Capitol Connection: April 10, 2015
HB 1343 HOA Manager Licensing Reform
HB15-1343, Streamline HOA Manager Licensing Requirements, by Representative Angela Williams (D-Denver) and Senator Nancy Todd (D-Aurora), was SUPPORTED today by the Legislative Policy Committee (LPC). The primary motivation for REALTORS® desiring to amend the HOA manager licensing law is to exclude from licensure any CEOs, managing brokers or other brokerage executives that do not perform nor directly supervise any employee responsible for HOA management. As the statute currently holds, these positions do have to become licensed. Moreover, we believe it is unnecessary for an entity’s support staffs, who work under the supervision of a designated manager, to be licensed for performing their tasks and the bill would exempt them from licensure.
Further, we are trying to limit the number of individuals in a self-managed HOA from having to be licensed. Self-managed HOAs that do not provide any compensation for individuals that perform “management” tasks will not need to worry about licensure. However, if any sort of compensation is being given to individuals performing those duties, then the threshold for licensure would kick in for those that perform management tasks. “Independent contractors” who perform only clerical, ministerial, accounting or maintenance functions would not meet the threshold for performing management duties and thusly would not require licensure.
This bill meets these needs, and is calendared in the House Business Affairs and Labor Committee Thursday, April 16th.
HB 1342 Personnel Files Accessibility
The LPC took a NEUTRAL position on HB15-1342, Personnel File Right of Inspection, by Representative Joe Salazar (D-Thornton). The bill allows a current or former employee to make a written request to inspect or request copies of his or her personnel file from his or her private-sector employer. The employer must comply within 30 days of the request. The state of Colorado, state political subdivisions, and financial institutions are exempt from this requirement. If the inspection occurs in person, it must take place during regular business hours at a location at or near the employer’s offices. If copies are mailed to the employee, the employer must certify in writing the accuracy of the copies and the employee may be required to pay reasonable duplication costs.
The LPC agrees that employees should have access to their personnel files, however this bill is broad with very few parameters in place. The bill has no time limit on how far back you must keep employee files in order to be in compliance, and it imposes very strict penalties if you do not comply.
SCR 002 Constitutional Ballot Initiatives
LPC is SUPPORTING SCR15-002, Ballot Procedure Citizen-Initiated Amendments, by Senator Roberts (R-Durango) and Senator Steadman (D-Denver). To help protect our state Constitution, this measure would establish a two-tier, two-year process for approval of amendments. The following three steps would be required to successfully amend the Constitution:
- Constitutional measures would be placed on an even-year General Election ballot after title setting and signature requirements are met. This vote would authorize the measure for further review and a final vote at the following odd-year election.
- If authorized by voters, Legislative Council would conduct at least one public hearing in each Congressional District on the policy, fiscal and administrative impacts of the proposed amendment.
- Lastly, a vote on the next General Election ballot in the odd year would be held for final approval by Colorado voters.
SCR 002 would NOT change the process to:
- Repeal Constitutional initiatives and amendments approved by voters before 2015.
- Petition and vote for a Statutory change to Colorado law by citizen initiative.
The LPC believes the Colorado Constitution is our state’s most important governing document, and therefore warrants a more thorough vetting process berfore it is amended.
NAR REALTORS® Legislative Meetings and Trade Expo REGISTRATION OPEN
The REALTORS® Legislative Meetings and Trade Expo is taking place May 11-16, 2015 in Washington, D.C. We will be scheduling meetings with the Colorado delegation, and you don’t want to miss out! Register here today.
Racing with RPAC event at Spring Meetings
Racing with RPAC will take place April 21, 2015 6PM – 8PM. This fundraising event, hosted by CYPN, will be held at Johnny Martin’s Car Central in Colorado Springs and is open to all members. $50 RPAC investment required for entry and includes 1 drink ticket, appetizers, and games. Additional racing simulation games will be available for an additional RPAC investment. For more information or to register, please click here.