Amendments for HB24-1294
House Journal, March 20
40 HB24-1294 be amended as follows, and as so amended, be referred to
41 the Committee on Appropriations with favorable
42 recommendation:
43
44 Amend printed bill, page 6, line 3, strike "(3),".
45
46 Page 8, line 10, strike "CURRENT RENT-TO-OWN CONTRACT." and
47 substitute "RENT-TO-OWN CONTRACT PURSUANT TO PART 13 OF THIS
48 ARTICLE 12 THAT HAS NOT BEEN TERMINATED.".
49
50 Page 8, strike lines 11 through 17.
51
52 Page 8, line 19, strike "homes." and substitute "homes".
53
54 Page 8, line 21, after "assignees" insert "FOR WHICH THE MANAGEMENT OR
55 LANDLORD HAS A RENTAL AGREEMENT WITH A TENANT FOR A MOBILE
1 HOME OR LOT OR IS RECEIVING RENT PAYMENTS FOR A MOBILE HOME OR
2 LOT FROM A TENANT OR A THIRD PARTY.".
3
4 Page 9, line 15, after "CONDEMNED" insert "FOR REASONS THAT ARE THE
5 RESPONSIBILITY OF THE PARK OWNER".
6
7 Page 9, lines 22 and 23, strike "(4)(e), (4)(f), (6), and (7)" and substitute
8 "(4)(e)".
9
10 Page 10, line 3, strike "ten FOURTEEN" and substitute "ten".
11
12 Page 10, line 21, strike "ORDER OR ANY OFFICIAL NOTICE" and substitute
13 "ORDER.".
14
15 Page 10, strike lines 22 through 24.
16
17 Reletter succeeding paragraph accordingly.
18
19 Page 10, line 26, strike "TWENTY-FOUR" and substitute "TWELVE".
20
21 Page 11, line 1, after "38-12-212.3." add "THIS SUBSECTION (4)(e) SHALL
22 NOT APPLY TO A NEGOTIATED SETTLEMENT THAT PRECEDES A FINAL
23 AGENCY OR COURT ORDER.".
24
25 Page 11, strike lines 2 through 10.
26
27 Page 14, line 16, strike "DAYS, AND THE" and substitute "DAYS, DURING
28 WHICH THE DIVISION IS ENCOURAGED TO REVIEW AND CONDUCT AN INITIAL
29 ASSESSMENT OF THE COMPLAINT. THE".
30
31 Page 14, line 23, after "COMPLAINT." add "THIS SECTION DOES NOT APPLY
32 TO EVICTIONS FILED PURSUANT TO SECTION 38-12-203(1)(f).".
33
34 Page 15, line 15, after "THE" insert "REASONABLE".
35
36 Page 15, line 16, strike "FORTY-EIGHT HOURS" and substitute "SEVEN
37 DAYS".
38
39 Page 15, line 23, after "MEETING." add "A LANDLORD MAY USE A VIRTUAL
40 LANGUAGE LINE OR OTHER MEANS OF PROVIDING LIVE INTERPRETATION
41 VIRTUALLY OR ONLINE TO SATISFY THE REQUIREMENTS OF THIS SECTION.
42 THE DIVISION IS ENCOURAGED TO PUBLISH A LIST OF AVAILABLE VIRTUAL,
43 ONLINE, AND REMOTE INTERPRETATION SERVICES THAT ARE OFFERED BY
44 TRAINED INTERPRETERS.".
45
46 Page 16, strike lines 9 and 10 and substitute:
47 "(C) Running water and reasonable amounts of water are
48 furnished at all times to each utility".
