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Bill: HB17-1016
Title: Exclude Value Mineral Resources Tax Increment Financing Division
Position
House SponsorsL. Saine (R)
M. Gray (D)
Senate SponsorsB. Martinez Humenik (R)
R. Zenzinger (D)
House CommitteeLocal Government
Senate CommitteeLocal Government
Official Summary

The bill permits the governing body of a municipality, as
applicable, to provide in an urban renewal plan that the valuation
attributable to the extraction of mineral resources located within the urban
renewal area is not subject to the division of taxes between base and
incremental revenues that accompanies the tax increment financing of
urban renewal projects. In such circumstances, the taxes levied on the
valuation will be distributed to the public bodies as if the urban renewal
plan was not in effect.

Comment
Hearing Date
StatusGovernor Signed (03/08/2017)
Fiscal NotesFiscal Notes (07/10/2017)

Bill: HB17-1017
Title: County Surveyor Duties
Position
House SponsorsC. Kennedy (D)
Senate SponsorsR. Baumgardner (R)
C. Jahn (D)
House CommitteeLocal Government
Senate CommitteeLocal Government
Official Summary

The bill clarifies the specific duties of a county surveyor and
provides that certain services may be provided at the surveyor's discretion
and when compensated by agreement between the surveyor and the board
of county commissioners. The board of county commissioners may elect
to have some of the discretionary services contracted out to a private
surveyor or have other county departments perform the services.
If the office of the county surveyor is vacant, current law requires
the board of county commissioners to fill the vacancy within 90 days. The
bill extends this period to 6 months.
The bill modifies the process used to fix and define an indefinite
boundary line between 2 counties.

Comment
Hearing Date
StatusGovernor Signed (03/08/2017)
Fiscal NotesFiscal Notes (08/29/2017)

Bill: HB17-1018
Title: Extend Voter Approval Window For RTA Regional Transportation Authority Mill Levy
Position
House SponsorsL. Liston (R)
D. Mitsch Bush (D)
Senate SponsorsR. Gardner (R)
House CommitteeTransportation & Energy
Senate CommitteeLocal Government
Official Summary

Current law authorizes a regional transportation authority to seek
voter approval for a uniform mill levy of up to 5 mills on all taxable
property within its territory, but the authorization is scheduled to repeal
on January 1, 2019. The bill extends the authorization until January 1,
2029.

Comment
Hearing Date
StatusGovernor Signed (03/01/2017)
Fiscal NotesFiscal Notes (07/10/2017)

Bill: HB17-1019
Title: Property Tax Redemption Third Party Costs
Position
House SponsorsD. Valdez (D)
Senate SponsorsD. Coram (R)
House CommitteeFinance
Senate CommitteeFinance
Official Summary

When property taxes are delinquent, a county treasurer issues a tax
certificate, which is a lien on the property. The property can be redeemed
upon paying the delinquent taxes, interest, and specified publication,
abstract, and search fees. The bill now requires the repayment of any
amounts paid to third parties in connection with processing the
redemption.

Comment
Hearing Date
StatusGovernor Signed (03/08/2017)
Fiscal NotesFiscal Notes (09/13/2017)

Bill: HB17-1026
Title: Reverse Mortgage Repayment When Home Uninhabitable
Position
House SponsorsJ. Singer (D)
Senate SponsorsM. Jones (D)
House CommitteeLocal Government
Senate CommitteeState, Veterans, and Military Affairs
Official Summary

Wildfire Matters Review Committee. Under current law, the
borrower in a reverse mortgage transaction is relieved of the obligation
to occupy the subject property as a principal residence if the borrower is
temporarily absent for up to 60 days or, if the property is adequately
secured, up to one year. The bill adds a third exception to the
principal-residence requirement to cover situations in which a natural
disaster or other serious incident beyond the borrower's control renders
the property uninhabitable. The maximum time allowable for a temporary
absence under these circumstances is 5 years.

