Amendments for HB22-1082
House Journal, February 10
13 HB22-1082 be amended as follows, and as so amended, be referred to
14 the Committee on Appropriations with favorable
15 recommendation:
16
17 Amend printed bill, page 2, after line 1 insert:
18
19 "SECTION 1. Legislative declaration. (1) The general
20 assembly hereby finds, declares, and determines that:
21 (a) According to the report issued by the affordable housing
22 transformational task force released in January 2022, an estimated
23 315,000 households in Colorado spend more than fifty percent of their
557 24 income on housing costs. The report also found that there are 162,
25 households in the state that are considered to be extremely low income,
26 but only 48,767 housing units that are affordable and available to these
27 families.
28 (b) There is fewer than one legal aid attorney available for every
29 30,000 Coloradans experiencing poverty;
30 (c) This lack of legal assistance leaves Coloradans vulnerable to
31 abuses as they struggle to find stable and affordable housing;
32 (d) Even when a Coloradan is able to obtain relief, such
33 individualized relief often does not lead to systemic change or assist
34 another person similarly situated; and
35 (e) Without safe and stable housing, Coloradans struggle to
36 maintain employment, education outcomes suffer, and community support
37 is lost.
38 (2) By empowering the Colorado attorney general to enforce
39 critical housing laws, the attorney general will be able to provide
40 systematic protections for residents and provide system-wide support for
41 residents and businesses.".
42
43 Renumber succeeding sections accordingly.
44
45 Page 2, line 24, strike "AND".
46
47 Page 3, line 1, after "TITLE 38;" insert "AND".
48
49 Page 3, after line 1 insert:
50
51 "(XIV) SECTION 38-12-904 (1)(b).".
52
53 Page 3, after line 13 insert:
54
55
1 "SECTION 4. In Colorado Revised Statutes, add 24-31-115 as
2 follows:
3
4 24-31-115. Housing unit. (1) WHEN THERE IS REASON TO
5 BELIEVE THAT THERE IS A POTENTIAL VIOLATION OF LAW THAT RISKS
6 CONSUMER HARM, PUBLIC HEALTH, OR PUBLIC SAFETY, OR THAT IS BASED
7 ON A SUBSTANTIATED COMPLAINT, THE ATTORNEY GENERAL MAY
31 8 INVESTIGATE ANY PERSON OR ORGANIZATION SUBJECT TO THIS ARTICLE
9 AS OFTEN AS NECESSARY IN ORDER TO CARRY OUT THE PURPOSES OF THIS
10 ARTICLE 31. THE ATTORNEY GENERAL MAY DIRECT OR SUBPOENA ANY
11 PERSON WHOSE TESTIMONY MAY BE REQUIRED ABOUT POTENTIAL
12 VIOLATIONS OF LAW AND MAY DIRECT OR SUBPOENA THE PERSON TO
13 PRODUCE RECORDS THE ATTORNEY GENERAL CONSIDERS RELEVANT TO
14 THE INQUIRY. NOTHING IN THIS SECTION LIMITS THE SCOPE OF THE
15 ATTORNEY GENERAL'S AUTHORITY TO REVIEW AND INVESTIGATE
16 POTENTIAL VIOLATIONS OF LAW OR HARM DISCOVERED IN THE COURSE OF
17 AN INVESTIGATION.
18 (2) NOTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING
19 EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL
20 AND STATE BANKING AUTHORITIES, NOTWITHSTANDING THE AUTHORITY
21 THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION
22 11-51-603.5.".
23
24 Renumber succeeding section accordingly.
25
26
Senate Journal, February 11
HB22-1082 be amended as follows, and as so amended, be referred to
the Committee on Appropriations with favorable
recommendation:
Amend printed bill, page 2, after line 1 insert:
"SECTION 1. Legislative declaration. (1) The general
assembly hereby finds, declares, and determines that:
(a) According to the report issued by the affordable housing
transformational task force released in January 2022, an estimated
315,000 households in Colorado spend more than fifty percent of their
24 income on housing costs. The report also found that there are 162,
households in the state that are considered to be extremely low income,
but only 48,767 housing units that are affordable and available to these
families.
(b) There is fewer than one legal aid attorney available for every
30,000 Coloradans experiencing poverty;
(c) This lack of legal assistance leaves Coloradans vulnerable to
abuses as they struggle to find stable and affordable housing;
(d) Even when a Coloradan is able to obtain relief, such
individualized relief often does not lead to systemic change or assist
another person similarly situated; and
(e) Without safe and stable housing, Coloradans struggle to
maintain employment, education outcomes suffer, and community support
is lost.