49
50 Page 16, line 15, after "reason;" insert "A THIRD-PARTY WATER PROVIDER
51 SHUTS OFF WATER FOR THE MOBILE HOME PARK FOR ANY REASON THAT IS
52 UNRELATED TO THE LANDLORD'S ACTIONS OR INACTIONS;".
53
54 Page 17, lines 3 and 4, strike "SUFFICIENT FOR DRINKING, COOKING,
55 BATHING," and substitute "REASONABLY SUFFICIENT FOR DRINKING AND
1 COOKING NO LATER THAN TWELVE HOURS AFTER A SERVICE DISRUPTION
2 BEGINS, AND REASONABLY SUFFICIENT FOR BATHING".
3
4 Page 17, line 5, strike "HOUSEHOLD," and substitute "HOUSEHOLD NO
5 LATER THAN SEVENTY-TWO HOURS AFTER A SERVICE DISRUPTION
6 BEGINS,".
7
8 Page 17, line 13, strike "WATER," and substitute "WATER REASONABLY".
9
10 Page 17, line 14, after "HYGIENE" insert "WITHIN THE TIME FRAMES
11 SPECIFIED IN SUBSECTION (1)(b)(II) OF THIS SECTION".
12
13 Page 17, line 16, strike "PARK." and substitute "PARK PERFORMED OR
14 ORDERED BY A PARK OWNER OR A PARK OWNER'S AGENT OR
15 CONTRACTOR.".
16
17 Page 17, line 25, after "roads," insert "EXISTING OR CONSTRUCTED".
18
19 Page 19, line 12, strike "AN" and substitute "ONE".
20
21 Page 19, line 13, strike "LANGUAGE," and substitute "LANGUAGE OTHER
22 THAN ENGLISH OR SPANISH,".
23
24 Page 19, line 16, after the period add "A LANDLORD MAY PROVIDE A
25 TRANSLATION PURSUANT TO THIS SECTION VIRTUALLY OR THROUGH THE
26 USE OF AN ONLINE TRANSLATION PROGRAM, INCLUDING PROGRAMS THAT
27 MAY BE PUBLISHED BY THE DIVISION, SO LONG AS THE TRANSLATED
28 WRITTEN NOTICE, DISCLOSURE, OR COMMUNICATION SATISFIES ALL
29 APPLICABLE LEGAL REQUIREMENTS.".
30
31 Page 20, line 5, after "INFORMATION" insert "REASONABLY".
32
33 Page 20, line 22, strike "ANY LANGUAGE" and substitute "ONE LANGUAGE
34 IN ADDITION TO ENGLISH AND SPANISH".
35
36 Page 20, line 27, strike "SERVICE." and substitute "SERVICE, INCLUDING A
37 VIRTUAL OR REMOTE LANGUAGE LINE THAT PROVIDES LIVE
38 INTERPRETATION BY A TRAINED INTERPRETER.".
39
40 Page 23, line 8, after "(c)" insert "(I)".
41
42 Page 23, line 13, strike "(I)" and substitute "(A)".
43
44 Page 23, line 16, strike "(II)" and substitute "(B)" and strike "OR RESIDE
45 AT".
46
47 Page 23, line 17, strike "STRUCTURE;" and substitute "STRUCTURE, OR
48 WHO MAY RESIDE AT THE MOBILE HOME;".
49
50 Page 23, line 18, strike "(III)" and substitute "(C)".
51
52 Page 23, line 20, strike "(IV)" and substitute "(D)".
53
54 Page 23, line 21, strike "STATE" and substitute "FEDERAL, STATE,".
55
56
1 Page 23, after line 21 insert:
2
3 "(II) THIS SUBSECTION (2)(c) DOES NOT PRECLUDE A LANDLORD
4 FROM CONDUCTING ANY LAWFUL SCREENING OF A RENTAL APPLICATION.".
5
6 Page 24, line 7, strike "THAT" and substitute "THAT:".
7
8 Page 24, line 8, strike "SPECIFY" and substitute:
9
10 "(I) SPECIFY".