Comment
Hearing Date
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/24/2017)
Fiscal NotesFiscal Notes (05/31/2017)

Bill: HB17-1049
Title: Eliminate Property Tax Abatement Refund Interest
Position
House SponsorsD. Thurlow (R)
M. Gray (D)
Senate SponsorsD. Coram (R)
House CommitteeFinance
Senate CommitteeFinance
Official Summary

If property taxes are levied erroneously or illegally and a taxpayer
has not protested the valuation within the time permitted by law, then the
taxpayer has 2 years from the start of the property tax year to file a
petition for abatement or refund. The board of county commissioners is
required to abate the taxes, and the taxpayer is entitled to a refund for the
incorrect amount and, in some circumstances, refund interest equal to 1%
per month. The bill eliminates the refund interest related to a property tax
abatement.

Comment
Hearing Date
StatusGovernor Signed (04/24/2017)
Fiscal NotesFiscal Notes (02/10/2017)

Bill: HB17-1065
Title: Clarify Requirements Formation Metropolitan District
Position
House SponsorsK. Lewis (R)
Senate SponsorsV. Marble (R)
House CommitteeLocal Government
Senate CommitteeLocal Government
Official Summary

Under existing law, no land area that is 40 acres or more used
primarily and zoned for agricultural uses may be included in any park and
recreation district without the written consent of the land owners.
Sections 1 and 2 of the bill make any metropolitan district providing
parks or recreational facilities and programs subject to this limitation.
Sections 3 and 4 clarify that only those signatures obtained after
the approval by a county or municipality of the service plan of a proposed
special district may be considered by the district court in determining
whether the required number of taxpaying electors of such district have
signed the petition for organization.

Comment
Hearing Date
StatusGovernor Signed (03/23/2017)
Fiscal NotesFiscal Notes (07/11/2017)

Bill: HB17-1067
Title: Update National Standards Citations Accessible Housing
Position
House SponsorsD. Thurlow (R)
Senate SponsorsA. Kerr (D)
House CommitteeLocal Government
Senate CommitteeLocal Government
Official Summary

Statutory Revision Committee. The bill amends references to an
out-of-date version of a standard, promulgated by the American national
standards institute, that governs construction of accessible housing.

Comment
Hearing Date
StatusGovernor Signed (03/08/2017)
Fiscal NotesFiscal Notes (07/12/2017)

Bill: HB17-1169
Title: Construction Defect Litigation Builder's Right To Repair
Position
House SponsorsT. Leonard (R)
Senate SponsorsJ. Tate (R)
House CommitteeState, Veterans, & Military Affairs
Senate Committee
Official Summary

The bill clarifies that a construction professional has the right to
receive notice from a prospective claimant concerning an alleged
construction defect; to inspect the property; and then to elect to either
repair the defect or tender an offer of settlement before the claimant can
file a lawsuit seeking damages.

Comment
Hearing Date
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/01/2017)
Fiscal NotesFiscal Notes (07/13/2017)

Bill: HB17-1170
Title: State Housing Board Rules Eliminate Double Inspections
Position
House SponsorsC. Kennedy (D)
Senate Sponsors
House CommitteeLocal Government
Senate Committee
Official Summary

The bill requires the state housing board to work cooperatively
with the Colorado housing and finance authority to promulgate rules that
will result in the reduction of duplicative inspections required by
low-income housing programs.

