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March 28, 2024 HB 24-1294
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 5, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0093
Rep. Boesenecker; Velasco
Sen. Cutter
Date:
Bill Status:
Fiscal Analyst:
March 28, 2024
House Appropriations
Brendan Fung | 303-866-4781
brendan.fung@coleg.gov
Bill Topic: MOBILE HOMES IN MOBILE HOME PARKS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill adds various new protections and requirements to the Mobile Home Park Act,
including allowing the Attorney General to bring actions regarding rent-to-own
contract violations. It increases state revenue and expenditures starting in FY 2024-25.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $40,966 to the Department of
Local Affairs.
Fiscal Note
Status:
This revised fiscal note reflects the introduced bill, as amended by the House
Transportation, Housing, and Local Government Committee.
Table 1
State Fiscal Impacts Under HB 24-1294
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue Cash Funds $1,128 $1,128
Expenditures Cash Funds $40,966 $40,966
Total FTE 0.2 FTE 0.2 FTE
Transfers - -
Other Budget Impacts TABOR Refund $1,128 $1,128
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March 28, 2024 HB 24-1294
Summary of Legislation
The bill modifies the Mobile Home Park Act, including owner and landlord responsibilities,
tenancy and rent protections, secondary language accessibility, tenant health requirements, and
the conditions of the sale for mobile homes and parks. The bill also establishes provisions for
rent-to-own contracts and rights.
Additionally, the bill authorizes the Attorney General to initiate civil and criminal actions to
enforce the rent-to-own mobile home contract requirements.
Background and Assumptions
The Division of Housing in the Department of Local Affairs (DOLA) administers the Mobile Home
Park Oversight Program (MHPOP), which resolves disputes and enforces the Mobile Home Park
Act provisions. MHPOP ensures compliance between park landlords, owners, and tenants,
conducts educational outreach initiatives, and registers mobile home parks in the state.
State Revenue
Starting in FY 2024-25, the bill increases state cash fund revenue by about $1,000 per year to the
Mobile Home Park Act Dispute Resolution and Enforcement Program Fund in DOLA from the
addition of previously exempt parks to regulatory oversight. The bill may also minimally increase
state revenue to the Judicial Department. These impacts are shown in Table 2 and discussed in
more detail below.
Table 2
Annual Fee Impact on Mobile Home Parks
Type of Fee Current Fee Units Affected Total Fee Impact
Additional Park Registrations $24 47 $1,128
Fee impact on mobile home parks. Colorado law requires legislative service agency review of
measures which create or increase any fee collected by a state agency. The bill is expected to
increase the number of mobile home parks that are required to pay the current annual
registration fee. Costs of the bill can be absorbed without raising the current fee based on
existing resources in the Mobile Home Park Act Dispute Resolution and Enforcement Program
Fund, although DOLA may need to adjust the fee in future years depending on program costs,
fund balance, and the number of mobile home parks subject to the fee.
Filing fees. Starting in FY 2024-25, revenue may minimally increase to the Judicial Department
from an increase in case filing fees to the extent that mobile home park landlords and owners
violate provisions. Overall, it is assumed that landlords and owners will comply with the new
requirements. Revenue from fees is subject to TABOR.
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March 28, 2024 HB 24-1294
State Expenditures
The bill increases state expenditures in DOLA by about $41,000 beginning in FY 2024-25, paid
from the Mobile Home Park Act Dispute Resolution and Enforcement Program Fund. Workload
will also minimally increase in various state departments, as detailed below.
Department of Local Affairs. Starting in FY 2024-25, DOLA requires 320 hours of legal services
for rulemaking and representation to address complaints concerning rent increases, eviction
proceedings, and park sales, which equates to 0.2 FTE. Legal services are provided by the
Department of Law at a rate of $128.02 per hour.
Judicial Department. Starting in FY 2024-25, trial courts in the Judicial Department may
experience an increase in workload to adjudicate civil cases or appeals related to expanded
landlord obligations, Forcible Entry and Detainer (FED), and enforcement by the Attorney
General. The fiscal note assumes that any increase will be minimal.
Department of Personnel and Administration. The bill may increase workload starting in
FY 2024-25 for administrative law judges in the Office of Administrative Courts to hear cases
referred by DOLA for mobile home park violations. This workload is expected to be minimal and
no change in appropriations is required.
Department of Law. Workload in the Department of Law will minimally increase to the extent
additional enforcement actions are taken by the Attorney General. The department will prioritize
these actions within the overall scope of its duties and available resources. No change in
appropriations is required.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs
associated with this bill are addressed through the annual budget process and centrally
appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These
costs, which include employee insurance and supplemental employee retirement payments, are
shown in Table 3.
Other Budget Impacts
TABOR refunds. The bill is expected to increase the amount of state revenue required to be
refunded to taxpayers by the amounts shown in the State Revenue section above. This estimate
assumes the December 2023 LCS revenue forecast. A forecast of state revenue subject to TABOR
is not available beyond FY 2025-26. Because TABOR refunds are paid from the General Fund,
increased cash fund revenue will reduce the amount of General Fund available to spend or save.
Effective Date
The bill takes effect on June 30, 2024, except that certain sections and provisions take effect
upon signature of the Governor or upon becoming law without his signature. The bill applies to
rent-to-own mobile home contracts formed on or after June 30, 2024. Page 4
March 28, 2024 HB 24-1294
State Appropriations
For FY 2024-25, the bill requires an appropriation of $40,966 from the Mobile Home Park Act
Dispute Resolution and Enforcement Program Fund to the Department of Local Affairs, all of
which is reappropriated to the Department of Law with 0.2 FTE.
State and Local Government Contacts
Counties Judicial Law
Local Affairs Personnel Public Health and Environment
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.