Bill Summary for Bill Number HB09-1227

Date: 02/09/2009

Final
BILL SUMMARY for HB09-1227

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment A). Th Adopt prepared amendment L.001 (Attachment A). Th Adopt prepared amendment L.002 (Attachment B). Ed	FAIL TIE FAIL

02:49 PM -- House Bill 09-1227

Representative Frangas, prime sponsor, presented House Bill 09-1227 concerning the protection of neighborhoods from negative impacts associated with rental properties. This bill permits the police to notify a landlord when a tenant is charged with a criminal act that constitutes a public nuisance, or if the police have received more than one complaint about such acts. If the tenant's acts constitute a substantial violation, a landlord may seek to terminate the rental agreement with the tenant. The bill expands the definition of equity skimming to include the collection of rent on a foreclosed property by any person other than the property owner.

The bill expands the notification provisions for cases involving landlords and tenants. Such cases are generally heard in county courts and do not require significant time or effort. Any increase in trial court activity is anticipated to be minimal and can be absorbed within existing appropriations. Violation of the crime of equity skimming is a class 5 felony. Information on prosecutions for equity skimming shows that there have been no convictions since 1997, and that recent charges of this crime are most often sentenced to probation or are pled down to a misdemeanor.

Representative Frangas distributed prepared amendments L.001 through L.004 (Attachments A-D). He read from several newspaper articles.

02:58 PM -- Meghan Pfanstiel, Rocky Mountain Home Association and Colorado Apartment Owners Association, spoke in support of the bill. Ms. Pfanstiel worked with Representative Frangas on the amendments and stated that they address her concerns with the bill. She responded to committee questions from the committee. The committee discussed the amendments.

03:16 PM -- Sheryl Hutter, Colorado Cross-Disability Coalition, spoke in support of the bill without the amendments. Ms. Hutter she stated that she has not had time to consider all of the amendments, but has concerns about possible exclusions of single family dwellings.

03:19 PM -- Deanne Stodden, Castle, Meinhold, & Stawiarski, spoke in support of the bill. Ms. Stodden would like to see the scope of equity skimming expanded to include the provisions in the bill. She responded to questions from the committee. The committee discussed the portion of the bill dealing with equity skimming and whether the bill would result in new convictions.

03:30 PM

The committee continued to discuss the repercussions of the amendments. Representative Frangas wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	HB09-1227
TIME:	03:35:06 PM
MOVED:	Ryden
MOTION:	Adopt prepared amendment L.001 (Attachment A). The motion failed on a vote of 2-9.
SECONDED:	Court
		VOTE
	Apuan	No
	Court	No
	Gardner B.	No
	King	No
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	No

Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1227
TIME:	03:44:10 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.002 (Attachment B). Ed DeCecco, Office of Legislative Legal Services testified about the language in the amendment concerning a substantial violation. He responded to questions from the committee. The motion failed on a vote of 5-6.
SECONDED:	Levy
		VOTE
	Apuan	No
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:47 PM

Representative Levy pulled the bill from the table and stated that it would be heard on February 19.