Comment
Hearing Date
StatusHouse Committee on Local Government Postpone Indefinitely (03/15/2017)
Fiscal NotesFiscal Notes (03/07/2017)

Bill: HB17-1187
Title: Change Excess State Revenues Cap Growth Factor
Position
House SponsorsD. Thurlow (R)
Senate SponsorsL. Crowder (R)
House CommitteeFinance
Senate CommitteeState, Veterans, and Military Affairs
Official Summary

In 2005, voters approved Referendum C, which is a
voter-approved revenue change to the TABOR fiscal year spending limit.
Under the referendum, the state is permitted to retain and spend all state
revenues up to the excess state revenues cap. The excess state revenues
cap is adjusted annually for inflation and population changes, among
other things.
The bill modifies the excess state revenues cap by allowing an
annual adjustment for an increase based on the average annual change of
Colorado personal income over the last 5 years, rather than adjusting for
inflation and population. Colorado personal income is the total personal
income for Colorado as reported by a federal agency. As the modification
may increase the amount that the state retains and spends in a given fiscal
year, the bill seeks voter approval for the change, as required by TABOR.

Comment
Hearing Date
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/20/2017)
Fiscal NotesFiscal Notes (05/15/2017)

Bill: HB17-1199
Title: Foreclosure Sale Processes
Position
House SponsorsP. Rosenthal (D)
Senate SponsorsJ. Cooke (R)
House CommitteeLocal Government
Senate Committee
Official Summary

The bill excludes information relating to violations of the
requirement for a single point of contact or dual tracking from the
published notice that precedes a foreclosure sale. The bill also clarifies:
  • That the deadline for a public trustee or sheriff (officer)
conducting a foreclosure to continue a foreclosure sale is
the scheduled date and time of the sale; and
  • What happens if a foreclosure sale violates an automatic
stay under the federal bankruptcy code, depending on
whether full payment of the successful bid amount is
received by the officer.
The procedures that apply if a foreclosure sale is set aside by court
order are established to mirror the procedures that follow a rescission of
a public trustee sale. In addition, a person rescinding a foreclosure sale is
no longer required to send envelopes along with their rescission
paperwork.

Comment
Hearing Date
StatusHouse Committee on Local Government Postpone Indefinitely (03/08/2017)
Fiscal NotesFiscal Notes (06/12/2017)

Bill: HB17-1279
Title: Construction Defect Actions Notice Vote Approval
Position
House SponsorsA. Garnett (D)
L. Saine (R)
Senate SponsorsL. Guzman (D)
J. Tate (R)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeBusiness, Labor and Technology
Official Summary

The bill requires that, before the executive board of a unit owners'
association (HOA) in a common interest community brings suit against
a developer or builder on behalf of unit owners, the board must:
  • Notify all unit owners and the developer or builder against
whom the lawsuit is being considered;
  • Call a meeting at which the executive board and the
developer or builder will have an opportunity to present
relevant facts and arguments; and
  • Obtain the approval of a majority of the unit owners after
giving them detailed disclosures about the lawsuit and its
potential costs and benefits.

Comment
Hearing Date
StatusGovernor Signed (05/23/2017)
Fiscal NotesFiscal Notes (07/24/2017)

Bill: HB17-1311
Title: Seller's Disclosure Estimated Future Property Tax
Position
House SponsorsD. Michaelson Jenet (D)
M. Weissman (D)
Senate SponsorsA. Williams (D)
House CommitteeLocal Government
Senate CommitteeFinance
Official Summary

For sales of a newly constructed residence, the bill requires a seller
to disclose an estimate of future property taxes. The estimate is based on
the following factors:
  • The purchase price is the actual value of the real property,
including the newly constructed residence;
  • The ratio of valuation for assessment is the same as the
residential real property set forth for the current property
tax year; and
  • The mill levies are the same as those levied by all local
governments for the current property tax year that are
applicable to the property; except that, if the seller has
actual knowledge that the total mill levies will change in
the next year, the seller shall use this new amount for the
calculation.

