State Bill Colorado

Amendments for HB25-1272

House Journal, March 19
54 HB25-1272 be amended as follows, and as so amended, be referred to
55 the Committee of the Whole with favorable
56 recommendation:
1 Amend printed bill, page 2, strike line 2 and substitute:
2
3 "SECTION 1. Short title - legislative declaration. (1) The short
4 title of this act is the "Colorado American Dream Act".
5 (2) The general assembly".
6
7 Page 3, strike line 27 and substitute "construction in new homes.".
8
9 Page 4, line 1, strike "laws to seek remedy.".
10
11 Page 5, strike lines 3 through 13 and substitute:
12
13 "(4.5) "MULTIFAMILY CONSTRUCTION INCENTIVE PROGRAM" OR
14 "PROGRAM" MEANS THE PROGRAM CREATED IN SECTION 13-20-803.3 (1).
15 (6) "THIRD-PARTY INSPECTION" MEANS A PROGRAM OF
16 INSPECTIONS OF A RESIDENTIAL HOUSING UNIT PERFORMED OVER THE
17 COURSE OF CONSTRUCTION ON THE UNIT AND DESIGNED TO ASSIST THE
18 CONSTRUCTION PROFESSIONAL PERFORMING THE CONSTRUCTION ON THE
19 UNIT IN IDENTIFYING AND RECTIFYING ANY INSTANCES IN WHICH THE
20 WORK BEING PERFORMED BY THE CONSTRUCTION PROFESSIONAL DEVIATES
21 FROM APPLICABLE BUILDING CODES OR CONSTRUCTION STANDARDS. THE
22 CONSTRUCTION PROFESSIONAL WHO SIGNS THE BUILDING PERMIT
23 APPLICATION SHALL CERTIFY IN WRITING FILED WITH THE BUILDING
24 DEPARTMENT THAT THE THIRD-PARTY INSPECTION".
25
26 Page 5, line 16, strike "AN INSPECTOR:" and substitute "EITHER A
27 LICENSED CONSTRUCTION PROFESSIONAL OR A BUILDING CODE INSPECTOR,
28 ELECTRICAL INSPECTOR, ENERGY CONSERVATION CODE INSPECTOR, FIRE
29 CODE INSPECTOR, OR MECHANICAL CODE INSPECTOR, IF SUCH INSPECTOR
30 PROVIDES EVIDENCE OF COMPLETION OF THE MOST RECENT VERISON OF
31 THE COMMERCIAL BUILDING INSPECTOR EXAMINATION BY THE
32 INTERNATIONAL CODE COUNCIL OR ITS SUCCESSOR ORGANIZATION:".
33
34 Page 5, line 17, strike "DESIGNING" and substitute "DESIGNING,
35 CONSTRUCTING, OR INSPECTING".
36
37 Page 5, line 22, strike "AND".
38
39 Page 5, after line 24 insert:
40
41 "(IV) WHO IS NOT DESIGNATED AS A NONPARTY AT FAULT
42 PURSUANT TO SECTION 13-21-111.5 (3)(b); AND".
43
44 Page 5, strike line 26 and substitute "OR IMPROVEMENT, A SIGNED".
45
46 Page 5, line 27, strike "IMPROVEMENT" and substitute "IMPROVEMENT,".
47
48 Page 6, strike lines 1 through 4 and substitute "VERIFIES THAT:
49 (I) THE COMPONENT, SYSTEM, OR IMPROVEMENT WAS INCLUDED
50 IN APPROVED CONSTRUCTION DOCUMENTS AND SPECIFICATIONS,
51 INCLUDING ADDENDUMS ISSUED DURING CONSTRUCTION, UNDER THE
52 VALID SEAL OF AN ARCHITECT OR ENGINEER LICENSED IN COLORADO;".
53
54
1 Page 6, strike lines 11 and 12 and substitute "INSTRUCTIONS OR
2 RECOMMENDATIONS, APPROVED CONSTRUCTION DOCUMENTS AND
3 SPECIFICATIONS, INCLUDING ADDENDUMS ISSUED DURING CONSTRUCTION,
4 AND THE APPLICABLE BUILDING CODES.".
5
6 Page 6, line 15, strike "AND STAMPED".
7
8 Page 6, line 19, strike "ARCHITECT OR ENGINEER" and substitute
9 "INSPECTOR".
10
11 Page 6, line 24, strike "CODE." and substitute "CODES.".
12
13 Page 7, strike line 1 and substitute "STANDARDS; AND
14 (c) THE INSPECTION IS NOT AN INSPECTION PERFORMED BY OR ON
15 BEHALF OF A GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER
16 THE RESIDENTIAL HOUSING UNIT AS A CONDITION OF ANY PERMITTING OR
17 THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.".
18
19 Page 7, lines 2 and 3, strike "and 13-20-803.4".
20
21 Page 7, strike lines 4 and 5 and substitute:
22
23 "13-20-803.3. Multifamily construction incentive program -
24 created - construction defect claims against architects and engineers
25 - rebuttable presumptions - statute of limitations - affirmative
26 defenses. (1) THE MULTIFAMILY CONSTRUCTION INCENTIVE PROGRAM IS
27 CREATED. ON AND AFTER JANUARY 1, 2026, A BUILDER OF MULTIFAMILY,
28 ATTACHED HOUSING OF TWO OR MORE UNITS MAY PARTICIPATE IN THE
29 PROGRAM BY:
