Amendments for HB22-1287
House Journal, March 24
5 HB22-1287 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, page 8, line 27, strike "LICENSED OR CERTIFIED
10 RESIDENTIAL" and substitute "LICENSED, CERTIFIED RESIDENTIAL, OR
11 CERTIFIED GENERAL".
12
13 Page 9, line 5, strike "LICENSED OR CERTIFIED RESIDENTIAL" and
14 substitute "LICENSED, CERTIFIED RESIDENTIAL, OR CERTIFIED GENERAL".
15
16 Page 10, strike line 19 and substitute "(5), (6), and (7) as follows:".
17
18 Page 12, strike lines 3 and 4 and substitute:
19
20 "(6) (a) A NOTICE OF A RENT INCREASE ISSUED IN VIOLATION OF
21 THIS SECTION IS INVALID AND HAS NO FORCE AND EFFECT.
22 (b) A NOTICE OF A RENT".
23
24 Page 12, after line 7 insert:
25
26 "(7) THE REQUIREMENTS OF SUBSECTIONS (4) AND (6)(b) OF THIS
27 SECTION ARE NOT SUBJECT TO ENFORCEMENT THROUGH THE "MOBILE
28 HOME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM"
29 CREATED IN PART 11 OF THIS ARTICLE 12.".
30
31 Page 14, lines 20 and 21, strike "(5), (6) introductory portion, (6)(c), and
32 (6)(d)" and substitute "and (5)".
33
34 Page 15, strike lines 23 through 27.
35
36 Page 16, strike lines 1 through 10.
37
38 Page 17, line 24, after "owner" insert "OR RESIDENT".
39
40 Page 19, line 3, strike "38-12-217 OR TO".
41
42 Page 19, strikes lines 4 and 5 and substitute "38-12-217.".
43
44 Page 22, line 27, strike "RESTRICTIONS;" and substitute "RESTRICTIONS,
45 INCLUDING REQUIREMENTS FOR OWNER OCCUPANCY;".
46
47 Page 28, line 14, strike "RESIDENT" and substitute "HOME OWNER".
48
49 Page 29, line 21, strike "a binding commitment" and substitute "a binding
50 commitment AN OFFER.".
51
52 Page 30, line 18, after "LIMITED TO," insert "EVALUATING AN OFFER TO
53 PURCHASE FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES
54 WITHOUT CONSIDERATION OF THE TIME PERIOD FOR CLOSING, THE TYPE OF
55 FINANCING OR PAYMENT METHOD, WHETHER OR NOT THE OFFER IS
1 CONTINGENT ON FINANCING OR PAYMENT METHOD, OR WHETHER OR NOT
2 THE OFFER IS CONTINGENT ON FINANCING, AN APPRAISAL, OR TITLE WORK,
3 AND".
4
5 Page 40, line 1, strike "HOMEOWNER" and substitute "HOME OWNER".
6
7 Page 40, strike line 13 and substitute "ARTICLE 12.".
8
9 Page 41, after line 27 insert:
10
11 "(4) IF A COURT DETERMINES THAT A LANDLORD VIOLATED
12 SECTION 38-12-204 (4), (5), OR (6), IN ADDITION TO ALL OTHER REMEDIES,
13 THE COURT SHALL AWARD A STATUTORY PENALTY OF NO LESS THAN
14 FIFTEEN THOUSAND DOLLARS BUT NO MORE THAN FIFTY THOUSAND
15 DOLLARS TO EACH AGGRIEVED PARTY FOR EACH VIOLATION THAT
16 OCCURRED.".
17
18 Page 45, lines 13 and 14, strike "LANDLORD, FORMER LANDLORD, OR A
19 LANDLORD OR FORMER LANDLORD'S MANAGEMENT" and substitute
20 "CURRENT OR FORMER MANAGEMENT OR LANDLORD".
21
22 Page 45, line 24, strike "AND RESIDENTS".
23
24 Page 46, line 5, strike "owners, MOBILE HOME PARK RESIDENTS," and
25 substitute "owners".
26
27 Page 46, line 15, strike "(a)".
28
29 Page 46, strike lines 19 through 22.
30
31 Page 47, line 3, strike "(2)(a)" and substitute "(2)(a), (2)(g),".
32
33 Page 47, lines 9 and 10, strike "AND RESIDENT".
34
35 Page 47, line 12, strike "home owners" and substitute "home owners".
36
37 Page 47, lines 13 and 14, strike "landlords, and home owners, AND
38 RESIDENTS" and substitute "landlords and home owners".
39
40 Page 47, after line 15 insert:
41
42 "(g) Provide an annual report to the transportation and local
43 government committee of the house of representatives, or its successor
44 committee, AND the local government committee of the senate, or its
45 successor committee, and to the department of regulatory agencies, and
46 publish that annual report on the division's official website;".