Comment
Hearing Date
StatusSenate Committee on Finance Postpone Indefinitely (05/04/2017)
Fiscal NotesFiscal Notes (06/20/2017)

Bill: HB17-1319
Title: Appraisals For Insurance Claims
Position
House SponsorsL. Sias (R)
Senate Sponsors
House CommitteeJudiciary
Senate Committee
Official Summary

The bill, addressing appraisals conducted for insurance purposes,
sets standards for when an appraiser, including an appraisals umpire, is
considered fair, impartial, and neutral. The bill imposes the following
requirements:
  • An appraiser is prohibited from having a direct, material
interest in the amounts determined by the appraisal process;
  • An appraiser, including an appraisals umpire, must disclose
to all parties any known fact discovered at any time that a
reasonable person would consider likely to affect the
appraiser's interest in the amount determined by the
appraisal;
  • Both the insurer and the insured, and their representatives,
are prohibited from communicating with the other party's
appraiser without the consent and participation of both
parties; except that appraisers may directly communicate
with each other to reach an agreed-upon settlement amount;
  • The insurer, the insured, and their representatives,
including adjusters, attorneys, and appraisers, must not
have ex parte communications with the umpire during the
appraisal process; and
  • The umpire must not have ex parte communications with
the insurer, including adjusters, the insured, and their
representatives, including public adjusters.

Comment

Per sponsor (Rep Sias) this bill is brought to clarify ambiguities between statute and a bulletin from the Division of Insurance regarding property & casualty appraisals.  He does not intend to make substantive policy changes and decisions through this bill.  Gayle also talked with the attorney who requested the legislation based on that division bulletin, that is his intent as well.  Will continue to monitor to ensure no amendments are made to the real estate appraisers portion of statutes.

Hearing Date
StatusHouse Committee on Judiciary Postpone Indefinitely (05/02/2017)
Fiscal NotesFiscal Notes (06/28/2017)

Bill: HB17-1349
Title: Assessment Ratio For Residential Real Property
Position
House SponsorsD. Pabon (D)
K. Van Winkle (R)
Senate SponsorsL. Court (D)
T. Neville (R)
House CommitteeFinance
Senate CommitteeFinance
Official Summary

The bill sets the ratio of valuation for assessment for residential
real property at 7.2% for property tax years commencing on and after
January 1, 2017, until the next property tax year that the general assembly
adjusts this ratio.

Comment
Hearing Date
StatusGovernor Signed (06/05/2017)
Fiscal NotesFiscal Notes (04/24/2017)

Bill: HB17-1358
Title: Disclose Amounts Payable To Real Estate Brokers
Position
House SponsorsP. Rosenthal (D)
Senate Sponsors
House CommitteeBusiness, Affairs & Labor
Senate Committee
Official Summary

The bill requires that, in any sale or lease of real estate, the
amounts payable to anyone acting as a broker in the transaction (e.g.,
buyer's agent, seller's agent, transaction-broker) be disclosed in writing,
either as part of the contract or otherwise, and accounted for. If the
amount payable is allocated between the parties, the portion for which
each party is responsible must be separately stated.
Brokers are required to disclose their fees or the basis for
calculating their fees on all marketing materials relating to any specific
property, including on-line multiple listing services.

Comment
Hearing Date
StatusIntroduced In House - Assigned to Business Affairs and Labor (04/24/2017)
Fiscal Notes 

Bill: SB17-009
Title: Business Personal Property Tax Exemption
Position
House SponsorsT. Leonard (R)
Senate SponsorsL. Crowder (R)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeFinance
Official Summary

There is an exemption from property tax for business personal
property that would otherwise be listed on a single personal property
schedule that is equal to $7,300 for the current property tax year cycle.
The bill triples the exemption to $21,900 for the next 2 property tax years
and adjusts it for inflation for subsequent property tax cycles.

Comment
Hearing Date
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/03/2017)
Fiscal NotesFiscal Notes (07/10/2017)

Bill: SB17-038
Title: Registration Home Inspectors
Position
House Sponsors
Senate SponsorsN. Todd (D)
House Committee
Senate CommitteeState, Veterans, and Military Affairs
Official Summary

Under current law, home inspectors are not subject to regulation
by any state agency. Section 1 of the bill makes it unlawful for a person
to act as a home inspector without first registering with the department of
regulatory agencies (DORA).
Section 2 requires a review of the board's duties and functions in
registering home inspectors after 5 years under the existing sunset laws.

