Amendments for SB25-020
Senate Journal, March 11
After consideration on the merits, the Committee recommends that SB25-020 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, after line 1 insert:
"SECTION 1. In Colorado Revised Statutes, 13-40-110.5, add (6) as
follows:
13-40-110.5. Automatic suppression of court records - definition.
(6) IN ADDITION TO THE PERSONS DESCRIBED IN SUBSECTIONS (1) AND (5) OF
THIS SECTION, A COURT SHALL ALLOW A PERSON TO ACCESS A SUPPRESSED
COURT RECORD IF THE PERSON AFFIRMS TO THE COURT, IN WRITING OR
ELECTRONICALLY, THAT THE PERSON IS ACCESSING THE SUPPRESSED COURT
RECORD ON BEHALF OF THE ATTORNEY GENERAL FOR THE PURPOSE OF
INVESTIGATING ANY VIOLATION OF STATE LAW THAT THE ATTORNEY GENERAL
IS AUTHORIZED TO ENFORCE PURSUANT TO SECTION 24-31-101 (1)(i).".
Renumber succeeding sections accordingly.
Page 2, line 3, strike "and (1)(i)(XXVI)" and substitute "(1)(i)(XXVI), and (5)".
Page 2, after line 15 insert:
"(5) THE ATTORNEY GENERAL SHALL CONDUCT ENFORCEMENT ACTIONS
AUTHORIZED BY SENATE BILL 25-020, IF ANY, WITHIN EXISTING
APPROPRIATIONS.".
Page 5, line 26, after "(1)(m)" insert "and (3)".
Page 6, lines 3 and 4, strike "AND CRIMINAL".
Page 6, after line 8 insert:
"(3) (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, A CONTRACT
BETWEEN A COUNTY AND A PRIVATE ATTORNEY WHO THE COUNTY RETAINS IN
RELATION TO A CIVIL ACTION DESCRIBED IN SUBSECTION (1)(m) OF THIS SECTION
SHALL SPECIFY AN HOURLY RATE, NOT TO EXCEED FIVE HUNDRED DOLLARS PER
HOUR, AT WHICH THE COUNTY COMPENSATES THE PRIVATE ATTORNEY.
(b) A COUNTY MAY USE AN AMOUNT EQUAL TO OR LESS THAN TEN
PERCENT OF ANY MONETARY AWARD RECEIVED AS A RESULT OF A CIVIL OR
CRIMINAL ACTION COMMENCED PURSUANT TO SUBSECTION (1)(m) OF THIS
SECTION TO COVER THE COSTS OF THAT CIVIL ACTION, INCLUDING ATTORNEY
FEES.
(c) IN COMMENCING A CIVIL ACTION PURSUANT TO SUBSECTION (1)(m)
OF THIS SECTION, A COUNTY MAY CONFER WITH ANY HOUSING AUTHORITY
CREATED PURSUANT TO TITLE 29 THAT SERVES THE COUNTY IN WHOLE OR IN
PART.".
Page 6, strike lines 9 through 17 and substitute:
"SECTION 5. In Colorado Revised Statutes, 31-15-401, add (1)(r) and
(2) as follows:
31-15-401. General police powers. (1) In relation to the general police
power, the governing bodies of municipalities have the following powers:".
Page 6, line 18, strike "(g)" and substitute "(r)".
Page 6, lines 18 and 19, strike "AND CRIMINAL".
Page 6, after line 23 insert:
"(2) (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, A CONTRACT
BETWEEN A MUNICIPALITY AND A PRIVATE ATTORNEY WHO THE COUNTY
RETAINS IN RELATION TO A CIVIL ACTION DESCRIBED IN SUBSECTION (1)(r) OF
THIS SECTION SHALL SPECIFY AN HOURLY RATE, NOT TO EXCEED FIVE HUNDRED
DOLLARS PER HOUR, AT WHICH THE MUNICIPALITY COMPENSATES THE PRIVATE
ATTORNEY.
(b) A MUNICIPALITY MAY USE AN AMOUNT EQUAL TO OR LESS THAN TEN
PERCENT OF ANY MONETARY AWARD RECEIVED AS A RESULT OF A CIVIL ACTION
COMMENCED PURSUANT TO SUBSECTION (1)(r) OF THIS SECTION TO COVER THE
COSTS OF THAT CIVIL ACTION, INCLUDING ATTORNEY FEES.
