Amendments for SB20-093

Senate Journal, January 30
After consideration on the merits, the Committee recommends that SB20-093 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 5, line13, strike "AGREEMENT OR" and
substitute "AGREEMENT,".

Page 5, line 17, strike "ACT." and substitute "ACT, OR ARBITRATIONS
ADMINISTERED BY A BUSINESS OR TRADE ORGANIZATION AS DEFINED BY
SECTION 501(c)(6) OF THE "INTERNAL REVENUE CODE OF 1986", AS
AMENDED. IF ALL PARTIES ARE MEMBERS OF THAT BUSINESS OR TRADE
ORGANIZATION.".

Page 8, strike lines 26 and 27.

Page 9, strike lines 1 through 9.

Reletter succeeding paragraphs accordingly.

Page 16, line 13, after "AWARD" insert "TO THE PARTY THAT OBJECTED TO
THE ARBITRATOR'S EVIDENT PARTIALITY ON A BASIS THAT WAS
ULTIMATELY FOUND TO CONSTITUTE EVIDENT PARTIALITY AND AGAINST
THE PARTY THAT REQUIRED ARBITRATION WITH THE ARBITRATOR OVER
THE OTHER PARTY'S OBJECTION".

Page 16, strike lines 15 and 16 and substitute "PROCEEDINGS FROM THE
DATE A PARTY OBJECTED IN WRITING TO THE".

Page 16, line 18, strike "PARTIALITY; OR" and substitute "PARTIALITY.".

Page 16, strike lines 19 through 21.


Judiciary



Senate Journal, February 6
SB20-093 by Senator(s) Foote and Fenberg, Danielson, Fields, Garcia, Ginal, Gonzales, Lee,
Pettersen, Rodriguez, Story, Todd, Winter; also Representative(s) Jackson, Caraveo, Cutter,
Froelich, Jaquez Lewis, Lontine, Singer, Sullivan--Concerning protections related to
mandatory agreement provisions, and, in connection therewith, enacting the "Consumer and
Employee Dispute Resolution Fairness Act".

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, January 30, page 126 and placed in members' bill files.)

Amendment No. 2(L.013), by Senator Fenberg.

Amend printed bill, page 19, line 8, strike "MORE" and substitute
"OUTSIDE OF COLORADO; OR".

Page 19, strike lines 9 through 21.

Reletter succeeding paragraph accordingly.

Amendment No. 3(L.011), by Senator Foote.

Amend printed bill, page 5, line 18, strike "and" and substitute "-".

Page 5, line 19, strike "objection." and substitute "objection - request
for provisional measures.".

Page 6, after line 22 insert:
"(6) IF A PARTY OBJECTS TO AN ARBITRATOR AND THE PARTIES
ARE NOT ABLE TO AGREE TO AN ARBITRATOR, WITHIN FOURTEEN DAYS
AFTER THE OBJECTION, THE NONOBJECTING PARTY MAY SEEK
PROVISIONAL REMEDIES PURSUANT TO SECTION 13-22-208 (1), AND THE
COURT SHALL RESOLVE THE MOTION WITHIN NINETY DAYS AFTER THE
MOTION IS FILED.".

Amendment No. 4(L.012), by Senator Foote.

Amend printed bill, page 19, line 8, strike "MORE" and substitute
"OUTSIDE OF COLORADO;".

Page 19, strike lines 9 through 17.

Reletter succeeding paragraphs accordingly.

Page 19, line 20, strike "OR ENTITIES".

Amendment No. 5(L.014), by Senator Foote.

Amend printed bill, page 12, line 7, after "OF" insert "ANY AMOUNTS OR
SPECIFIC PERFORMANCE REQUIREMENTS OF A CONFIDENTIAL SETTLEMENT
AGREEMENT OR".

Amendment No. 6(L.022), by Senator Foote.

Amend printed bill, page 18, line 26, strike "EMPLOYMENT." and
substitute "EMPLOYMENT IN COLORADO.".

Amendment No. 7(L.020), by Senator Williams.

Amend printed bill, page 20, strike lines 2 through 4.

Renumber succeeding subsections accordingly.

Amendment No. 8(L.021), by Senator Williams.

Amend printed bill, page 9, strike lines 26 and 27 and substitute
"DISPUTES OR EMPLOYMENT DISPUTES SHALL COLLECT AND PROVIDE AT
NO CHARGE TO PARTIES TO A CONSUMER OR EMPLOYMENT ARBITRATION
ADMINISTERED OR PROPOSED TO BE ADMINISTERED BY THE ARBITRATION
SERVICES PROVIDER A SINGLE CUMULATIVE REPORT".

Page 10, strike lines 1 and 2.