Comment
Hearing Date
StatusSenate Committee on Finance Postpone Indefinitely (02/09/2017)
Fiscal NotesFiscal Notes (06/20/2017)

Bill: SB17-045
Title: Construction Defect Claim Allocation Of Defense Costs
Position
House SponsorsC. Duran (D)
C. Wist (R)
Senate SponsorsK. Grantham (R)
A. Williams (D)
House Committee
Senate CommitteeBusiness, Labor and Technology
Official Summary

In a construction defect action in which more than one insurer has
a duty to defend a party, the bill requires the court to apportion the costs
of defense, including reasonable attorney fees, among all insurers with a
duty to defend. An initial order apportioning costs must be made within
90 days after an insurer files its claim for contribution, and the court must
make a final apportionment of costs after entry of a final judgment
resolving all of the underlying claims against the insured. An insurer
seeking contribution may also make a claim against an insured or
additional insured who chose not to procure liability insurance for a
period of time relevant to the underlying action. A claim for contribution
may be assigned and does not affect any insurer's duty to defend.

Comment
Hearing Date
StatusSenate Committee on Appropriations Postpone Indefinitely (05/09/2017)
Fiscal NotesFiscal Notes (08/29/2017)

Bill: SB17-053
Title: Asbestos Litigation Trust Transparency Priorities
Position
House Sponsors
Senate SponsorsJ. Sonnenberg (R)
House Committee
Senate CommitteeJudiciary
Official Summary

The bill enacts the Asbestos Bankruptcy Trust Claims
Transparency Act. Federal bankruptcy law provides companies with
asbestos-related liabilities the opportunity to reorganize and emerge from
bankruptcy with protection from lawsuits. Asbestos trusts established as
part of the bankruptcy process assume the debtor company's
asbestos-related liabilities. The trusts then pay present and future
asbestos-related claims, thus relieving the reorganized company of all
present and future asbestos-related liabilities. Plaintiffs may also file
asbestos-related personal injury actions against companies that are still
solvent and subject to suit in the civil system. The bill addresses this dual
compensation system to give defendants access to information regarding
all of a plaintiff's trust-related exposures and give fact finders information
they need to properly assign fault.
The bill requires that a plaintiff must:
  • File and disclose all asbestos trust claims before proceeding
to trial in any asbestos action;
  • Provide all parties with all trust claim materials connected
to the plaintiff's exposure to asbestos; and
  • If the plaintiff's asbestos trust claim is based on exposure
to asbestos through another individual, produce all trust
claims materials submitted by that individual to any
asbestos trusts.
The bill allows a defendant to file a motion requesting a stay of the
proceedings if the defendant has information that could support the filing
of additional trust claims by the plaintiff. If the court determines that
there is sufficient basis, the court shall stay the asbestos action until the
plaintiff files the asbestos trust claim and produces all related trust claims
materials. The bill addresses discovery and access to materials relating to
trust claims materials or trust governance documents by defendants. Prior
to trial in an asbestos action, the court shall enter into the record a
document that identifies every asbestos trust claim made by the plaintiff
or on the plaintiff's behalf. If a plaintiff proceeds to trial in an asbestos
action before an asbestos trust claim is resolved, there is a rebuttable
presumption that the plaintiff is entitled to and will receive compensation
specified in the trust governance document applicable to the claim. The
court may impose sanctions, including vacating a judgment rendered in
an asbestos action, against a plaintiff for failure to comply with the
disclosure requirements of this bill.
If the plaintiff or a person on the plaintiff's behalf files an asbestos
trust claim after the plaintiff obtains a judgment in an asbestos action, and
that asbestos trust was in existence at the time the plaintiff obtained the
judgment, the trial court, on motion by a defendant or a judgment debtor,
has jurisdiction to reopen the judgement in the asbestos action and adjust
the judgment or order other appropriate relief.
The bill also establishes procedures for the prioritization of
asbestos-related claims. An asbestos action involving a nonmalignant
condition shall not be brought or maintained in the absence of prima facie
evidence that the exposed person has an asbestos-related physical
impairment based on objective criteria developed by the medical
community. When filing an asbestos-related claim, the plaintiff must
submit signed medical reports from qualified physicians who have a
doctor-patient relationship with the plaintiff. If the plaintiff has not
established that he or she is sick as a result of the asbestos exposure, the
court shall dismiss the action. The bill prevents the filing of class action
lawsuits for asbestos-related exposures. The bill sets forth the elements
of proof for asbestos-related actions and the evidence needed to establish
evidence of physical impairment.
Until a court enters an order establishing that the exposed person
has established prima facie evidence of impairment, an asbestos action is
not subject to discovery, except for discovery relating to establishing or
challenging the prima facie evidence or by order of the trial court, upon
motion of one of the parties and for good cause. A defendant in an
asbestos action is not liable for exposures from a product or component
part made or sold by a third party, even if the third party is insolvent or
otherwise not amenable to suit.
The bill provides that an exposed person's cause of action shall not
accrue and the statute of limitations does not begin running for a person
who has been exposed to asbestos prior to the earlier of the date:
  • The exposed person receives a medical diagnosis of
asbestos-related impairment; or
  • The exposed person discovers facts that would have led a
reasonable person to obtain a medical diagnosis with
respect to the asbestos-related impairment; or
  • Of the death of the exposed person having an
asbestos-related impairment.
The bill states that an asbestos action arising out of a nonmalignant
condition is a distinct cause of action from an action for an
asbestos-related cancer. Damages shall not be awarded in an asbestos
action based upon the plaintiff's fear of or increased risk for future
disease.

Comment
Hearing Date
StatusSenate Second Reading Lost - No Amendments (02/22/2017)
Fiscal NotesFiscal Notes (06/13/2017)

Bill: SB17-097
Title: Vacated Alleys Presume Included In All Deeds
Position
House SponsorsJ. Coleman (D)
Senate SponsorsB. Martinez Humenik (R)
House CommitteeLocal Government
Senate CommitteeJudiciary
Official Summary

Under current law, a conveyance by warranty deed carries the
presumption that the grantor's interest in an adjoining vacated street,
alley, or other right-of-way is included with the property whose legal
description is contained in the deed. However, this presumption does not
apply to other types of deeds or to a lease, mortgage, or other conveyance
or encumbrance.
The bill removes the language containing the presumption from
the warranty deed statute and relocates it, with amendments, so as to
broaden the application of the presumption of conveyance of an adjoining
vacated right-of-way to include not only warranty deeds but also all forms
of deeds, leases, and mortgages and other liens.

Comment
Hearing Date
StatusGovernor Signed (04/06/2017)
Fiscal NotesFiscal Notes (07/10/2017)

Bill: SB17-098
Title: Mobile Home Parks
Position
House SponsorsJ. Ginal (D)
Senate SponsorsJ. Kefalas (D)
House Committee
Senate CommitteeState, Veterans, and Military Affairs
Official Summary

