HB 1202

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.
     HOUSE BILL 26-1202
     BY REPRESENTATIVE(S) Rutinel and Sirota, Camacho, Clifford, Ricks,
     Boesenecker, Brown, Froelich, Gilchrist, Goldstein, Hamrick, Jackson,
     Lindsay, Mabrey, Nguyen, Phillips, Rydin, Stewart R.;
     also SENATOR(S) Amabile and Marchman, Wallace, Benavidez, Cutter,
     Gonzales J., Kipp, Coleman.
     CONCERNING      STRATEGIES TO MITIGATE HOMELESSNESS, AND, IN
             CONNECTION THEREWITH, REQUIRING THE DEPARTMENT OF LOCAL
             AFFAIRS TO PRESENT A PROPOSAL FOR A STATEWIDE STRATEGY ON
             HOMELESSNESS PREVENTION AND RESOLUTION, ALLOWING LOCAL
             GOVERNMENTS TO CREATE MULTIJURISDICTIONAL HOMELESSNESS
             AUTHORITIES, AND ALLOWING REAL ESTATE DOCUMENTARY FEES TO
             BE USED FOR AFFORDABLE HOUSING.
     Be it enacted by the General Assembly of the State of Colorado:
             SECTION 1. In Colorado Revised Statutes, add part 39 to article
     32 of title 24 as follows:
                                  PART 39
                 STATEWIDE STRATEGY FOR HOMELESSNESS
                         PREVENTION AND RESOLUTION
     ________
     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.
      24-32-3901. Legislative declaration.
      (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
      (a) HOMELESSNESS IS ON THE RISE IN COLORADO. THERE WERE MORE
THAN THIRTEEN THOUSAND INDIVIDUALS EXPERIENCING HOMELESSNESS ON
A SINGLE NIGHT IN JANUARY 2024. IN 2024, MORE THAN FIFTY-TWO
THOUSAND EIGHT HUNDRED INDIVIDUALS SOUGHT HOUSING AND SERVICES
RELATED TO HOMELESSNESS THROUGH THE COLORADO HOMELESS
MANAGEMENT INFORMATION SYSTEM'S PARTNER AGENCIES.
      (b)     INDIVIDUALS EXPERIENCING HOMELESSNESS IN THE
SEVEN-COUNTY DENVER-METRO AREA CITED RELATIONSHIP PROBLEMS OR
BREAKUPS, INABILITY TO FIND OR MAINTAIN A JOB, FAMILY ISSUES,
INABILITY TO PAY RENTS OR MORTGAGES, AND COST OF HOUSING AS THE TOP
REASONS CONTRIBUTING TO HOMELESSNESS.
       (c) AS OF 2024, COLORADO WAS THE EIGHTH LEAST AFFORDABLE
STATE IN THE NATION ACCORDING TO THE NATIONAL LOW INCOME HOUSING
COALITION. THE COALITION FOUND THAT, TO PAY FOR A ONE-BEDROOM
HOME, A COLORADO RENTER MUST EITHER MAKE SIXTY-FIVE THOUSAND
DOLLARS A YEAR OR WORK EIGHTY-FIVE HOURS A WEEK MAKING MINIMUM
WAGE. FORTY PERCENT OF INDIVIDUALS EXPERIENCING HOMELESSNESS
HAVE PAYING JOBS, AND ONLY ONE IN FOUR INDIVIDUALS WHO QUALIFY FOR
RENTAL SUBSIDIES RECEIVE THEM.
      (d) ACCORDING TO THE COLORADO FUTURES CENTER, NEARLY HALF
OF COLORADO HOUSEHOLDS HAVE ANNUAL INCOMES BELOW SEVENTY- FIVE
THOUSAND DOLLARS. THESE HOUSEHOLDS MUST SPEND AN OUTSIZED
PORTION OF THEIR EARNINGS ON HOUSING, REPRESENTING OVER FIVE BILLION
DOLLARS IN FOREGONE SPENDING IN OTHER SECTORS OF COLORADO'S
ECONOMY.