30 (a) PROVIDING A WARRANTY THAT COVERS ANY DEFECT AND
31 DAMAGE FOR A MINIMUM PERIOD OF:
32 (I) ONE YEAR FOR WORKMANSHIP AND MATERIALS;
33 (II) TWO YEARS FOR PLUMBING, ELECTRICAL, AND MATERIALS;
34 AND
35 (III) SIX YEARS FOR MAJOR STRUCTURAL COMPONENTS; AND
36 (b) HAVING THE UNITS INSPECTED BY A THIRD-PARTY INSPECTOR.
37 (2) (a) EXCEPT AS PROVIDED IN".
38
39 Page 7, line 6, strike "(2)" and substitute "(3)".
40
41 Page 7, lines 11 and 12, strike "MIDDLE MARKET HOUSING." and substitute
42 "HOUSING FOR WHICH THE BUILDER IS PARTICIPATING IN THE PROGRAM.".
43
44 Page 7, line 14, strike "(1)(a)" and substitute "(2)(a)".
45
46 Page 7, line 26, strike "(1)," and substitute "(2),".
47
48 Page 8, line 2, strike "(2)" and substitute "(3)".
49
50 Page 8, line 3, after the second "OF" insert "SUBSECTION (2) OF".
51
52 Page 8, line 19, strike "(3)" and substitute "(4)".
53
54
1 Page 8, strike line 22 and substitute "COMPLIES WITH SUBSECTION (2) OF
2 THIS SECTION AND SECTION 13-20-602. THE DEFENDANT SHALL FILE A
3 DESIGNATION OF NONPARTY OF FAULT AND CERTIFICATE OF REVIEW AT
4 LEAST FORTY-FIVE DAYS PRIOR TO ANY TRIAL OR PROCEEDING ON THE
5 CLAIM.".
6
7 Page 8, line 24, strike "(3)," and substitute "(4),".
8
9 Page 8, strike line 26 and substitute:
10
11 "(5) SUBSECTIONS (2) TO (4) OF THIS SECTION DO NOT:".
12
13 Page 9, strike lines 3 through 13 and substitute:
14
15 "(6) A PERSON SHALL NOT ASSERT A CLAIM SEEKING DAMAGES IN
16 A CONSTRUCTION DEFECT ACTION FOR HOUSING BUILT BY A BUILDER WHO
17 WAS A PARTICIPANT IN THE MULTIFAMILY CONSTRUCTION INCENTIVE
18 PROGRAM AT THE TIME OF THE CONSTRUCTION UNLESS THE CLAIM HAS
19 RESULTED IN THE FOLLOWING:
20 (a) DAMAGE THAT AFFECTS THE FUNCTIONALITY OF A SYSTEM OR
21 THE SAFETY OF REAL OR PERSONAL PROPERTY, OTHER THAN A CONDITION
22 THAT HAS NOT CAUSED ANY SUBSTANTIAL PHYSICAL CHANGE;".
23
24 Page 9, after line 21 insert:
25
26 "(7) (a) FOR HOUSING BUILT BY A BUILDER PARTICIPATING IN THE
27 PROGRAM AND SOLD ON OR AFTER JANUARY 1, 2026, AND EXCEPT AS
28 PROVIDED IN SUBSECTION (7)(b) OF THIS SECTION, A CLAIMANT MUST
29 BRING AN ACTION FOR DAMAGES FOR A CLAIM BASED ON THE
30 CONSTRUCTION AND FILED PURSUANT TO THIS PART 8 NOT LATER THAN
31 EIGHT YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT
32 IN AN ACTION ARISING OUT OF A DEFECTIVE OR AN UNSAFE CONDITION OF
33 THE REAL PROPERTY OR A DEFICIENCY IN THE CONSTRUCTION OR REPAIR
34 OF THE IMPROVEMENT.
35 (b) (I) IF THE DEFENDANT IS A CONSTRUCTION PROFESSIONAL WHO
36 IS NOT AN ARCHITECT OR ENGINEER AND WHO HAS PROVIDED THE
37 CLAIMANT A WRITTEN WARRANTY FOR THE RESIDENCE THAT COMPLIES
38 WITH SUBSECTION (1)(a) OF THIS SECTION, AND IF THE CLAIMANT
39 DISCOVERED OR SHOULD HAVE DISCOVERED THE ALLEGED DEFECT OR
40 DAMAGE WITHIN THE LONGEST APPLICABLE WARRANTY PERIOD, THE
41 CLAIMANT MUST BRING THE SUIT NOT LATER THAN SIX YEARS AFTER THE
42 SUBSTANTIAL COMPLETION OF THE IMPROVEMENT.
43 (II) IF THE DEFENDANT IS A CONSTRUCTION PROFESSIONAL WHO IS
44 AN ARCHITECT OR ENGINEER, AND THE CONSTRUCTION PROFESSIONAL
45 PERFORMED IN A MANNER CONSISTENT WITH THE DEGREE OF SKILL AND
46 CARE ORDINARILY EXERCISED BY MEMBERS OF THE SAME PROFESSION
47 CURRENTLY PRACTICING UNDER THE SAME OR SIMILAR CIRCUMSTANCES,
48 THE CLAIMANT MUST BRING THE SUIT NOT LATER THAN SIX YEARS AFTER
49 THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT.
50 (c) IF A CLAIM INVOLVES A DEFECT OR DAMAGE THAT IS COVERED
51 BY THE WARRANTY DESCRIBED IN SUBSECTION (7)(b) OF THIS SECTION,
52 THE CLAIMANT SHALL PURSUE ALL REMEDIES AVAILABLE UNDER THE
53 WARRANTY PROCESS BEFORE BRINGING AN ACTION FOR DAMAGES.
54 (d) SECTION 13-80-104 APPLIES TO THE LIMITATION OF CLAIMS IN
55 THIS SUBSECTION (7).
1 (8) (a) FOR HOUSING IN WHICH THE BUILDER IS A PARTICIPANT IN
2 THE PROGRAM, A CONSTRUCTION PROFESSIONAL WHO MAKES A
3 REASONABLE OFFER PURSUANT TO SECTION 13-20-803.5 MAY BE IMMUNE,
4 IN WHOLE OR IN PART, FROM AN OBLIGATION, DAMAGE, LOSS, OR LIABILITY
5 UNDER THIS PART 8 RELATED TO OR ARISING OUT OF THE CONSTRUCTION
6 DEFECT, BUT ONLY WITH RESPECT TO THE PORTION OF THE CLAIMANT'S
7 DAMAGES, IF ANY, THE CONSTRUCTION PROFESSIONAL CAN DEMONSTRATE
8 BY A PREPONDERANCE OF THE EVIDENCE WERE PROXIMATELY CAUSED OR
9 INCREASED BY AN AFFIRMATIVE DEFENSE SPECIFIED IN SUBSECTIONS (8)(b)
10 AND (8)(c) OF THIS SECTION AND NOT BY THE CONSTRUCTION DEFECT.
11 (b) IN ADDITION TO ANY OTHER AFFIRMATIVE DEFENSE AVAILABLE
12 UNDER ANY OTHER LAW, A CONSTRUCTION PROFESSIONAL IS NOT LIABLE
13 FOR A DAMAGE OR DEFECT TO THE EXTENT THE PROFESSIONAL CAN PROVE,
14 AS AN AFFIRMATIVE DEFENSE, THAT THE DAMAGE OR DEFECT WAS
15 CAUSED:
16 (I) BY A WEATHER CONDITION, EARTHQUAKE, OR HUMAN-CAUSED
17 EVENT, SUCH AS WAR, TERRORISM, OR VANDALISM, IN EXCESS OF THE
18 DESIGN CRITERIA EXPRESSED BY THE APPLICABLE BUILDING CODES,
19 REGULATIONS, AND ORDINANCES IN EFFECT AT THE TIME OF ORIGINAL
20 CONSTRUCTION;
21 (II) BY A HOMEOWNER'S UNREASONABLE FAILURE TO TIMELY
22 MITIGATE DAMAGES AS REQUIRED IN SECTION 13-20-803.5 (1);
23 (III) BY THE HOMEOWNER OR THE HOMEOWNER'S AGENT,
24 EMPLOYEE, OR CONSTRUCTION PROFESSIONAL BY VIRTUE OF THEIR
25 FAILURE TO FOLLOW THE BUILDER 'S OR MANUFACTURER 'S
26 RECOMMENDATIONS OR TO DO COMMONLY ACCEPTED HOMEOWNER
27 MAINTENANCE OBLIGATIONS. IN ORDER TO RELY UPON THIS DEFENSE AS
28 IT RELATES TO A CONSTRUCTION PROFESSIONAL'S RECOMMENDED
29 MAINTENANCE SCHEDULE, THE CONSTRUCTION PROFESSIONAL MUST SHOW
30 THAT THE HOMEOWNER HAD WRITTEN NOTICE OF THESE SCHEDULES AND
31 RECOMMENDATIONS AND THAT THE RECOMMENDATIONS AND SCHEDULES
32 WERE REASONABLE AT THE TIME THEY WERE ISSUED.
33 (IV) AFTER SALE OR TRANSFER OF OWNERSHIP TO THE CLAIMANT,
34 BY:
35 (A) THE HOMEOWNER'S OR HOMEOWNER'S AGENT'S ALTERATIONS;
36 (B) ORDINARY WEAR AND TEAR;
37 (C) MISUSE OF THE STRUCTURE OR COMPONENT;
38 (D) ABUSE OF THE STRUCTURE OR COMPONENT;
39 (E) NEGLECT OF THE STRUCTURE OR COMPONENT; OR
40 (F) THE USE OF THE STRUCTURE OR COMPONENT FOR SOMETHING
41 OTHER THAN THE STRUCTURE'S OR COMPONENT'S INTENDED PURPOSE.
42 (c) A CONSTRUCTION PROFESSIONAL MAY ASSERT AN AFFIRMATIVE
43 DEFENSE TO THE EXTENT THAT:
44 (I) THE DAMAGE WAS CAUSED BY A PARTICULAR VIOLATION
45 COVERED BY A VALID RELEASE OBTAINED BY THE CONSTRUCTION
46 PROFESSIONAL, IF THE RELEASE IS ENFORCEABLE AGAINST THE CLAIMANT,
47 WAS EXECUTED WITH KNOWLEDGE OF THE PARTICULAR VIOLATION, AND
48 DOES NOT VIOLATE SECTION 13-20-806 (7); OR
49 (II) THE CONSTRUCTION PROFESSIONAL'S REPAIR COMPLETED
50 PURSUANT TO SECTION 13-20-803.5 (3) WAS SUCCESSFUL IN CORRECTING
51 THE PARTICULAR VIOLATION AND ANY DAMAGE RESULTING FROM THE
52 VIOLATION OF THE APPLICABLE STANDARD.".
53
54 Page 9, line 22, strike "(2)" and substitute "(9)".
55
1 Page 10, line 4, strike "(3.5) and (4.5)" and substitute "(3.5), (3.7), (4.5),
2 and (13)".
3
4 Page 10, strike line 12 and substitute "FOR THE CONSTRUCTION OF
5 HOUSING FOR WHICH A BUILDER WAS A PARTICIPANT IN THE MULTIFAMILY
6 CONSTRUCTION INCENTIVE PROGRAM, A CLAIMANT SHALL".
7
8 Page 11, line 9, strike "OR".
9
10 Page 11, strike line 14 and substitute "REPAIR; OR
11 (III) A WRITTEN RESPONSE THAT EXPLAINS THE CONSTRUCTION
12 PROFESSIONAL'S SCOPE OF WORK AND WHY THE CLAIMED DEFECT IS NOT
13 WITHIN THE WORK AND RESPONSIBILITY OF THE CONSTRUCTION
14 PROFESSIONAL.".
15
16 Page 11, line 22, strike "PROFESSIONAL" and substitute "PROFESSIONAL,
17 OTHER THAN AN ARCHITECT OR ENGINEER,".
18
19 Page 11, line 24, strike "WITH:" and substitute "WITH THE FOLLOWING
20 DOCUMENTS AND INFORMATION, TO THE EXTENT THE DOCUMENTS AND
21 INFORMATION ARE WITHIN THE CONSTRUCTION PROFESSIONAL'S
22 POSSESSION:".
23
