Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0427.01 Rebecca Bayetti x4348 HOUSE BILL 26-1036
House Committees Senate Committees
Finance
A BILL FOR AN ACT
CONCERNING AUTHORIZATION FOR A LOCAL GOVERNMENT TO IMPOSE101
TAXES ON VACANT RESIDENTIAL PROPERTIES , AND , IN102
CONNECTION THEREWITH, ALLOWING A LOCAL GOVERNMENT103
TO LEVY AN EXCISE TAX BASED ON THE CHARACTERISTICS OF A104
RESIDENTIAL PROPERTY, ALLOWING A LOCAL GOVERNMENT TO105
CREATE A NEW PROPERTY TAX CLASSIFICATION FOR VACANT106
RESIDENTIAL PROPERTIES AND LEVY AN ADDITIONAL PROPERTY107
TAX ON THOSE PROPERTIES , AND ALLOWING LOCAL108
GOVERNMENTS TO CONTRACT TO FORM A LOCAL HOUSING TAX109
AUTHORITY.110
Bill Summary
(Note: This summary applies to this bill as introduced and does
HOUSE SPONSORSHIP
Titone and Velasco,
SENATE SPONSORSHIP
(None),
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.
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.)
The bill authorizes a county or municipality (local government),
after approval by the electors of the local government, to impose an
excise or a property tax, or both, on vacant residential properties within
the boundaries of the local government (local taxes on vacant residential
properties) (sections 1 and 3 of the bill). A local government may use the
revenues collected from either tax only for affordable, attainable, or
workforce housing. A county assessor has no duty in implementing local
taxes on vacant residential properties, but in an assessor's discretion, the
assessor may assist by providing data and information to a local
government or local housing tax authority, and may enter into an
intergovernmental agreement that provides for compensation in exchange
for the assessor's assistance.
The bill also creates a process for the creation of a local housing
tax authority (authority) by intergovernmental agreement to allow 2 or
more counties, cities and counties, or municipalities to form a joint taxing
authority to collectively establish, levy, collect, and enforce local taxes on
vacant residential properties within the boundaries of the authority
(section 2).
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 29-2-117 as2
follows:3
29-2-117. Authority to levy excise tax on vacant residential4
units - county - municipality - election - definitions.5
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7
(a) "SHORT-TERM RENTAL UNIT" MEANS A BUILDING THAT:8
(I) I S LICENSED AS A SHORT -TERM RENTAL UNIT WITHIN THE9
COUNTY, MUNICIPALITY, OR LOCAL HOUSING TAX AUTHORITY IMPOSING A10
TAX PURSUANT TO THIS SECTION; OR 11
(II) (A) I S DESIGNED FOR USE PREDOMINANTLY AS A PLACE OF12
HB26-1036-2-
RESIDENCY BY A PERSON, A FAMILY, OR FAMILIES; AND1
(B) IS AVAILABLE TO BE LEASED FOR ONE OR MORE SHORT-TERM2
STAYS.3
(b) "S HORT-TERM STAY " MEANS OVERNIGHT LODGING THAT IS4
PROVIDED TO AN INDIVIDUAL OR BUSINESS FOR LESS THAN THIRTY5
CONSECUTIVE DAYS IN EXCHANGE FOR MONETARY PAYMENT.6
