Date: 03/06/2006

Final
BILL SUMMARY for HB06-1103

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 06-1103 to the Committee of the WPASS


02:32 PM -- House Bill 06-1103

Senator Hanna, sponsor, presented House Bill 06-1103 concerning forfeiture provisions in agreements affecting in facilities providing residential care. The bill gives a person residing in a residential care facility the right to a contract or written agreement that contains fair lease provisions concerning the forfeiture of any rent paid. It requires that the provisions of any contract or written agreement regarding the forfeiture appear on the front page of the contract in no less than 12-point bold-faced type. The bill states that any contract clause or lease provision that results in or requires forfeiture of rent following the one-month period after a person residing in the facility moves due to a medical condition or dies during the term of the contract or lease shall be deemed against public policy and shall be void.

02:35 PM -- Dean Painter, Colorado Association of Homes and Services for the Aging, spoke in support of the bill. Reverend Painter believes that the bill provides for better clarification in residential care facility contracts.

02:38 PM -- Jack Duffy, American Association of Retired Persons, spoke in favor of the bill. Mr. Duffy stated that individuals who are affected by this bill are a vulnerable population and clarity is very important.

02:40 PM -- Charles Carter, Colorado Senior Lobby and the National Active and Retired Federal Employees, spoke in support of the bill. Mr. Carter spoke about common practice in residential care facility contracts. He talked about the financial burden on families of patients who die and forfeit rent.

02:49 PM -- Marilyn Lang, H.E.L.P., spoke in favor of the bill. Ms. Lang discussed the complexity of assisted living contracts. She asked the an amendment be made to specify a room or apartment in a facility. Ms. Lang also raised a concern about who receives an applicable refund.

02:53 PM -- Reverend Painter returned to the table to explain the provision in the bill that would void a contract in the event that the contract does not comply with the law.
BILL:HB06-1103
TIME: 02:56:25 PM
MOVED:Bacon
MOTION:Refer House Bill 06-1103 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 3-2, with two excused.
SECONDED:
VOTE
Bacon
Yes
Dyer
No
Gordon
Yes
Mitchell
Excused
Traylor
No
Shaffer
Excused
Grossman
Yes
Final YES: 3 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS