Amendment vs bill Committee Amendment vs Engrossed

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First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
HB1236_S_LGH.001 SENATE COMMITTEE OF REFERENCE REPORT _______________________________ April 17, 2025 Chair of Committee Date Committee on Local Government & Housing .
25-0822.01 Yelana Love x2295 HOUSE BILL 25-1236 HOUSE SPONSORSHIP Lindsay, SENATE SPONSORSHIP Weissman, House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNINGTHESCREENINGOFAPROSPECTIVERESIDENTIALTENANT BY A LANDLORD .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
HB25-1236 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill amends the definition of a "portable tenant screening report" (screening report) to specify that a prospective tenant using a housing subsidyis not required to include a credit historyreport, a credit score, or an adverse credit event with the tenant's screening report.
Amend reengrossed bill, page 2, strike lines 19 and 20 and substitute "CREDIT HISTORY REPORT ,A CREDIT SCORE ,OR AN ADVERSE CREDIT EVENT IS NOT REQUIRED TO BE".
The bill repeals language allowing a landlord to require a tenant i 5 to make a screening report directly available to the landlord through a a 2 S R 0 O n 2 Shading denotes HOUSE amendment.
Page 3, lines 4 and 5, strike "amend (1)(c)(II) and (1.5)(b)(I);
Double underlining denotes SENATE amendment.
and".
H 2 r Capital letters or bold & italic numbers indicate new material to be added to existing daw.
Page 3, strike lines 8 through 20 and substitute "denial notice.
Dashes through the words or numbers indicate deletions from existing law.
(1.5) (b) A landlord receiving a portable tenant screening report".
e m A consumer reporting agency or third-party website.
Page 3, strike lines 22 and 23.
Currentlawprohibitsa landlord frominquiringintoaprospective tenant'sadversecreditevent.Thebilldefines"adversecreditevent"asan eventthatcanbereflectedinaconsumercreditreportormightnegatively affectaperson'screditscore,includingpastduedelinquentrentpayments and collections.
Page 4, strike lines 4 through 13 and substitute:
The bill allows a landlord receiving a portable tenant screening report to require that the screening report was completed within the previous 60 days, which time period is increased from 30 days.
"SECTION 3.
Be it enacted by the General Assembly of the State of Colorado:
Act subject to petition - effective date - applicability.
SECTION 1.
(1) This act takes effect January 1, 2026;
In Colorado Revised Statutes, 38-12-902, amend (2.5)(e)(I) as follows:
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.".
38-12-902.
** *** ** *** **
Definitions.
As used in this part 9, unless the context otherwise requires:
(2.5) "Portable tenant screening report" or "screening report" means a consumer report prepared at the request of a prospective tenant that includes information provided by a consumer reporting agency, which report includes the following information about a prospective tenantandthedatethroughwhichtheinformationcontainedinthereport is current:
(e) For each jurisdiction indicated in the consumer report as a prior residence of the prospective tenant, regardless of whether the residence is reported by the prospective tenant or by the consumer reporting agency preparing the consumer report:
(I) Arentalandcredithistoryreportfortheprospectivetenantthat complies with section 38-12-904 (1)(a) concerning a landlord's consideration of a prospective tenant's rental history;PT THAT A CREDITHISTORYREPORT ,ACREDITSCORE ,ORANADVERSECREDITEVENT , AS DEFINED IN SECTION 38-12-904 (1)(c)(II)IS NOT REQUIRED TO BE -2- 1236 INCLUDED IN A PORTABLE TENANT SCREENING REPORT CONCERNING A PROSPECTIVE TENANT WHOISSEEKINGTORENTWITHTHE ASSISTANCE OF A HOUSING SUBSIDY ;
and SECTION 2.
In Colorado Revised Statutes, 38-12-904, amend (1)(c)(II) and (1.5)(b)(I);
and repeal (1.5)(b)(II) as follows:
38-12-904.
Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice.
(1) (c) If a landlord uses financial information, including rental history or credit history, as a criterion in consideration of a rental application from a prospective tenant who is seeking to rent with the assistanceof ahousingsubsidy,thelandlordshallnotconsiderorinquire about the prospective tenant's:
(II) Credit score, adverse credit event, or lack of credit score unlessthelandlordisrequiredbyfederallawtoconsideracreditscoreor alackofacreditscore.ASUSEDINTHISSUBSECTION (1)(c)(IIADVERSE CREDIT EVENT " MEANS AN EVENT THAT CAN BE REFLECTED IN A CONSUMER CREDIT REPORT AND MIGHT NEGATIVELY AFFECT A PERSON S CREDIT SCORE ,INCLUDING PAST DUE DELINQUENT RENT PAYMENTS AND COLLECTIONS .
(1.5) (b) A landlord receiving a portable tenant screening report may require:
(I) That the screening report was completed within the previous thirtySIXTYdays;
(II) That the screening report is made directly available to the landlord by the consumer reporting agency for use in the rental application process or provided through a third-party website that regularly engages in the business of providing consumer reports and -3- 1236 complies with all state and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer reporting agency;
SECTION 3.
Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the general assembly;
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the generalelectiontobe held in November 2026and,insuchcase,willtake effect on the date of the official declaration of the vote thereon by the governor.
(2) Thisactappliestorentalapplicationssubmittedonorafterthe applicable effective date of this act.
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