8FC3106FDCD8541787258251007266BF Hearing Summary

The committee recessed.

The committee returned to order. The committee returned to considering HB 18-1262. Ms. Anne Meier, State Long-term Care Ombudsman, testified in support of the bill. Ms. Meier responded to questions regarding the frequency with which health care-related arbitration issues arise. She discussed the utility of arbitration, and supported transparency for consumers.

Ms. Christina James, representing 9to5, testified in support of the bill. Ms. James discussed sexual harassment in a former workplace, and the use of mediation and arbitration for sexual harassment complaints. Ms. Jones responded to questions regarding the conflict between a nondisclosure agreement and HB 18-1262.

Ms. Peg Perl, representing the Women's Lobby of Colorado, testified in support of the bill. She discussed the use of arbitration clauses in employment contracts, to include the mandated use of arbitration in civil rights cases. She spoke in support of oversight and transparency, as enabled by the bill.

Ms. Alma Jones and Mr. Sean Dormer, representing the Colorado Trial Lawyer's Association, testified in support of the bill. Ms. Jones related her experiences in suing a health insurance company over an automobile settlement, and discussed the need for more transparency in such cases. Mr. Dormer provided further details on the case, and supported the transparency elements of HB 18-1262. Mr. Dormer addressed questions raised during earlier testimony. He explained how the bill would improve the arbitration process. Mr. Dormer responded to questions regarding the details of Ms. Jones' case.

Mr. Dan Katz, representing COPIRG, testified in support of the bill. Mr. Katz discussed the increased use of arbitration, and the need to boost transparency. Mr. Katz responded to questions regarding the source of the increased use of arbitration clauses, and the types of arbitration information disclosed in states that have adopted laws similar to HB 18-1262.

Mr. Scott Wilkinson, representing the Colorado Association of Home Builders, testified in opposition to the bill. Mr. Wilkinson discussed the potential unintended consequences of the bill's reporting requirements, and explained how the bill would abrogate an arbitration-related court decision. Discussion ensued regarding a provision in HB 18-1261 that allows disqualification of an arbitrator. Discussion returned to the previously referenced court decision.

Mr. Daniel Combs, representing the Colorado Association of Commerce and Industry, the Colorado Civil Justice League, and the Denver Metro Chamber of Commerce, testified in opposition to HB 18-1262. Mr. Combs explained how the current arbitration system is fair and transparent, and discussed the potential for the bill to negatively impact the civil justice system. Discussion ensued regarding an amendment that may address one of Mr. Combs' concerns. Discussion followed regarding preemption issues created by the bill. Discussion turned to how information about arbitrators is disseminated under current law.

Mr. Kenneth Bennington, representing JAMS, testified in opposition to HB 18-1262. Mr. Bennington discussed the processes observed by his firm, and the timing of injunctive relief. He also discussed a deficit of arbitrators, and registered some concerns with HB 18-1261. Mr. Bennington responded to questions regarding the qualifications and ethical guidelines that arbitrators must meet, and the burdens that would be placed on his firm by HB 18-1262.

Ms. Marianne Lizza-Irwin, representing the Colorado Bar Association, testified on HB 18-1262, explaining some amendments that would benefit the bill. She also expressed some concerns with the bill. Ms. Lizza-Irwin responded to questions regarding the number of arbitration cases that have been resolved in the last five years in Colorado. Discussion ensued on this point, and on forthcoming amendments that may address the Colorado Bar Association's concerns.

Mr. Scott Guthmann, representing the AFL-CIO, testified in support of the bill. Mr. Guthmann discussed an arbitration agreement that a national bank required of its customers, and explained how the bill will improve transparency in arbitration matters.

Mr. Adam Fung, representing the AFL-CIO, testified in support of HB 18-1262. Mr. Fung discussed the case of the national bank alluded to by Mr. Guthmann, and lent his support to HB 18-1261.

Mr. Barry Roseman, representing the National Employment Lawyers Association, testified in support of HB 18-1262. He addressed issues raised during earlier testimony, and lent his support to HB 18-1261. Mr. Roseman responded to questions regarding the use of arbitration with certain fee stipulations, and certain concerns raised by the Colorado Bar Association on the bill.

Discussion ensued regarding amendment L.001.

Representative Roberts explained the effect of amendment L.002 (Attachment C).

Various committee members provided their positions on HB 18-1262. Representatives Jackson and Roberts provided closing remarks in support of the bill.