      (e) HOUSING INSTABILITY IS AT AN ALL-TIME HIGH, AND THERE IS A
DEFICIT OF AFFORDABLE HOMES IN COLORADO. FOR INDIVIDUALS IN
COLORADO EARNING THIRTY PERCENT OR LESS OF THE AREA MEDIAN
INCOME, THERE ARE ONLY TWENTY-SEVEN AVAILABLE HOMES THAT ARE
CONSIDERED AFFORDABLE FOR EVERY ONE HUNDRED HOMES NEEDED.
      (f) COLORADO LACKS ADEQUATE STATEWIDE STRATEGIES DESIGNED
PAGE 2-HOUSE BILL 26-1202
TO RESOLVE AND PREVENT HOMELESSNESS. COLORADO COULD BENEFIT
FROM IMPROVED INFRASTRUCTURE TO CONVENE STATE AGENCIES, LOCAL
GOVERNMENTS, CONTINUUMS OF CARE, NONPROFITS, AND OTHER HOUSING
ORGANIZATIONS TO IMPLEMENT HOMELESSNESS SOLUTIONS.
      (g) BY DIRECTING THE DEPARTMENT OF LOCAL AFFAIRS TO PRESENT
A PLAN FOR A STATEWIDE STRATEGY ON HOMELESSNESS PREVENTION AND
RESOLUTION, THE GENERAL ASSEMBLY INTENDS TO BRING TOGETHER
DIVERSE ENTITIES THAT WILL WORK TO REDUCE AND PREVENT
HOMELESSNESS IN COLORADO.
      24-32-3902. Proposal for a statewide strategy on homelessness
prevention and resolution - definitions.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
      (a) "CONTINUUM OF CARE ORGANIZATION" MEANS ONE OF THE
CONTINUUM OF CARE ORGANIZATIONS ESTABLISHED PURSUANT TO 24 CFR
578, INCLUDING THE METRO DENVER HOMELESS INITIATIVE, THE
COLORADO BALANCE OF STATE CONTINUUM OF CARE, THE NORTHERN
COLORADO CONTINUUM OF CARE, AND THE PIKES PEAK CONTINUUM OF
CARE.
     (b) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS
CREATED IN SECTION 24-1-125.
       (c) "OPERATIONAL SERVICE" HAS THE SAME MEANING AS SET FORTH
IN SECTION 39-22-548 (2)(h).
      (2) IN JANUARY 2027, AS PART OF THE DEPARTMENT'S "SMART
ACT" HEARING REQUIRED BY SECTION 2-7-203, THE DEPARTMENT SHALL
SUBMIT AND PRESENT A PROPOSAL FOR THE DEVELOPMENT OF A STATEWIDE
STRATEGY ON HOMELESSNESS PREVENTION AND RESOLUTION. THE PROPOSAL
MUST INCLUDE A PLAN THAT SETS FORTH A TIMELINE, AN ESTIMATED
BUDGET, AND A PROCESS FOR DEVELOPING AND IMPLEMENTING A STATEWIDE
STRATEGY ON HOMELESSNESS PREVENTION AND RESOLUTION. THE PROPOSAL
MUST SET FORTH THE FOLLOWING COMPONENTS THAT MUST BE INCLUDED IN
THE STATEWIDE STRATEGY ON HOMELESSNESS PREVENTION AND
RESOLUTION:
PAGE 3-HOUSE BILL 26-1202
     (a) IDENTIFICATION OF GAPS AND BARRIERS THAT IMPEDE ACCESS TO
OPERATIONAL SERVICES FOR INDIVIDUALS EXPERIENCING HOMELESSNESS;
      (b)   IDENTIFICATION  OF STATE AGENCY-PROVIDED HOUSING
RESOURCES, INCLUDING UTILIZATION RATES;
      (c) RECOMMENDATIONS FOR COLLABORATION BETWEEN STATE AND
LOCAL PARTNERS TO FACILITATE HOMELESSNESS RESPONSE;
      (d) RECOMMENDATIONS FOR FUNDING AND POLICIES THAT COULD BE
IMPLEMENTED AT THE STATE LEVEL TO SUPPORT HOMELESSNESS
PREVENTION AND RESOLUTION;
      (e)   RECOMMENDATIONS     THAT HAVE BEEN PROPOSED IN
COORDINATION WITH CONTINUUM OF CARE ORGANIZATIONS TO IMPROVE THE
IMPLEMENTATION OF THE HOMELESS MANAGEMENT INFORMATION SYSTEM,
DATA REPORTING, AND COORDINATED ENTRY SYSTEMS; AND
      (f) UPDATES ON REGIONAL NAVIGATION CAMPUSES CREATED
PURSUANT TO SECTION 24-32-727.
