Final
BILL SUMMARY for HB05-1061

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes:
Action Taken:
Moved amendment L.002 (Attachment D). Ed DeCecco,
Moved amendment L.005.(Attachment F). There was d
Moved severed section 2 of the amendment --- page
Moved to refer HB 1061, as amended, to the Committ
The motion before the committee was the adoption o		Pass Without Objection
FAIL
PASS
PASS
PASS



11:30 AM

The committee recessed.


11:33 AM -- House Bill 05-1061

Representative Merrifield explained the provisions of HB 1061 which addresses landlord and tenant relations. He distributed a proposed amendment (L.002 - Attachment D) and a fact sheet on the bill (Attachment E). He responded to questions from the committee.

The following individuals testified:

11:42 AM -- Professor Christine Cimini, University of Denver School of Law, spoke in support of the bill. She responded to questions from the committee.

11:46 AM -- Tim Herrin, Colorado Apartment Association, spoke in opposition to the provisions of the bill concerning the time frame in which the security deposit must be returned. He responded to questions.

11:58 AM -- Representative Merrifield responded to questions.


11:59 AM

Recess.

12:05 PM

The following individuals testified:

12:05 PM -- Dana Lowry, Colorado Apartment Association and an independent owner of property in Colorado Springs, spoke in opposition to the bill addressing specifically the prohibition on the waiver of common law rights (he used the example of the presence of animals on the premises), the cap on the late fees, and the notice requirements.

12:10 PM -- Dan Levin, Colorado Apartment Association and the Apartment Association of Denver commented on the issue of billing back the utility bill to the resident, the cap on the late fees (he prefers 15 percent versus 10 percent). He responded to questions.

12:17 PM -- Andrew Hamrick, Colorado Apartment Association and representing a law firm that represents landlords, spoke in opposition to the bill. He expressed special concern for the waiver of common law rights that is addressed in the bill. He responded to questions. Representative Carroll discussed what common law is.

12:26 PM -- Dave Klimut, Colorado Coalition for the Homeless, spoke in support of the bill.

12:29 PM -- Bob Inman, Jeffco Action Center, spoke in support of the bill, specifically touching on the late charge provision of the bill. He responded to questions.

12:34 PM -- Reverend Peter Morales, representing himself, expressed support for the bill and told a personal story of a problem he encountered with being charged late fees.

12:36 PM -- David Bolin, representing the Atlantis Community and the Center for People with Disabilities (CPWD), spoke in support of the bill especially the security deposit return within 30 days.

12:39 PM -- Leslie Ebert, Colorado Legal Services, spoke in support of the bill. He responded to questions.
BILL:HB05-1061
TIME: 12:48:36 PM
MOVED:Marshall
MOTION:Moved amendment L.002 (Attachment D). Ed DeCecco, Office of Legislative Legal Services, helped explain the proposed amendment. Representative White requested that the amendment be severed into two sections. The chair severed the amendment.

The committee first voted on severed section 1 of the amendment --- page 1, lines 1-13, and page 2, lines 4-7. Severed section 1 passed without objection.
SECONDED:Coleman
VOTE
Balmer
Borodkin
Butcher
Carroll M.
Coleman
Knoedler
Liston
Massey
McCluskey
Paccione
White
Cerbo
Marshall
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1061
TIME: 12:54:40 PM
MOVED:Marshall
MOTION:Moved severed section 2 of the amendment --- page 1, lines 14-17 and page 2 , lines 1-3. There was considerable of discussion about section 2 of the amendment. Representative White moved, seconded by Representative McCluskey, to amend severed section 2 of L.002 to make the maximum late fee 15% instead of 10%. The amendment to severed section 2 passed 7-6.
SECONDED:Carroll M.
VOTE
Balmer
Yes
Borodkin
No
Butcher
No
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
Yes
White
Yes
Cerbo
No
Marshall
No
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB05-1061
TIME: 01:05:58 PM
MOVED:
MOTION:The motion before the committee was the adoption of severed section 2, as amended by the White/McCluskey amendment. Severed section 2 passed 12-1.
SECONDED:
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
Yes
White
Yes
Cerbo
Yes
Marshall
Yes
Not Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB05-1061
TIME: 01:11:11 PM
MOVED:McCluskey
MOTION:Moved amendment L.005.(Attachment F). There was discussion, Representative Merrifield asked for a no vote. Amendment L.005 was defeated on a 6-7 roll call vote.
SECONDED:Coleman
VOTE
Balmer
Yes
Borodkin
No
Butcher
No
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
Yes
Cerbo
No
Marshall
No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB05-1061
TIME: 01:17:33 PM
MOVED:Paccione
MOTION:Moved to refer HB 1061, as amended, to the Committee of the Whole. Representative Merrifield wrapped up his comments and asked for a favorable vote. The motion passed 8-5.
SECONDED:Borodkin
VOTE
Balmer
No
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
Yes
Massey
No
McCluskey
No
Paccione
Yes
White
No
Cerbo
Yes
Marshall
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:19 PM

The committee adjourned.