Page 11, line 21, strike "PUBLIC" and substitute "PARTIES".

Page 11, strike lines 22 through 25 and substitute "INFORMATION USING
READILY AVAILABLE SOFTWARE.
(3) NOTHING IN THIS SECTION PROHIBITS AN ARBITRATION
SERVICES PROVIDER FROM MAKING THE REPORT REQUIRED BY
SUBSECTION (1) OF THIS SECTION AVAILABLE TO THE PUBLIC.".

Renumber succeeding subsections accordingly.

Page 11, line 27, strike "COLLECT, PUBLISH," and substitute "COLLECT".

Amendment No. 9(L.010), by Senator Zenzinger.

Amend printed bill, page 2, after line 3 insert:
"SECTION 2. Legislative declaration. The general assembly
declares that nothing in this act is intended to approve, disapprove,
modify, or overrule Vallagio at Inverness Residential Condo. Ass'n v.
Metro Homes, Inc., 2017 CO 69, 395 P.3d 788.".

Renumber succeeding sections accordingly.

Amendment No. 10(L.025), by Senator Fenberg.

Amend printed bill, page 18, line 8, strike "GOODS, SERVICES, OR".

Page 18, strike line 24.

Reletter succeeding sub-subparagraphs accordingly.

Amendment No. 11(L.024), by Senator Moreno.

Amend printed bill, page 16, strike line 6 and substitute "DOCUMENT.".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

Senate Journal, March 9
SB20-093 by Senator(s) Foote and Fenberg, Danielson, Fields, Garcia, Ginal, Gonzales, Lee,
Pettersen, Rodriguez, Story, Todd, Winter; also Representative(s) Jackson, Caraveo, Cutter,
Froelich, Jaquez Lewis, Lontine, Singer, Sullivan--Concerning protections related to
mandatory agreement provisions, and, in connection therewith, enacting the "Consumer and
Employee Dispute Resolution Fairness Act".

A majority of those elected to the Senate having voted in the affirmative, Senator Fenberg
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.052), by Senator Fenberg.

Amend engrossed bill, page 7, line 10, strike "disputes - definition." and
substitute "disputes.".

Page 7, line 27, strike "OR HAD" and after "ANY" insert "CONFLICT OF".

Page 8, line 5, after "ANY" insert "CONFLICT OF".

Page 8, strike lines 22 through 27.

Page 9, strike lines 1 though 11.

Reletter succeeding paragraphs accordingly.

Page 9, line 25, strike "13-22-223." and substitute "13-22-223, AND
NOTHING IN THIS SECTION MODIFIES OR LIMITS A COURT'S OBLIGATION TO
CONSIDER EVIDENCE OF AN ARBITRATOR'S PECUNIARY INTEREST,
FAMILIAL RELATIONSHIP, OR THE EXISTENCE OF AN ADVERSARIAL OR
SYMPATHETIC RELATIONSHIP TO DETERMINE EVIDENT PARTIALITY
PURSUANT TO SECTION 13-22-223.

Page 9, line 27, strike "arbitrations - public disclosures." and substitute
"arbitrations.".

Page 11, strike line 26 and substitute:

"(3) (a) A PARTY OR THE ARBITRATOR SERVICES PROVIDER MAY
REQUIRE THAT THE DISCLOSURES REQUIRED BY SUBSECTION (1) OF THIS
SECTION BE KEPT CONFIDENTIAL OR PRIVATE.
(b) NOTHING IN THIS SECTION PROHIBITS AN ARBITRATION".

Strike page 17.

Page 18, strike lines 1 and 2.

Renumber succeeding sections accordingly.

The amendment was passed on the following roll call vote:

YES 34 NO 0 EXCUSED 1 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 E 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

Third Reading Amendment No. 2(L.053), by Senator Fenberg.

Amend engrossed bill, page 18, strike lines 11 through 15.

Reletter succeeding paragraphs accordingly.

Page 18, line 23, strike "(I)".

Page 18, line 25, strike "CONSUMER OR".

Page 19, line 1, strike "CONSUMER'S OR".

Page 19, strike lines 2 through 8 and substitute "IN EMPLOYMENT IN
COLORADO.".

Page 19, line 13, strike "CONSUMER OR".

Page 19. strike lines 20 and 21 and substitute "A MANNER THAT IS
PROHIBITED BY COLORADO LAW.".

Page 20, line 11, strike "CONSUMER OR".

Page 20, lines 12 and 13, strike "CONSUMER OR".

Page 21, line 5, after "selected," insert "and to contracts entered into,".

The amendment was passed on the following roll call vote:

YES 34 NO 0 EXCUSED 1 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 E 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 19 NO 15 EXCUSED 1 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 N Hansen Y Priola E 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