      (3) WHEN DEVELOPING THE PROPOSAL REQUIRED BY SUBSECTION (2)
OF THIS SECTION, THE DEPARTMENT SHALL SEEK AND INCORPORATE
FEEDBACK FROM A DIVERSE ARRAY OF STAKEHOLDERS.
      SECTION 2. In Colorado Revised Statutes, add 29-1-204.7 as
follows:
      29-1-204.7. Establishment of multijurisdictional homelessness
response authorities - definitions.
      (1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
      (a) "AUTHORITY" MEANS A MULTIJURISDICTIONAL HOMELESSNESS
RESPONSE AUTHORITY CREATED PURSUANT TO SUBSECTION (2) OF THIS
SECTION.
     (b) "BOARD" MEANS THE BOARD OF DIRECTORS THAT GOVERNS AN
AUTHORITY IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION AND IN
PAGE 4-HOUSE BILL 26-1202
WHICH ALL LEGISLATIVE POWER OF THE AUTHORITY IS VESTED.
      (c) "CONTINUUM OF CARE ORGANIZATION" MEANS ONE OF THE
CONTINUUM OF CARE ORGANIZATIONS ESTABLISHED PURSUANT TO 24 CFR
578, INCLUDING THE METRO DENVER HOMELESS INITIATIVE, THE
COLORADO BALANCE OF STATE CONTINUUM OF CARE, THE NORTHERN
COLORADO CONTINUUM OF CARE, AND THE PIKES PEAK CONTINUUM OF
CARE.
      (d)   "CONTRACTING LOCAL GOVERNMENT" MEANS A LOCAL
GOVERNMENT THAT HAS ENTERED INTO AN INTERGOVERNMENTAL
AGREEMENT WITH OTHER LOCAL GOVERNMENTS TO FORM AN AUTHORITY
PURSUANT TO SUBSECTION (2) OF THIS SECTION.
       (e) "INTERGOVERNMENTAL AGREEMENT" MEANS THE AGREEMENT
ENTERED INTO BY LOCAL GOVERNMENTS PURSUANT TO SUBSECTION (2) OF
THIS SECTION TO CREATE AN AUTHORITY.
       (f) "LOCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE
CITY, TOWN, CITY AND COUNTY, OR COUNTY.
      (2) Creation. ANY COMBINATION OF LOCAL GOVERNMENTS MAY, BY
ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH EACH OTHER,
ESTABLISH A SEPARATE GOVERNMENTAL ENTITY TO BE KNOWN AS A
MULTIJURISDICTIONAL HOMELESSNESS RESPONSE AUTHORITY. AN
AUTHORITY MUST:
      (a) BE USED BY THE CONTRACTING LOCAL GOVERNMENTS TO REDUCE
AND PREVENT HOMELESSNESS; AND
     (b) HAVE BOUNDARIES THAT CONTAIN THE ENTIRETY OF ALL THE
CONTRACTING LOCAL GOVERNMENTS, BUT NOTHING MORE.