(c) "VACANT RESIDENTIAL UNIT" MEANS A BUILDING THAT:7
(I) I S DESIGNED FOR USE PREDOMINANTLY AS A PLACE OF8
RESIDENCY BY A PERSON, A FAMILY, OR FAMILIES;9
(II) I S UNOCCUPIED AND NOT USED AS A RESIDENCE FOR A10
SPECIFIED AMOUNT OF TIME , AS DETERMINED BY THE COUNTY ,11
MUNICIPALITY, OR LOCAL HOUSING TAX AUTHORITY IMPOSING A TAX12
PURSUANT TO THIS SECTION; AND13
(III) IS NOT A SHORT-TERM RENTAL UNIT.14
(2) (a) E ACH COUNTY IN THE STATE IS AUTHORIZED TO LEVY ,15
COLLECT, AND ENFORCE A COUNTY EXCISE TAX ON ALL VACANT16
RESIDENTIAL UNITS WITHIN THE COUNTY , OR ANY SUBSET THEREOF , AS17
PROVIDED IN THIS SUBSECTION (2); EXCEPT THAT A COUNTY IS NOT18
AUTHORIZED TO LEVY , COLLECT, AND ENFORCE A COUNTY EXCISE TAX19
PURSUANT TO THIS SUBSECTION (2) WITHIN A MUNICIPALITY UNLESS AN20
AGREEMENT EXISTS BETWEEN THE COUNTY AND MUNICIPALITY TO IMPOSE21
THE TAX WITHIN THE MUNICIPAL BOUNDARIES. A COUNTY IS AUTHORIZED22
TO LEVY , COLLECT , AND ENFORCE AN EXCISE TAX PURSUANT TO THIS23
SUBSECTION (2) IN UNINCORPORATED AREAS OF THE COUNTY. A COUNTY24
IS AUTHORIZED TO LEVY , COLLECT , AND ENFORCE AN EXCISE TAX25
PURSUANT TO THIS SUBSECTION (2) AS A FLAT RATE ON ALL VACANT26
RESIDENTIAL UNITS WITHIN THE COUNTY , OR ANY SUBSET THEREOF , OR27
HB26-1036-3-
BASED ON THE UNIT TYPE, NUMBER OF BEDROOMS, OR SQUARE FOOTAGE1
OF THE UNIT.2
(b) A COUNTY SHALL NOT LEVY AN EXCISE TAX PURSUANT TO THE3
PROVISIONS OF SUBSECTION (2)(a) OF THIS SECTION UNTIL THE PROPOSAL4
HAS BEEN REFERRED TO AND APPROVED BY THE ELIGIBLE ELECTORS OF5
THE COUNTY IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE X,6
SECTION 20 OF THE STATE CONSTITUTION . THE ADOPTION PROCEDURES7
FOR A COUNTYWIDE SALES TAX, USE TAX, OR BOTH, AS SPECIFIED IN THIS8
ARTICLE 2, APPLY TO THE REFERRAL AND APPROVAL OF AN EXCISE TAX9
PURSUANT TO THIS SUBSECTION (2). A PROPOSAL FOR A COUNTY EXCISE10
TAX PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST CONTAIN A11
DESCRIPTION OF THE PROPOSED TAX , MUST STATE THE AMOUNT TO BE12
IMPOSED, AND MUST DESCRIBE THE AREA WITHIN THE COUNTY IN WHICH13
THE TAX WILL BE IMPOSED.14
(3) (a) EACH MUNICIPALITY IN THE STATE IS AUTHORIZED TO LEVY,15
COLLECT, AND ENFORCE A MUNICIPAL EXCISE TAX ON ALL VACANT16
RESIDENTIAL UNITS WITHIN THE MUNICIPALITY, OR ANY SUBSET THEREOF,17
AS PROVIDED IN THIS SUBSECTION (3). A MUNICIPALITY IS AUTHORIZED TO18
LEVY, COLLECT , AND ENFORCE AN EXCISE TAX PURSUANT TO THIS19
SUBSECTION (3) AS A FLAT RATE ON ALL VACANT RESIDENTIAL UNITS20
WITHIN THE MUNICIPALITY, OR ANY SUBSET THEREOF, OR BASED ON THE21
UNIT TYPE, NUMBER OF BEDROOMS, OR SQUARE FOOTAGE OF THE UNIT. 22
(b) A MUNICIPALITY SHALL NOT LEVY AN EXCISE TAX PURSUANT23
TO THE PROVISIONS OF SUBSECTION (3)(a) OF THIS SECTION UNTIL THE24
PROPOSAL HAS BEEN REFERRED TO AND APPROVED BY THE ELIGIBLE25
ELECTORS OF THE MUNICIPALITY IN ACCORDANCE WITH THE26
REQUIREMENTS OF ARTICLE X, SECTION 20 OF THE STATE CONSTITUTION.27
HB26-1036-4-
A PROPOSAL FOR A MUNICIPAL EXCISE TAX PURSUANT TO SUBSECTION1
