Amendments for SB20-211
Senate Journal, June 2
After consideration on the merits, the Committee recommends that SB20-211 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, line 14, after the period add ""DEBT" DOES
NOT INCLUDE ANY DEBT ARISING OUT OF A PAST OR PRESENT CHILD
SUPPORT OBLIGATION.".
Finance
Senate Journal, June 6
SB20-211 by Senator(s) Winter and Gonzales; --Concerning limitations on certain debt collection
actions.
Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, June 2, page 644 and placed in members' bill files.)
Amendment No. 2(L.016), by Senator Gonzales.
Amend printed bill, page 3, line 10, strike "debt".
Page 3, strike lines 18 and 19.
Page 3, line 22, strike "ONE" and substitute "ON NOVEMBER 1, 2020, A
JUDGMENT CREDITOR SHALL NOT INITIATE OR MAINTAIN A NEW
EXTRAORDINARY COLLECTION ACTION EXCEPT IN ACCORDANCE WITH THE
REQUIREMENTS OF THIS SECTION.".
Page 3, strike lines 23 and 24.
Page 3, line 25, strike "ACTION.".
Page 3, line 27, strike "ACTION." and substitute "ACTION IF THE COURT
FINDS THAT THE ACTION DOES NOT COMPLY WITH THE REQUIREMENTS OF
THIS SECTION.".
Page 4, line 8, strike "FOR UP TO AN ADDITIONAL ONE HUNDRED EIGHTY
DAYS" and substitute "THROUGH FEBRUARY 1, 2021,".
Page 4, after line 13 insert:
"(4) FOR THE DURATION OF THE PERIOD ESTABLISHED IN
SUBSECTION (2) OF THIS SECTION, AND AS IT MAY BE EXTENDED UNDER
SUBSECTION (3) OF THIS SECTION, PRIOR TO THE EXECUTION OR SERVICE
OF A WRIT OR LEGAL PROCESS INTENDED TO EFFECT AN EXTRAORDINARY
COLLECTION ACTION, THE JUDGMENT CREDITOR SHALL PROVIDE A
WRITTEN NOTICE TO THE JUDGMENT DEBTOR. THE NOTICE MUST BE SENT
TO THE JUDGMENT DEBTOR AT LEAST TEN DAYS, BUT NOT MORE THAN
SIXTY DAYS, PRIOR TO THE EXECUTION OR SERVICE OF A WRIT OR LEGAL
PROCESS INTENDED TO EFFECT THE EXTRAORDINARY COLLECTION ACTION
DURING THE DURATION OF THE PERIOD ESTABLISHED IN ACCORDANCE
WITH SUBSECTION (2) OF THIS SECTION, AND AS IT MAY BE EXTENDED
UNDER SUBSECTION (3) OF THIS SECTION.
(5) (a) (I) THE NOTICE REQUIRED BY SUBSECTION (4) OF THIS
SECTION MUST BE IN AT LEAST SIXTEEN POINT TYPE FACE, AND MUST
INCLUDE THE FOLLOWING:
"YOU HAVE THE RIGHT TO TEMPORARILY SUSPEND
THIS
COLLECTION ACTION IF YOU ARE FACING FINANCIAL
HARDSHIP DUE TO THE COVID-19 EMERGENCY.
JUDGMENT CREDITOR NAME:
JUDGMENT CREDITOR ADDRESS:
CASE NUMBER:
PHONE:
THE ABOVE JUDGMENT CREDITOR INTENDS ON EXECUTING A COLLECTION
ACTION AGAINST YOU. IF YOU HAVE EXPERIENCED FINANCIAL HARDSHIP
DUE TO THE COVID-19 EMERGENCY, DIRECTLY OR INDIRECTLY, YOU
HAVE THE RIGHT TO SUSPEND TEMPORARILY THIS EXTRAORDINARY
COLLECTION ACTION. THE SUSPENSION IS EFFECTIVE UNTIL NOVEMBER 1,
2020, OR FEBRUARY 1, 2021, IF THE STATE OF COLORADO EXTENDS THE
PERIOD OF SUSPENSION.
TO EXERCISE THIS RIGHT, YOU MUST NOTIFY THE JUDGMENT CREDITOR
THAT YOU ARE EXPERIENCING FINANCIAL HARDSHIP DUE TO THE
COVID-19 EMERGENCY. YOU CAN PROVIDE THIS NOTICE BY PHONE CALL
OR BY WRITING TO THE CREDITOR AT THE ADDRESS SHOWN IN THIS
NOTICE. YOUR NOTIFICATION TO THE JUDGMENT CREDITOR MUST INCLUDE
YOUR FULL NAME (FIRST AND LAST), THE CASE NUMBER IDENTIFIED
ABOVE AND AT LEAST ONE (1) ADDITIONAL PIECE OF THE FOLLOWING
INFORMATION: YOUR DATE OF BIRTH, SOCIAL SECURITY NUMBER,
PHYSICAL AND MAILING ADDRESSES, OR THE JUDGMENT CREDITOR'S
INTERNAL ACCOUNT NUMBER OR IDENTIFIER, IF DIFFERENT FROM THE
CASE NUMBER DESIGNATED ABOVE. YOU ARE NOT REQUIRED TO PROVIDE
DOCUMENTATION TO SUPPORT YOUR REQUEST.