      (3) Requirements for the intergovernmental agreement. THE
INTERGOVERNMENTAL AGREEMENT ESTABLISHING AN AUTHORITY MUST
SPECIFY:
     (a) THE NAME OF THE AUTHORITY AND THE FUNCTIONS OR SERVICES
RELATED TO THE AUTHORITY'S PURPOSE OF REDUCING AND PREVENTING
HOMELESSNESS;
PAGE 5-HOUSE BILL 26-1202
      (b) DETAILS REGARDING THE ESTABLISHMENT AND ORGANIZATION
OF A BOARD OF DIRECTORS, INCLUDING:
       (I) THE NUMBER OF DIRECTORS, THEIR MANNER OF APPOINTMENT,
THEIR TERMS OF OFFICE, THEIR COMPENSATION, IF ANY, AND THE PROCEDURE
FOR FILLING VACANCIES ON THE BOARD;
      (II) THE OFFICERS OF THE AUTHORITY, THE MANNER OF THEIR
SELECTION, AND THEIR DUTIES;
      (III) THE VOTING REQUIREMENTS FOR ACTION BY THE BOARD;
EXCEPT THAT, UNLESS SPECIFICALLY OTHERWISE PROVIDED, A MAJORITY OF
DIRECTORS CONSTITUTES A QUORUM, AND A MAJORITY OF A QUORUM IS
NECESSARY FOR ANY ACTION TAKEN BY THE BOARD; AND
      (IV)  THE DUTIES OF THE BOARD, WHICH MUST INCLUDE THE
OBLIGATION TO COMPLY WITH PARTS 1, 5, AND 6 OF THIS ARTICLE 1;
      (c) PROVISIONS FOR THE DISPOSITION, DIVISION, OR DISTRIBUTION OF
ANY PROPERTY OR ASSETS OF THE AUTHORITY;
      (d) THE TERM OF THE INTERGOVERNMENTAL AGREEMENT, WHICH
MAY BE CONTINUED FOR A DEFINITE TERM OR UNTIL RESCINDED OR
TERMINATED, AND THE METHOD, IF ANY, BY WHICH IT MAY BE RESCINDED OR
TERMINATED; EXCEPT THAT SUCH AN INTERGOVERNMENTAL AGREEMENT
MAY NOT BE RESCINDED OR TERMINATED SO LONG AS THE AUTHORITY HAS
BONDS, NOTES, OR OTHER OBLIGATIONS OUTSTANDING UNLESS PROVISION
FOR FULL PAYMENT OF SUCH OBLIGATIONS, BY ESCROW OR OTHERWISE, HAS
BEEN MADE PURSUANT TO THE TERMS OF SUCH OBLIGATIONS;
      (e) ANY EXPECTED SOURCES OF REVENUE OF THE AUTHORITY; AND
     (f) THE AUTHORITY'S PLAN REGARDING THE LEVY OF TAXES BY
LOCAL GOVERNMENTS FOR THE PURPOSES OF PLANNING, COORDINATING,
AND IMPLEMENTING REGIONAL STRATEGIES TO REDUCE AND PREVENT
HOMELESSNESS, IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION.
