Amendments for HB19-1106

House Journal, February 6
20 HB19-1106 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend printed bill, page 4, line 8, strike "A RECEIPT THAT ITEMIZES" and
25 substitute "AN ITEMIZATION OF".
26
27 Page 4, after line 18 insert:
28
29 "(4) A LANDLORD WHO RECEIVES A RENTAL APPLICATION FEE
30 FROM A PROSPECTIVE TENANT AND DOES NOT USE THE ENTIRE AMOUNT OF
31 THE FEE TO COVER THE LANDLORD'S COSTS IN PROCESSING THE RENTAL
32 APPLICATION SHALL REMIT TO THE PROSPECTIVE TENANT THE REMAINING
33 AMOUNT OF THE FEE.".
34
35 Page 4, strike lines 19 through 27 and substitute:
36
37 "38-12-904. Consideration of rental applications - limitations
38 - denial notice. (1) IF A LANDLORD USES RENTAL HISTORY OR CREDIT
39 HISTORY AS".
40
41 Page 5, strike lines 1 through 11.
42
43 Page 5, strike lines 16 and 17 and substitute:
44
45 "(2) IF A LANDLORD DENIES A RENTAL APPLICATION, THE
46 LANDLORD".
47
48 Page 5, line 26, strike "(3)" and substitute "(2)".
49
50 Page 6, line 5, strike "COSTS AND REASONABLE ATTORNEY FEES." and
51 substitute "COSTS.".
52
53

Senate Journal, March 15
After consideration on the merits, the Committee recommends that HB19-1106 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 3, line 11, strike "APPLICATION." and
substitute "APPLICATION OR ANY NONREFUNDABLE FEE THAT PRECEDES
THE ONSET OF TENANCY. "RENTAL APPLICATION FEE" DOES NOT INCLUDE
A REFUNDABLE SECURITY DEPOSIT OR ANY RENT THAT IS PAID BEFORE THE
ONSET OF TENANCY.".

Page 5, line 10, after "RECORD" insert "OR DEFERRED JUDGMENT".

Page 5, line 17, strike "FELONY".

Page 5, line 20, after "PART 1" insert "OR PART 6".

Page 6, line 15, strike "COSTS." and substitute "COSTS AND REASONABLE
ATTORNEY FEES.".

Page 6, line 17, strike "A GOOD-FAITH" and substitute "AN".

Page 6, line 22, strike "IMMUNE FROM LIABILITY FOR THE VIOLATION."
and substitute "NOT LIABLE FOR DAMAGES AS DESCRIBED IN SUBSECTION
(1) OF THIS SECTION.".


Local
Government


Senate Journal, March 21
HB19-1106 by Representative(s) Titone and Gonzales-Gutierrez, Benavidez, Buckner, Coleman,
Duran, Galindo, Herod, Jackson, Jaquez Lewis, Kennedy, Lontine, McLachlan, Singer,
Sirota, Valdez A., Weissman; also Senator(s) Pettersen--Concerning the rental application
process for prospective tenants.

Amendment No. 1, Local Government Committee Amendment.
(Printed in Senate Journal, March 15, page 477 and placed in members' bill files.)

Amendment No. 2(L.034), by Senator Pettersen.

Amend the Local Government Committee Report, dated March 14, 2019,
page 1, strike line 11 and substitute "Page 6, line 17, strike "MAKE A
GOOD-FAITH EFFORT TO".".

Amendment No. 3(L.035), by Senator Pettersen.

Amend reengrossed bill, page 6, line 11, strike "penalties" and substitute
"liability".

Page 6, after line 22 insert:

"(4) A PERSON WHO PURPOSEFULLY AND IN BAD FAITH BRINGS A
MERITLESS CLAIM AGAINST A LANDLORD UNDER THIS PART 9 IS LIABLE
FOR THE LANDLORD'S COURT COSTS AND REASONABLE ATTORNEY FEES IN
DEFENDING THE CLAIM.".

At the request of Senator Hill, the bill was read at length.

As amended, ordered revised and placed on the calendar for third reading and final
passage.