24 Page 11, line 26, strike "CLAIMANT'S PROPERTY;" and substitute "CLAIM;".
25
26 Page 12, strike lines 1 through 7 and substitute "RECOMMENDATIONS
27 RELATED TO THE CLAIM;
28 (III) THE NAME, LAST-KNOWN ADDRESS, AND SCOPE OF WORK OF
29 EACH CONSTRUCTION PROFESSIONAL WHO CONTRACTED TO PERFORM
30 WORK OR PROVIDE SERVICES AND DID PERFORM WORK OR PROVIDE
31 SERVICES RELATED TO THE CLAIM;
32 (IV) ALL DOCUMENTS RELATED TO THE THIRD-PARTY INSPECTION
33 OF THE PROPERTY AND THE NAME AND LAST-KNOWN ADDRESS OF THE
34 INSPECTOR WHO PERFORMED THE THIRD-PARTY INSPECTION; AND
35 (V) COPIES OF EACH INSURANCE POLICY PURCHASED BY THE".
36
37 Page 12, line 16, strike "AND (3.5)(a)(IV)" and substitute "(3.5)(a)(IV),
38 AND (3.5)(a)(V)".
39
40 Page 12, line 18, after "SECTION" insert "BY THE APPLICABLE DEADLINE
41 FOR DESIGNATING A NONPARTY AT FAULT".
42
43 Page 12, line 25, strike "(1)." and substitute "(2).".
44
45 Page 12, after line 25 insert:
46
47 "(3.7) (a) BY THE EARLIER OF WHEN A CONSTRUCTION
48 PROFESSIONAL WHO IS AN ARCHITECT OR ENGINEER OFFERS TO SETTLE A
49 CLAIM AND OF SIXTY DAYS AFTER A CONSTRUCTION PROFESSIONAL
50 RECEIVES ACTUAL NOTICE OF CLAIM, THE ARCHITECT OR ENGINEER SHALL
51 PROVIDE THE CLAIMANT WITH THE FOLLOWING DOCUMENTS AND
52 INFORMATION, TO THE EXTENT THE DOCUMENTS AND INFORMATION ARE
53 WITHIN THE ARCHITECT'S OR ENGINEER'S POSSESSION:
54 (I) COPIES OF ALL APPROVED CONSTRUCTION DOCUMENTS AND
55 SPECIFICATIONS, INCLUDING ADDENDUMS ISSUED DURING CONSTRUCTION,
56 PREPARED BY THE ARCHITECT, ENGINEER, OR CONSULTANTS;
1 (II) THE NAME, LAST-KNOWN ADDRESS, AND SCOPE OF WORK OF
2 EACH ARCHITECT OR ENGINEER WHO PERFORMED WORK OR PROVIDED
3 SERVICES AS A CONSULTANT RELATED TO THE CLAIM AND ON THE
4 CLAIMANT'S PROPERTY; AND
5 (III) COPIES OF EACH INSURANCE POLICY PURCHASED BY THE
6 ARCHITECTS AND ENGINEERS THROUGH THE DATE OF THE NOTICE OF CLAIM
7 AND FROM THE EARLIER START DATE OF:
8 (A) THE DATE THE CONSTRUCTION OF THE ALLEGED DEFECT WAS
9 SUBSTANTIALLY COMPLETED; OR
10 (B) THE DATE THE ARCHITECTS AND ENGINEERS SUBSTANTIALLY
11 COMPLETED WORK RELATED TO THE ALLEGED DEFECT.
12 (b) AN ARCHITECT OR ENGINEER MAY CHARGE REASONABLE
13 COPYING COSTS FOR THE DOCUMENTS DESCRIBED IN SUBSECTION (3.7)(a)
14 OF THIS SECTION.".
15
16 Page 13, line 9, after "CLAIMANT'S" insert "REASONABLE".
17
18 Page 14, strike lines 5 through 27.
19
20 Page 15, strike line 1 and substitute:
21
22 "(d) (I) A CONSTRUCTION PROFESSIONAL'S WRITTEN OFFER OF
23 SETTLEMENT IS REASONABLE, AND A CLAIMANT'S REJECTION OF THE OFFER
24 IS UNREASONABLE, IF THE CLAIMANT RECOVERS A FINAL JUDGMENT IN AN
25 AMOUNT THAT IS LESS THAN THE AMOUNT OFFERED OR THE REASONABLE
26 VALUE OF THE REPAIR OFFERED BY THE CONSTRUCTION PROFESSIONAL.
27 (II) A CONSTRUCTION PROFESSIONAL'S WRITTEN OFFER OF
28 SETTLEMENT IS UNREASONABLE, AND A CLAIMANT'S REJECTION OF THE
29 OFFER IS REASONABLE, IF THE CLAIMANT RECOVERS A FINAL JUDGMENT IN
30 AN AMOUNT THAT EXCEEDS THE AMOUNT OFFERED OR THE REASONABLE
31 VALUE OF THE REPAIR OFFERED BY THE CONSTRUCTION PROFESSIONAL.
32 (13) AN INSURER, AS DEFINED IN SECTION 10-1-102 (13) SHALL
33 NOT CANCEL OR DENY A LIABILITY INSURANCE POLICY ISSUED TO A
34 CONSTRUCTION PROFESSIONAL BASED ON THE CONSTRUCTION
35 PROFESSIONAL MAKING AN OFFER TO REPAIR OR SETTLE A CONSTRUCTION
36 DEFECT CLAIM PURSUANT TO THIS SECTION. ANY SETTLEMENT OR REPAIR
37 AGREEMENT THAT AFFECTS COVERAGE IS SUBJECT TO INSURER
38 APPROVAL.".
39
40 Renumber succeeding sections accordingly.
41
42 Page 15, line 12, strike "MITIGATION." and substitute "MITIGATION;
43 EXCEPT THAT THE MAXIMUM LENGTH OF TOLLING UNDER THIS SUBSECTION
44 (2) CANNOT EXCEED ONE YEAR.".
45
46 Page 15, strike lines 17 through 27.
47
48 Strike page 16.
49
50 Page 17, strike lines 1 through 10.
51
52 Renumber succeeding sections accordingly.
53
54