(2) By empowering the Colorado attorney general to enforce
critical housing laws, the attorney general will be able to provide
systematic protections for residents and provide system-wide support for
residents and businesses.".
Renumber succeeding sections accordingly.
Page 2, line 24, strike "AND".
Page 3, line 1, after "TITLE 38;" insert "AND".
Page 3, after line 1 insert:
"(XIV) SECTION 38-12-904 (1)(b).".
Page 3, after line 13 insert:
"SECTION 4. In Colorado Revised Statutes, add 24-31-115 as
follows:
24-31-115. Housing unit. (1) WHEN THERE IS REASON TO
BELIEVE THAT THERE IS A POTENTIAL VIOLATION OF LAW THAT RISKS
CONSUMER HARM, PUBLIC HEALTH, OR PUBLIC SAFETY, OR THAT IS BASED
ON A SUBSTANTIATED COMPLAINT, THE ATTORNEY GENERAL MAY
8 INVESTIGATE ANY PERSON OR ORGANIZATION SUBJECT TO THIS ARTICLE
AS OFTEN AS NECESSARY IN ORDER TO CARRY OUT THE PURPOSES OF THIS
ARTICLE 31. THE ATTORNEY GENERAL MAY DIRECT OR SUBPOENA ANY
PERSON WHOSE TESTIMONY MAY BE REQUIRED ABOUT POTENTIAL
VIOLATIONS OF LAW AND MAY DIRECT OR SUBPOENA THE PERSON TO
PRODUCE RECORDS THE ATTORNEY GENERAL CONSIDERS RELEVANT TO
THE INQUIRY. NOTHING IN THIS SECTION LIMITS THE SCOPE OF THE
ATTORNEY GENERAL'S AUTHORITY TO REVIEW AND INVESTIGATE
POTENTIAL VIOLATIONS OF LAW OR HARM DISCOVERED IN THE COURSE OF
AN INVESTIGATION.
(2) NOTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING
EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL
AND STATE BANKING AUTHORITIES, NOTWITHSTANDING THE AUTHORITY
THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION
11-51-603.5.".
Renumber succeeding section accordingly.
House Journal, March 4
51 Amendment No. 1, Judiciary Report, dated February 9, 2022, and placed
52 in member’s bill file; Report also printed in House Journal, February 10,
53 2022.
54
55 As amended, ordered engrossed and placed on the Calendar for Third
56 Reading and Final Passage.
Senate Journal, April 1
After consideration on the merits, the Committee recommends that HB22-1082 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 4, line 13, strike "unit." and substitute "unit -
powers of attorney general or district attorney - subpoenas - document
production - remedies - injunctive relief - penalties.".
Page 4, lines 14 and 15, strike "THAT RISKS CONSUMER HARM," and substitute
"THAT RISKS HARM TO A CONSUMER,".
Page 4, line 15, after "SAFETY," strike "OR".
Page 4, line 17, after "ARTICLE 31." insert "A COMPLAINT IS NOT NECESSARY IF
THE INFORMATION IS PROVIDED BY AN AGENCY OF THE FEDERAL, STATE, OR A
LOCAL GOVERNMENT THAT REGULATES OR PROVIDES PROTECTIONS FOR
CONSUMERS, TENANTS, AND MOBILE HOME RESIDENTS.".
Page 4, strike line 18.
Page 4, line 19, strike "ARTICLE 31".
Page 5, after line 4 insert:
"(3) Venue for actions. UNTIL THE COLORADO SUPREME COURT
ADOPTS A VENUE PROVISION RELATING TO THIS ARTICLE 31, ACTIONS
INSTITUTED PURSUANT TO THIS ARTICLE 31 MAY BE BROUGHT IN ANY COUNTY
IN WHICH:
(a) AN ALLEGED VIOLATION OCCURRED OR IN WHICH ANY PORTION OF
A TRANSACTION INVOLVING AN ALLEGED VIOLATION OCCURRED;
(b) THE PRINCIPAL PLACE OF BUSINESS OF ANY DEFENDANT IS LOCATED;
OR
(c) ANY DEFENDANT RESIDES.
