Amendments for HB23-1115
House Journal, February 24
12 Amendment No. 1, Transportation, Housing & Local Government Report,
13 dated February 15, 2023, and placed in member's bill file; Report also
14 printed in House Journal, February 16, 2023.
15
16 Amendment No. 2, by Representative Mabrey:
17
18 Amend the Transportation, Housing, and Local Government Committee
19 Report, dated February 15, 2023, page 1, strike lines 14 through 19 and
20 substitute:
21
22 "(I) FOR FIFTEEN YEARS FROM THE DATE ON WHICH THE FIRST
23 CERTIFICATE OF OCCUPANCY WAS ISSUED, NO SUCH ORDINANCE OR
24 RESOLUTION MAY BE APPLIED TO ANY PRIVATE RESIDENTIAL PROPERTY OR
25 PRIVATE RESIDENTIAL HOUSING UNIT;".
26
27 Page 1, after line 26 insert:
28
29 "(III) NO SUCH ORDINANCE OR RESOLUTION FOR RENT
30 STABILIZATION MEASURES SHALL APPLY TO UNITS OF HOUSING THAT ARE
31 PROVIDED BY NONPROFIT ORGANIZATIONS AND REGULATED BY FAIR
32 MARKET RENTS PUBLISHED BY THE UNITED STATES DEPARTMENT OF
33 HOUSING AND URBAN DEVELOPMENT OR ANY OTHER FEDERAL OR STATE
34 PROGRAMS THAT RESTRICT OR LIMIT ALLOWABLE RENTS WHILE SUCH
35 UNITS OF HOUSING ARE RENT STABILIZED UNDER APPLICABLE FEDERAL
36 GUIDELINES; AND".
37
38 Page 2, line 2, strike "THE PERCENTAGE INCREASE IN".
39
40 Page 2, strike lines 3 through 5 and substitute: "REASONABLE INCREASES
41 REFLECTIVE OF THE ACTUAL COSTS INCURRED AND DEMONSTRATED BY A
42 LANDLORD IN CONDUCTING SUBSTANTIAL RENOVATIONS.".
43
44 As amended, ordered engrossed and placed on the Calendar for Third
45 Reading and Final Passage.
46
House Journal, February 24
26 Amend printed bill, page 2, strike lines 23 through 25.
27
28 Strike page 3 and substitute:
29
30 "SECTION 3. In Colorado Revised Statutes, recreate and
31 reenact, with amendments, part 3 of article 12 of title 38 as follows:
32 38-12-301. Control of rents by counties and municipalities
33 prohibited - legislative declaration. (1) THE GENERAL ASSEMBLY FINDS
34 AND DECLARES THAT:
35 (a) THE PROHIBITION ON A COUNTY OR MUNICIPALITY ENACTING
36 AN ORDINANCE OR RESOLUTION TO CONTROL RENT ON A PRIVATE
37 RESIDENTIAL PROPERTY OR A PRIVATE RESIDENTIAL HOUSING UNIT WAS
38 TEMPORARILY REPEALED IN HOUSE BILL 23-1115; AND
39 (b) NOTWITHSTANDING THIS TEMPORARY REPEAL, THE IMPOSITION
40 OF RENT CONTROL ON PRIVATE RESIDENTIAL HOUSING UNITS REMAINS A
41 MATTER OF STATEWIDE CONCERN.
42 (2) THEREFORE, BEGINNING SEPTEMBER 1, 2031, NO COUNTY OR
43 MUNICIPALITY MAY ENACT ANY ORDINANCE OR RESOLUTION THAT WOULD
44 CONTROL RENT ON EITHER PRIVATE RESIDENTIAL PROPERTY OR A PRIVATE
45 RESIDENTIAL HOUSING UNIT.
46 38-12-302. Definitions. AS USED IN THIS PART 3, UNLESS THE
47 CONTEXT OTHERWISE REQUIRES, "MUNICIPALITY" MEANS A CITY OR TOWN
48 AND, IN ADDITION, MEANS A CITY OR TOWN INCORPORATED PRIOR TO JULY
49 3, 1877, WHETHER OR NOT REORGANIZED, AND ANY CITY, TOWN, OR CITY
50 AND COUNTY WHICH HAS CHOSEN TO ADOPT A HOME RULE CHARTER
51 PURSUANT TO THE PROVISIONS OF ARTICLE XX OF THE STATE
52 CONSTITUTION.
53
1 SECTION 4. Act subject to petition - effective date. (1) This
2 act takes effect at 12:01 a.m. on the day following the expiration of the
3 ninety-day period after final adjournment of the general assembly; except
4 as set forth in subsection (2) of this section and that, if a referendum
5 petition is filed pursuant to section 1 (3) of article V of the state
6 constitution against this act or an item, section, or part of this act within
7 such period, then the act, item, section, or part will not take effect unless
8 approved by the people at the general election to be held in November
9 2024 and, in such case, will take effect on the date of the official
10 declaration of the vote thereon by the governor.
11 (2) Section 3 of this act takes effect September 1, 2031.".
12
13 The amendment was declared lost by the following roll call vote:
14
15 YES 19 NO 43 EXCUSED 3 ABSENT
16 Amabile N English N Lindstedt N Sirota N
17 Armagost Y Epps N Luck Y Snyder N
18 Bacon N Evans Y Lukens N Soper Y
19 Bird N Frizell Y Lynch Y Story N
20 Bockenfeld Y Froelich N Mabrey N Taggart Y
21 Boesenecker N Garcia N Marshall N Titone N
22 Bottoms Y Gonzales-Gutierrez N Martinez N Valdez N
23 Bradfield Y Hamrick N Mauro E Velasco N
24 Bradley Y Hartsook Y McCormick N Vigil N
25 Brown N Herod E McLachlan E Weinberg Y
26 Catlin Y Holtorf Y Michaelson Jenet N Weissman N
27 Daugherty N Jodeh N Ortiz N Willford N
28 DeGraaf Y Joseph N Parenti N Wilson Y
29 deGruy Kennedy N Kipp N Pugliese Y Winter T. Y
30 Dickson N Lieder N Ricks N Woodrow N
31 Duran N Lindsay N Sharbini N Young N
32 Speaker N