Amendments for HB23-1255
House Journal, April 6
11 HB23-1255 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend printed bill, page 3, strike lines 22 through 26 and substitute:
16 "(a) "ANTI-GROWTH LAW" MEANS A LAND USE LAW THAT
17 EXPLICITLY LIMITS THE NUMBER OF LAND USE APPLICATIONS MADE TO OR
18 ACCEPTED BY A GOVERNMENTAL ENTITY, THE NUMBER OF BUILDING
19 PERMITS SUBMITTED TO OR ISSUED BY A GOVERNMENTAL ENTITY, OR THE
20 ALLOWABLE POPULATION GROWTH FOR RESIDENTIAL OR MIXED-USE
21 DEVELOPMENTS OR RESIDENTIAL CONSTRUCTION PROJECTS FOR ANY
22 PERIOD.".
23
24 Page 4, strike lines 15 through 21 and substitute "AN ANTI-GROWTH LAW
25 AFFECTING PROPERTY.
26 (4) NOTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 OR
27 SUBSECTION (3) OF THIS SECTION TO THE CONTRARY, A GOVERNMENTAL
28 ENTITY MAY ENACT AND ENFORCE A TEMPORARY, NON-RENEWABLE ANTI-
29 GROWTH LAW AFFECTING PROPERTY FOLLOWING A DISASTER EMERGENCY
30 DECLARED BY THE GOVERNOR THAT OCCURRED IN THE JURISDICTION OF
31 THE GOVERNMENTAL ENTITY. A TEMPORARY, NON-RENEWABLE ANTI-
32 GROWTH LAW ALLOWED BY THIS SUBSECTION (4) MAY BE EFFECTIVE FOR
33 NO MORE THAN ONE YEAR AFTER THE DECLARATION OF A DISASTER
34 EMERGENCY BY THE GOVERNOR.".
35
36
House Journal, April 21
35 Amendment No. 1, Transportation, Housing & Local Government Report,
36 dated April 5, 2023, and placed in member's bill file; Report also printed
37 in House Journal, April 6, 2023.
38
39 Amendment No. 2, by Representative Lindstedt:
40
41 Amend the Transportation, Housing and Local Government Committee
42 Report, dated April 5, 2023, page 1, strike lines 2 through 8 and
43 substitute:
44
45 "(a) "ANTI-GROWTH LAW" MEANS A LAND USE LAW THAT
46 EXPLICITLY LIMITS EITHER THE GROWTH OF THE POPULATION IN THE
47 GOVERNMENTAL ENTITY'S JURISDICTION OR THE NUMBER OF
48 DEVELOPMENT PERMITS OR BUILDING PERMIT APPLICATIONS FOR
49 RESIDENTIAL DEVELOPMENT OR THE RESIDENTIAL COMPONENT OF ANY
50 MIXED USE DEVELOPMENT SUBMITTED TO, REVIEWED BY, APPROVED BY,
51 OR ISSUED BY A GOVERNMENTAL ENTITY FOR ANY CALENDAR OR FISCAL
52 YEAR. AS USED IN THIS SUBSECTION (2)(a), "LAND USE LAW" MEANS ANY
53 STATUTE, RESOLUTION, ORDINANCE, CODE, RULE, REGULATION, PLAN,
54 POLICY, PROCEDURE, STANDARD, INITIATIVE, GUIDELINE, REQUIREMENT,
55 OR LAW THAT REGULATES THE USE OR DIVISION OF PROPERTY OR ANY
56 INTEREST IN PROPERTY.".
1 Page 4 of the bill, strike lines 6 through 10.
2
3 Reletter succeeding paragraph accordingly.".
4
5 Amendment No. 3, by Representative Dickson:
6
7 Amend the Transportation, Housing and Local Government Committee
8 Report, dated April 5, 2023, page 1, strike lines 11 through 19 and
9 substitute:
10
104 11 "(4) (a) NOTWITHSTANDING ANY PROVISION OF SECTION 29-20-
12 OR SUBSECTION (3) OF THIS SECTION TO THE CONTRARY, A
13 GOVERNMENTAL ENTITY MAY ENACT AND ENFORCE A TEMPORARY,
14 NONRENEWABLE ANTI-GROWTH LAW:
15 (I) FOLLOWING A DISASTER EMERGENCY DECLARED BY THE
16 GOVERNOR OR LOCAL GOVERNMENT THAT OCCURRED IN THE JURISDICTION
17 OF THE GOVERNMENTAL ENTITY;
18 (II) FOR THE PURPOSE OF DEVELOPING OR AMENDING LAND USE
19 PLANS OR LAND USE LAWS COVERING RESIDENTIAL DEVELOPMENT OR THE
20 RESIDENTIAL COMPONENT OF A MIXED-USE DEVELOPMENT; OR
21 (III) TO PROVIDE FOR THE EXTENSION OR ACQUISITION OF PUBLIC
22 INFRASTRUCTURE, PUBLIC SERVICES, OR WATER RESOURCES.
23 (b) A TEMPORARY, NONRENEWABLE ANTI-GROWTH LAW
24 AFFECTING PROPERTY ALLOWED BY SUBSECTION (4)(a) OF THIS SECTION
25 MAY BE EFFECTIVE FOR NO MORE THAN TWENTY-FOUR MONTHS IN ANY
26 FIVE-YEAR PERIOD.".".
27
28 Amendment No. 4, by Representative Dickson:
29
30 Amend printed bill, page 4, after line 21 insert:
31
32 "(4) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF
33 THIS SECTION, NOTHING IN THIS SECTION REQUIRES A GOVERNMENTAL
34 ENTITY TO APPROVE A PERMIT APPLICATION OR PRECLUDES A
35 GOVERNMENTAL ENTITY FROM REGULATING THE USE OF LAND,
36 DEVELOPING LAND USE PLANS, ENACTING AFFORDABILITY REQUIREMENTS,
37 REGULATING THE RENTAL OF ANY PROPERTY OR PORTION OF A PROPERTY
38 THAT IS AVAILABLE FOR LODGING FOR LESS THAN THIRTY DAYS, OR
39 DENYING A PERMIT FOR ANY REASON, INCLUDING EXTENDING OR
40 ACQUIRING INFRASTRUCTURE, WATER RESOURCES, OR SERVICES.
41 (b) SUBSECTION (4)(a) OF THIS SECTION DOES NOT APPLY TO A
42 HOTEL UNIT PORTION OF A STRUCTURE THAT IS USED BY A BUSINESS
43 ESTABLISHMENT TO PROVIDE COMMERCIAL LODGING TO THE GENERAL
44 PUBLIC FOR PREDOMINANTLY OVERNIGHT OR WEEKLY STAYS, THAT IS
45 CLASSIFIED AS A HOTEL OR MOTEL FOR PURPOSES OF PROPERTY TAXATION,
46 THAT IS NOT A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), IN A
47 CONDOMINIUM, AND THAT IS ZONED OR PERMITTED BY A GOVERNMENTAL
48 ENTITY FOR USE AS A HOTEL.".
49
50 As amended, ordered engrossed and placed on the Calendar for Third
51 Reading and Final Passage.
52
Senate Journal, May 3
After consideration on the merits, the Committee recommends that HB23-1255 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 5, line 12, strike "REQUIREMENTS," and substitute
"REQUIREMENTS THAT REGULATE OR RESTRICT MARKET RATE DEVELOPMENT OR
REDEVELOPMENT IN ORDER TO ENFORCE AFFORDABILITY REQUIREMENTS,".