Capitol Connection – Feb. 28, 2020
LPC Positions Updated to Comply with New SOS Lobbyist Disclosure Requirements
CAR’s Legislative Policy Committee has recently updated their bill positions to include “Amend” as an option in lieu of “Neutral” to comply with Lobbyist Disclosure Requirements set by the Secretary of State. CAR may utilize the following positions when taking an official stance on legislation:
Support: CAR is currently in agreement with the legislation in its entirety and will promote the passage of the bill.
NEW: Amend (Previously Neutral): CAR is currently working on amending the bill with the sponsors and other interested parties.
Oppose: CAR is currently working against the legislation in its entirety and will oppose the passage of the bill.
Monitor: CAR is currently keeping this legislation on the watch list, but no action is being taken.
Letter to the Bill Sponsors – Mill Levy Equalization Bill Draft
CAR recently sent a letter to the bill sponsors of the proposed mill levy equalization bill draft on behalf of residential and commercial Realtors® voicing the following concerns about increasing property taxes:
1.) It could exacerbate the affordable housing problem our state is currently facing. Property taxes are tied into the mortgage in terms of how they are paid in practice. The lender calculates a monthly mortgage payment, including local property taxes paid into an escrow account. The more you increase local property taxes, the more difficult it becomes for many consumers to acquire manageable monthly payments to be able to afford homeownership. It also could increase the length of time in your loan and cause consumers to pay more in interest over the life of their loan.
2.) The legislation does not take into account the full tax burden of local communities such as special districts. It treats education funding in a vacuum when dictating to communities and threatening to cut education funding.
3.) There is no guarantee the bill could be written to allow the redistribution of funding to remain in the education budget and not be swept by the General Assembly for non-education purposes, especially in the time of budget shortfalls as we have seen in recent times.
Update – HB20-1009: Suppressing Court Records of Eviction Proceedings (LPC Position: Amend)
Rep. Jackson (D-Aurora) and Sen. Winter (D-Westminster)
Summary: HB-1009 changes existing law by making a distinction between a filing for eviction and an eviction judgment that results in a conviction. The bill requires a court to suppress records, such as the names of those involved, unless both parties agree to make them public in the case where there is a filing but not a ruling for eviction. If a plaintiff is granted possession of the premises, then the court record would become public unless both parties agree that the record should stay sealed.
Status: Earlier this week, the bill was heard in the Senate Judiciary Committee and passed unanimously. Next, it will be heard on the Senate Floor.
Postponed Indefinitely – HB20-1141: Fees Charged to Tenants by Landlords (LPC Position: Amend)
Rep. Caraveo (D-Thornton), Rep. Gonzales-Gutierrez (D-Denver), and Sen. Gonzales (D-Denver)
Summary: HB-1141 prohibits a residential property manager or landlord of a mobile home park from charging a tenant a late fee for late payment of rent unless the rent payment is late by at least 14 calendar days or charging a late fee in an amount that exceeds $20 or 3% of the tenant’s or home owner’s monthly rent or 3% of the amount of the rent that has not been paid. Additionally, the proposed legislation would prevent the initiation of eviction procedures as a result of the tenant’s failure to pay late fees. A landlord could not charge a late fee more than once per late rent violation or charge interest on the late fee imposed. Finally, any amount of the late fee would not be allowed to be taken from a rent payment but instead from a security deposit.
Status: CAR worked with the bill sponsors to amend the bill to address concerns voice by CAR members; however, the bill was postponed indefinitely in its first committee of jurisdiction on Feb. 28th.
Postponed Indefinitely – HB20-1096: Authorize Protected Series of Limited Liability Company
Rep. Baisley (R-Roxborough Park), Sen. Sonnenberg (R-Sterling), and Sen. Woodward (R-Loveland)
Summary: In 2017 the Uniform Law Commission put forward the Uniform Protected Series Act (UPSA) due to the increased popularity of series limited liability companies across the country, known as series LLCs. HB-1096 enacts the UPSA effective January 1, 2021 and authorizes the creation of a series LLC which is composed of at least one protected series. If the UPSA’s requirements are met, the assets of a protected series in a series LLC cannot be used to satisfy a creditor claim against any other protected series in the series LLC or the series LLC itself.
Status: The bill was heard in its first committee of jurisdiction on Feb. 27th where the bill sponsor asked that the bill be postponed indefinitely.
Presidential Primary: Turn in your ballots by 7 p.m. on March 3rd
Colorado is joining more than a dozen states for Super Tuesday, marking the first time since 2000 that we get to vote in a presidential primary. Ballots are due by 7 p.m. on March 3. Click here to find out where you can drop off your primary ballot.
If you are unaffiliated, you should have received two ballots-one for Republican candidates and another for Democratic candidates. However, similar to our statewide primaries, you can only return one ballot. If you submit both, neither ballot will be counted.
Play a Key Role in CAR’s Legislative Advocacy Efforts
To assist CAR’s legislative advocacy efforts, CAR has created a grasstops lobbyist network to establish one REALTOR® as a Key Contact for each Colorado State Legislator. Key Contacts will be activated and called upon at strategic moments to help influence state legislators on issues impacting the Colorado Association of REALTORS®. Click here to become a Key Contact today.
Investing in RPAC is an Investment in Your Business
The purpose of RPAC is to support candidates that support REALTOR® Party issues to elect pro-REALTOR® candidates at the local, state, and federal levels-candidates that share our support for homeownership and the protection of property rights. Investing in RPAC is one of the easiest things you can do to protect your business. Contact chill@coloradorealtors.com to make your investment today.
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