Notice of sale of a mobile home park. Where the home owners
within a mobile home park (park) have formed either a homeowners'
association or a cooperative, section 2 of the bill specifies that, not less
than 30 days nor more than one year prior to, an owner of a park either
entering into a written listing agreement for the sale of the park or making
an offer to sell the park to any party must provide written notice to the
president, secretary, and treasurer of any homeowners' association or
cooperative of the owner's intention to sell the park. The bill specifies
certain circumstances in which the park owner is not required to satisfy
these notice requirements.
During the notice period required by the bill, the owner or
management of the park may consider any offer to purchase the park that
has been made by a homeowners' association or cooperative of such home
owners as long as the association or cooperative is open to all home
owners. The owner of the park may consider any reasonable offer made
by an association or cooperative representing the home owners and
negotiate in good faith with them. If an agreement to purchase the
community is reached during the notice period specified in the bill, the
association or cooperative has a reasonable time beyond the expiration of
such period, if necessary, to obtain financing for the purchase. The bill
explicitly specifies that these provisions do not give any home owner or
group of home owners within a park any right of first refusal.
Terms of written rental agreement. Section 3 permits a written
rental agreement for a tenancy in a park to contain a clause that
encourages the use of mediation or another form of alternative dispute
resolution to resolve any controversy by or among owners, management,
and home owners within parks.
Alternative dispute resolution. In any controversy between
management and a home owner of a park arising out of the bill, except for
the nonpayment of rent or in cases in which the health or safety of other
home owners is in imminent danger, section 4 permits the parties to
submit the dispute to another form of alternative dispute resolution in
addition to mediation prior to the filing of a forcible entry and detainer
lawsuit. The choice of alternative dispute resolution methods is dependent
upon agreement of the parties.
Under section 4, the general assembly also encourages the owners
and management of parks and home owners within such parks to make
use of the state office of dispute resolution to resolve any controversy by
or among them in addition to local government agencies and
community-based nonprofit organizations that are created and empowered
to mediate disputes between or among the owners and management of
parks and home owners within such parks.
Subtraction of gain from sale of park from calculation of
federal taxable income for state income tax purposes. For income tax
years commencing on or after January 1, 2018, section 5 subtracts from
federal taxable income the following amount of the gain recognized from
the sale or exchange of a park where the party purchasing the park is a
county, municipality, local housing authority, nonprofit corporation,
homeowners' association, or a cooperative:
  • 100% of the recognized gain for a mobile home park with
50 or fewer lots; and
  • 50% of the recognized gain for a mobile home park with
more than 50 lots.
Encouragement of the preservation and development of mobile
and manufactured home parks through county and municipal master
plans.
Recognizing the importance of manufactured housing as an option
for many households, under sections 6 and 7, counties and
municipalities, as applicable, are required to encourage through either
their master plans or other land use or planning documents adopted by the
particular governmental body the preservation of existing parks and the
development of new manufactured home parks within their territorial
boundaries, including increasing opportunities for parks that are owned
by the owners of homes within the park. Whenever an existing park is
located in a hazardous area, the county or municipality, as applicable, is
required to make every reasonable effort to reduce or eliminate the
hazard, when feasible, or to help mitigate the loss of housing through the
relocation of affected households.

Comment
Hearing Date
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/13/2017)
Fiscal NotesFiscal Notes (06/15/2017)

Bill: SB17-127
Title: Originator Exemption Mortgages To Family Members
Position
House SponsorsD. Pabon (D)
Senate SponsorsJ. Tate (R)
House CommitteeBusiness, Affairs & Labor
Senate CommitteeBusiness, Labor and Technology
Official Summary

Current law defines a mortgage loan originator as an individual
who offers or negotiates terms of a residential mortgage loan, including
to any family member, but there is an exemption for a parent who acts as
a loan originator in providing loan financing to his or her child. The bill
expands the exemption to include up to 3 loans per year without
compensation, other than interest, between family members, and directs
the board of mortgage loan originators to define family member by rule.

Comment
Hearing Date
StatusGovernor Signed (03/16/2017)
Fiscal NotesFiscal Notes (07/25/2017)

Bill: SB17-156
Title: Homeowners' Association Construction Defect Lawsuit Approval Timelines
Position
House SponsorsL. Saine (R)
C. Wist (R)
Senate SponsorsO. Hill (R)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeBusiness, Labor and Technology
Official Summary