House Journal, March 28
28 Amendment No. 1, Transportation, Housing & Local Government Report,
29 dated March 18, 2025, and placed in member’s bill file; Report also
30 printed in House Journal, March 19, 2025.
31
32 Amendment No. 2, by Representative Bird:
33
34 Amend the Transportation, Housing, and Local Government Committee
35 Report, dated March 18, 2025, page 6, strike lines 13 and 14 and
36 substitute "VIOLATION OF THE APPLICABLE STANDARD.
37 (9) (a) FOR PROPERTY IN WHICH THE BUILDER IS A PARTICIPANT IN
38 THE MULTIFAMILY CONSTRUCTION INCENTIVE PROGRAM, WITHIN THIRTY
39 DAYS AFTER THE COMPLETION OF THE INSPECTION PROCESS CONDUCTED
40 PURSUANT TO THIS SECTION, A CONSTRUCTION PROFESSIONAL SHALL SEND
41 OR DELIVER TO THE CLAIMANT, BY CERTIFIED MAIL, RETURN RECEIPT
42 REQUESTED, OR BY PERSONAL SERVICE:
43 (I) AN OFFER TO SETTLE THE CLAIM BY:
44 (A) PAYMENT OF A SUM CERTAIN; OR
45 (B) AGREEING TO REMEDY THE CLAIMED DEFECT DESCRIBED IN
46 THE NOTICE OF CLAIM;
47 (II) A WRITTEN RESPONSE THAT:
48 (A) IDENTIFIES THE STANDARDS THAT APPLY TO THE CLAIMED
49 DEFECT'S CONSTRUCTION OR PERFORMANCE; AND
50 (B) EXPLAINS WHY THE CLAIMED DEFECT DOES NOT REQUIRE
51 REPAIR; OR
52 (III) A WRITTEN RESPONSE THAT EXPLAINS THE CONSTRUCTION
53 PROFESSIONAL'S SCOPE OF WORK AND WHY THE CLAIMED DEFECT IS NOT
54 WITHIN THE WORK AND RESPONSIBILITY OF THE CONSTRUCTION
55 PROFESSIONAL.
56
1 (b) A WRITTEN OFFER TO REMEDY A CONSTRUCTION DEFECT MUST
2 INCLUDE A REPORT OF THE SCOPE OF THE INSPECTION, THE FINDINGS AND
3 RESULTS OF THE INSPECTION, A DESCRIPTION OF THE ADDITIONAL
4 CONSTRUCTION WORK NECESSARY TO REMEDY THE DEFECT DESCRIBED IN
5 THE NOTICE OF CLAIM AND ALL DAMAGE TO THE IMPROVEMENT TO REAL
6 PROPERTY CAUSED BY THE DEFECT, AND A TIMETABLE FOR THE
7 COMPLETION OF THE REMEDIAL CONSTRUCTION WORK.
8 (10) (a) WITHIN THIRTY DAYS AFTER THE REJECTION OF AN OFFER
9 MADE PURSUANT TO SUBSECTION (9) OF THIS SECTION, A CLAIMANT SHALL
10 PROVIDE A CONSTRUCTION PROFESSIONAL WITH A WRITTEN PROPOSAL TO
11 HAVE THE CONSTRUCTION DEFECT REPAIRED AT THE CONSTRUCTION
12 PROFESSIONAL'S EXPENSE OR TO SETTLE THE CLAIM.
13 (b) IF THE CONSTRUCTION PROFESSIONAL DOES NOT ACCEPT THE
14 PROPOSAL PROVIDED BY THE CLAIMANT PURSUANT TO SUBSECTION (10)(a)
15 OF THIS SECTION IN WRITING WITHIN FIFTEEN DAYS AFTER DELIVERY OF
16 THE PROPOSAL, THE PROPOSAL IS DEEMED TO HAVE BEEN REJECTED.
17 (c) IF THE CONSTRUCTION PROFESSIONAL ACCEPTS THE PROPOSAL
18 PROVIDED BY THE CLAIMANT PURSUANT TO SUBSECTION (10)(a) OF THIS
19 SECTION, THE CONSTRUCTION PROFESSIONAL SHALL PAY THE CLAIMANT'S
20 REASONABLE ATTORNEY FEES AND COSTS INCURRED IN INVESTIGATING
21 THE DEFECT AND PROPOSING THE REPAIR.".
22
23 Page 9 of the printed bill, line 22, strike "(2)" and substitute "(11)".".
24
25 Page 6 of the report, line 15, strike "(4.5),".
26
27 Page 6 of the report, strike lines 20 through 25 and substitute:
28
29 "Page 10 of the bill, strike line 27.
30
31 Page 11 of the bill, strike lines 1 through 20 and substitute:
32
33 "(3) EXCEPT AS PROVIDED IN SECTION 13-20-803.3 (9), within
34 thirty days following AFTER the completion of the inspection process
35 conducted pursuant to subsection (2) of this section, or within forty-five
36 days following AFTER the completion of the inspection process in the case
37 of a commercial property, a construction professional may send or deliver
38 to the claimant, by certified mail, return receipt requested, or personal
39 service, an offer to settle the claim by payment of a sum certain or by
40 agreeing to remedy the claimed defect described in the notice of claim. A
41 written offer to remedy the construction defect shall include a report of
42 the scope of the inspection, the findings and results of the inspection, a
43 description of the additional construction work necessary to remedy the
44 defect described in the notice of claim and all damage to the improvement
45 to real property caused by the defect, and a timetable for the completion
46 of the remedial construction work.".".
47
48 Page 8 of the report, strike line 1 and substitute:
49
50 "Page 12 of the bill, strike lines 26 and 27.
51
52 Page 13 of the bill, strike lines 1 through 10.".
53
54 Amendment No. 3, by Representative Bird:
55
1 Amend the Transportation, Housing, and Local Government Committee
2 Report, dated March 18, 2025, page 1, line 19, after "THIRD-PARTY" insert
3 "INSPECTOR WAS QUALIFIED AND THE".
4
5 Page 2 of the report, line 2, before "COMPLETION" insert "SUCCESSFUL".
6
7 Page 2 of the report, after line 6 insert:
8
9 "Page 5 of the printed bill, line 19, after "NOT" insert "OTHERWISE".".
10
11 Page 2 of the report, after line 24 insert:
12
13 "Page 6 of the bill, line 23, strike "STAMPED PROJECT PLANS AND
14 SPECIFICATIONS" and substitute "THE APPLICABLE MANUFACTURER'S
15 INSTRUCTIONS OR RECOMMENDATIONS, APPROVED CONSTRUCTION
16 DOCUMENTS AND SPECIFICATIONS, INCLUDING ADDENDUMS ISSUED
17 DURING CONSTRUCTION,".".
18
19 Page 2 of the report, after line 25 insert:
20
21 "Page 6 of the bill, line 25, strike "ANY" and substitute "THE
22 CONSTRUCTION PROFESSIONAL SUCCESSFULLY REPAIRED OR RESOLVED
23 ANY".
24
25 Page 6 of the bill, line 26, strike "HAS BEEN RESOLVED".
26
27 Page 6 of the bill, line 27, strike "APPLICABLE".".
28
29 Page 2 of the report, line 26, strike ""STANDARDS;" and substitute ""THE
30 APPLICABLE MANUFACTURER'S INSTRUCTIONS OR RECOMMENDATIONS AND
31 APPROVED CONSTRUCTION DOCUMENTS AND SPECIFICATIONS, INCLUDING
32 ADDENDUMS ISSUED DURING CONSTRUCTION;".
33
34 Page 3 of the report, line 11, after "DAMAGE" insert "AT NO COST TO THE
35 HOMEOWNER".
36
37 Page 3 of the report, strike line 16 and substitute:
38
39 "(b) HAVING A THIRD-PARTY INSPECTION PERFORMED.".
40
41 Amendment No. 4, by Representative Bird:
