Amendments for HB24-1057
House Journal, February 1
9 HB24-1057 be amended as follows, and as so amended, be referred to
10 the Committee of the Whole with favorable
11 recommendation:
12
13 Amend printed bill, page 2, strike lines 4 through 7 and substitute:
14
15 "(a) Has been the subject of lawsuits that allege such products
16 pose a heightened risk of anticompetitive conduct, price fixing, and
17 collusion, all of which allegedly result in higher rents for residential
18 tenants; and
19 (b) Allegedly poses the risk that landlords will outsource pricing
20 decisions,".
21
22 Page 2, line 22, strike "DEVICE." and substitute "DEVICE THAT USES,
23 INCORPORATES, OR WAS TRAINED WITH NONPUBLIC COMPETITOR DATA.".
24
25 Page 3, strike line 5 and substitute:
26
27 "(3) AS USED IN THIS SECTION:
28 (a) "ALGORITHMIC DEVICE" MEANS A".
29
30 Page 3, line 12, strike "(a)" and substitute "(I)".
31
32 Page 3, strike lines 14 and 15 and substitute:
33
34 "(II) DOES NOT INCLUDE:
35 (A) ANY REPORT PUBLISHED PERIODICALLY, BUT NO MORE
36 FREQUENTLY THAN MONTHLY, BY A TRADE ASSOCIATION THAT RECEIVES
37 RENTER DATA AND PUBLISHES IT IN AN AGGREGATED AND ANONYMOUS
38 MANNER; OR
39 (B) A PRODUCT USED FOR THE PURPOSE OF ESTABLISHING RENT OR
40 INCOME LIMITS IN ACCORDANCE WITH THE AFFORDABLE HOUSING
41 PROGRAM GUIDELINES OF A LOCAL GOVERNMENT, THE STATE, THE
42 FEDERAL GOVERNMENT, OR OTHER POLITICAL SUBDIVISION.
43 (b) "NONPUBLIC COMPETITOR DATA" MEANS INFORMATION THAT
44 IS NOT WIDELY AVAILABLE OR EASILY ACCESSIBLE TO THE PUBLIC,
45 INCLUDING INFORMATION ABOUT ACTUAL RENT PRICES, OCCUPANCY
46 RATES, LEASE START AND END DATES, AND SIMILAR DATA, REGARDLESS OF
47 WHETHER THE DATA ARE ATTRIBUTABLE TO A SPECIFIC COMPETITOR OR
48 ANONYMIZED, AND THAT IS DERIVED FROM OR OTHERWISE PROVIDED BY
49 ANOTHER PERSON THAT COMPETES IN THE SAME MARKET AS A PERSON, OR
50 A RELATED MARKET.
51 (c) "RENT" MEANS THE TOTAL AMOUNT OF RENT, INCLUDING
52 CONCESSIONS AND FEES, THAT A RESIDENTIAL TENANT IS REQUIRED TO
53 PAY PURSUANT TO A RENTAL AGREEMENT.".
54
55 Page 3, line 21, after "VIOLATES" insert "OR ASSISTS ANOTHER PERSON IN
56 VIOLATING".
House Journal, March 1
14 Amendment No. 1, Transportation, Housing & Local Government Report,
15 dated January 31, 2024, and placed in member's bill file; Report also
16 printed in House Journal, February 1, 2024.
17
18 Amendment No. 2, by Representative Woodrow:
19
20 Amend printed bill, page 2, line 3, strike "software:" and substitute
21 "devices:".
22
23 As amended, ordered engrossed and placed on the Calendar for Third
24 Reading and Final Passage.
25
Senate Journal, April 17
HB24-1057 by Representative(s) Woodrow and Mabrey; also Senator(s) Gonzales and Hinrichsen--
Concerning prohibiting the use of an algorithmic device by a landlord for the purpose of
determining the amount of rent to charge a residential tenant, and, in connection therewith,
declaring that such use is an unfair or deceptive trade practice under the "Colorado
Consumer Protection Act".
Amendment No. 1(L.014), by Senator Ginal.
Amend reengrossed bill, page 2, line 17, strike "IN" and substitute "EXCEPT AS
DESCRIBED IN SUBSECTION (3) OF THIS SECTION, IN".
Page 3, strike line 1 and substitute "DATA, AND A PROVIDER OF AN
ALGORITHMIC DEVICE SHALL NOT INCENTIVIZE OR REQUIRE A LANDLORD TO
ACCEPT A RECOMMENDED AMOUNT OF RENT TO CHARGE A TENANT FOR THE
OCCUPANCY OF A RESIDENTIAL PREMISES.".
Page 3, after line 6 insert:
"(3) SUBSECTION (1) OF THIS SECTION DOES NOT APPLY TO AN
ALGORITHMIC DEVICE THAT USES, INCORPORATES, OR WAS TRAINED WITH
NONPUBLIC COMPETITOR DATA IF SUCH DATA INCLUDES NONPUBLIC EXECUTED
LEASE DATA THAT IS ALSO MADE AVAILABLE TO THE GENERAL PUBLIC IN AN
AGGREGATED AND ANONYMOUS MANNER AT NO MORE THAN A REASONABLE
CHARGE. WHEN MADE AVAILABLE TO THE GENERAL PUBLIC, THE PRESENTATION
OF SUCH NONPUBLIC EXECUTED LEASE DATA MAY BE TAILORED FOR THE
BENEFIT OF AND USEFULNESS TO CONSUMERS AND PRESENTED AS A RANGE OF
AVERAGE RENT PRICES FOR PROPERTIES IN A GEOGRAPHIC AREA DEFINED BY ITS
ZIP CODE, NEIGHBORHOOD, GEOGRAPHICAL RADIUS OF UP TO TEN MILES, OR
OTHER TYPE OF APARTMENT INDUSTRY SUBMARKET.".
Renumber succeeding subsection accordingly.
As amended, laid over until Thursday, April 18, retaining its place on the calendar.