Amendments for HB20-1201
House Journal, February 20
40 HB20-1201 be amended as follows, and as so amended, be referred to
41 the Committee of the Whole with favorable
42 recommendation:
43
44 Amend printed bill, page 3, line 21, strike "(13)" and substitute "(12)".
45
46 Page 4, line 9, strike "EXCEPT" and substitute "IN ADDITION TO THE
47 NOTICE SPECIFIED IN SUBSECTION (1) OF THIS SECTION, AND EXCEPT".
48
49 Page 4, line 10, strike "(13)" and substitute "(12)".
50
51 Page 8, line 1, strike everything after the period.
52
53 Page 8, strike lines 2 and 3.
54
55 Page 8, strike lines 25 through 27.
56
1 Page 9, strike lines 1 and 2.
2
3 Renumber succeeding subsections accordingly.
4
5 Page 9, line 8, after "UNION," insert "OR A PARENT, SIBLING, AUNT, UNCLE,
6 FIRST COUSIN,".
7
8 Page 9, line 9, strike "CHILDREN" and substitute "CHILD".
9
10 Page 9, line 22, strike "(14)(a)" and substitute "(13)(a)".
11
12 Page 9, strike lines 23 through 27.
13
14 Page 10, strike lines 1 through 5.
15
16 Renumber succeeding sections accordingly.
House Journal, March 2
14 Amendment No. 1, Transportation & Local Government Report, dated
15 February 19, 2020, and placed in member's bill file; Report also printed
16 in House Journal, February 20, 2020.
17
18 Amendment No. 2, by Representative Hooton.
19
20 Amend printed bill, page 4, after line 8 insert:
21
22 "(c) NO EARLIER THAN THIRTY DAYS AFTER GIVING THE NOTICE
23 REQUIRED BY THIS SUBSECTION (1) OR SUBSECTION (2) OF THIS SECTION,
24 A MOBILE HOME PARK OWNER MAY POST INFORMATION IN A PUBLIC SPACE
25 IN THE MOBILE HOME PARK DESCRIBING THE METHOD FOR PROVIDING A
26 SIGNED WRITING TO THE MOBILE HOME PARK OWNER RELATED TO THE
27 OPPORTUNITY TO PURCHASE. THE POSTING MAY INCLUDE STANDARD
28 FORMS RELATED TO THE OPPORTUNITY TO PURCHASE, INCLUDING A FORM
29 FOR PROVIDING NOTICE THAT A HOME OWNER DOES NOT WISH TO
30 PARTICIPATE IN EFFORTS TO PURCHASE A COMMUNITY.
31 (d) A MOBILE HOME PARK OWNER SHALL NOT SOLICIT OR REQUEST
32 A HOME OWNER'S INTENTION OR A SIGNED WRITING RELATED TO THE
33 OPPORTUNITY TO PURCHASE DURING THE INITIAL THIRTY DAYS AFTER
34 GIVING NOTICE PURSUANT TO THIS SUBSECTION (1) OR SUBSECTION (2) OF
35 THIS SECTION. AT NO TIME DURING THE TIME PERIOD FOR CONSIDERING AN
36 OPPORTUNITY TO PURCHASE SHALL A MOBILE HOME PARK OWNER
37 ATTEMPT TO COERCE OR PROVIDE ANY FINANCIAL OR IN-KIND INCENTIVES
38 TO A HOME OWNER TO INFLUENCE THE HOMEOWNER'S DECISION. ANY
39 COMPLAINTS ALLEGING VIOLATION OF THIS SUBSECTION (1) MAY BE
40 RESOLVED UNDER PART 11 OF THIS ARTICLE 12.".
41
42 Page 10, before line 6 insert:
43
44 "SECTION 4. In Colorado Revised Statutes, 38-12-1105, amend
45 (1) as follows:
46 38-12-1105. Dispute resolution program - complaint process.