47
48 Page 47, line 25, strike "(12),".
49
50 Page 48, line 1, strike "(a)".
51
52 Page 48, strike lines 6 through 15.
53
54 Page 48, line 16, strike "(a)".
55
1 Page 48, strike lines 25 through 27.
2
3 Page 49, strike lines 1 through 22.
4
5 Page 52, strike lines 17 through 22.
6
7 Page 53, line 17, strike "(2)(d), (2)(e),".
8
9 Page 53, strike lines 22 through 26.
10
11 Page 54, after line 23 insert:
12
13 "SECTION 26. In Colorado Revised Statutes, 38-12-1110, add
14 (3) as follows:
15 38-12-1110. Mobile home park act dispute resolution and
16 enforcement program fund. (3) IN FISCAL YEAR 2022-23 AND EACH
17 FISCAL YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE
18 MONEY FROM THE GENERAL FUND TO THE MOBILE HOME PARK ACT
19 DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM FUND FOR USE BY THE
20 DIVISION TO CONDUCT OUTREACH, MONITORING, AND ENFORCEMENT
21 RELATED TO SECTIONS 38-12-217 AND 38-12-203.5.".
22
23 Renumber succeeding section accordingly.
24
25 Strike "OR RESIDENT" on: Page 45, line 15; and Page 52, lines 24, 25, and
26 27.
27
28
House Journal, April 19
39 HB22-1287 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend printed bill, page 54, before line 24 insert:
44
45 "SECTION 26. Appropriation. (1) For the 2022-23 state fiscal
46 year, $116,293 is appropriated to the mobile home park act dispute
1110 47 resolution and enforcement program fund created in section 38-12-
48 (1), C.R.S. This appropriation is from the general fund. The department
49 of local affairs is responsible for the accounting related to this
50 appropriation.
51 (2) For the 2022-23 state fiscal year, $50,173 is appropriated to
52 the office of the governor for use by the office of information technology.
53 This appropriation is from reappropriated funds received from the
54 department of local affairs from the mobile home park act dispute
1110 1 resolution and enforcement program fund created in section 38-12-
2 (1), C.R.S. To implement this act, the office may use this appropriation
3 to provide information technology services for the department of local
4 affairs.".
5
6 Renumber succeeding section accordingly.
7
8 Page 1, line 101, strike "RESIDENTS." and substitute "RESIDENTS, AND, IN
9 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
10
11
House Journal, April 22
33 Amendment No. 1, Appropriations Report, dated April 19, 2022, and
34 placed in member’s bill file; Report also printed in House Journal, April
35 19, 2022.
36
37 Amendment No. 2, Transportation & Local Government Report, dated
38 March 23, 2022, and placed in member’s bill file; Report also printed in
39 House Journal, March 24, 2022.
40
41 Amendment No. 3, by Representative Boesenecker.
42
43 Amend Transportation & Local Government Committee Report, dated
44 March 23, 2022, page 1, strike lines 6 through 15 and substitute:
45
46 "Page 10 of the printed bill, line 18, strike "(4),".
47
48 Page 10 of the bill, strike line 19 and substitute "(4) and (5) as follows:".
49
50 Page 10 of the bill, strike lines 21 through 27.
51
52 Page 11 of the bill, strike lines 1 through 22 and substitute "increase -
53 limitation on rent increases - repeal. (4) A LANDLORD SHALL NOT
54 INCREASE RENT ON A MOBILE HOME".
55
56 Page 12 of the bill, line 3, strike "(6)" and substitute "(5)".
57
58 Page 12 of the bill, line 4, strike "A NOTICE OF A RENT".
1 Page 12 of the bill, strike lines 5 through 7.".
2
3 Page 2 of the committee report, line 20, strike "(4), (5), OR (6)," and
4 substitute "(4) OR (5),".
5
6 Amendment No. 4, by Representative Boesenecker.
7
8 Amend the Transportation & Local Government Committee report dated
9 March 23, 2022, page 2, line 8, strike "OFFER."." and substitute "OFFER".".
10
27 11 Page 3, strike line 23 and substitute "Page 53, strike lines 19 through
12 and substitute "(7) The registration forms provided by the division must
13 require".".