11
12 Page 24, line 10, strike "UNENFORCEABLE." and substitute
13 "UNENFORCEABLE; AND
14 (II) SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT
15 ARE STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE
16 ENFORCEABLE OR PRESUMPTIVELY ENFORCEABLE.".
17
18 Page 27, line 2, strike "(9)(b)(I)" and substitute "(9)(b); and add (9)(b.5)".
19
20 Page 27, line 6, strike "(I)" and substitute "(I)".
21
22 Page 27, line 10, before "(A)" insert "(I)".
23
24 Page 27, line 12, strike "and" and substitute "and".
25
26 Page 27, line 19, strike "AND" and substitute "OR".
27
28 Page 27, strike line 20, and substitute:
29 (II) Any material change to the price, terms, and conditions of an
30 acceptable offer the landlord has received to sell the mobile home park or
31 for which the landlord intends to sell the park is considered a new
32 triggering event, requiring a new notice pursuant to subsection (1)(a) of
33 this section and creating a new one-hundred-twenty-day time period. THE
34 LANDLORD IS ONLY CONSIDERING AN OFFER FROM A".
35
36 Page 27, strike lines 23 and 24 and substitute "IF AT ANY POINT THERE IS
37 A NEW TRIGGERING EVENT SPECIFIED IN".
38
39 Page 27, line 25, strike "SECTION." and substitute "SECTION INVOLVING
40 A DIFFERENT PARTY.
41 (b.5) ANY MATERIAL CHANGE TO THE PRICE, TERMS, AND
42 CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO
43 SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO
44 SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT, REQUIRING A
45 NEW NOTICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND
46 CREATING A NEW ONE-HUNDRED-TWENTY-DAY TIME PERIOD.".
47
48 Page 28, line 2, strike "ORDER" and substitute "ORDER, AFTER A REVIEW
49 OF THE FILINGS OR AT ANY POINT THEREAFTER,".
50
51 Page 28, line 17, after "THAT" insert "THE COURT DETERMINES".
52
53 Page 29, line 23, strike "SEVEN" and substitute "TEN".
54
55 Page 30, line 18, strike "THE MAXIMUM" and substitute "EITHER THE
56 REMEDIATION COST OR AN ESTIMATED".
1 Page 41, after line 17 insert:
2
3 "SECTION 20. Applicability. Section 18 of this act applies to
4 rent-to-own mobile home contracts formed on or after June 30, 2024.
5 SECTION 21. Effective date. This act takes effect June 30,
6 2024; except that sections 1, 6, 8, 14, 15, 17, and section 38-12-212.3 (1)
7 and (2), Colorado Revised Statutes, as amended in section 9 of this act,
8 and sections 38-12-214 (2), (2.5), (2.7), and (3), Colorado Revised
9 Statutes, as amended in section 13 of this act, take effect upon passage.".
10
11 Renumber succeeding section accordingly.
12
15 13 Strike "THIRTY-ONE" and substitute "TWENTY-ONE" on: Page 14, lines
14 and 17.
15
16
House Journal, April 10
1 HB24-1294 be amended as follows, and as so amended, be referred
2 to the Committee of the Whole with favorable
3 recommendation:
4
5 Amend the Transportation, Housing, and Local Government
6 Committee Report, dated March 19, 2024, page 5, line 18, strike
7 ""SECTION 20." and substitute:
8
9 ""SECTION 20. Appropriation. (1) For the 2024-25 state
10 fiscal year, $40,966 is appropriated to the department of law. This
11 appropriation is from reappropriated funds received from the
12 department of local affairs from the mobile home park act dispute
13 resolution and enforcement program fund created in section 38-12-
14 1110 (1), C.R.S., and is based on an assumption that the department of
15 law will require an additional 0.2 FTE. To implement this act, the
16 department may use this appropriation to provide legal services for the
17 department of local affairs.
18 SECTION 21.".
19
20 Page 5 of the report, line 20, strike "SECTION 21." and substitute
21 "SECTION 22.".
22
23 Page 5 of the report, after line 27 insert:
24
25 "Page 1 of the bill, line 104, strike "HOMES." and substitute "HOMES
26 AND MAKING AN APPROPRIATION.".".
27
28
House Journal, April 11
14 Amendment No. 1, Appropriations Report, dated April 10, 2024, and
15 placed in member's bill file; Report also printed in House Journal,
16 April 10, 2024.
17
18 Amendment No. 2, Transportation, Housing & Local Government Report,
19 dated March 19, 2024, and placed in member's bill file; Report also
20 printed in House Journal, March 20, 2024.