42
43 Amend the Transportation, Housing, and Local Government Committee
44 Report, dated March 18, 2025, page 3, after line 25 insert:
45
46 "Page 8 of the printed bill, line 21, strike "WITH THE DESIGNATION A" and
47 substitute "A SUBSEQUENT".
48
49 Page 3, line 28, strike "DESIGNATION OF NONPARTY OF FAULT AND".
50
51 Page 4 of the report, line 9, after "THAT" insert "SUBSTANTIALLY".
52
53 Page 5 of the report, strike lines 20 through 24 and substitute:
54
1 "(I) BY A WEATHER CONDITION, EARTHQUAKE, OR OTHER NATURAL
2 PHENOMENON IN EXCESS OF THE DESIGN CRITERIA EXPRESSED BY THE
3 APPLICABLE BUILDING CODES, REGULATIONS, AND ORDINANCES IN EFFECT
4 AT THE TIME OF ORIGINAL CONSTRUCTION;
5 (II) BY A HUMAN-CAUSED EVENT, SUCH AS WAR, TERRORISM, OR
6 VANDALISM;".
7
8 Renumber succeeding subparagraphs accordingly.
9
10 Page 5 of the report, line 29, after "MANUFACTURER'S" insert
11 "MAINTENANCE".
12
13 Page 5 of the report, line 34, after "THESE" insert "MAINTENANCE".
14
15 Page 5 of the report, line 35, after "THE" insert "MAINTENANCE".
16
17 Page 5 of the report, line 36, strike "ISSUED." and substitute "ISSUED AND
18 THAT THE DAMAGE OR DEFECT DID NOT DIRECTLY PREVENT THE
19 HOMEOWNER FROM PERFORMING THE RECOMMENDED MAINTENANCE.".
20
21 Page 8 of the report, after line 24 insert:
22
23 "Page 15 of the bill, line 13, after "LIMITATIONS" insert "OR REPOSE".".
24
25 Amendment No. 5, by Representative Bird:
26
27 Amend the Transportation, Housing, and Local Government Committee
28 Report, dated March 18, 2025, page 3, line 15, strike "AND".
29
30 Page 3 of the report, line 16, strike "INSPECTOR." and substitute
31 "INSPECTOR; AND
32 (c) RECORDING A NOTICE OF ELECTION TO PARTICIPATE IN THE
33 MULTIFAMILY CONSTRUCTION INCENTIVE PROGRAM IN THE CHAIN OF TITLE
34 IN THE REAL PROPERTY RECORDS FOR THE PROJECT INTENDED TO BE
35 COVERED BEFORE THE UNIT IS OFFERED FOR SALE.".
36
37 Page 3 of the report, after line 24 insert:
38
39 "Page 8 of the printed bill, line 9, strike "WOULD" and substitute "COULD
40 REASONABLY".".
41
42 Page 4 of the report, strike line 8 and substitute "RESULTED IN ONE OR
43 MORE OF THE FOLLOWING TYPES OF ACTUAL DAMAGE:".
44
45 Amendment No. 6, by Representative Bird:
46
47 Amend the Transportation, Housing, and Local Government Committee
48 Report, dated March 18, 2025, page 3, line 5, strike "rebuttable
49 presumptions - ".
50
51 Page 5 of the report, line 3, strike "SECTION 13-80-104" and substitute
52 "SECTION 13-80-104 (2) AND (3)".
53
54 Page 6 of the report, after line 14 insert:
55
1 "Page 9 of the printed bill, line 24, strike "24;" and substitute "24, OR
2 SECTION 13-20-806 (7);".".
3
4 Page 6 of the report, strike line 31 and substitute "POSSESSION, CUSTODY,
5 OR CONTROL:".".
6
7 Page 7 of the report, line 21, strike "POSSESSION:" and substitute
8 "POSSESSION, CUSTODY, OR CONTROL:".
9
10 Page 8 of the report, after line 28 insert:
11
12 "Page 18 of the bill, line 5, after "CLAIM" insert "OR SETTLEMENT" and
13 after "DAMAGES" insert "OR PROCEEDS".".
14
15 Amendment No. 7, by Representative Bird:
16
17 Amend the Transportation, Housing, and Local Government Committee
18 Report, dated March 18, 2025, page 6, line 27, strike the period and
19 substitute "and strike "AND OF" and substitute "OR".".
20
21 Page 6 of the report, after line 34 insert:
22
23 "Page 12 of the bill, line 8, after "PROFESSIONAL" insert "AND RELATED TO
24 THE CLAIM".".
25
26 Page 7 of the report, line 17, strike "AND OF" and substitute "OR".
27
28 Page 7 of the report, line 30, strike "ARCHITECTS AND ENGINEERS" and
29 substitute "ARCHITECT OR ENGINEER AND RELATED TO THE CLAIM".
30
31 Amendment No. 8, by Representative Bird:
32
33 Amend the Transportation, Housing, and Local Government Committee
34 Report, dated March 18, 2025, page 8, after line 1 insert:
35
36 "Page 13 of the printed bill, lines 22 and 23, strike "SUBSECTION (3) OF
37 THIS SECTION" and substitute "SECTION 13-20-803.3".
38
39 Page 13 of the bill, line 27, strike "SUBSECTION".
40
41 Page 14 of the bill, line 1, strike "(3) OF THIS SECTION," and substitute
42 "SECTION 13-20-803.3,".".
43
44 Page 8 of the report, after line 13 insert:
45
46 "(e) SUBSECTIONS (12)(a) TO (12)(d) OF THIS SECTION APPLY ONLY
47 TO CLAIMS FOR PROPERTY FOR WHICH THE BUILDER IS A PARTICIPANT IN
48 THE MULTIFAMILY CONSTRUCTION INCENTIVE PROGRAM.".
49
50 Amendment No. 9, by Representative Bird:
51
52 Amend printed bill, page 18, after line 7 insert:
53
54 "SECTION 9. In Colorado Revised Statutes, 29-32-105, amend
55 (2)(a) as follows:
1 29-32-105. Affordable housing commitments - local
2 governments - tribal governments - three-year commitment cycle -
3 expedited development approval process - eligibility for assistance
4 from the fund. (2) (a) In order to receive financial assistance under this
5 article ARTICLE 32, or for affordable housing projects within a tribal
6 government, municipality, a city and county, or the unincorporated area
7 of a county to be eligible for funding, the tribal government or local
8 government, other than a local affordable housing authority, must
9 establish processes to enable it to provide a final decision on any
10 application for a special permit, variance, or other development permit,
11 INCLUDING A FOR-SALE MULTIFAMILY CONDOMINIUM PROJECT AND
12 excluding subdivisions, of a development project, for which fifty percent
13 or more of the residential units in the development constitute affordable
14 housing not more than ninety calendar days after submission of a
15 complete application, referred to herein as a "fast-track approval
16 process."".
17
18 Renumber succeeding section accordingly.
19
20 As amended, ordered engrossed and placed on the Calendar for Third
21 Reading and Final Passage.
22