The bill states that when the governing documents of a common
interest community require mediation or arbitration of a construction
defect claim and the requirement is later amended or removed, mediation
or arbitration is still required for a construction defect claim. These
provisions are in section 3 of the bill. Section 3 also specifies that the
mediation or arbitration must take place in the judicial district in which
the community is located and that the arbitrator must:
  • Be a neutral third party;
  • Make certain disclosures before being selected; and
  • Be selected as specified in the common interest
community's governing documents or, if not so specified,
in accordance with applicable state or federal laws
governing mediation or arbitration.
Section 1 of the bill specifies that, in the arbitration of a
construction defect action, the arbitrator is required to follow the
substantive law of Colorado with regard to any applicable claim or
defense and any remedy granted, and a failure to do so is grounds for a
district court to vacate or refuse to confirm the arbitrator's award.
Section 4 of the bill requires that, before a construction defect
claim is filed on behalf of the association:
  • The parties must submit the matter to mediation before a
neutral third party; and
  • The board must give advance notice to all unit owners,
together with a disclosure of the projected costs, duration,
and financial impact of the construction defect claim, and
must obtain the written consent of the owners of units to
which at least a majority of the votes in the association are
allocated.
Section 5 of the bill adds to the disclosures required prior to the
purchase and sale of property in a common interest community a notice
that the community's governing documents may require binding
arbitration of certain disputes.

Comment
Hearing Date
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/20/2017)
Fiscal NotesFiscal Notes (02/16/2017)

Bill: SB17-157
Title: Construction Defect Actions Notice Vote Approval
Position
House SponsorsJ. Melton (D)
Senate SponsorsA. Williams (D)
House Committee
Senate CommitteeBusiness, Labor and Technology
Official Summary

The bill requires that, before the executive board of a unit owners'
association (HOA) in a common interest community brings suit against
a developer or builder on behalf of unit owners, the board must:
  • Notify all unit owners; and
  • Except when the HOA contracted with the developer or
builder for the work complained of or the amount in
controversy is less than $100,000, obtain the approval of a
majority of the unit owners after giving them detailed
disclosures about the lawsuit and its potential costs and
benefits.
The bill also limits the amount and type of contact that a developer
or builder that is potentially subject to a lawsuit may have with individual
unit owners while the HOA is seeking their approval for the lawsuit.

Comment
Hearing Date
StatusSenate Committee on Business, Labor, & Technology Postpone Indefinitely (03/13/2017)
Fiscal NotesFiscal Notes (08/30/2017)

Bill: SB17-215
Title: Sunset Licensed Real Estate Brokers & Subdivision Developers
Position
House SponsorsM. Gray (D)
Senate SponsorsK. Priola (R)
House CommitteeBusiness, Affairs & Labor
Senate CommitteeBusiness, Labor and Technology
Official Summary

Sunset Process - Senate Business, Labor, and Technology
Committee. Sections 1 through 4 of the bill continue the division of real
estate, the real estate commission, and the regulation of real estate brokers
and subdivision developers for 9 years, until 2026.
Sections 5 and 6 specifically identify, and create a license
endorsement for, brokers who act as property managers, including
prescribed education and financial surety as conditions for the
endorsement.
Section 7 directs the real estate commission (commission) to
establish, by rule, the number of transactions that a broker must have
completed before becoming an employing broker.
Section 12 amends the current provisions on referral fees to
conform to the requirements of federal law.
Sections 10 and 13 through 20 consolidate the various cash funds
used for several licensing functions and programs administered by the
division of real estate into a single cash fund.
Section 9 makes broker licenses expire uniformly on December 31
rather than requiring licensees to apply for renewal at various times
throughout the year on their individual anniversary dates.
Section 11 defines conviction to include deferred judgments and
deferred sentences, in provisions listing factors the commission may
consider when determining whether to discipline a licensee.
Section 8 modifies the composition of the commission to require
that one of the 3 broker members be a broker with experience and an
active practice in property management.

Comment
Hearing Date
StatusGovernor Signed (06/01/2017)
Fiscal NotesFiscal Notes (08/22/2017)
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