(c) IN COMMENCING A CIVIL ACTION PURSUANT TO SUBSECTION (1)(r)
OF THIS SECTION, A MUNICIPALITY MAY CONFER WITH ANY HOUSING AUTHORITY
CREATED PURSUANT TO TITLE 29 THAT SERVES THE MUNICIPALITY IN WHOLE OR
IN PART.".
Page 7, line 3, after "PROPERTY." insert "THE DUTIES OF A RECEIVER ARE TO
ACHIEVE THE PURPOSES OF THIS PART 5 PURSUANT TO SECTION 38-12-501, TO
ENSURE THAT MULTIFAMILY RESIDENTIAL PROPERTY IS FIT FOR HUMAN
HABITATION AS REQUIRED BY SECTION 38-12-503 (1), AND TO ENSURE THAT THE
MULTIFAMILY RESIDENTIAL PROPERTY COMPLIES WITH ALL COUNTY OR
MUNICIPAL PUBLIC HEALTH CODES OR MUNICIPAL ORDINANCES REGULATING
PUBLIC HEALTH AND SAFETY THAT APPLY TO MULTIFAMILY RESIDENTIAL
PROPERTY.".
Page 7, line 11, after "PROPERTY;" add "AND".
Page 7, strike lines 12 through 27.
Page 8, strike lines 1 through 3 and substitute:
"(b) A COUNTY, CITY AND COUNTY, OR MUNICIPALITY, WHEN THE
COUNTY, CITY AND COUNTY, OR MUNICIPALITY HAS REASONABLE CAUSE TO
BELIEVE THAT ANY PERSON, WHETHER IN THIS STATE OR ELSEWHERE, HAS
ENGAGED IN OR IS ENGAGING IN A PATTERN OR PRACTICE OF VIOLATIONS OF THIS
PART 5, OTHER THAN A VIOLATION OF SECTION 38-12-503 (5), IN CONNECTION
WITH THE MULTIFAMILY RESIDENTIAL PROPERTY.".
Page 8, line 10, strike "SEVENTY-TWO HOURS" and substitute "THREE BUSINESS
DAYS".
Page 8, line 13, strike "OWNER OF RECORD" and substitute "LANDLORD".
Page 8, line 16, strike "PROPERTY;" and substitute "PROPERTY, EXCEPT THAT
THE FAILURE TO SERVE ANY SUCH PARTY WHOSE NAME AND ADDRESS ARE NOT
AVAILABLE TO THE PETITIONER DOES NOT PRECLUDE THE COURT FROM HOLDING
THE HEARING OR INVALIDATING THE PROCEEDING SO LONG AS THE NOTICE IS
POSTED AT THE PROPERTY;".
Page 8, line 17, after "CITY" insert "OR TOWN".
Page 8, after line 24 insert:
"(III) A PETITIONER SEEKING THE APPOINTMENT OF A RECEIVER
PURSUANT TO THIS SECTION MUST CONSPICUOUSLY POST NOTICE OF THE
PETITION ON AND AROUND THE RELEVANT MULTIFAMILY RESIDENTIAL
PROPERTY. THIS NOTICE SHALL INCLUDE THE PHONE NUMBER AND EMAIL
ADDRESS OF THE PETITIONER. THE PETITIONER IS STRONGLY ENCOURAGED TO
POST THE NOTICE IN LANGUAGES OTHER THAN ENGLISH, IF THE PETITIONER IS
AWARE THAT THOSE LANGUAGES ARE SPOKEN BY THE PROPERTY'S TENANTS.".
Page 9, line 17, after "HOUSING." insert "THE RECEIVER MUST BE FINANCIALLY
AND LEGALLY INDEPENDENT OF THE MULTIFAMILY RESIDENTIAL PROPERTY'S
OWNERSHIP OR MANAGEMENT.".
Page 11, strike lines 5 through 11 and substitute "RESIDENTIAL PROPERTY;
AND".