(3)(a) OF THIS SECTION MUST CONTAIN A DESCRIPTION OF THE PROPOSED2
TAX AND THE AMOUNT TO BE IMPOSED.3
(4) T HE DEPARTMENT OF REVENUE SHALL NOT COLLECT ,4
ADMINISTER, OR ENFORCE AN EXCISE TAX IMPOSED BY A COUNTY OR5
MUNICIPALITY PURSUANT TO THIS SECTION AND, INSTEAD, THE COUNTY OR6
MUNICIPALITY IMPOSING THE TAX SHALL COLLECT , ADMINISTER , AND7
ENFORCE THE EXCISE TAX. A MUNICIPALITY MAY COLLECT, ADMINISTER,8
AND ENFORCE THE EXCISE TAX ACCORDING TO PART 1 OF ARTICLE 20 OF9
TITLE 31, INCLUDING CERTIFYING DELINQUENT CHARGES, ASSESSMENTS,10
OR TAXES TO THE TREASURER OF THE COUNTY PURSUANT TO SECTION11
31-20-105.12
(5) O NE OR MORE COUNTIES OR MUNICIPALITIES MAY FORM A13
LOCAL HOUSING TAX AUTHORITY PURSUANT TO PART 13 OF ARTICLE 4 OF14
THIS TITLE 29 TO COLLABORATE ON A COORDINATED ELECTION TO15
APPROVE THE LEVY OF AN EXCISE TAX PURSUANT TO THIS SECTION AND ON16
THE COLLECTION, ADMINISTRATION, AND ENFORCEMENT OF AN APPROVED17
TAX.18
(6) (a) A COUNTY OR MUNICIPALITY IN WHICH THE ELIGIBLE19
ELECTORS HAVE APPROVED THE LEVY OF AN EXCISE TAX PURS UANT TO20
THIS SECTION MAY CREDIT THE REVENUES COLLECTED FROM THE TAX TO21
THE GENERAL FUND OF THE COUNTY OR MUNICIPALITY OR TO ANY SPECIAL22
FUND CREATED IN THE COUNTY'S OR MUNICIPALITY'S TREASURY.23
(b) A COUNTY OR MUNICIPALITY MAY USE THE REVENUES24
COLLECTED FROM AN EXCISE TAX IMPOSED PURSUANT TO THIS SECTION25
ONLY FOR AFFORDABLE , ATTAINABLE , OR WORKFORCE HOUSING , AS26
DEFINED BY THE COUNTY OR MUNICIPALITY . TO THE EXTENT THAT A27
HB26-1036-5-
COUNTY OR MUNICIPALITY IS REQUIRED TO CONDUCT A HOUSING NEEDS1
ASSESSMENT PURSUANT TO PART 37 OF ARTICLE 32 OF TITLE 24, THE2
REVENUES COLLECTED FROM THE TAX MUST BE USED TO SUPPORT A3
DEMONSTRATED NEED IDENTIFIED IN THE COUNTY 'S OR MUNICIPALITY'S4
MOST RECENT HOUSING NEEDS ASSESSMENT.5
(7) A COUNTY ASSESSOR HAS NO DUTY IN IMPLEMENTING A TAX6
ASSESSED AND LEVIED BY A COUNTY OR MUNICIPALITY PURSUANT TO THIS7
SECTION. IN AN ASSESSOR 'S DISCRETION, THE ASSESSOR MAY ASSIST BY8
PROVIDING DATA AND INFORMATION TO A COUNTY , MUNICIPALITY, OR9
LOCAL HOUSING TAX AUTHORITY , AND MAY ENTER INTO AN10
INTERGOVERNMENTAL AGREEMENT THAT PROVIDES FOR COMPENSATION11
IN EXCHANGE FOR THE ASSESSOR'S ASSISTANCE.12
(8) NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO LIMIT13
THE POWERS OF HOME RULE MUNICIPALITIES ORGANIZED UNDER THE14
PROVISIONS OF ARTICLE XX OF THE STATE CONSTITUTION.15
SECTION 2. In Colorado Revised Statutes, add part 13 to article16
4 of title 29 as follows:17
PART 1318
LOCAL HOUSING TAX AUTHORITIES19
29-4-1301. Definitions.20
AS USED IN THIS PART 13, UNLESS THE CONTEXT OTHERWISE21
REQUIRES:22
(1) "G OVERNING BODY " MEANS THE BOARD OF COUNTY23
COMMISSIONERS OF A COUNTY OR THE CITY COUNCIL OF A CITY , THE24
BOARD OF TRUSTEES OF A TOWN , OR ANY OTHER BODY BY WHATEVER25
NAME KNOWN THAT IS GIVEN LAWFUL AUTHORITY TO ADOPT ORDINANCES26
FOR A SPECIFIC MUNICIPALITY.27
HB26-1036-6-
