Amendments for HB23-1099
House Journal, February 9
43 HB23-1099 be amended as follows, and as so amended, be referred to
44 the Committee of the Whole with favorable
45 recommendation:
46
47 Amend printed bill, page 2, strike line 14 and substitute "REPORT" MEANS
48 A CONSUMER REPORT PREPARED AT THE REQUEST OF A PROSPECTIVE
49 TENANT THAT INCLUDES INFORMATION PROVIDED BY A CONSUMER
50 REPORTING AGENCY,".
51
52 Page 3, strike line 1.
53
54 Page 4, line 22, after "LANDLORD" insert "BY THE CONSUMER REPORTING
55 AGENCY".
1 Page 6, line 5, strike "AVAILABILITY;" and substitute "AVAILABILITY,
2 DISPLAYED IN AT LEAST TWELVE-POINT, BOLD-FACED TYPE UNLESS THE
3 SIZE, FORMAT, OR DISPLAY REQUIREMENTS OF THE ADVERTISEMENT OR
4 OTHER PUBLIC NOTICE MAKE THIS REQUIREMENT IMPRACTICABLE, IN
5 WHICH CASE THE FONT AND SIZE OF THE ADVISEMENT MUST MATCH THE
6 REST OF THE ADVERTISEMENT OR OTHER PUBLIC NOTICE;".
7
8 Page 6, line 8, strike "COMPANY;" and substitute "COMPANY, DISPLAYED
9 IN AT LEAST TWELVE-POINT, BOLD-FACED TYPE;".
10
11 Page 6, line 10, strike "UNIT; OR" and substitute "UNIT, DISPLAYED IN AT
12 LEAST TWELVE-POINT, BOLD-FACED TYPE; OR".
13
14 Page 6, line 14, after "(I)" insert "(A)".
15
16 Page 6, line 16, strike "denial, AND:" and substitute "denial.".
17
18 Page 6, line 17, strike "(A)" and substitute "(B)".
19
20 Page 6, lines 17 and 18, strike "WAS CHARGED AN APPLICATION FEE
21 ASSOCIATED WITH THE" and substitute "SUBMITS AN APPLICATION THAT
22 RESULTS IN A".
23
24 Page 6, strike line 24 and substitute "5-18-106."
25
26 Page 6, strike lines 25 through 27.
27
28 Page 7, strike lines 1 through 6.
29
30
House Journal, February 24
38 Amendment No. 1, Business Affairs & Labor Report, dated February 8,
39 2023, and placed in member's bill file; Report also printed in House
40 Journal, February 9, 2023.
41
42 Amendment No. 2, by Representative Weissman:
43
44 Amend printed bill, page 4, line 15, strike "A" and substitute "EXCEPT AS
45 PROVIDED IN SUBSECTION (1.5)(f) OF THIS SECTION, A".
46
47 Page 6, after line 13 insert:
48
49 "(f) A LANDLORD IS EXEMPT FROM THE REQUIREMENTS SET FORTH
50 IN SUBSECTIONS (1.5)(a) TO (1.5)(c) OF THIS SECTION IF THE LANDLORD:
51 (I) DOES NOT ACCEPT MORE THAN ONE APPLICATION FEE AT A TIME
52 FOR A DWELLING UNIT OR, IF A DWELLING UNIT IS RENTED TO MORE THAN
53 ONE OCCUPANT, DOES NOT ACCEPT MORE THAN ONE APPLICATION FEE AT
54 A TIME FROM EACH PROSPECTIVE TENANT OR TENANT GROUP FOR THE
55 DWELLING UNIT; AND
1 (II) REFUNDS THE TOTAL AMOUNT OF THE APPLICATION FEE TO
2 EACH PROSPECTIVE TENANT WITHIN TWENTY CALENDAR DAYS AFTER
3 WRITTEN COMMUNICATION FROM EITHER THE LANDLORD OR LANDLORD'S
4 AGENT OR THE PROSPECTIVE TENANT DECLINING TO ENTER INTO A LEASE
5 AGREEMENT FOR THE DWELLING UNIT.".
6
7 Page 7, after line 15 insert:
8
9 "SECTION 4. In Colorado Revised Statutes, 38-12-905, amend
10 (1) and (3) as follows:
11 38-12-905. Violations - liability - notice required - exception.
12 (1) Except as described in subsection (3) of this section, a landlord who
13 violates any provision of this part 9 is liable to the person who is charged
14 a rental application fee for treble the amount of the rental application fee
15 PROSPECTIVE TENANT AGGRIEVED BY THE VIOLATION FOR TWO THOUSAND
16 FIVE HUNDRED DOLLARS, plus court costs and reasonable attorney fees.
17 (3) A landlord who corrects or cures a violation of this part 9 not
18 more than seven calendar days after receiving notice of the violation
19 SHALL PAY THE PROSPECTIVE TENANT AGGRIEVED BY THE VIOLATION A
20 PENALTY OF FIFTY DOLLARS BUT OTHERWISE is not liable for damages as
21 described in subsection (1) of this section.".
22
23 Renumber succeeding sections accordingly.
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
27
Senate Journal, March 30
HB23-1099 by Representative(s) Vigil and Weissman, Velasco; also Senator(s) Fields and Exum--
Concerning tenant screening documentation for residential leases.
Amendment No. 1(L.010), by Senator Exum and Fields.
Amend reengrossed bill, page 6, line 24, strike "(1.5)(c)" and substitute
"(1.5)(e)".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, March 30
HB23-1099 by Representative(s) Vigil and Weissman, Velasco; also Senator(s) Fields and Exum--
Concerning tenant screening documentation for residential leases.
Senator Rich moved to amend the Report of the Committee of the Whole to show that the
following Rich floor amendment, (L.005) to HB 23-1099, did pass.
Amend reengrossed bill, page 2, line 14, after "request" insert "and expense".
Page 4, line 11, strike "(1.5)." and substitute "(1.5) and pays the landlord an
additional amount towards the landlord's application processing costs, if any,
not to exceed twenty dollars, adjusted annually for inflation, or, if the
prospective tenant does not provide the landlord with a portable tenant
screening report, pays the landlord thirty-five dollars, adjusted annually for
inflation, or the amount of the application fee, whichever is less.".
Page 6, strike lines 6 through 12.
Reletter succeeding subparagraphs accordingly.
Page 8, line 2, strike "(1) and".
Page 8, strike lines 4 through 8.