Amendments for HB23-1095
House Journal, February 10
1 HB23-1095 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 2, line 3, after "(4)" insert "and (5)".
6
7 Page 2, line 5, strike "definition." and substitute "applicability -
8 definitions.".
9
10 Amend printed bill, page 3, line 9, after "TRIAL;" add "EXCEPT THAT THE
11 PARTIES MAY AGREE TO A WAIVER OF A JURY TRIAL IN A HEARING TO
12 DETERMINE POSSESSION OF A DWELLING UNIT;".
13
14 Amend printed bill, page 3, line 19, strike "AGREEMENT;" and substitute
15 "AGREEMENT, EXCEPT FOR ACTUAL LOSSES INCURRED BY THE LANDLORD
16 AS A RESULT OF THE TENANT'S FAILURE TO PROVIDE ANY SUCH NOTICE
17 REQUIRED PURSUANT TO THE RENTAL AGREEMENT;".
18
19 Amend printed bill, page 3, line 26, after "PAY A" insert "MARKUP OR".
20
21 Page 3, line 27, strike "PARTY, WHICH" and substitute "PARTY; EXCEPT
22 THAT A WRITTEN RENTAL AGREEMENT MAY INCLUDE A PROVISION THAT
23 REQUIRES A TENANT TO PAY EITHER A MARKUP OR FEE IN AN AMOUNT
24 THAT DOES NOT EXCEED TWO PERCENT OF THE AMOUNT THAT THE
25 LANDLORD WAS BILLED OR A MARKUP OR FEE IN AN AMOUNT THAT DOES
26 NOT EXCEED A TOTAL OF TEN DOLLARS PER MONTH, BUT NOT BOTH. THIS
27 SUBSECTION (3)(a)(VI) DOES NOT PRECLUDE A PREVAILING PARTY FROM
28 RECOVERING REASONABLE ATTORNEY FEES AWARDED BY A COURT
29 PURSUANT TO SUBSECTION (3)(a)(II) OF THIS SECTION.".
30
31 Page 4, strike lines 1 through 3.
32
33 Page 4, after line 6 insert:
34
35 "(4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
36 CONTRARY, WITH THE EXCEPTION OF SUBSECTION (3)(a)(III)(B) OF THIS
37 SECTION, THIS SECTION DOES NOT APPLY TO A RENTAL AGREEMENT
38 CONCERNING THE OCCUPANCY OF A MOBILE HOME, AS DEFINED IN SECTION
39 38-12-201.5 (5), IN A MOBILE HOME PARK, AS DEFINED IN SECTION
40 38-12-201.5 (6).".
41
42 Renumber succeeding subsection accordingly.
43
44 Amend printed bill, page 4, strike lines 8 through 10 and substitute:
45 "REQUIRES:
46 (a) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION 38-
47 12-502 (3).
48 (b) "RENT" MEANS ANY MONEY OR OTHER CONSIDERATION TO BE
49 PAID TO A LANDLORD FOR THE RIGHT TO USE, POSSESS, AND OCCUPY A
50 DWELLING UNIT.
51 (c) "RENTAL AGREEMENT" HAS THE MEANING SET FORTH IN
52 SECTION 38-12-902 (3).
53 (d) "RESIDENTIAL PREMISES" HAS THE MEANING SET FORTH IN
54 SECTION 38-12-1202 (5).".
55
House Journal, February 24
35 Amendment No. 1, Business Affairs & Labor Report, dated February 9,
36 2023, and placed in member's bill file; Report also printed in House
37 Journal, February 10, 2023.
38
39 Amendment No. 2, by Representative Woodrow:
40
41 Amend the Business Affairs and Labor Committee Report, dated
42 February 9, 2023, page 1, strike line 1 and substitute:
43
44 "Amend printed bill, page 2, line 3, strike "(4)" and substitute "(4), (5),
45 and (6)".".
46
47 Page 1, strike line 4 and substitute:
48
49 "Amend printed bill, page 3, line 9, strike "TRIAL;" and substitute "TRIAL,
50 EXCEPT THAT THE".".
51
52 Page 1, line 12, strike ""PARTY; EXCEPT" and substitute ""PARTY,
53 EXCEPT".
54
55 Page 1, line 17, strike "BOTH THIS" and substitute "BOTH. THIS".
1 Page 1, line 19, after "RECOVERING" insert "AN AMOUNT EQUAL TO ANY".
2
3 Page 1, strike line 20 and substitute "PURSUANT TO SUBSECTION (3)(a)(II)
4 OF THIS SECTION.
5 (VII) A PROVISION THAT PURPORTS TO ALLOW A PROVIDER
6 OPERATING UNDER ANY LOCAL, STATE, OR FEDERAL VOUCHER OR SUBSIDY
7 PROGRAM TO COMMENCE OR PURSUE AN ACTION FOR POSSESSION BASED
8 SOLELY ON THE NONPAYMENT OF UTILITIES.".".
9
10 Page 2, line 3, strike "SUBSECTION" and substitute "SUBSECTIONS (3)(a)(I),
11 (3)(a)(II), AND".