(2) "L OCAL GOVERNMENT " MEANS ANY COUNTY , CITY AND1
COUNTY, OR MUNICIPALITY.2
(3) "LOCAL HOUSING TAX AUTHORITY" OR "AUTHORITY" MEANS3
A CORPORATE BODY ORGANIZED PURSUANT TO THIS PART 13.4
29-4-1302. Local housing tax authority - formation - powers5
and purpose - intergovernmental agreement.6
(1) (a) T HE GOVERNING BODY OF TWO OR MORE LOCAL7
GOVERNMENTS THAT SHARE TERRITORY OR HAVE CONTIGUOUS8
BOUNDARIES MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO9
CREATE AN AUTHORITY THAT IS AUTHORIZED TO EXERCISE THE FUNCTIONS10
CONFERRED BY THE PROVISIONS OF THIS PART 13.11
(b) T HE PURPOSE OF THIS PART 13 IS TO ALLOW TWO OR MORE12
LOCAL GOVERNMENTS TO FORM A JOINT TAXING AUTHORITY TO13
COLLECTIVELY ESTABLISH , LEVY , COLLECT , AND ENFORCE TAXES ON14
VACANT RESIDENTIAL PROPERTY, AS PROVIDED IN SECTIONS 29-2-117 AND15
39-1-104.8, WITHIN THE BOUNDARIES OF AN AUTHORITY.16
(c) A LOCAL GOVERNMENT SHALL NOT ENTER INTO AN17
INTERGOVERNMENTAL AGREEMENT TO CREATE AN AUTHORITY WITHOUT18
HOLDING AT LEAST TWO PUBLIC HEARINGS THEREON , IN ADDITION TO19
OTHER REQUIREMENTS IMPOSED BY LAW FOR PUBLIC NOTICE. THE LOCAL20
GOVERNMENT SHALL GIVE NOTICE OF THE TIME, PLACE, AND PURPOSE OF21
THE PUBLIC HEARING BY PUBLICATION IN A NEWSPAPER OF GENERAL22
CIRCULATION IN THE LOCAL GOVERNMENT OR ON A PUBLICLY ACCESSIBLE23
WEBSITE AT LEAST TEN DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING.24
(2) A N INTERGOVERNMENTAL AGREEMENT THAT CREATES AN25
AUTHORITY MUST INCLUDE:26
(a) THE NAME AND PURPOSE OF THE AUTHORITY;27
HB26-1036-7-
(b) PROVISIONS FOR THE LEVY, COLLECTION, ENFORCEMENT, AND1
APPORTIONMENT OF REVENUE OF AN EXCISE OR PROPERTY TAX2
AUTHORIZED PURSUANT TO THIS SECTION;3
(c) T HE ESTABLISHMENT AND ORGANIZATION OF A BOARD OF4
DIRECTORS IN WHICH ALL LEGISLATIVE POWER OF THE AUTHORITY IS5
VESTED, INCLUDING:6
(I) THE NUMBER OF DIRECTORS;7
(II) T HE MANNER OF THE ELECTION OR APPOINTMENT , THE8
QUALIFICATIONS, AND THE COMPENSATION , IF ANY , OF THE DIRECTORS9
AND THE PROCEDURE FOR FILLING VACANCIES;10
(III) T HE OFFICERS OF THE DISTRICT , THE MANNER OF THEIR11
APPOINTMENT, AND THEIR DUTIES; AND12
(IV) T HE VOTING REQUIREMENTS FOR ACTION BY THE BOARD ;13
EXCEPT THAT , UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THE14
INTERGOVERNMENTAL AGREEMENT, A MAJORITY OF THE DIRECTORS OF15
THE BOARD CONSTITUTES A QUORUM AND IS NECESSARY FOR ACTION BY16
THE BOARD;17
(d) T HE BOUNDARIES OF THE AUTHORITY , WHICH MAY NOT18
INCLUDE:19
(I) TERRITORY WITHIN THE BOUNDARIES OF A MUNICIPALITY THAT20
IS NOT A MEMBER OF THE LOCAL GOVERNMENTS FORMING THE AUTHORITY,21
AS THE BOUNDARIES OF THE MUNICIPALITY EXIST ON THE DATE THE22
AUTHORITY IS CREATED, WITHOUT THE CONSENT OF THE GOVERNING BODY23
OF THE MUNICIPALITY; OR24
(II) TERRITORY WITHIN THE UNINCORPORATED BOUNDARIES OF A25
COUNTY THAT IS NOT A MEMBER OF THE LOCAL GOVERNMENTS FORMING26
THE AUTHORITY, AS THE UNINCORPORATED BOUNDARIES OF THE COUNTY27
HB26-1036-8-
EXIST ON THE DATE THE AUTHORITY IS CREATED, WITHOUT THE CONSENT1
