S_BLT_2016A 02/10/2016 02:01:08 PM Committee Summary

02:01 PM -- SB 16-082



Senator Carroll introduced Senate Bill 16-082, concerning Homeowner Association (HOA) whistleblower protection. The bill prohibits an HOA, a unit owner, or a person acting on behalf of an HOA or unit owner from retaliating or discriminating against another unit owner who reports or files a complaint or cooperates with an investigation of a complaint about a violation of state law or HOA bylaws. The bill also allows a unit owner to bring a civil action alleging a violation of the law. Senator Carroll provided a handout to the committee (Attachment A).



160210 AttachA.pdf



02:06 PM -- Marianne Piech, representing herself, spoke in support of the bill. She responded to questions from the committee.



02:11 PM -- Peter Wien, representing himself, spoke in support of the bill. He responded to questions from the committee.



02:21 PM -- Lori Smith, representing herself, spoke in support of the bill. She responded to questions from the committee.



02:29 PM -- John Reed, representing himself, spoke in support of the bill.



02:32 PM -- Constance Rohrer, representing herself, spoke in support of the bill.



02:36 PM -- Scott Peterson, Colorado Association of Realtors, spoke in opposition to the bill. He responded to questions from the committee.







02:47 PM -- Molly Foley-Healy, Community Associations Institute, spoke in opposition to the bill as currently drafted.





02:57 PM



Senator Carroll responded to comments from the committee. Senator Holbert indicated that the bill is being laid over for action at a later date.03:05 PM -- SB 16-076



Senator Ulibarri introduced Senate Bill 16-076 concerning repealing certain employment verification standards. This bill eliminates current employment verification standards that:

• require each employer in Colorado to attest within 20 days that it has verified the legal work status of each employee, has not altered or falsified employee identification documents, and has not knowingly hired an unauthorized alien;
• require each employer in Colorado to submit documentation to the director of the Division of Labor in the Colorado Department of Labor and Employment (CDLE) that demonstrates that the employer is in compliance with federal employment verification requirements;
• authorize the CDLE to conduct random audits of employers to ensure compliance with federal employment verification requirements;
• require the CDLE to request documentation upon receipt of a valid complaint that an employer is non-compliant with federal employment verification laws; and
• fine an employer for failing to provide required documentation or for providing fraudulent documentation.

03:06 PM -- Mary Kraft, Colorado Livestock Association, spoke in support of the bill. She responded to questions from the committee. Senator Ulibarri also responded to questions from the committee.



03:10 PM -- Nick Hoover, Colorado Restaurant Association, spoke in support of the bill. He responded to questions from the committee.



03:16 PM -- Patrick Teegarden, Colorado Department of Labor and Employment, responded to questions from the committee.



03:20 PM -- Nicholas Colglazier, Colorado Competitive Council, spoke in support of the bill.



03:21 PM -- Yelana Love, Office of Legislative Legal Services, responded to questions from the committee.



03:24 PM



Senator Ulibarri responded to questions from the committee.



03:25 PM -- Mr. Teegarden returned to the table to respond to additional questions from the committee.



03:35 PM



Senator Ulibarri responded to comments from the committee.



03:36 PM



Senator Holbert laid the bill over for further information and action at another time.









03:44 PM -- SB 16-070



Senator Neville introduced Senate Bill 16-070, concerning prohibiting discrimination based on labor union participation. This bill prohibits an employer from requiring employee membership in a labor organization as a condition of employment or from requiring employees to pay dues or fees to a labor organization, charity, or other third party. Standing agreements that violate these prohibitions are made void. The bill also defines all-union agreements as unfair labor practices. Violations by employers are considered unclassified misdemeanors and are subject to civil and criminal penalties of a fine up to $1,000, imprisonment in county jail for up to 90 days, or both. Civil remedies include all damages and attorney fees resulting from the violation. The attorney general or the district attorney of each judicial district is responsible for investigating complaints and taking actions to enforce the statute. Federal employers and employees, as well as those covered by the Railway Labor Act, are exempt from the bill. Senator Neville provided two handouts to the committee (Attachments B and C).



160210 AttachB.pdf160210 AttachC.pdf



03:48 PM -- Ray Hogler, AFL-CIO, spoke in opposition to the bill. He responded to questions from the committee.



03:57 PM -- Steve Clapham, Colorado Professional Firefighters, spoke in opposition to the bill.



03:58 PM -- Jeff Cotton, Pipefitters Local Union 208, spoke in opposition to the bill.



04:01 PM -- John Soper, representing himself, spoke in opposition to the bill. He responded to comments from the committee.



04:04 PM -- Jake Peneton, Pipefitters Local Union 208, spoke in opposition to the bill.



04:07 PM -- Ed Knox, representing himself, spoke in opposition to the bill.



04:09 PM -- Luis Castillo, Service Employees International Union (SEIU) Local 105, spoke in opposition to the bill.



04:12 PM -- Terry Sosnowski, SEIU Local 105, spoke in opposition to the bill.



04:13 PM -- Mark Latimer, Associated Builders and Contractors Rocky Mountain Chapter, spoke in support of the bill. He responded to comments from the committee.



04:24 PM -- Mike Donahue, National Federation of Independent Businesses, spoke in support of the bill.





04:33 PM



Senator Neville responded to questions from the committee.

04:46 PM



The committee adjourned.