12
13 Page 2, strike line 7 and substitute "38-12-201.5 (6).
14 (5) NOTHING IN THIS SECTION EXCLUDES UTILITIES FROM BEING
15 CONSIDERED AS RENT FOR THE PURPOSE OF CALCULATING HOUSING COSTS
16 THAT ARE ELIGIBLE FOR REIMBURSEMENT OR PAYMENT UNDER ANY
17 LOCAL, STATE, OR FEDERAL VOUCHER OR SUBSIDY PROGRAM.".".
18
19 Amendment No. 3, by Representative Woodrow:
20
21 Amend printed bill, page 3, line 15, after "ENJOYMENT;" add "EXCEPT
22 THAT, A WRITTEN RENTAL AGREEMENT MAY PROVIDE THAT THE
23 LANDLORD IS NOT RESPONSIBLE FOR ANY VIOLATION OF THE IMPLIED
24 COVENANT OF QUIET ENJOYMENT THAT IS COMMITTED BY A THIRD PARTY
25 ACTING BEYOND THE REASONABLE CONTROL OF THE LANDLORD;".
26
27 Amendment No. 4, by Representative Soper:
28
29 Amend printed bill, page 4, after line 10, insert:
30 "(5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
31 CONTRARY, SUBSECTIONS (3)(a)(III), (3)(a)(IV), (3)(a)(V), (3)(a)(VI),
32 AND (3)(a)(VII) OF THIS SECTION DO NOT APPLY TO A DUPLEX OR TRIPLEX
33 OR TO AN ACCESSORY DWELLING UNIT OF A RESIDENTIAL PREMISES IF THE
34 LANDLORD LIVES IN ONE OF THE UNITS OF THE DUPLEX OR TRIPLEX OR THE
35 LANDLORD LIVES IN THE RESIDENTIAL PREMISES THAT HAS THE
36 ACCESSORY DWELLING UNIT.".
37
38 As amended, ordered engrossed and placed on the Calendar for Third
39 Reading and Final Passage.
40
Senate Journal, April 5
Amend reengrossed bill, page 4, strike lines 25 through 27.
Page 5, strike lines 1 through 3 and substitute:
"(4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, SUBSECTIONS (3)(a)(III)(A), (3)(a)(III)(C), (3)(a)(III)(D), (3)(a)(IV),
(3)(a)(V), (3)(a)(VI), AND (3)(a)(VII) OF THIS SECTION DO NOT APPLY TO A
RENTAL AGREEMENT CONCERNING THE OCCUPANCY OF A MOBILE HOME, AS
DEFINED IN SECTION 38-12-201.5 (5), IN A MOBILE HOME PARK, AS DEFINED IN
SECTION 38-12-201.5 (6).
(5) NOTHING IN THIS SECTION LIMITS OR RESTRICTS ANY RIGHTS OR
REMEDIES THAT ARE AVAILABLE ELSEWHERE IN LAW, INCLUDING UNDER THE
"MOBILE HOME PARK ACT", PART 2 OF ARTICLE 12 OF THIS TITLE 38, OR
PURSUANT TO ANY JUDICIAL INTERPRETATIONS OF THE "MOBILE HOME PARK
ACT".".
Renumber succeeding subsections accordingly.
Page 5, after line 9 insert:
"(a) "ACCESSORY DWELLING UNIT" MEANS AN INTERNAL, ATTACHED,
OR DETACHED RESIDENTIAL DWELLING UNIT THAT:
(I) PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR
MORE PERSONS;
(II) IS LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING
PRIMARY RESIDENCE; AND
(III) INCLUDES PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING,
AND SANITATION.".
Reletter succeeding paragraphs accordingly.
Page 5, strike lines 22 through 25 and substitute "OR TO AN ACCESSORY
DWELLING UNIT OF A RESIDENTIAL PREMISES IF:
(a) THE OWNER OF THE DUPLEX, TRIPLEX, OR RESIDENTIAL PREMISES
USES THE RESIDENTIAL PREMISES OR AT LEAST ONE OF THE UNITS OF THE
DUPLEX OR TRIPLEX, AS APPLICABLE, AS THE OWNER'S PRIMARY RESIDENCE; OR
(b) THE OWNER'S PRIMARY RESIDENCE IS ON THE SAME LOT AS THE
DUPLEX, TRIPLEX, OR RESIDENTIAL PREMISES.".