(4) (a) Powers. WHEN THE ATTORNEY GENERAL HAS REASONABLE
CAUSE TO BELIEVE THAT ANY PERSON, WHETHER IN THIS STATE OR ELSEWHERE,
HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF THE PROVISIONS
LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV), THE ATTORNEY
GENERAL MAY:
(I) REQUEST THE PERSON TO FILE A STATEMENT OR A REPORT IN
WRITING, UNDER OATH OR OTHERWISE, ON FORMS PRESCRIBED BY THE
ATTORNEY GENERAL, WITH RESPECT TO ALL FACTS AND CIRCUMSTANCES
CONCERNING THE ADVERTISEMENT OF PROPERTY BY THE PERSON AND ANY
OTHER DATA AND INFORMATION THE ATTORNEY GENERAL DEEMS NECESSARY;
(II) EXAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE SALE
OR ADVERTISEMENT OF ANY PROPERTY;
(III) EXAMINE ANY PROPERTY OR SAMPLE THEREOF, RECORD, BOOK,
DOCUMENT, ACCOUNT, OR PAPER THE ATTORNEY GENERAL DEEMS NECESSARY;
AND
(IV) MAKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY GENERAL,
OF ANY RECORD, BOOK, DOCUMENT, ACCOUNT, OR PAPER EXAMINED PURSUANT
TO SUBSECTION (4)(c) OF THIS SECTION, WHICH COPIES MAY BE OFFERED INTO
EVIDENCE IN LIEU OF PRODUCING THE ORIGINALS IN ANY ACTIONS BROUGHT BY
THE ATTORNEY GENERAL.
(b) FOR PURPOSES OF THIS SECTION, "REASONABLE CAUSE" IS BASED
UPON A COMPLAINT CONCERNING A POTENTIAL VIOLATION OF THE LAW WHEN
THE ATTORNEY GENERAL BELIEVES THE ALLEGED VIOLATION MAY AFFECT MORE
THAN ONE PERSON OR BE PART OF A SERIES OF RELATED VIOLATIONS AFFECTING
MULTIPLE PERSONS.
(c) ANY REQUEST FOR PERSONALLY IDENTIFIABLE INFORMATION MADE
PURSUANT TO THIS SUBSECTION (4) IS SUBJECT TO THE REQUIREMENTS OF
SUBSECTION (5) OF THIS SECTION.
(5) Subpoenas - production of documents. (a) WHEN THE ATTORNEY
GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON, WHETHER IN
THIS STATE OR ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION
OF ANY OF THE PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO
(1)(i)(XIV), THE ATTORNEY GENERAL, IN ADDITION TO ANY OTHER POWERS
CONFERRED UPON THE ATTORNEY GENERAL BY THIS ARTICLE 31, MAY ISSUE
SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES OR THE PRODUCTION
OF DOCUMENTS, ADMINISTER OATHS, CONDUCT HEARINGS IN AID OF ANY
INVESTIGATION OR INQUIRY, AND PRESCRIBE SUCH FORMS AND PROMULGATE
SUCH RULES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS
ARTICLE 31.
(b) SERVICE OF ANY NOTICE OR SUBPOENA MUST BE MADE IN THE
MANNER PRESCRIBED BY LAW OR AS PROVIDED IN RULE 4 OF THE COLORADO
RULES OF CIVIL PROCEDURE.
(c) IF THE RECORDS OF A PERSON WHO HAS BEEN ISSUED A SUBPOENA
ARE LOCATED OUTSIDE THIS STATE, THE PERSON SHALL EITHER:
(I) MAKE THEM AVAILABLE TO THE ATTORNEY GENERAL AT A
CONVENIENT LOCATION WITHIN THIS STATE; OR
(II) PAY THE REASONABLE AND NECESSARY EXPENSES FOR THE
ATTORNEY GENERAL OR DISTRICT ATTORNEY, OR THE ATTORNEY GENERAL'S OR
DISTRICT ATTORNEY'S DESIGNEE, TO EXAMINE THE RECORDS AT THE LOCATION
AT WHICH THE DOCUMENTS ARE MAINTAINED.
(d) THE ATTORNEY GENERAL OR DISTRICT ATTORNEY MAY DESIGNATE
REPRESENTATIVES, INCLUDING COMPARABLE OFFICIALS OF THE STATE IN WHICH
THE RECORDS ARE LOCATED, TO INSPECT THE RECORDS ON BEHALF OF THE
ATTORNEY GENERAL OR DISTRICT ATTORNEY.
(6) Inadmissible testimony. (a) ANY TESTIMONY OBTAINED BY THE
ATTORNEY GENERAL PURSUANT TO COMPULSORY PROCESS UNDER THIS ARTICLE
31 OR ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM SUCH
TESTIMONY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY CRIMINAL
PROSECUTION AGAINST THE PERSON SO COMPELLED TO TESTIFY. THIS
SUBSECTION (6) SHALL NOT BE CONSTRUED TO PREVENT ANY LAW
ENFORCEMENT OFFICER FROM INDEPENDENTLY PRODUCING OR OBTAINING THE
SAME OR SIMILAR FACTS, INFORMATION, OR EVIDENCE FOR USE IN ANY CRIMINAL
PROSECUTION.