OF THE GOVERNING BODY OF THE COUNTY;2
(e) T HE CONDITIONS FOR ADDING OR REMOVING A LOCAL3
GOVERNMENT PARTY TO THE INTERGOVERNMENTAL AGREEMENT;4
(f) THE TERM OF THE AUTHORITY, WHICH MAY BE FOR A DEFINITE5
TERM OR UNTIL DISSOLVED, AND THE METHOD, IF ANY, BY WHICH IT MAY6
BE DISSOLVED;7
(g) PROVISIONS FOR AMENDMENT OF THE INTERGOVERNMENTAL8
AGREEMENT; AND9
(h) THE LIMITATIONS, IF ANY, ON THE POWERS GRANTED BY THIS10
SECTION THAT MAY BE EXERCISED BY THE AUTHORITY.11
(3) A N AUTHORITY CREATED PURSUANT TO THIS PART 13 IS A12
SEPARATE LEGAL ENTITY AND HAS THE POWERS DESCRIBED IN SECTIONS13
29-1-203 AND 29-1-203.5 AND ALL THE POWERS NECESSARY OR14
CONVENIENT TO CARRY OUT AND EFFECTUATE THE PURPOSES OF THIS PART15
13, INCLUDING THE POWER TO:16
(a) SUE AND TO BE SUED;17
(b) ADOPT AND ALTER A SEAL;18
(c) HAVE PERPETUAL SUCCESSION;19
(d) MAKE, AND FROM TIME TO TIME AMEND AND REPEAL, BYLAWS,20
ORDERS, RULES, AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF21
THIS PART 13;22
(e) MAKE LOANS, WHICH MAY BE SECURED BY LOAN AND SECURITY23
AGREEMENTS, LEASES , OR ANY OTHER INSTRUMENTS UPON THE TERMS24
AND CONDITIONS DETERMINED BY THE BOARD OF DIRECTORS OF THE25
AUTHORITY;26
(f) I SSUE BONDS , NOTES , OR OTHER FINANCIAL OBLIGATIONS27
HB26-1036-9-
PAYABLE SOLELY FROM REVENUES OR OTHER AVAILABLE MONEY OF THE1
AUTHORITY. THE TERMS , CONDITIONS , AND DETAILS OF THE BONDS ,2
NOTES, OR OTHER FINANCIAL OBLIGATIONS , AS DETERMINED BY THE3
BOARD OF DIRECTORS OF THE AUTHORITY , MUST BE SET FORTH IN THE4
SECURITY AGREEMENT UNDER WHICH THE B ONDS, NOTES , OR OTHER5
FINANCIAL OBLIGATIONS ARE ISSUED.6
(g) COORDINATE AN ELECTION TO APPROVE A LOCAL EXCISE TAX7
ON VACANT RESIDENTIAL UNITS , AS PROVIDED IN SECTION 29-2-117,8
WITHIN THE BOUNDARIES OF THE AUTHORITY;9
(h) L EVY, COLLECT , AND ENFORCE A LOCAL EXCISE TAX ON10
VACANT RESIDENTIAL UNITS, AS PROVIDED IN SECTION 29-2-117, WITHIN11
THE BOUNDARIES OF THE AUTHORITY ACCORDING TO THE TERMS OF AN12
INTERGOVERNMENTAL AGREEMENT AMONG THE MEMBER LOCAL13
GOVERNMENTS;14
(i) COORDINATE AN ELECTION TO APPROVE A LOCAL AD VALOREM15
PROPERTY TAX ON VACANT RESIDENTIAL PROPERTY , AS PROVIDED IN16
SECTION 39-1-104.8, WITHIN THE BOUNDARIES OF THE AUTHORITY;17
(j) ASSESS, LEVY, COLLECT, AND ENFORCE A LOCAL AD VALOREM18
PROPERTY TAX ON VACANT RESIDENTIAL PROPERTY , AS PROVIDED IN19
SECTION 39-1-104.8, WITHIN THE BOUNDARIES OF THE AUTHORITY20
ACCORDING TO THE TERMS OF AN INTERGOVERNMENTAL AGREEMENT21
AMONG THE MEMBER LOCAL GOVERNMENTS;22
(k) C AUSE DELINQUENT TAXES MADE OR LEVIED BY THE23
AUTHORITY TO BE CERTIFIED TO A TREASURER OF A COUNTY AND BE24
COLLECTED AND PAID OVER BY THE TREASURER OF THE COUNTY IN THE25
MANNER PROVIDED FOR IN THE INTERGOVERNMENTAL AGREEMENT; AND 26
(l) M AKE AND EXECUTE ANY AND ALL CONTRACTS ,27
HB26-1036-10-
INTERGOVERNMENTAL AGREEMENTS, AND OTHER INSTRUMENTS THAT IT1
MAY DEEM NECESSARY OR CONVENIENT TO THE EXERCISE OF ITS POWERS2
PURSUANT TO THIS PART 13.3