      (4) General discretionary powers of the authority. THE GENERAL
DISCRETIONARY POWERS OF THE AUTHORITY INCLUDE:
PAGE 6-HOUSE BILL 26-1202
      (a) TO PLAN, COORDINATE, AND IMPLEMENT REGIONAL STRATEGIES
TO REDUCE AND PREVENT HOMELESSNESS;
      (b) TO COORDINATE AND PLAN WITH THE DEPARTMENT OF LOCAL
AFFAIRS AND THE CONTINUUM OF CARE ORGANIZATION THAT OPERATES
WITHIN THE BOUNDARIES OF THE AUTHORITY TO REDUCE AND PREVENT
HOMELESSNESS;
     (c) TO, IF FEASIBLE AND AGREED UPON BY THE CONTRACTING LOCAL
GOVERNMENTS AND THE CONTINUUM OF CARE ORGANIZATION, CONTRACT
WITH THE CONTINUUM OF CARE ORGANIZATION THAT OPERATES WITHIN THE
BOUNDARIES OF THE AUTHORITY TO DESIGNATE THE CONTINUUM OF CARE
ORGANIZATION AS THE ADMINISTRATOR OF THE AUTHORITY;
      (d) TO MAKE AND ENTER INTO CONTRACTS WITH ANY PERSON,
INCLUDING, WITHOUT LIMITATION, CONTRACTS WITH STATE OR FEDERAL
AGENCIES, CONTINUUM OF CARE ORGANIZATIONS, PRIVATE ENTERPRISES,
AND NONPROFIT ORGANIZATIONS THAT ARE ALSO INVOLVED IN REDUCING
AND PREVENTING HOMELESSNESS, IRRESPECTIVE OF WHETHER SUCH
AGENCIES ARE PARTIES TO THE INTERGOVERNMENTAL AGREEMENT;
      (e) TO EMPLOY AGENTS AND EMPLOYEES;
      (f) TO ACQUIRE, HOLD, LEASE AS LESSOR OR LESSEE, SELL, OR
OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY, COMMODITY, OR
SERVICE;
      (g) TO INCUR DEBTS, LIABILITIES, OR OBLIGATIONS;
      (h) TO SUE AND BE SUED IN ITS OWN NAME;
      (i) TO ADOPT, BY RESOLUTION, REGULATIONS RESPECTING THE
EXERCISE OF ITS POWERS AND THE CARRYING OUT OF ITS PURPOSES;
      (j) TO PROVIDE FOR THE LEVY OF SALES OR SALES AND USE TAXES BY
CONTRACTING LOCAL GOVERNMENTS FOR THE PURPOSES OF PLANNING,
COORDINATING, AND IMPLEMENTING REGIONAL STRATEGIES TO REDUCE AND
PREVENT HOMELESSNESS IN ACCORDANCE WITH SUBSECTION (5) OF THIS
SECTION;
PAGE 7-HOUSE BILL 26-1202
      (k) TO EXERCISE ANY OTHER POWERS THAT ARE ESSENTIAL TO THE
PROVISION OF FUNCTIONS, SERVICES, OR FACILITIES BY THE AUTHORITY AND
THAT ARE SPECIFIED IN THE INTERGOVERNMENTAL AGREEMENT; AND
       (l) TO PERFORM ANY ACTS AUTHORIZED BY THIS SECTION UNDER,
THROUGH, OR BY MEANS OF AN AGENT OR BY CONTRACTS WITH ANY PERSON,
FIRM, OR CORPORATION.
      (5) Levy of taxes. IF THE INTERGOVERNMENTAL AGREEMENT THAT
CREATES AN AUTHORITY PROVIDES THAT THE CONTRACTING LOCAL
GOVERNMENTS SHALL LEVY SALES OR SALES AND USE TAXES TO BE USED BY
THE AUTHORITY TO PLAN, COORDINATE, AND IMPLEMENT REGIONAL
STRATEGIES TO REDUCE AND PREVENT HOMELESSNESS:
      (a) EACH CONTRACTING LOCAL GOVERNMENT SHALL SUBMIT TO ITS
REGISTERED ELECTORS A BALLOT QUESTION THAT RELATES TO THE TAX,
THAT REQUIRES ANY NEW TAX REVENUE APPROVED THROUGH THE BALLOT
QUESTION TO BE USED SOLELY FOR THE PLANNING, COORDINATION, AND
IMPLEMENTATION OF REGIONAL STRATEGIES TO REDUCE AND PREVENT
HOMELESSNESS, AND THAT COMPLIES WITH SECTION 20 OF ARTICLE X OF THE
STATE CONSTITUTION;
      (b)    THE INTERGOVERNMENTAL AGREEMENT MUST INCLUDE
PROVISIONS THAT APPLY TO A CASE IN WHICH THE ELECTORS IN SOME BUT
NOT ALL OF THE CONTRACTING LOCAL GOVERNMENTS APPROVE THE BALLOT
QUESTION DESCRIBED IN SUBSECTION (5)(a) OF THIS SECTION;
        (c) ANY SALES TAX LEVIED IN ACCORDANCE WITH THIS SUBSECTION
(5) IS IN ADDITION TO ANY OTHER SALES TAX IMPOSED PURSUANT TO LAW;
AND
      (d) THE INTERGOVERNMENTAL AGREEMENT MUST PROVIDE THAT ALL
OR PART OF THE TAXES LEVIED IN ACCORDANCE WITH THIS SUBSECTION (5)
ARE DISTRIBUTED TO THE AUTHORITY.