NOTE: REQUESTING THE TEMPORARY SUSPENSION OF THIS
EXTRAORDINARY DEBT COLLECTION ACTION IS NOT A WAIVER OF THE
OBLIGATION TO PAY OR DEBT FORGIVENESS. INTEREST MAY CONTINUE TO
ACCRUE ON THE JUDGMENT DEBT EVEN WHILE EXTRAORDINARY
COLLECTION ACTIONS ARE SUSPENDED.
YOU MAY ENTER INTO A VOLUNTARY REPAYMENT PLAN WITH THE
JUDGMENT CREDITOR, BUT YOU ARE NOT REQUIRED TO DO SO."
(II) A NOTICE ISSUED BY A BANK TO A JUDGMENT DEBTOR MUST
ALSO INCLUDE ALL NECESSARY FEDERAL REGULATORY LANGUAGE.
(b) THE NOTICE REQUIREMENTS UNDER THIS SECTION TERMINATE
ONCE THE PERIOD PROSCRIBED IN SUBSECTION (2) OF THIS SECTION, AND
AS IT MAY BE EXTENDED UNDER SUBSECTION (3) OF THIS SECTION,
EXPIRES. THE NOTICE MUST BE SENT TO A JUDGMENT DEBTOR AT THE
DEBTOR'S LAST KNOWN ADDRESS TO THE JUDGMENT CREDITOR. AN
ADDITIONAL COPY OF THE NOTICE MUST ALSO BE SERVED WITH THE WRIT
OF GARNISHMENT. IN THE CASE OF A WRIT OF CONTINUING GARNISHMENT
FOR WAGES, THE NOTICE MUST ACCOMPANY THE WRIT SERVED UPON THE
GARNISHEE. THE FAILURE OF THE GARNISHEE OR ITS AGENT TO PROVIDE
THE NOTICE TO THE JUDGMENT DEBTOR REQUIRED BY THIS SUBSECTION
(5) DOES NOT CREATE A CAUSE OF ACTION OR REMEDY AGAINST A
JUDGMENT CREDITOR.".
Renumber succeeding subsection accordingly.
Page 4, lines 15 and 16, strike "amend (1)(e), (1)(j)(I), and (1)(j)(II)(A);
and".
Page 4, line 17, strike "definitions." and substitute "definitions -
repeal.".
Page 4, strike lines 20 through 27.
Page 5, strike lines 1 through 3 and substitute:
"(w) (I) THROUGH FEBRUARY 1, 2021, UP TO FOUR THOUSAND
DOLLARS CUMULATIVE IN A DEPOSITORY ACCOUNT OR ACCOUNTS IN THE
NAME OF THE DEBTOR.
(II) THIS SUBSECTION (1)(w) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2022.".
Page 5, strike lines 4 through 22.
Renumber succeeding sections accordingly.
Page 6, line 3, strike "Sections 3 and 4" and substitute "Section 3".
Page 6, lines 3 and 4, strike "apply to writs of garnishment, attachment,
or execution" and substitute "applies to writs of attachment or
execution".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, June 6
SB20-211 by Senator(s) Winter and Gonzales; --Concerning limitations on certain debt collection
actions.
Senator Woodward moved to amend the Report of the Committee of the Whole to show
that the following Woodward floor amendment, (L.003) to SB 20-211, did pass.
Amend printed bill, page 3, strike lines 18 and 19 and substitute:
"(c) "PERSON" MEANS A NATURAL PERSON, FIRM, CORPORATION,
LIMITED LIABILITY COMPANY, PARTNERSHIP, OR GOVERNMENT OR
GOVERNMENTAL SUBDIVISION OR AGENCY.".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 15 NO 19 EXCUSED 0 ABSENT 1
Bridges N Gardner Y Marble Y Story N
Cooke Y Ginal N Moreno N Tate Y
Coram Y Gonzales N Pettersen N Todd N
Crowder Y Hansen N Priola Y Williams A. N
Danielson N Hill A Rankin Y Winter N
Donovan N Hisey Y Rodriguez N Woodward Y
Fenberg N Holbert Y Scott Y Zenzinger N
Fields N Lee N Smallwood Y President N
Foote N Lundeen Y Sonnenberg Y
Senate Journal, June 8
SB20-211 by Senator(s) Winter and Gonzales; also Representative(s) Herod--Concerning limitations
on certain debt collection actions.
A majority of those elected to the Senate having voted in the affirmative, Senator
Gonzales was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.017), by Senator Gonzales.
Amend engrossed bill, page 7, line 23, strike "attachment" and substitute
"garnishment, attachment,".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Gardner Y Marble Y Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson Y Hill Y Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 20 NO 15 EXCUSED 0 ABSENT 0
Bridges Y Gardner N Marble N Story Y
Cooke N Ginal Y Moreno Y Tate N
Coram N Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola N Williams A. Y
Danielson Y Hill N Rankin N Winter Y
Donovan Y Hisey N Rodriguez Y Woodward N
Fenberg Y Holbert N Scott N Zenzinger Y
Fields Y Lee Y Smallwood N President Y
Foote Y Lundeen N Sonnenberg N