(4) ARTICLES 10.5 AND 47 OF TITLE 11 APPLY TO THE MONEY OF AN4
AUTHORITY.5
(5) (a) IN THE EVENT THAT PROPERTY WITHIN THE BOUNDARIES OF6
THE AUTHORITY MUST BE EXCLUDED FROM THE AUTHORITY DUE TO THE7
PROPERTY'S ANNEXATION TO A LOCAL GOVERNMENT THAT IS NOT A PARTY8
TO THE INTERGOVERNMENTAL AGREEMENT THAT FORMED THE9
AUTHORITY, THE AUTHORITY 'S BOARD OF DIRECTORS SHALL CREATE A10
PLAN TO EXCLUDE THAT PROPERTY FROM THE BOUNDARIES OF THE11
AUTHORITY. THE BOARD OF DIRECTORS SHALL INCLUDE IN THE PLAN:12
(I) A DESCRIPTION OF THE PROPERTY TO BE EXCLUDED;13
(II) THE EFFECTIVE DATE OF THE EXCLUSION OF THE PROPERTY ;14
AND15
(III) A NY OTHER CONDITIONS AND OBLIGATIONS , ON THE16
AUTHORITY OR THE LOCAL GOVERNMENT THAT IS NOT A PARTY TO THE17
INTERGOVERNMENTAL AGREEMENT THAT FORMED THE AUTHORITY, THAT18
ARE NECESSARY TO PERMIT THE EXCLUSION OF THE PROPERTY FROM THE19
AUTHORITY.20
(b) P ROPERTY EXCLUDED FROM THE BOUNDARIES OF AN21
AUTHORITY PURSUANT TO THIS SUBSECTION (5) IS SUBJECT TO THE LEVY22
OF TAXES BY THE AUTHORITY FOR THE PAYMENT OF THE PROPERTY 'S23
PROPORTIONATE SHARE OF ANY INDEBTEDNESS OF THE AUTHORITY AND24
THE INTEREST THEREON THAT EXISTED IMMEDIATELY PRIOR TO THE25
EFFECTIVE DATE OF THE EXCLUSION.26
(c) THE CHANGE OF BOUNDARIES OF AN AUTHORITY CAUSED BY AN27
HB26-1036-11-
EXCLUSION OF PROPERTY PURSUANT TO THIS SUBSECTION (5) DOES NOT1
IMPAIR OR AFFECT THE AUTHORITY 'S ORGANIZATION OR ANY EXISTING2
CONTRACT, OBLIGATION, LIEN, OR CHARGE.3
(6) A N AUTHORITY THAT COORDINATES AN ELECTION AS4
AUTHORIZED BY THIS SECTION SHALL CONDUCT THE ELECTION IN5
SUBSTANTIALLY THE SAME MANNER AS MUNICIPAL OR COUNTY ELECTIONS,6
AS APPROPRIATE, AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION7
20 OF ARTICLE X OF THE STATE CONSTITUTION . THE MUNICIPAL OR8
COUNTY CLERK AND RECORDER OF EACH LOCAL GOVERNMENT IN WHICH9
THE ELECTION IS CONDUCTED SHALL ASSIST THE AUTHORITY IN10
CONDUCTING THE ELECTION.11
(7) ANY PUBLIC BODY, FOR THE PURPOSE OF AIDING AN AUTHORITY12
WHOSE BOUNDARIES ARE SITUATED IN WHOLE OR IN PART WITHIN THE13
AREA IN WHICH THE PUBLIC BODY IS AUTHORIZED TO ACT, UPON TERMS AS14
THE PUBLIC BODY DETERMINES, MAY:15
(a) DO EVERYTHING NECESSARY TO AID OR COOPERATE WITH THE16
AUTHORITY IN CONNECTION WITH THE PLANNING OR UNDERTAKING OF17
ANY ACTIVITIES IN FURTHERANCE OF THE PURPOSES OF THIS PART 13; AND 18
(b) ENTER INTO AGREEMENTS WITH THE AUTHORITY RESPECTING19
ACTION TO BE TAKEN PURSUANT TO ANY OF THE POWERS SET FORTH IN20
THIS PART 13.21
SECTION 3. In Colorado Revised Statutes, add 39-1-104.8 as22
follows:23
39-1-104.8. Authority to levy and assess additional ad valorem24
tax on vacant residential real property - county - municipality -25
election - legislative declaration - definitions.26
(1) T HE GENERAL ASSEMBLY FINDS AND DECLARES THAT A27
HB26-1036-12-
COUNTY OR MUNICIPAL AD VALOREM TAX DESCRIBED IN THIS SECTION1
THAT IS ASSESSED AND LEVIED ON REAL PROPERTY CLASSIFIED AS VACANT2