Page 12, line 11, after "PROPERTY." insert "IN SO DOING, THE RECEIVER:
(a) SHALL PERFORM THEIR DUTIES IN A WAY THAT MINIMIZES, TO THE
GREATEST EXTENT POSSIBLE, FURTHER DISRUPTION OF THE MULTIFAMILY
RESIDENTIAL PROPERTY'S TENANTS;
(b) SHALL COMMUNICATE, AT LEAST ONCE A WEEK, IN A MANNER
REASONABLY CALCULATED TO BE RECEIVED BY THE MULTIFAMILY RESIDENTIAL
PROPERTY'S TENANTS, SUCH AS BY CONSPICUOUSLY POSTING COMMUNICATIONS
ON AND AROUND THE PROPERTY OR ON THE PROPERTY'S ONLINE TENANT
PORTAL, CONCERNING WHAT MEASURES THE RECEIVER IS TAKING TO BRING THE
PROPERTY INTO COMPLIANCE WITH A COUNTY OR CITY AND COUNTY PUBLIC
HEALTH CODE, OR A MUNICIPAL ORDINANCE AND OTHERWISE BRINGING THE
PROPERTY INTO COMPLIANCE WITH THIS PART 5;
(c) SHALL FIRST APPLY RENTS RECEIVED PURSUANT TO SUBSECTION
(5)(a)(II)(D) OF THIS SECTION TOWARD THE PAYMENT OF ANY UTILITIES OR
SERVICES FOR THE MULTIFAMILY RESIDENTIAL PROPERTY;
(d) AFTER APPLYING RENTS RECEIVED PURSUANT TO SUBSECTION
(5)(a)(II)(D) OF THIS SECTION AS DESCRIBED IN SUBSECTION (6)(c) OF THIS
SECTION, SHALL APPLY RENTS RECEIVED PURSUANT TO SUBSECTION (5)(a)(II)(D)
OF THIS SECTION TOWARD THE COST OF REMEDIATING ANY VIOLATION BY THE
MULTIFAMILY RESIDENTIAL PROPERTY OF THIS PART 5, OTHER THAN A
VIOLATION OF SECTION 28-12-503 (5), A COUNTY OR CITY AND COUNTY PUBLIC
HEALTH CODE, OR A MUNICIPAL ORDINANCE AND OTHERWISE BRINGING THE
PROPERTY INTO COMPLIANCE WITH THIS PART 5;
(e) SHALL NOT INITIATE A FORCIBLE ENTRY OR DETAINER ACTION OR
PROCEEDING RELATED TO THE NONPAYMENT OF BEFORE THE BEGINNING OF THE
RECEIVERSHIP;
(f) MAY INITIATE A FORCIBLE ENTRY OR DETAINER ACTION OR
PROCEEDING RELATED TO THE NONPAYMENT OF RENT THAT OCCURS DURING
THE RECEIVERSHIP; AND
(g) SHALL NOT INCREASE RENTS, FEES, OR COSTS CHARGED TO THE THE
MULTIFAMILY RESIDENTIAL PROPERTY'S TENANTS BEYOND THE LEVELS OF THE
RENTS, FEES, AND COSTS CHARGED WHEN THE COURT APPOINTED THE
RECEIVER.".
Page 12, line 21, strike "ONE HUNDRED EIGHTY" and substitute "NINETY".
Page 12, after line 26 insert:
"(II) ANY LESSEE OF THE ENTIRE MULTIFAMILY RESIDENTIAL
PROPERTY;".
Renumber succeeding subparagraphs accordingly.
Page 13, line 1, after "CITY" insert "OR TOWN".
Page 13, strike line 10 and substitute "INTEREST AND IN THE BEST INTEREST OF
THE MULTIFAMILY RESIDENTIAL PROPERTY'S TENANTS; AND".
Page 13, line 11, strike "OWNER" and substitute "OWNER, OPERATOR, OR
MANAGER".
Page 13, line 13, strike "OUT" and substitute "OUT, IN THE TIME FRAME MOST
RECENTLY APPROVED BY THE COURT PURSUANT TO SUBSECTION (4) OR (7) OF
THIS SECTION,".
Page 13, line 22, strike "DEBT," and substitute "DEBT OR LIENS,".
Page 13, lines 24 and 25, strike "ALL LIENS ON THE MULTIFAMILY PROPERTY,
AS WELL AS".
Page 15, line 2, strike "OWNER'S" and substitute "LANDLORD'S".
Page 15, line 4, strike "AND".
Page 15, line 7, strike "HEARD." and substitute "HEARD; AND".
