Amendments for HB08-1356
 

House Journal, April 22
41 HB08-1356 be amended as follows, and as so amended, be referred to
42 the Committee of the Whole with favorable
43 recommendation:
44
45 Amend printed bill, page 5, line 22, strike "HABITATION AND THE USES";
46
47 strike line 23 and substitute the following:
48
49 "HABITATION.";
50
51 line 24, strike "(a)";
52
53 line 26, strike "(I)" and substitute "(a)";
54
55 line 27, strike "UNFIT FOR THE USES REASONABLY INTENDED BY".
56
1 Page 6, line 1, strike "THE PARTIES;" and substitute "OTHERWISE UNFIT
2 FOR HUMAN HABITATION;";
3
4 line 2, strike "(II)" and substitute "(b)";
5
6 line 5, strike "(III)" and substitute "(c)" and, after "RECEIVED", insert
7 "WRITTEN";
8
9 line 6, strike "SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH (a)" and
10 substitute "PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (2)";
11
12 strike lines 8 through 18.
13
14 Page 7, line 3, strike "SUBPARAGRAPH (III) OF PARAGRAPH (a)" and
15 substitute "PARAGRAPH (c)".
16
17 Page 9, line 20, strike "GARBAGE, AND" and substitute "AND GARBAGE
18 AND THAT HAVE APPROPRIATE EXTERMINATION IN RESPONSE TO THE".
19
20 Page 10, line 15, strike "(2) (a) (I), AND";
21
22 line 16, strike "(2) (a) (II)." and substitute "(2) (a), AND (2) (b).";
23
24 line 21, strike "OWNER:" and substitute "OWNER, OR IF THE DWELLING
25 UNIT IS A SINGLE-FAMILY RESIDENTIAL PREMISES:".
26
27 Page 11, line 19, strike "PARTIES" and substitute "LANDLORD AND
28 TENANT";
29
30 line 20, strike "SEPARATE WRITING SIGNED BY THE PARTIES" and substitute
31 "WRITING THAT IS SEPARATE FROM THE RENTAL AGREEMENT, SIGNED BY
32 THE PARTIES,".
33
34 Page 12, strike lines 9 through 25.
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 13, line 15, strike "TENDERS TO THE COURT" and substitute
39 "TENDERS".
40
41 Page 14, after line 23, insert the following:
42
43 "(3) A TENANT MAY NOT ASSERT A CLAIM FOR INJUNCTIVE RELIEF
44 BASED UPON THE LANDLORD'S BREACH OF THE WARRANTY OF
45 HABITABILITY OF A RESIDENTIAL PREMISES UNLESS THE TENANT HAS
46 GIVEN NOTICE TO A LOCAL GOVERNMENT WITHIN THE BOUNDARIES OF
47 WHICH THE RESIDENTIAL PREMISES IS LOCATED OF THE CONDITION
48 UNDERLYING THE BREACH THAT IS MATERIALLY DANGEROUS OR
49 HAZARDOUS TO THE TENANT'S LIFE, HEALTH, OR SAFETY.".
50
51 Renumber succeeding subsections accordingly.
52
53 Page 15, line 2, strike the first "OF" and substitute "TO";
54
55 line 10, strike "(b)." and substitute "(a).".
56
1 Page 16, line 18, after "IS", insert "CONSISTENT WITH THE PROVISIONS OF
2 ARTICLE 18.5 OF TITLE 25, C.R.S., AND THE RULES PROMULGATED BY THE
3 STATE BOARD OF HEALTH FOR THE CLEANUP OF AN ILLEGAL DRUG
4 LABORATORY OR IS";
5
6 line 19, after "OR", insert "UNLESS".
7
8 Page 17, line 23, strike "OF A LANDLORD";
9
10 line 24, strike "IN AND ABOUT THE RESIDENTIAL PREMISES;" and substitute
11 "FOR AN EMPLOYER OR CONTRACTOR;";
12
13 after line 26, insert the following:
14 "(g) OCCUPANCY IN A STRUCTURE THAT IS LOCATED WITHIN AN
15 UNINCORPORATED AREA OF A COUNTY, DOES NOT RECEIVE WATER, HEAT,
16 AND SEWER SERVICES FROM A PUBLIC ENTITY, AND IS RENTED FOR
17 RECREATIONAL PURPOSES, SUCH AS A HUNTING CABIN, YURT, HUT, OR
18 OTHER SIMILAR STRUCTURE;".
19
20 Reletter succeeding paragraphs accordingly.
21
22 Page 18, after line 4, insert the following:
23 "(2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT
24 REMEDIES AVAILABLE ELSEWHERE IN LAW FOR A TENANT TO SEEK TO
25 MAINTAIN SAFE AND SANITARY HOUSING.".
26
27

Senate Journal, May 1
After consideration on the merits, the Committee recommends that HB08-1356 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 13, line 1, after "HABITABILITY,", insert
"UPON THE FILING OF THE TENANT'S ANSWER";

line 2, strike "AT THE TIME OF THE FILING OF THE ANSWER";

strike lines 6 and 7 and substitute the following:

"(d) WHETHER ASSERTED AS A CLAIM OR COUNTERCLAIM, A";

line 8, strike "THE BREACH," and substitute "A BREACH OF THE WARRANTY
OF HABITABILITY,";

line 10, strike "UNIT." and substitute "UNIT, IN ANY COURT OF COMPETENT
JURISDICTION.".

Page 15, line 8, strike "BROUGHT,";

line 10, strike "AGREEMENT," and substitute "AGREEMENT IS BROUGHT,".


Education

The Committee on Education has had under consideration and has had a hearing on the
following appointments and recommends that the appointments be confirmed:

MEMBERS OF THE
READ-TO-ACHIEVE BOARD

for terms expiring April 1, 2010:

Joel A. Albers of Bennett, Colorado, to serve as an elementary school principal and as a
Democrat, appointed;

for terms expiring April 1, 2011:

Teffanie S. Rector of Agate, Colorado, to serve as a RURAL kindergarten, first, second or
third grade elementary school teacher and as a Republican, appointed;

Charlotte Macaluso of Pueblo, Colorado, to serve as a parent of a child who is enrolled in
a public school at the time of appointment and as a Democrat, appointed.

Education


The Committee on Education has had under consideration and has had a hearing on the
following appointments and recommends that the appointments be confirmed:
MEMBERS OF THE
PRIVATE OCCUPATIONAL SCHOOL BOARD

for terms expiring July 1, 2010:

Lisa B. Noll of Breckenridge, Colorado to serve as a member of the public, reappointed;

Earl F. Douglass of Lakewood, Colorado to serve as a member employed by a lending
institution located in Colorado, reappointed;

Thomas E. Narvaez of Denver, Colorado to serve as a member of the public, appointed.

for terms expiring July 1, 2012:

Karen D. Hall of Denver, Colorado to serve as a representative of a private occupational
school, appointed;

Robert E. Martin of Wheat Ridge, Colorado to serve as a representative of a private
occupational school, reappointed;

Jerald B. Sirbu of Littleton, Colorado to serve as a representative of a private occupational
school, reappointed.

Finance