATE,
29 SEPARATE FROM THE CONTRACTING LOCAL GOVERNMENTS, AND IS A
30 VALIDLY CREATED AND EXISTING POLITICAL SUBDIVISION AND PUBLIC
31 CORPORATION OF THE STATE, IRRESPECTIVE OF WHETHER A CONTRACTING
32 LOCAL GOVERNMENT WITHDRAWS, WHETHER VOLUNTARILY, BY
33 OPERATION OF LAW, OR OTHERWISE, FROM THE AUTHORITY SUBSEQUENT
34 TO ITS CREATION UNDER CIRCUMSTANCES NOT RESULTING IN THE
35 RESCISSION OR TERMINATION OF THE CONTRACT ESTABLISHING THE
36 AUTHORITY PURSUANT TO ITS TERMS. AN AUTHORITY HAS THE DUTIES,
37 PRIVILEGES, IMMUNITIES, RIGHTS, LIABILITIES, AND DISABILITIES OF A
38 PUBLIC BODY POLITIC AND CORPORATE.
39 (8) Gifts, grants, and donations. AN AUTHORITY MAY SEEK,
40 ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR
41 PUBLIC SOURCES FOR THE PURPOSES OF PLANNING, COORDINATING, AND
42 IMPLEMENTING REGIONAL STRATEGIES TO REDUCE AND PREVENT
43 HOMELESSNESS.
44 (9) Bonds. AN AUTHORITY MAY ISSUE REVENUE OR GENERAL
45 OBLIGATION BONDS AND MAY PLEDGE ITS REVENUE AND
46 REVENUE-RAISING POWERS FOR THE PAYMENT OF SUCH BONDS. SUCH
47 BONDS MUST BE ISSUED ON THE TERMS AND SUBJECT TO THE CONDITIONS
48 SET FORTH IN SECTION 43-4-609. THE BONDS, NOTES, AND OTHER
49 OBLIGATIONS OF AN AUTHORITY ARE NOT DEBTS, LIABILITIES, OR
50 OBLIGATIONS OF THE CONTRACTING LOCAL GOVERNMENTS.
51 (10) Exempt from state taxation. AN AUTHORITY, THE PROPERTY
52 OF AN AUTHORITY, THE INCOME OR OTHER REVENUES OF AN AUTHORITY,
53 ANY BONDS ISSUED BY AN AUTHORITY, AND THE TRANSFER OF AND THE
54 INCOME FROM ANY BONDS ISSUED BY THE AUTHORITY ARE EXEMPT FROM
55 ALL TAXATION AND ASSESSMENTS IN THE STATE.
1 (11) Fiscal year spending. (a) FOR THE PURPOSE OF DETERMINING
2 AN AUTHORITY'S FISCAL YEAR SPENDING LIMIT UNDER SECTION 20 (7)(b)
3 OF ARTICLE X OF THE STATE CONSTITUTION, THE INITIAL SPENDING BASE
4 OF THE AUTHORITY IS THE AMOUNT OF REVENUES COLLECTED BY THE
5 AUTHORITY FROM SOURCES NOT EXCLUDED FROM FISCAL YEAR SPENDING
6 PURSUANT TO SECTION 20 (2)(e) OF ARTICLE X OF THE STATE
7 CONSTITUTION DURING THE FIRST FULL FISCAL YEAR FOR WHICH THE
8 AUTHORITY COLLECTED REVENUES.
9 (b) AS USED IN THIS SUBSECTION (11), "FISCAL YEAR" MEANS ANY
10 YEAR-LONG PERIOD USED BY AN AUTHORITY FOR FISCAL ACCOUNTING
11 PURPOSES.
12 (12) Local governments retain powers. NOTHING IN THIS
13 SECTION LIMITS THE POWER OF CONTRACTING LOCAL GOVERNMENTS TO
14 ENTER INTO INTERGOVERNMENTAL COOPERATION OR AGREEMENTS OR TO
15 ESTABLISH SEPARATE LEGAL ENTITIES PURSUANT TO SECTION 29-1-203 OR
16 ANY OTHER APPLICABLE LAW OR OTHERWISE TO CARRY OUT THEIR
17 INDIVIDUAL POWERS UNDER APPLICABLE STATUTORY OR CHARTER
18 PROVISIONS OR LIMITS THE POWERS RESERVED TO CITIES AND TOWNS BY
19 SECTION 2 OF ARTICLE XI OF THE STATE CONSTITUTION.
20 SECTION 4. In Colorado Revised Statutes, 39-13-102, add (6)
21 as follows:
22 39-13-102. Documentary fee imposed - amount - to whom
23 payable - legislative declaration - definition. (6) (a) THE COUNTY MAY
24 DESIGNATE A PORTION OF THE MONEY COLLECTED FROM THE
25 DOCUMENTARY FEE, OTHER THAN THE PORTION THAT IS USED TO OFFSET
26 ADMINISTRATIVE COSTS RELATED TO RECORDING AND MAINTAINING REAL
27 PROPERTY DEEDS AND INSTRUMENTS, TO BE TRANSFERRED TO A HOUSING
28 AGENCY FOR THE PURPOSE OF DEVELOPING, PRESERVING, OR ACQUIRING
29 AFFORDABLE HOUSING ALIGNED WITH DEMONSTRATED COMMUNITY NEEDS
30 AND FOR HOMELESS INDIVIDUALS WITHIN THE JURISDICTION OF THE
31 HOUSING AGENCY.
32 (b) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
33 (I) AS THE VOLUME OF REAL ESTATE TRANSACTIONS HAS
34 INCREASED SIGNIFICANTLY, REAL ESTATE PRICES AND COSTS HAVE ALSO
35 INCREASED, IMPACTING THE AVAILABILITY AND AFFORDABILITY OF
36 HOUSING IN COLORADO; AND
37 (II) LOCAL GOVERNMENTS SHOULD BE ALLOWED TO USE THE
38 DOCUMENTARY FEE TO OFFSET THE ADMINISTRATIVE COSTS ASSOCIATED
39 WITH RECORDING AND MAINTAINING REAL PROPERTY DEEDS AND
40 INSTRUMENTS AND THE COSTS OF BUILDING AND MAINTAINING
41 AFFORDABLE HOUSING.
42 (c) AS USED IN THIS SECTION, "HOUSING AGENCY" MEANS A
43 COUNTY GOVERNMENT OR A LOCAL OR REGIONAL HOUSING AUTHORITY.
44 SECTION 5. Act subject to petition - effective date. This act
45 takes effect at 12:01 a.m. on the day following the expiration of the
46 ninety-day period after final adjournment of the general assembly; except
47 that, if a referendum petition is filed pursuant to section 1 (3) of article V
48 of the state constitution against this act or an item, section, or part of this
49 act within such period, then the act, item, section, or part will not take
50 effect unless approved by the people at the general election to be held in
51 November 2026 and, in such case, will take effect on the date of the
52 official declaration of the vote thereon by the governor.".
53
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