Senate Journal, April 11
After consideration on the merits, the Committee recommends that HB25-1272 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, line 27, strike "(4.5)" and substitute "(4.5),
(5.5)".

Page 5, after line 4 insert:

"(5.5) "PROGRAM CLAIM" MEANS ALL ACTIONS FOR DAMAGES,
INDEMNITY, OR CONTRIBUTION BROUGHT AGAINST A CONSTRUCTION
PROFESSIONAL TO ASSERT A CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR
THIRD-PARTY CLAIM FOR DAMAGES OR LOSS TO, OR THE LOSS OF USE OF, REAL
OR PERSONAL PROPERTY FOR WHICH THE BUILDER IS A PARTICIPANT IN THE
PROGRAM OR FOR PERSONAL INJURY CAUSED BY A DEFECT IN THE DESIGN OR
CONSTRUCTION OF AN IMPROVEMENT TO REAL PROPERTY FOR WHICH THE
BUILDER IS A PARTICIPANT IN THE PROGRAM.".

Page 5, line 22, strike "VERISON" and substitute "VERSION".

Page 8, line 13, after "SALE." insert "AFTER RECORDING A NOTICE OF ELECTION
TO PARTICIPATE, A BUILDER MAY WITHDRAW FROM THE PROGRAM ONLY BEFORE
THE ISSUANCE OF THE LAST CERTIFICATE OF OCCUPANCY FOR THE PROJECT.".

Page 8, strike lines 20 and 21 and substitute:

"(II) FOR A PROGRAM CLAIM.".

Page 9, line 19, after "LIMITATION" insert "OR REPOSE".

Page 10, strike lines 15 through 18 and substitute:

"(6) A PERSONAL SHALL NOT ASSERT A PROGRAM CLAIM UNLESS THE
CLAIM HAS".

Page 11, strike lines 6 through 14.

Page 11, line 15, strike "(b)" and substitute "(7) (a)".

Page 12, line 3, strike "(c)" and substitute "(b)".

Page 12, line 4, strike "(7)(b)" and substitute "(7)(a)".

Page 12, line 5, after "ALL" insert "REASONABLE".

Page 12, line 6, after "DAMAGES." insert "THE STATUTE OF LIMITATIONS AND
REPOSE SHALL BE TOLLED FROM THE DATE THE CLAIMANT FIRST PURSUED A
REMEDY AVAILABLE UNDER THE WARRANTY FOR NO MORE THAN ONE YEAR OR
UNTIL THE COMPLETION OF THE WARRANTY PROCESS, WHICHEVER IS LONGER.".