RESIDENTIAL PROPERTY DOES NOT VIOLATE THE UNIFORMITY CLAUSE OF3
ARTICLE X, SECTION 3 (1)(a) OF THE STATE CONSTITUTION BECAUSE IT IS4
A REASONABLE CLASSIFICATION BASED ON THE NATURE OF THE PROPERTY5
AND ALL PROPERTIES WITHIN THIS CLASS ARE UNIFORMLY TAXED WITHIN6
THE TAXING JURISDICTION, AS DESCRIBED IN SENIOR CORP. V. BOARD OF7
ASSESSMENT APPEALS, 702 P.2d 732, 738 (COLO. 1985), AND JENSEN V.8
DENVER, 806 P.2d 381, 384 (COLO. 1991).9
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
REQUIRES:11
(a) "SHORT-TERM RENTAL PROPERTY" MEANS PROPERTY THAT:12
(I) I S LICENSED AS A SHORT -TERM RENTAL UNIT WITHIN THE13
COUNTY, MUNICIPALITY, OR LOCAL HOUSING TAX AUTHORITY IMPOSING A14
TAX PURSUANT TO THIS SECTION; OR15
(II) (A) I S DESIGNED FOR USE PREDOMINANTLY AS A PLACE OF16
RESIDENCY BY A PERSON, A FAMILY, OR FAMILIES; AND17
(B) IS AVAILABLE TO BE LEASED FOR ONE OR MORE SHORT-TERM18
STAYS.19
(b) "S HORT-TERM STAY " MEANS OVERNIGHT LODGING THAT IS20
PROVIDED TO AN INDIVIDUAL OR BUSINESS FOR LESS THAN THIRTY21
CONSECUTIVE DAYS IN EXCHANGE FOR MONETARY PAYMENT.22
(c) "VACANT RESIDENTIAL PROPERTY" MEANS PROPERTY THAT:23
(I) I S DESIGNED FOR USE PREDOMINANTLY AS A PLACE OF24
RESIDENCY BY A PERSON, A FAMILY, OR FAMILIES;25
(II) I S UNOCCUPIED AND NOT USED AS A RESIDENCE FOR A26
SPECIFIED AMOUNT OF TIME , AS DETERMINED BY THE COUNTY ,27
HB26-1036-13-
MUNICIPALITY, OR LOCAL HOUSING TAX AUTHORITY IMPOSING A TAX1
PURSUANT TO THIS SECTION; AND2
(III) IS NOT SHORT-TERM RENTAL PROPERTY.3
(3) (a) E ACH COUNTY IN THE STATE IS AUTHORIZED TO ASSESS ,4
LEVY, COLLECT, AND ENFORCE AN AD VALOREM TAX ON RESIDENTIAL5
REAL PROPERTY THAT IS CLASSIFIED BY THE COUNTY AS VACANT6
RESIDENTIAL PROPERTY . A TAX AUTHORIZED PURSUANT TO THIS7
SUBSECTION (3) IS IN ADDITION TO ANY AD VALOREM TAX ASSESSED ON8
RESIDENTIAL REAL PROPERTY IN THE COUNTY.9
(b) A COUNTY SHALL NOT ASSESS OR LEVY AN AD VALOREM10
PROPERTY TAX PURSUANT TO THE PROVISIONS OF SUBSECTION (3)(a) OF11
THIS SECTION UNTIL THE PROPOSAL HAS BEEN REFERRED TO AND12
APPROVED BY THE ELIGIBLE ELECTORS OF THE COUNTY IN ACCORDANCE13
WITH THE REQUIREMENTS OF ARTICLE X, SECTION 20 OF THE STATE14
CONSTITUTION.15
(4) (a) E ACH MUNICIPALITY IN THE STATE IS AUTHORIZED TO16
ASSESS, LEVY , COLLECT , AND ENFORCE AN AD VALOREM TAX ON17
RESIDENTIAL REAL PROPERTY THAT IS CLASSIFIED BY THE MUNICIPALITY18
AS VACANT RESIDENTIAL PROPERTY . A TAX AUTHORIZED PURSUANT TO19
THIS SUBSECTION (4) IS IN ADDITION TO ANY AD VALOREM TAX ASSESSED20
ON RESIDENTIAL REAL PROPERTY IN THE MUNICIPALITY.21
(b) A MUNICIPALITY SHALL NOT ASSESS OR LEVY AN AD VALOREM22
PROPERTY TAX PURSUANT TO THE PROVISIONS OF SUBSECTION (4)(a) OF23
THIS SECTION UNTIL THE PROPOSAL HAS BEEN REFERRED TO AND24
APPROVED BY THE ELIGIBLE ELECTORS OF THE MUNICIPALITY IN25
ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE X, SECTION 20 OF THE26
STATE CONSTITUTION.27
HB26-1036-14-
(5) (a) A COUNTY OR MUNICIPALITY THAT ASSESSES AND IMPOSES1