      (6) Political subdivision of the state. AN AUTHORITY IS A POLITICAL
SUBDIVISION AND A PUBLIC CORPORATION OF THE STATE, SEPARATE FROM
THE CONTRACTING LOCAL GOVERNMENTS, AND IS A VALIDLY CREATED AND
EXISTING POLITICAL SUBDIVISION AND PUBLIC CORPORATION OF THE STATE,
IRRESPECTIVE OF WHETHER A CONTRACTING LOCAL GOVERNMENT
PAGE 8-HOUSE BILL 26-1202
WITHDRAWS, WHETHER VOLUNTARILY, BY OPERATION OF LAW, OR
OTHERWISE, FROM THE AUTHORITY SUBSEQUENT TO ITS CREATION UNDER
CIRCUMSTANCES NOT RESULTING IN THE RESCISSION OR TERMINATION OF
THE CONTRACT ESTABLISHING THE AUTHORITY PURSUANT TO ITS TERMS. AN
AUTHORITY HAS THE DUTIES, PRIVILEGES, IMMUNITIES, RIGHTS, LIABILITIES,
AND DISABILITIES OF A PUBLIC BODY POLITIC AND CORPORATE.
      (7) Gifts, grants, and donations. AN AUTHORITY MAY SEEK,
ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR
PUBLIC SOURCES FOR THE PURPOSES OF PLANNING, COORDINATING, AND
IMPLEMENTING REGIONAL      STRATEGIES    TO   REDUCE   AND   PREVENT
HOMELESSNESS.
      (8) Bonds. AN AUTHORITY MAY ISSUE REVENUE OR GENERAL
OBLIGATION BONDS AND MAY PLEDGE ITS REVENUE AND REVENUE-RAISING
POWERS FOR THE PAYMENT OF SUCH BONDS. SUCH BONDS MUST BE ISSUED
ON THE TERMS AND SUBJECT TO THE CONDITIONS SET FORTH IN SECTION
43-4-609. THE BONDS, NOTES, AND OTHER OBLIGATIONS OF AN AUTHORITY
ARE NOT DEBTS, LIABILITIES, OR OBLIGATIONS OF THE CONTRACTING LOCAL
GOVERNMENTS.
      (9) Exempt from state taxation. AN AUTHORITY, THE PROPERTY OF
AN AUTHORITY, THE INCOME OR OTHER REVENUES OF AN AUTHORITY, ANY
BONDS ISSUED BY AN AUTHORITY, AND THE TRANSFER OF AND THE INCOME
FROM ANY BONDS ISSUED BY THE AUTHORITY ARE EXEMPT FROM ALL
TAXATION AND ASSESSMENTS IN THE STATE.
      (10) Fiscal year spending.
