Amendments for SB23-206
Senate Journal, April 5
Amend printed bill, page 8, line 11, strike "MEASUREMENT PROFESSIONAL HAS
DETERMINED" and substitute "TEST RESULT INDICATES".
Page 8, strike line 12, and substitute "OF RADON IN THE LOWEST OCCUPIABLE
SPACE OF THE PREMISES IS FOUR PICOCURIES PER LITER OR MORE; EXCEPT THAT
THIS SUBSECTION (3)(a)(II) DOES NOT APPLY IF THE LANDLORD OBTAINS A
RADON TEST BY A RADON MEASUREMENT PROFESSIONAL IN THE LOWEST
OCCUPIABLE SPACE OF THE PREMISES AND THE TEST DEMONSTRATES THAT THE
AIR CONCENTRATION OF RADON IS LESS THAN FOUR PICOCURIES PER LITER.".
Page 9, after line 20, insert:
"SECTION 5. In Colorado Revised Statutes, 12-165-107, amend
(1)(a) as follows:
12-165-107. Exemptions. (1) This article 165 does not apply to:
(a) (I) An individual performing radon measurement or radon mitigation on a
single-family residence that the individual owns and occupies; OR
(II) AN INDIVIDUAL PERFORMING RADON MEASUREMENT ON A LEASED
DWELLING UNIT THAT THE INDIVIDUAL LEASES OR OCCUPIES;".
Renumber succeeding section accordingly.
Senate Journal, April 13
SB23-206 by Senator(s) Winter F.; also Representative(s) Michaelson Jenet and Sirota--Concerning
information about radon in residential real property transactions.
Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, April 5, page(s) 687 and placed in members' bill files.)
Amendment No. 2(L.008), by Senator Winter and Kirkmeyer.
Amend printed bill, page 3, after line 9 insert:
"(j) Clear disclosure through stand-alone radon notifications during real
estate transactions has been shown to greatly increase voluntary testing and
improve public health outcomes;".
Reletter succeeding paragraphs accordingly.
Page 4, line 1, before "definition." insert "rules -".
Page 4, strike lines 5 through 10 and substitute:
"(2) (a) EACH CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY
MUST CONTAIN THE FOLLOWING DISCLOSURE IN BOLD-FACED TYPE THAT IS
CLEARLY LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS
FOLLOWS:".
Page 5, after line 3, insert:
"(b) EACH CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY OR
SELLER'S PROPERTY DISCLOSURE FOR RESIDENTIAL REAL PROPERTY MUST
CONTAIN THE FOLLOWING DISCLOSURES:".
Page 5, line 4, strike "(II)" and substitute "(I)".
Page 5, lines 13 and 14, strike "ANY RADON MITIGATION SYSTEM, INCLUDING A
SYSTEM DESCRIPTION AND DOCUMENTATION, IF" and substitute "WHETHER".
Page 5, line 17, strike "(III) A COPY OF" and substitute "(II) AN ELECTRONIC
OR PAPER COPY OF".
Page 5, strike lines 21 through 27 and substitute:
"(c) THE REAL ESTATE COMMISSION SHALL PROMULGATE RULES
REQUIRING:
(I) EACH CONTRACT THAT IS FOR THE PURCHASE AND SALE OF
RESIDENTIAL REAL PROPERTY AND THAT IS SUBJECT TO THE REAL ESTATE
COMMISSION'S JURISDICTION TO INCLUDE THE STATEMENT DESCRIBED IN
SUBSECTION (2)(a) OF THIS SECTION IN BOLD-FACED TYPE THAT IS CLEARLY
LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS DESCRIBED IN SUBSECTION
(2)(a) OF THIS SECTION; AND
(II) EACH CONTRACT FOR SALE OR SELLER'S PROPERTY DISCLOSURE FOR
RESIDENTIAL REAL PROPERTY TO INCLUDE THE DISCLOSURES DESCRIBED IN
SUBSECTION (2)(b) OF THIS SECTION, INCLUDING RULES THAT SPECIFY THE
FORMAT AND MANNER FOR DELIVERY OF THE BROCHURE.".
Renumber succeeding subsection accordingly.
Page 6, line 1, strike "SECTION, "RESIDENTIAL" and substitute "SECTION:
(a) "REAL ESTATE COMMISSION" MEANS THE REAL ESTATE COMMISSION
CREATED IN SECTION 12-10-206.
(b) "RESIDENTIAL".
Page 6, line 3, strike "(a)" and substitute "(I)".
Page 6, line 5, strike "(b)" and substitute "(II)".
Page 9, strike lines 9 through 20 and substitute:
"SECTION 4. In Colorado Revised Statutes, add 12-10-220.5 as
follows:
12-10-220.5. Radon disclosure - rules. THE COMMISSION SHALL
PROMULGATE RULES TO IMPLEMENT SECTION 38-35.7-111 (2)(c)(II).".
Amendment No. 4(L.010), by Senator Winter.
Amend the Local Government and Housing Committee Report, dated April 4,
2023, page 1, strike lines 1 through 9 and substitute:
"Amend printed bill, page 8, line 5, strike "A" and substitute "SUBJECT TO
SUBSECTION (3)(b) OF THIS SECTION, A".
Page 8, line 6, after "PREMISES" insert "IN ACCORDANCE WITH SECTION
38-12-507".
Page 8, strike lines 13 through 27 and substitute
"(b) ON OR AFTER JANUARY 1, 2026, THIS SUBSECTION (3) DOES NOT
APPLY TO A LEASE AGREEMENT THAT IS ONE YEAR OR LESS IN DURATION.".
Page 9, strike line 1.
Page 9, after line 8 insert:
"SECTION 4. In Colorado Revised Statutes, 38-12-503, amend (2)
introductory portion; and add (2.4) as follows:
38-12-503. Warranty of habitability. (2) Except as described in
subsection (2.2) OR (2.4) of this section, a landlord breaches the warranty of
habitability set forth in subsection (1) of this section if:
(2.4) A LANDLORD BREACHES THE WARRANTY OF HABITABILITY IF THE
LANDLORD FAILS TO COMPLY WITH SECTION 38-12-803.".
Renumber succeeding sections accordingly.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.