14
15 Amendment No. 5, by Representative Boesenecker.
16
17 Amend printed bill, page 33, line 21, strike "AND".
18
19 Page 33, line 23, strike "PARK." and substitute "PARK; AND".
20
21 Page 33, after line 23 insert:
22
23 "(F) ANY AGREEMENT BETWEEN THE PARTIES REGARDING THE
24 TRANSFER OF STATUTORY RESPONSIBILITIES ASSOCIATED WITH MANAGING
25 THE PARK, AND ANY LIMITATIONS OR WAIVERS OF LIABILITY.".
26
27 As amended, ordered engrossed and placed on the Calendar for Third
28 Reading and Final Passage.
29
Senate Journal, May 3
After consideration on the merits, the Committee recommends that HB22-1287 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 13, line 18, strike "and 5" and substitute
"(5), (6) introductory portion, (6)(c), and (6)(d)".
Page 14, after line 20 insert:
"(6) If a landlord fails to comply with the requirements of this section,
a home owner of the park may file a complaint with the division of housing
pursuant to the "Mobile Home Park Act Dispute Resolution and Enforcement
Program" created in section 38-12-1104. ON AND AFTER JULY 1, 2024, OR
EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO DOES NOT OWN A
MOBILE HOME IN THE PARK, A LOCAL GOVERNMENT, OR A NONPROFIT MAY FILE
SUCH A COMPLAINT. If the division finds by a written determination that the
landlord has violated this section, the division may:
(c) Require the landlord to reduce the rent owed by a home owner OR
RESIDENT on a prorated basis to reflect the home owner's OR RESIDENT'S loss of
use of the mobile home space; or
(d) Require the landlord to compensate a home owner OR RESIDENT for
housing expenses on a per diem basis if the home owner OR RESIDENT is
displaced from the home owner's mobile home as a result of the landlord's
violation.".
Page 26, line 24, strike "HOME OWNER" and substitute "RESIDENT".
Page 44, line 11, after the period add "ON AND AFTER JULY 1, 2024, OR EARLIER
IF ALLOWED BY THE DIVISION, A RESIDENT WHO DOES NOT OWN A MOBILE HOME
IN THE PARK, A LOCAL GOVERNMENT, OR A NONPROFIT MAY FILE SUCH A
COMPLAINT.".
Page 44, line 19, after "owners" insert "AND RESIDENTS".
Page 44, line 27, strike "owners" and substitute "owners, MOBILE HOME PARK
RESIDENTS,".
Page 45, line 9, strike "(2)" and substitute "(2) (a)".
Page 45, after line 12 insert:
"(b) ON AND AFTER JULY 1, 2024, OR EARLIER IF ALLOWED BY THE
DIVISION, "COMPLAINANT" ALSO INCLUDES A RESIDENT, LOCAL GOVERNMENT,
OR NONPROFIT WHO HAS FILED A COMPLAINT ALLEGING A VIOLATION OF THE
ACT, THIS PART 11, OR A RULE.".
Page 45, line 27, after "owner" insert "AND RESIDENT".
Page 46, line 3, strike "home owners" and substitute "home owners".
Page 46, line 4, strike "landlords" and substitute "landlords, and home owners,
AND RESIDENTS".
Page 46, line 21, after "(10)," insert "(12),".
Page 50, after line 6, insert:
"(12) This section does not provide an exclusive remedy and does not
limit the right of landlords, or home owners, OR RESIDENTS to take legal action
against another party as provided in the act or otherwise. Exhaustion of the
administrative remedy provided in this section is not required before a landlord,
or home owner, OR RESIDENT may bring a legal action.".
Page 50, line 9, after "owner" insert "OR RESIDENT".
Page 50, line 10, after "OWNER" insert "OR RESIDENT".
Page 50, line 12, after "owner" insert "OR RESIDENT".
Page 51, line 1, before "(7)(d)" insert "(2)(d), (2)(e), (7) introductory portion,"
and before "(7)(f)" insert "(7)(a.5) and".
Page 51, strike line 3 and substitute "(2) The division shall send registration
notifications and information packets to all known landlords of unregistered
mobile home parks. These information packets must include:
(d) Registration assessment information, including registration due
dates and late fees, and the collections procedures, liens, and charging costs to
home owners OR RESIDENTS; and
(e) A description of the protections afforded home owners AND
RESIDENTS under section 38-12-1105 (13).
(7) The registration forms provided by the division must require".
Page 51, line 5, strike "state".
