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h_jud_2018a_2018-03-15t13:32:11z0 Hearing Summary




PUBLIC
BILL SUMMARY For HB18-1262

HOUSE COMMITTEE ON JUDICIARY
Date Mar 15, 2018      
Location HCR 0112



HB18-1262 - Committee Discussion Only


01:32:23 PM  

Representatives Jackson and Roberts, co-prime sponsors, presented House Bill 18-1262, concerning the "Arbitration Services Provider Transparency Act".  Representative Jackson explained the effect of the bill and discussed its need.  Representative Roberts provided additional explanation of the bill. Representative Roberts responded to questions regarding the timing of the provision of information during arbitration proceedings.  Discussion ensued regarding amendment L.001 (Attachment A).

01:41:58 PM  

Mr. David Seligman, representing Towards Justice, testified in support of the bill. Mr. Seligman explained that HB 18-1262 is based on laws in other states, and provides for transparency. He provided background on arbitration laws, and discussed preemption in arbitration. Mr. Seligman responded to questions regarding certain arbitration regulations, and the effect of arbitration laws similar to HB 18-1262 passed in other states. Mr. Seligman responded to further questions regarding his interactions with arbitrators in Colorado, and the interplay between HB 18-1262 and the Uniform Arbitration Act. Discussion ensued regarding arbitration agreements built into contracts, and the amount of time it may take arbitrators to compile the information required to be reported by HB 18-1262. Discussion followed regarding the effect of the bill on arbitration fees, and the bill's enforcement measures.

02:02:52 PM  
Discussion continued regarding available remedies under HB 18-1262. Discussion ensued regarding the impact of the bill on "repeat player bias", and what constitutes forced arbitration. Mr. Seligman discussed the need to update arbitration laws, and responded to questions regarding arbitration language in employee handbooks.
02:16:48 PM  
Ms. Maya Mintzer, representing herself, testified in support of the bill. Ms. Mintzer related the circumstances of her father's recent hospitalization, and discussed the arbitration agreement that the hospital attempted to impose. Ms. Mintzer responded to questions regarding the conditions under which the arbitration agreement was offered.
02:22:04 PM  

Ms. Michelle Webster, representing the Colorado Center on Law and Policy, testified in support of HB 18-1262. She discussed arbitration in the context of employment, and related benefits of the bill.  Ms. Webster responded to questions regarding how employment arbitration is biased against employees.

02:31:32 PM  

Ms. Regina Jones, representing the NAACP, testified in support of HB 18-1262.  She discussed the arbitration agreement associated with her employment, and other arbitration agreements binding on her family.  She discussed the need for transparency.  The committee recessed.