      (a) FOR THE PURPOSE OF DETERMINING AN AUTHORITY'S FISCAL YEAR
SPENDING LIMIT UNDER SECTION 20 (7)(b) OF ARTICLE X OF THE STATE
CONSTITUTION, THE INITIAL SPENDING BASE OF THE AUTHORITY IS THE
AMOUNT OF REVENUES COLLECTED BY THE AUTHORITY FROM SOURCES NOT
EXCLUDED FROM FISCAL YEAR SPENDING PURSUANT TO SECTION 20 (2)(e) OF
ARTICLE X OF THE STATE CONSTITUTION DURING THE FIRST FULL FISCAL
YEAR FOR WHICH THE AUTHORITY COLLECTED REVENUES.
      (b) AS USED IN THIS SUBSECTION (11), "FISCAL YEAR" MEANS ANY
YEAR-LONG PERIOD USED BY AN AUTHORITY FOR FISCAL ACCOUNTING
PURPOSES.
PAGE 9-HOUSE BILL 26-1202
       (11) Local governments retain powers. NOTHING IN THIS SECTION
LIMITS THE POWER OF CONTRACTING LOCAL GOVERNMENTS TO:
      (a)     ENTER INTO INTERGOVERNMENTAL COOPERATION OR
AGREEMENTS OR ESTABLISH SEPARATE LEGAL ENTITIES PURSUANT TO
SECTION 29-1-203, ARTICLE XX OF THE STATE CONSTITUTION, OR ANY
OTHER APPLICABLE LAW;
     (b) CARRY OUT THEIR INDIVIDUAL POWERS UNDER APPLICABLE
STATUTORY OR CHARTER PROVISIONS; OR
      (c) EXERCISE THE POWERS RESERVED TO CITIES AND TOWNS BY THE
STATE CONSTITUTION, INCLUDING THE POWER TO ACHIEVE ANY PURPOSE OR
FUNCTION DESCRIBED IN THIS SECTION.
      SECTION 3. In Colorado Revised Statutes, 39-13-102, add (6) as
follows:
      39-13-102. Documentary fee imposed - amount - to whom
payable - legislative declaration - definition.
     (6) (a) A COUNTY MAY DESIGNATE A PORTION OF THE MONEY
COLLECTED FROM THE DOCUMENTARY FEE, OTHER THAN THE PORTION THAT
IS USED TO OFFSET ADMINISTRATIVE COSTS RELATED TO RECORDING AND
MAINTAINING REAL PROPERTY DEEDS AND INSTRUMENTS, TO BE
TRANSFERRED TO THE COUNTY GOVERNMENT OR A HOUSING AUTHORITY FOR
THE PURPOSE OF DEVELOPING, PRESERVING, OR ACQUIRING AFFORDABLE
HOUSING THAT:
      (I) IS WITHIN THE JURISDICTION OF THE COUNTY GOVERNMENT OR
HOUSING AUTHORITY;
      (II) IS ALIGNED WITH DEMONSTRATED COMMUNITY NEEDS; AND
      (III) WILL      BE AVAILABLE TO INDIVIDUALS EXPERIENCING
HOMELESSNESS.
      (b) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
      (I) AS THE VOLUME OF REAL ESTATE TRANSACTIONS HAS INCREASED
PAGE 10-HOUSE BILL 26-1202
SIGNIFICANTLY, REAL ESTATE PRICES AND COSTS HAVE ALSO INCREASED,
IMPACTING THE AVAILABILITY AND AFFORDABILITY OF HOUSING IN
COLORADO; AND
       (II) LOCAL GOVERNMENTS SHOULD BE PERMITTED TO USE THE
DOCUMENTARY FEE TO OFFSET THE ADMINISTRATIVE COSTS ASSOCIATED
WITH RECORDING AND MAINTAINING REAL PROPERTY DEEDS AND
INSTRUMENTS AND THE COSTS OF BUILDING AND MAINTAINING AFFORDABLE
HOUSING.
       SECTION 4. Severability. If any provision of this act or the
application of this act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
       SECTION 5. 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 (August
12, 2026, if adjournment sine die is on May 13, 2026); 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
PAGE 11-HOUSE BILL 26-1202
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
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 26-1202