Page 51, strike line 6 and substitute "state. including, A REGISTRATION IS NOT
COMPLETE UNLESS THE LANDLORD INCLUDES ALL OF THE INFORMATION
REQUIRED BY THE FORMS PROVIDED BY THE DIVISION. THE FORMS MUST
REQUIRE, at a minimum:
(a.5) (I) THE NAME AND MAILING ADDRESS OF THE LEGAL OWNER OF
THE MOBILE HOME PARK AS RECORDED IN THE PROPERTY RECORDS OF THE
COUNTY ASSESSOR FOR THE PROPERTY AND A COPY OF THE PROPERTY RECORD,
PROPERTY REPORT, OR SIMILAR SUPPORTING DOCUMENTATION FROM THE
COUNTY ASSESSOR'S WEBSITE.
(II) IF THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED PURSUANT
TO SUBSECTION (7)(a.5)(I) OF THIS SECTION IS A DOMESTIC LIMITED LIABILITY
COMPANY, THE LANDLORD SHALL INCLUDE THE DOMESTIC ENTITY NAME OF THE
LIMITED LIABILITY COMPANY AND THE PRINCIPAL OFFICE MAILING ADDRESS ON
FILE WITH THE SECRETARY OF STATE, A COPY OF THE CERTIFICATE OF GOOD
STANDING FOR THE LIMITED LIABILITY COMPANY, AND THE NAME OF ANY
ENTITY THAT EXERCISES FINANCIAL OR MANAGEMENT CONTROL OF THE LIMITED
LIABILITY COMPANY.
(III) IF THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED PURSUANT
TO SUBSECTION (7)(a.5)(I) OF THIS SECTION IS A FOREIGN LIMITED LIABILITY
COMPANY, THE LANDLORD SHALL INCLUDE THE ENTITY'S TRUE NAME AND
ASSUMED ENTITY NAME, IF ANY, AND THE PRINCIPAL OFFICE MAILING ADDRESS
OF ITS PRINCIPAL OFFICE AS SHOWN ON THE STATEMENT OF FOREIGN ENTITY
AUTHORITY FILED WITH THE SECRETARY OF STATE, A COPY OF THE CERTIFICATE
OF GOOD STANDING FOR THE FOREIGN LIMITED LIABILITY COMPANY, AND THE
NAME OF ANY ENTITY THAT EXERCISES FINANCIAL OR MANAGEMENT CONTROL
OF THE LIMITED LIABILITY COMPANY.".
Page 51, strike lines 21 and 22 and substitute "landlord's mobile home park. ON
AND AFTER JULY 1, 2024, THE DIVISION MAY ADJUST THE FEE TO COVER THE
COSTS ASSOCIATED WITH COMPLAINTS FILED PURSUANT TO SECTION 38-12-1103
(2)(b), AND MAY BY RULE AUTHORIZE LANDLORDS TO CHARGE A RESIDENT, AS
DEFINED IN SECTION 38-12-201.5 (11), A PORTION OF THE FEE. A landlord may
MUST NOT charge a home owner not OR RESIDENT more than half of the fee. The
registration fee for each mobile home must".
Page 52, line 3, strike "(3)" and substitute "(3) (a)".
Page 52, after line 8 insert:
"(b) IN FISCAL YEAR 2024-25 AND EACH FISCAL YEAR THEREAFTER, THE
GENERAL ASSEMBLY MAY APPROPRIATE MONEY FROM THE GENERAL FUND TO
THE MOBILE HOME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT
PROGRAM FUND FOR USE BY THE DIVISION TO COVER COSTS ASSOCIATED WITH
COMPLAINTS FILED PURSUANT TO SECTION 38-12-1103 (2)(b) THAT ARE NOT
COVERED BY THE FEE AUTHORIZED IN SECTION 32-12-1106 (8).
SECTION 27. In Colorado Revised Statutes, 6-1-105, repeal (kkk);
and add (ooo) as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person engages
in a deceptive trade practice when, in the course of the person's business,
vocation, or occupation, the person:
(kkk) Either knowingly or recklessly engages in any unfair,
unconscionable, deceptive, deliberately misleading, false, or fraudulent act or
practice;
(ooo) EITHER KNOWINGLY OR RECKLESSLY ENGAGES IN ANY UNFAIR,
UNCONSCIONABLE, DECEPTIVE, DELIBERATELY MISLEADING, FALSE, OR
FRAUDULENT ACT OR PRACTICE.".
Renumber succeeding sections accordingly.
Appro-
priations