47 (1) Beginning May 1, 2020, any aggrieved party may file a complaint
48 with the division alleging a violation of the act or this part 11,
49 REGARDLESS OF WHETHER THE PROVISION ALLEGEDLY VIOLATED
50 CONTAINS A SPECIFIC REFERENCE TO THIS SECTION.".
51
52 Renumber succeeding sections accordingly.
53
54 Amendment No. 3, by Representative Hooton.
55
1 Amend printed bill, page 5, line 16, after the period add "THE
2 INFORMATION REGARDING THE PROPOSED SALE AND THE PRICE, TERMS,
3 AND CONDITIONS OF AN ACCEPTABLE OFFER MAY BE SHARED FOR THE
4 PURPOSES OF EVALUATING OR OBTAINING FINANCING FOR THE
5 PROSPECTIVE TRANSACTION, BUT ALL PERSONS WHO RECEIVE THE
6 INFORMATION SHALL OTHERWISE KEEP IT CONFIDENTIAL IF THE PARK
7 OWNER OR THE PARK OWNER'S AGENT SO REQUESTS.".
8
9 Page 6, line 19, change the semicolon to a period and add "THE
10 DOCUMENTS, DATA, AND OTHER INFORMATION PROVIDED MAY BE SHARED
11 FOR THE PURPOSES OF EVALUATING OR OBTAINING FINANCING FOR THE
12 PROSPECTIVE TRANSACTION, BUT ALL PERSONS WHO RECEIVE THE
13 INFORMATION SHALL OTHERWISE KEEP IT CONFIDENTIAL IF THE PARK
14 OWNER OR THE PARK OWNER'S AGENT SO REQUESTS.".
15
16 Page 9, after line 12 insert:
17
18 "(c) (I) TO A BUSINESS ENTITY OR TRUST THAT THE TRANSFERRING
19 BUSINESS ENTITY OR TRUST CONTROLS, DIRECTLY OR INDIRECTLY.
20 (II) AS USED IN THIS SUBSECTION (13)(c),"CONTROLS" MEANS:
21 (A) OWNS ENTIRELY AS A SUBSIDIARY;
22 (B) OWNS A MAJORITY INTEREST IN; OR
23 (C) OWNS AS LARGE AN OWNERSHIP INTEREST AS ANY OTHER
24 OWNER, WITH A MINIMUM OWNERSHIP INTEREST OF TWENTY-FIVE
25 PERCENT.".
26
27 Renumber succeeding paragraphs accordingly.
28
29 As amended, ordered engrossed and placed on the Calendar for Third
30 Reading and Final Passage.
31
House Journal, March 2
7 Amend printed bill, page 9, line 15, strike "OR".
8
9 Page 9, line 16, change the period to a semicolon and add "OR".
10
11 Page 9, after line 16 insert:
12
13 "(f) TO A WILLING BUYER WHO AGREES TO CONTINUE THE
14 OPERATION OF THE MOBILE HOME PARK.".
15
16 The amendment was declared lost by the following roll call vote:
17
18 YES 23 NO 39 EXCUSED 3 ABSENT
19 Arndt N Exum N Larson Y Singer N
20 Baisley Y Froelich N Liston Y Sirota N
21 Benavidez N Garnett N Lontine N Snyder N
22 Bird N Geitner Y McCluskie N Soper E
23 Bockenfeld Y Gonzales-Gutierrez N McKean E Sullivan N
24 Buck Y Gray N McLachlan N Tipper N
25 Buckner N Herod N Melton E Titone N
26 Buentello N Holtorf Y Michaelson Jenet N Valdez A. N
27 Caraveo N Hooton N Mullica N Valdez D. Y
28 Carver Y Humphrey Y Neville Y Van Winkle Y
29 Catlin Y Jackson N Pelton Y Weissman N
30 Champion Y Jaquez Lewis N Ransom Y Will Y
31 Coleman N Kennedy N Rich Y Williams D. Y
32 Cutter N Kipp N Roberts N Wilson Y
33 Duran N Kraft-Tharp N Saine Y Woodrow N
34 Esgar N Landgraf Y Sandridge Y Young N
35 Speaker N
Senate Journal, May 26
After consideration on the merits, the Committee recommends that HB20-1201 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, line 17, after the period add "IF, NO
EARLIER THAN THIRTY DAYS AFTER A MOBILE HOME PARK OWNER
PROVIDES THE NOTICE REQUIRED BY THIS SUBSECTION (1) OR SUBSECTION
(2) OF THIS SECTION, AT LEAST FIFTY PERCENT OF THE HOME OWNERS WHO
RESIDE IN THE PARK PROVIDE SIGNED WRITINGS TO THE MOBILE HOME
PARK OWNER EXPRESSING NO INTEREST IN PURCHASING THE PARK, THEN
THE OPPORTUNITY TO PURCHASE PROVIDED BY SUBSECTION (4) OF THIS
SECTION SHALL TERMINATE EVEN IF THE NINETY-DAY PERIOD PROVIDED
FOR IN SUBSECTION (4)(a) OF THIS SECTION HAS NOT YET ELAPSED.".
Page 10, after line 23 insert:
"(13) TO QUALIFY FOR AN EXEMPTION UNDER SUBSECTION (12) OF
THIS SECTION, A TRANSACTION MUST NOT BE MADE IN BAD FAITH, MUST
BE MADE FOR A LEGITIMATE BUSINESS PURPOSE OR A LEGITIMATE
FAMILIAL PURPOSE CONSISTENT WITH THE EXEMPTIONS LISTED IN
SUBSECTION (12) OF THIS SECTION, AND MUST NOT BE MADE FOR THE
PRIMARY PURPOSE OF AVOIDING THE OPPORTUNITY-TO-PURCHASE
PROVISIONS SET FORTH IN THIS SECTION.".
Renumber succeeding subsection accordingly.
Page 11, line 2, strike "(13)(a)" and substitute "(14)(a)".
Page 11, after line 2 insert:
"(15) THE DEPARTMENT OF LOCAL AFFAIRS AND THE OFFICE OF
ADMINISTRATIVE COURTS DO NOT HAVE THE AUTHORITY TO ISSUE
INJUNCTIVE RELIEF IN RESPONSE TO A COMPLAINT ALLEGING A VIOLATION
OF THIS SECTION OR TO DELAY A TRANSFER OR TRANSACTION INVOLVING
THE PROPERTY AND FILING AN ADMINISTRATIVE COMPLAINT REFERENCING
THIS SECTION SHALL NOT HAVE THE EFFECT OF DOING SO.".
Page 11, line 7, strike "May 1, 2020," and substitute "May 1, 2020, ON
THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED,".
Local
Government