(b) SUBJECT TO SUBSECTION (8) OF THIS SECTION, THE RECORDS OF
INVESTIGATIONS OR INTELLIGENCE INFORMATION OF THE ATTORNEY GENERAL
OBTAINED UNDER THIS ARTICLE 31 MAY CONSTITUTE PUBLIC RECORDS
AVAILABLE FOR INSPECTION BY THE PUBLIC AT THE SOLE DISCRETION OF THE
ATTORNEY GENERAL. THIS SUBSECTION (6)(b) SHALL NOT BE CONSTRUED TO
PREVENT THE ATTORNEY GENERAL FROM ISSUING PUBLIC STATEMENTS
DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT OR ANY CONSPIRACY
THAT CONSTITUTES A VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION
24-31-101 (1)(i)(IX) TO (1)(i)(XIV), WHETHER ON A LOCAL, STATEWIDE,
REGIONAL, OR NATIONWIDE BASIS.
(7) Remedies. IF ANY PERSON FAILS TO COOPERATE WITH ANY
INVESTIGATION PURSUANT TO THIS ARTICLE 31 OR FAILS TO OBEY ANY
SUBPOENA PURSUANT TO THIS ARTICLE 31, THE ATTORNEY GENERAL MAY APPLY
TO THE APPLICABLE DISTRICT COURT FOR AN APPROPRIATE ORDER TO EFFECT
THE PURPOSES OF THIS ARTICLE. THE APPLICATION MUST STATE THAT THERE
ARE REASONABLE GROUNDS TO BELIEVE THAT THE ORDER APPLIED FOR IS
NECESSARY TO INVESTIGATE A VIOLATION OF THIS ARTICLE 31. IF THE COURT IS
SATISFIED THAT REASONABLE GROUNDS EXIST, THE COURT IN ITS ORDER MAY:
(a) GRANT INJUNCTIVE RELIEF RESTRAINING THE ADVERTISEMENT OF
ANY PROPERTY BY SUCH PERSON;
(b) REQUIRE THE ATTENDANCE OF OR THE PRODUCTION OF DOCUMENTS
BY SUCH PERSON, OR BOTH; OR
(c) GRANT SUCH OTHER OR FURTHER RELIEF AS MAY BE NECESSARY TO
OBTAIN COMPLIANCE BY SUCH PERSON.
(8) Injunctive authority - assurances of discontinuance.
(a) WHENEVER THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE THAT A
PERSON HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF THE
PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV), THE
ATTORNEY GENERAL MAY APPLY FOR AND OBTAIN, IN AN ACTION IN THE
APPROPRIATE DISTRICT COURT OF THIS STATE, A TEMPORARY RESTRAINING
ORDER OR INJUNCTION, OR BOTH, PURSUANT TO THE COLORADO RULES OF CIVIL
PROCEDURE, PROHIBITING THE PERSON FROM CONTINUING OR ENGAGING IN
SUCH PRACTICES, OR DOING ANY ACT IN FURTHERANCE OF SUCH PRACTICES. THE
COURT MAY MAKE SUCH ORDERS OR JUDGMENTS AS IS NECESSARY TO:
(I) PREVENT THE USE OR EMPLOYMENT BY SUCH PERSON OF ANY SUCH
PRACTICES;
(II) COMPLETELY COMPENSATE OR RESTORE THE ORIGINAL POSITION OF
ANY PERSON INJURED BY MEANS OF ANY SUCH PRACTICE; OR
(III) PREVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH THE
USE OR EMPLOYMENT OF ANY PRACTICE THAT IS IN VIOLATION OF ANY OF THE
PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV).