21
22 Amendment No. 3, by Representative Boesenecker:
23
24 Amend the Appropriations Committee Report, dated April 10, 2024, page
25 1 of the Appropriations Committee Report, strike lines 13 and 14 and
26 substitute:
27
28 "Renumber succeeding sections accordingly.
29
30 Page 5 of the Transportation, Housing & Local Government Committee
31 Report, line 21, after "17," insert "20, 21, this section 22, 23,".".
32
33 Amendment No. 4, by Representative Boesenecker:
34
35 Amend printed bill, page 38, line 3, strike "A SELLER SHALL NOT
36 CHARGE".
37
38 Page 38, strike lines 4 through 7.
39
40 As amended, ordered engrossed and placed on the Calendar for Third
41 Reading and Final Passage.
42
Senate Journal, April 24
After consideration on the merits, the Committee recommends that HB24-1294 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 17, line 22, strike "NOTICE" and substitute
"ADVISORY".
Page 17, line 24, strike "CONTRACTOR." and substitute "CONTRACTOR UNTIL
THE ADVISORY HAS BEEN RESCINDED BY THE ISSUING AGENCY.".
Page 17, line 26, strike "WATER BOIL NOTICE" and substitute "BOIL WATER
ADVISORY".
Page 18, line 1, strike "WATER BOIL NOTICE." and substitute "BOIL WATER
ADVISORY. NOTICES THAT ARE REQUIRED TO BE REISSUED MUST ALSO BE
POSTED IN COMPLIANCE WITH THIS SUBSECTION (1)(d).".
Page 18, line 10, strike "snow removal," and substitute "snow removal,", and
strike "and" and substitute "and".
Page 18, line 11, strike "lines;" and substitute "lines, AND SNOW REMOVAL FOR
ALL ROADWAYS AND FOR ALL PEDESTRIAN SIDEWALKS AND OTHER PAVEMENTS
THAT PROVIDE ACCESS TO MAILBOXES, PUBLIC NOTICE AREAS, AND PUBLIC
BUILDINGS;".
Page 24, line 17, strike "SECTION," and substitute "SECTION AND SECTION
38-12-203 (1)(c),".
Page 24, strike line 23 and substitute "(2)(d) OR SECTION 38-12-203 (1)(c).".
Page 33, line 22, strike "THE SELLER." and substitute "EITHER PARTY.".
Page 34, line 3, strike "HOME; AND" and substitute "HOME AND A DISCLOSURE
OF ANY LIENS PLACED ON THE HOME, INCLUDING A COPY OF ANY LIENS, IF
AVAILABLE; AND".
Page 34, strike lines 4 through 9 and substitute:
"(b) A DISCLOSURE THAT THE PURCHASER HAS THE RIGHT TO HAVE THE
MOBILE HOME PROFESSIONALLY APPRAISED AT THE BUYER'S EXPENSE AND THAT
THE SELLER SHALL MAKE REASONABLE EFFORTS TO MAKE THE MOBILE HOME
AVAILABLE FOR APPRAISAL.".
Page 34, strike line 27.
Page 35, strike lines 1 through 3.
Reletter succeeding paragraphs accordingly.
Page 35, line 15, after "EXPENSE." insert "THE PURCHASER ALSO HAS THE RIGHT
TO HAVE THE MOBILE HOME PROFESSIONALLY APPRAISED AT THE PURCHASER'S
EXPENSE.".
Page 35, line 16, strike "INSPECTION." and substitute "INSPECTION OR
APPRAISAL.".
Page 35, strike lines 17 through 21.
Renumber succeeding subsections accordingly.
Page 35, strike line 26 and substitute "ANY PENALTY.".
Page 36, line 26, strike "(9)," and substitute "(8),".