Page 15, after line 7 insert:
"(III) SHALL REQUIRE THE RECEIVER TO COMMUNICATE IN A MANNER
REASONABLY CALCULATED TO BE AVAILABLE TO THE MULTIFAMILY
RESIDENTIAL PROPERTY'S TENANTS, SUCH AS BY CONSPICUOUSLY POSTING
COMMUNICATIONS ON AND AROUND THE PROPERTY OR ON THE PROPERTY'S
ONLINE TENANT PORTAL, THAT THE RECEIVERSHIP HAS BEEN TERMINATED AND
THE NAME, PHONE NUMBER, AND EMAIL ADDRESS OF THE OWNER, MANAGER, OR
OTHER ENTITY THAT WILL ASSUME THE RESPONSIBILITY OF MAKING THE
PROPERTY COMPLIANT WITH THIS PART 5, A COUNTY OR CITY AND COUNTY
PUBLIC HEALTH CODE, OR A MUNICIPAL ORDINANCE.".
Page 16, line 1, strike "AND".
Page 16, after line 1 insert:
"(e) NOTHING IN THIS SECTION LIMITS THE RIGHT OF TENANTS TO SEEK
A REMEDY FOR A VIOLATION OF THIS PART 5, OTHER THAN A VIOLATION OF
SECTION 28-12-503 (5), INCLUDING A BREACH OF THE WARRANTY OF
HABITABILITY, THAT OCCURRED BEFORE THE APPOINTMENT OF A RECEIVER
PURSUANT TO THIS SECTION;
(f) NOTHING IN THIS SECTION LIMITS THE POWERS OF ANY HOME RULE
MUNICIPALITY TO ENACT ORDINANCES OR OTHERWISE SAFEGUARD THE HEALTH,
SAFETY, AND WELFARE OF RESIDENTS OF MULTIFAMILY RESIDENTIAL
PROPERTIES; AND".
Reletter the succeeding paragraph accordingly.
Strike "OWNER" and substitute "LANDLORD" on: Page 7, line 2; Page 12, line
26; Page 13, line 11; Page 14, line 21; and Page 15, lines 10, 13, 14, and 20.
Strike "PART 5," and substitute "PART 5, OTHER THAN A VIOLATION OF SECTION
28-12-503 (5),": Page 7, line 10; Page 10, lines 2, 6, and 23; Page 11, lines 7,
9, and 10; Page 13, line 16; and Page 14, lines 5, 15, and 16.
Senate Journal, March 28
SB25-020 by Senator(s) Weissman and Gonzales J.; also Representative(s) Lindsay and Mabrey--
Concerning the enforcement of existing landlord-tenant law.
Senator Pelton R. moved to amend the Report of the Committee of the Whole to show
that the following Lundeen floor amendment, (L.006) to SB25-020, did pass.
Amend printed bill, page 6, line 26, strike "housing." and substitute
"housing - definition.".
Page 16, after line 4 insert:
"(10) As used in this section, unless the context otherwise requires,
"multifamily residential property" means a multifamily residential or
mixed-use rental property consisting of not less than twenty units. For the
purpose of determining whether a property consists of at least the minimum
number of units, an accessory dwelling unit does not count as a unit.".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 13 NO 21 EXCUSED 1 ABSENT 0
Amabile N Daugherty E Liston Y Rodriguez N
Baisley Y Exum N Lundeen Y Simpson Y
Ball N Frizell Y Marchman N Snyder N
Bridges N Gonzales J. N Michaelson N Sullivan N
Bright Y Hinrichsen N Mullica N Wallace N
Carson Y Jodeh Y Pelton B. Y Weissman N
Catlin Y Kipp N Pelton R. Y Winter F. N
Cutter N Kirkmeyer Y Rich Y President N
Danielson N Kolker N Roberts N
House Journal, April 16
20 SB25-020 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend reengrossed bill, page 9, line 9, after "PART 5," insert "THAT
25 NEGATIVELY IMPACT THE HEALTH AND SAFETY OF THE MULTIFAMILY
26 RESIDENTIAL PROPERTIES' TENANTS,".
27
28 Page 10, line 5, strike "AND".
29
30 Page 10, line 6, strike "AFFAIRS." and substitute "AFFAIRS; AND
31 (G) IF THE MULTIFAMILY RESIDENTIAL PROPERTY IS SUBJECT TO A
32 FORM OF LOCAL, STATE, OR FEDERAL GOVERNMENT SUBSIDY OR SUPPORT
33 OR OTHER GOVERNMENT ASSISTANCE THAT HAS A RECORDED USE
34 COVENANT UPON THE PROPERTY, THE PROVIDER OF THAT SUBSIDY,
35 SUPPORT, OR OTHER GOVERNMENT ASSISTANCE.".
36
37 Strike "28-12-503 (5)" and substitute "38-12-503 (5)" on: Page 9, line 3;
38 Page 11, line 25; Page 12, lines 2 and 20; Page 14, line 23; Page 16, line
39 18; Page 17, lines 7 and 19; and Page 19, line 17.