(b) WHERE THE ATTORNEY GENERAL HAS AUTHORITY TO INSTITUTE A
CIVIL ACTION OR OTHER PROCEEDING PURSUANT TO THE PROVISIONS OF THIS
ARTICLE, THE ATTORNEY GENERAL MAY ACCEPT, IN LIEU THEREOF OR AS A PART
THEREOF, AN ASSURANCE OF DISCONTINUANCE OF ANY PRACTICE THAT
CONSTITUTES A VIOLATION OF ANY OF THE PROVISIONS THAT ARE LISTED IN
SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH ASSURANCE OF
DISCONTINUANCE MAY INCLUDE A STIPULATION FOR THE VOLUNTARY PAYMENT
BY THE ALLEGED VIOLATOR OF THE COSTS OF INVESTIGATION AND THE COSTS
OF ANY ACTION OR PROCEEDING BY THE ATTORNEY GENERAL OR A DISTRICT
ATTORNEY AND ANY AMOUNT NECESSARY TO RESTORE TO ANY PERSON ANY
MONEY OR PROPERTY THAT MAY HAVE BEEN ACQUIRED BY THE ALLEGED
VIOLATOR BY MEANS OF A VIOLATION OF ANY OF THE PROVISIONS THAT ARE
LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH ASSURANCE
OR DISCONTINUANCE ACCEPTED BY THE ATTORNEY GENERAL AND ANY SUCH
STIPULATION FILED WITH THE COURT AS A PART OF ANY SUCH ACTION OR
PROCEEDING IS A MATTER OF PUBLIC RECORD UNLESS THE ATTORNEY GENERAL
DETERMINES, IN THE ATTORNEY GENERAL'S SOLE DISCRETION, THAT THE
ASSURANCE OF DISCONTINUANCE AND ANY STIPULATION ARE CONFIDENTIAL TO
THE PARTIES TO THE ACTION OR PROCEEDING AND TO THE COURT AND ITS
EMPLOYEES. UPON THE FILING OF A CIVIL ACTION BY THE ATTORNEY GENERAL
ALLEGING THAT A CONFIDENTIAL ASSURANCE OF DISCONTINUANCE OR
STIPULATION ACCEPTED PURSUANT TO THIS SUBSECTION (8)(b) HAS BEEN
VIOLATED, THE ASSURANCE OF DISCONTINUANCE OR STIPULATION IS DEEMED A
PUBLIC RECORD AND OPEN TO INSPECTION BY ANY PERSON. PROOF BY A
PREPONDERANCE OF THE EVIDENCE OF A VIOLATION OF ANY SUCH ASSURANCE
OR STIPULATION CONSTITUTES PRIMA FACIE EVIDENCE OF A DECEPTIVE TRADE
PRACTICE FOR THE PURPOSES OF ANY CIVIL ACTION OR PROCEEDING BROUGHT
THEREAFTER BY THE ATTORNEY GENERAL, WHETHER A NEW ACTION OR A
SUBSEQUENT MOTION OR PETITION IN ANY PENDING ACTION OR PROCEEDING.
(9) Penalties. IN ORDER TO ENFORCE THE PROVISIONS OF THIS ARTICLE
31, IN ADDITION TO ANY PENALTIES STATED IN THIS ARTICLE 31, THE ATTORNEY
GENERAL MAY SEEK ANY OF THE PENALTIES OR OTHER ENFORCEMENT
MECHANISMS SPECIFIED IN THE "IMMIGRANT TENANT PROTECTION ACT", PART
12 OF ARTICLE 12 OF TITLE 38; THE "MOBILE HOME PARK ACT", PART 2 OF
ARTICLE 12 OF TITLE 38; THE "MOBILE HOME PARK ACT DISPUTE RESOLUTION
AND ENFORCEMENT PROGRAM", PART 11 OF ARTICLE 12 OF TITLE 38; PART 1 OF
ARTICLE 12 OF TITLE 38; PART 7 OF ARTICLE 12 OF TITLE 38; AND SECTION
38-12-904 (1)(b), ALONG WITH COSTS TO ENFORCE THESE PROVISIONS.
(10) Limitations. ALL ACTIONS BROUGHT UNDER THIS ARTICLE 31
MUST BE COMMENCED WITHIN THREE YEARS AFTER THE DATE ON WHICH A
VIOLATION OCCURRED OR THE DATE ON WHICH THE LAST IN A SERIES OF SUCH
ACTS OR PRACTICES OCCURRED OR WITHIN THREE YEARS AFTER THE CONSUMER
DISCOVERED OR IN THE EXERCISE OF REASONABLE DILIGENCE SHOULD HAVE
DISCOVERED THE VIOLATION. THE PERIOD OF LIMITATION PROVIDED IN THIS
SECTION MAY BE EXTENDED FOR A PERIOD OF ONE YEAR IF THE ATTORNEY
GENERAL PROVES THAT FAILURE TO TIMELY COMMENCE THE ACTION WAS
CAUSED BY THE DEFENDANT ENGAGING IN CONDUCT CALCULATED TO INDUCE
THE ATTORNEY GENERAL TO REFRAIN FROM OR POSTPONE THE COMMENCEMENT
OF THE ACTION.".
Judiciary