AN AD VALOREM PROPERTY TAX PURSUANT TO THIS SECTION SHALL2
COLLECT, ADMINISTER , AND ENFORCE THE TAX . A MUNICIPALITY MAY3
COLLECT, ADMINISTER, AND ENFORCE THE TAX ACCORDING TO PART 1 OF4
ARTICLE 20 OF TITLE 31, INCLUDING CERTIFYING DELINQUENT CHARGES,5
ASSESSMENTS, OR TAXES TO THE TREASURER OF THE COUNTY PURSUANT6
TO SECTION 31-20-105.7
(b) A COUNTY OR MUNICIPALITY THAT ASSESSES AND IMPOSES AN8
AD VALOREM PROPERTY TAX PURSUANT TO THIS SECTION MAY ESTABLISH9
GUIDELINES FOR THE CLASSIFICATION OF REAL PROPERTY AS VACANT10
RESIDENTIAL PROPERTY.11
(6) O NE OR MORE COUNTIES OR MUNICIPALITIES MAY FORM A12
LOCAL HOUSING TAX AUTHORITY PURSUANT TO PART 13 OF ARTICLE 4 OF13
TITLE 29 TO COLLABORATE ON A COORDINATED ELECTION TO APPROVE THE14
ASSESSMENT AND LEVY OF AN AD VALOREM PROPERTY TAX PURSUANT TO15
THIS SECTION AND ON THE COLLECTION , ADMINISTRATION , AND16
ENFORCEMENT OF AN APPROVED TAX.17
(7) (a) A COUNTY OR MUNICIPALITY IN WHICH THE ELIGIBLE18
ELECTORS HAVE APPROVED THE LEVY OF AN AD VALOREM PROPERTY TAX19
PURSUANT TO THIS SECTION MAY CREDIT THE REVENUES COLLECTED FROM20
THE TAX TO THE GENERAL FUND OF THE COUNTY OR MUNICIPALITY OR TO21
ANY SPECIAL FUND CREATED IN THE COUNTY 'S OR MUNICIPALITY 'S22
TREASURY.23
(b) A COUNTY OR MUNICIPALITY MAY USE THE REVENUES24
COLLECTED FROM A TAX IMPOSED PURSUANT TO THIS SECTION ONLY FOR25
AFFORDABLE, ATTAINABLE, OR WORKFORCE HOUSING, AS DEFINED BY THE26
COUNTY OR MUNICIPALITY . TO THE EXTENT THAT A COUNTY OR27
HB26-1036-15-
MUNICIPALITY IS REQUIRED TO CONDUCT A HOUSING NEEDS ASSESSMENT1
PURSUANT TO PART 37 OF ARTICLE 32 OF TITLE 24, THE REVENUES2
COLLECTED FROM THE TAX MUST BE USED TO SUPPORT A DEMONSTRATED3
NEED IDENTIFIED IN THE COUNTY 'S OR MUNICIPALITY 'S MOST RECENT4
HOUSING NEEDS ASSESSMENT.5
(8) A COUNTY ASSESSOR HAS NO DUTY IN IMPLEMENTING A TAX6
ASSESSED AND LEVIED BY A COUNTY OR MUNICIPALITY PURSUANT TO THIS7
SECTION. IN AN ASSESSOR 'S DISCRETION, THE ASSESSOR MAY ASSIST BY8
PROVIDING DATA AND INFORMATION TO A COUNTY , MUNICIPALITY, OR9
LOCAL HOUSING TAX AUTHORITY AND MAY ENTER INTO AN10
INTERGOVERNMENTAL AGREEMENT THAT PROVIDES FOR COMPENSATION11
IN EXCHANGE FOR THE ASSESSOR'S ASSISTANCE.12
(9) NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO LIMIT13
THE POWERS OF HOME RULE MUNICIPALITIES ORGANIZED UNDER THE14
PROVISIONS OF ARTICLE XX OF THE STATE CONSTITUTION.15
SECTION 4. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly (August18
12, 2026, if adj ournment sine die is on May 13, 2026); except that, if a19
referendum petition is filed pursuant to section 1 (3) of article V of the20
state constitution against this act or an item, section, or part of this act21
within such period, then the act, item, section, or part will not take effect22
unless approved by the people at the general election to be held in23
November 2026 and, in such case, will take effect on the date of the24
official declaration of the vote thereon by the governor.25
HB26-1036-16-