40
41
House Journal, April 24
39 Amendment No. 1, Judiciary Report, dated April 15, 2025, and placed in
40 member’s bill file; Report also printed in House Journal, April 16, 2025.
41
42 Amendment No. 2, by Representative Mabrey:
43
44 Amend the Judiciary Committee Report, dated April 15, 2025, page 1,
45 strike lines 1 through 3 and substitute:
46
47 "Amend reengrossed bill, page 8, line 12, strike "housing." and substitute
48 "housing - definition.".
49
50 Page 9 of the bill, lines 2 and 3, strike "VIOLATION OF THIS PART 5, OTHER
51 THAN A VIOLATION OF SECTION 28-12-503 (5)," and substitute "PATTERN
52 OF NEGLECT".
53
54
1 Page 9 of the bill, lines 8 through 10, strike "OR PRACTICE OF VIOLATIONS
2 OF THIS PART 5, OTHER THAN A VIOLATION OF SECTION 38-12-503 (5)," and
3 substitute "OF NEGLECT".
4
5 Page 9 of the bill, after line 11 insert:
6
7 "(c) AS USED IN THIS SUBSECTION (2), UNLESS THE CONTEXT
8 OTHERWISE REQUIRES, "PATTERN OF NEGLECT" MEANS EVIDENCE THAT A
9 PERSON HAS MAINTAINED THE MULTIFAMILY RESIDENTIAL PROPERTY IN A
10 STATE OF DISREPAIR THAT CONSTITUTES A THREAT TO THE HEALTH,
11 SAFETY, OR SECURITY OF THE TENANTS OR THE PUBLIC. A THREAT TO THE
12 HEALTH, SAFETY, OR SECURITY OF THE TENANTS INCLUDES:
13 (I) A VERMIN OR RAT INFESTATION;
14 (II) FILTH OR CONTAMINATION;
15 (III) INADEQUATE VENTILATION, ILLUMINATION, SANITARY,
16 HEATING, OR LIFE SAFETY FACILITIES;
17 (IV) INOPERATIVE FIRE SUPPRESSION OR WARNING EQUIPMENT;
18 (V) INOPERATIVE DOORS OR WINDOW LOCKS; AND
19 (VI) ANY OTHER CONDITION THAT CONSTITUTES A HAZARD TO
20 TENANTS, OCCUPANTS, OR THE PUBLIC.".".
21
22 Page 1 of the report, line 11, strike "Page 9, line 3:".
23
24 Amendment No. 3, by Representative Mabrey:
25
26 Amend reengrossed bill, page 14, after line 26 insert:
27
28 "(e) AFTER APPLYING RENTS RECEIVED PURSUANT TO SUBSECTION
29 (5)(a)(II)(D) OF THIS SECTION AS DESCRIBED IN SUBSECTION (6)(d) OF THIS
30 SECTION, SHALL APPLY RENTS RECEIVED PURSUANT TO SUBSECTION
31 (5)(a)(II)(D) OF THIS SECTION FOR PURPOSES REASONABLY NECESSARY IN
32 THE ORDINARY COURSE OF BUSINESS OF THE MULTIFAMILY RESIDENTIAL
33 PROPERTY, INCLUDING MAINTENANCE AND UPKEEP OF THE PROPERTY;
34 MORTGAGES, OR OTHER DEBTS; AND PAYMENT OF THE RECEIVER'S FEES;
35 (f) HAS A FIDUCIARY DUTY TO THE OWNER OF THE MULTIFAMILY
36 RESIDENTIAL PROPERTY TO MAINTAIN AND PRESERVE THE PROPERTY SO
37 LONG AS THE VIOLATION BY THE MULTIFAMILY RESIDENTIAL PROPERTY OF
38 THIS PART 5, OTHER THAN A VIOLATION OF SECTION 38-12-503 (5), IS
39 ADDRESSED, AND OWES A DUTY TO THE PROPERTY'S RESIDENTS;".
40
41 Reletter succeeding paragraphs accordingly.
42
43 As amended, ordered revised and placed on the Calendar for Third
44 Reading and Final Passage.
45