Page 37, line 25, strike "BUYER" and substitute "PURCHASER".
Page 38, strike lines 2 through 4 and substitute:
"(a) REMAIN RESPONSIBLE FOR ANY REPAIRS OF CONDITIONS THAT
COULD ENDANGER THE HEALTH OR SAFETY OF A BUYER, EXCEPT FOR
CONDITIONS CAUSED BY A BUYER'S GROSS NEGLIGENCE OR WILLFUL CONDUCT,
UNTIL THE".
Page 39, line 25, strike "A".
Page 39, strike lines 26 and 27.
Page 40, strike lines 1 through 3 and substitute "SEPARATE FINANCIAL RECORDS
FOR EACH RENT-TO-OWN CONTRACT.".
Page 40, strike lines 4 through 14 and substitute:
"(2) THE SELLER OF THE MOBILE HOME SHALL PROVIDE THE PURCHASER
WITH EITHER AN ANNUAL ACCOUNTING RELATED TO THE RENT-TO-OWN
CONTRACT OR A DISCLOSURE THAT THE BUYER IS ENTITLED TO REQUEST AND
RECEIVE AN ANNUAL ACCOUNTING OF THEIR RENT TO OWN CONTRACT. THE
ACCOUNTING OR THE DISCLOSURE IS DUE TO THE PURCHASER EACH YEAR WITHIN
TEN DAYS OF THE ANNIVERSARY DATE OF THE RENT-TO-OWN CONTRACT. IF
REQUESTED, THE ANNUAL ACCOUNTING SHALL BE PROVIDED WITHIN TEN DAYS
UPON THE RECEIPT OF A REQUEST FOR ACCOUNTING. AT A MINIMUM, ANY
ACCOUNTING PROVIDED SHALL DISCLOSE THE TOTAL AMOUNT IN PURCHASE
PAYMENTS MADE, THE TOTAL AMOUNT OF THE PURCHASE PRICE REMAINING TO
BE PAID, AND ANY EXPENSES PAID BY THE SELLER DURING THE ACCOUNTING
PERIOD TO REPAIR OR MAINTAIN THE MOBILE HOME. THE ACCOUNTING OR THE
DISCLOSURE SHALL BE PROVIDED TO THE PURCHASER IN ENGLISH OR ENGLISH
AND SPANISH, AS REQUESTED BY THE PURCHASER.".
Page 41, strike lines 10 through 15 and substitute "RENT-TO-OWN CONTRACT,
WITHIN TEN DAYS OF RECEIVING THE FINAL PURCHASE PAYMENT, THE SELLER
MUST ASSIGN THE TITLE TO THE MOBILE HOME TO THE PURCHASER AND PROVIDE
THE PURCHASER ALL DOCUMENTS IN SELLER'S CONTROL NECESSARY FOR
PURCHASER TO TRANSFER TITLE TO THE MOBILE HOME. THE SELLER SHALL
ASSIGN THE TITLE TO THE MOBILE HOME WITHOUT PLACING ANY RESTRICTIONS
ON THE TITLE OR ON THE BUYER'S OWNERSHIP RIGHTS TO THE MOBILE HOME.".
Page 41, line 16, strike "TRANSFERRING" and substitute "ASSIGNING".
Page 41, strike lines 18 and 19 and substitute "ASSESSED ON THE MOBILE HOME
OR PROVIDE A CREDIT TO THE PURCHASER, PRORATED TO THE DATE THAT THE
MOBILE HOME'S TITLE IS ASSIGNED TO THE PURCHASER.".
Page 42, after line 6 insert:
"38-12-1309. Supremacy clause. ANY PROVISION OF THIS PART 13 IS
UNENFORCEABLE TO THE EXTENT THAT IT CONFLICTS WITH A FEDERAL LAW OR
FEDERAL REGULATION.".
Strike "AND INTEREST" on: Page 36, line 18; Page 37, lines 10 and 18; and
Page 38, line 21.
Local
Government
& Housing