Page 12, line 7, strike "(d)" and substitute "(c)".

Page 12, strike lines 9 and 10 and substitute:

"(8) (a) FOR PROGRAM CLAIMS, A CONSTRUCTION PROFESSIONAL WHO
MAKES A".

Page 12, line 11, strike "SECTION 13-20-803.5" and substitute "SUBSECTION (9)
OF THIS SECTION".

Page 12, strike likes 19 and 20 and substitute:

"(b) A CONSTRUCTION PROFESSIONAL IS NOT LIABLE".

Page 14, after line 10 insert:

"(d) THE AFFIRMATIVE DEFENSES SET FORTH IN THIS SUBSECTION (8)
ARE IN ADDITION TO, AND SHALL NOT LIMIT, IMPAIR, REPLACE, OR OTHERWISE
AFFECT, ANY OTHER DEFENSE AVAILABLE TO A CONSTRUCTION PROFESSIONAL
UNDER STATUTE OR COMMON LAW.".

Page 14, strike lines 11 through 13.

Page 14, line 14, strike "PURSUANT TO THIS SECTION," and substitute:

"(9) (a) FOR PROGRAM CLAIMS,".

Page 14, line 14, after "PROFESSIONAL" insert "AND THE INSURER, AS DEFINED
IN SECTION 10-1-102 (13), PROVIDING COVERAGE RELATED TO THE CLAIM".

Page 15, after line 9 insert:

"(c) THE CONSTRUCTION PROFESSIONAL SHALL PROVIDE AN OFFER
PURSUANT TO SUBSECTION (9)(a)(I) OF THIS SECTION WITHIN NINETY DAYS
AFTER THE DEADLINE TO INSPECT THE PROPERTY AND CLAIMED DEFECT
PURSUANT TO SECTION 13-20-803.5 OR A WRITTEN RESPONSE PURSUANT TO
SUBSECTION (9)(a)(II) OR (9)(a)(III) OF THIS SECTION WITHIN THIRTY DAYS
AFTER THE DEADLINE TO INSPECT THE PROPERTY AND CLAIMED DEFECT
PURSUANT TO SECTION 13-20-803.5. NOTWITHSTANDING ANY PROVISION IN A
CONTRACT OR ANY REQUIREMENT IN THE GOVERNING DOCUMENTS, IF A
CONSTRUCTION PROFESSIONAL REQUESTS AN EXTENSION TO PROVIDE AN OFFER
PURSUANT TO SUBSECTION (9)(a)(I) OF THIS SECTION AND THE CLAIMANT DOES
NOT AGREE TO THE REQUESTED EXTENSION, THE PARTIES SHALL DESIGNATE A
MUTUALLY AGREEABLE THIRD PARTY IN WRITING TO DETERMINE WHETHER THE
REQUESTED EXTENSION IS REASONABLE. NOTWITHSTANDING ANY OTHER
PROVISION IN THIS SECTION, THE TOTAL TIME TO PROVIDE AN OFFER MUST NOT
EXCEED TWO HUNDRED TEN DAYS AFTER THE DATE OF THE NOTICE OF CLAIM BY
THE CONSTRUCTION PROFESSIONAL PROVIDING AN OFFER PURSUANT TO
SUBSECTION (9)(a)(I) OF THIS SECTION.
(d) IF A CLAIMANT UNREASONABLY REJECTS A REASONABLE WRITTEN
OFFER OF SETTLEMENT MADE PURSUANT TO THIS SUBSECTION (9) AND
SUBSEQUENTLY COMMENCES AN ACTION AGAINST THE CONSTRUCTION
PROFESSIONAL, THE COURT MAY AWARD ATTORNEY FEES AND COSTS TO THE
CONSTRUCTION PROFESSIONAL.
(e) IF A CONSTRUCTION PROFESSIONAL FAILS TO MAKE A REASONABLE
WRITTEN OFFER OF SETTLEMENT PURSUANT TO THIS SUBSECTION (9), THE
LIMITATIONS ON DAMAGES AND DEFENSES TO LIABILITY PROVIDED IN
SUBSECTIONS (2), (5), (6), (7), AND (8) OF THIS SECTION DO NOT APPLY, AND THE
COURT MAY AWARD ATTORNEY FEES AND COSTS TO THE CLAIMANT.
(f) (I) A CONSTRUCTION PROFESSIONAL'S WRITTEN OFFER OF
SETTLEMENT IS REASONABLE, AND A CLAIMANT'S REJECTION OF THE OFFER IS
UNREASONABLE, IF THE CLAIMANT RECOVERS A FINAL JUDGMENT IN AN
AMOUNT THAT IS LESS THAN THE AMOUNT OFFERED OR THE REASONABLE VALUE
OF THE REPAIR OFFERED BY THE CONSTRUCTION PROFESSIONAL.
(II) A CONSTRUCTION PROFESSIONAL'S WRITTEN OFFER OF SETTLEMENT
IS UNREASONABLE, AND A CLAIMANT'S REJECTION OF THE OFFER IS
REASONABLE, IF THE CLAIMANT RECOVERS A FINAL JUDGMENT IN AN AMOUNT
THAT EXCEEDS THE AMOUNT OFFERED OR THE REASONABLE VALUE OF THE
REPAIR OFFERED BY THE CONSTRUCTION PROFESSIONAL.".

Page 15, line 27, strike "CLAIM," and substitute "CLAIM OR EXPANDS THE
DEFINITION OF "ACTION" IN SECTION 13-20-802.5 (1).".

Page 16, strike lines 1 through 4.

Page 16, strike lines 14 and 15 and substitute "FOR PROGRAM CLAIMS,".

Page 20, line 8, strike "(a)".

Page 20, strike lines 11 through 27.

Page 21, strike lines 1 through 7.

Page 21, line 8, strike the second "(13)" and substitute "(13),".

Page 21, line 9, strike "CANCEL OR DENY A" and substitute "CANCEL, DENY, OR
REDUCE COVERAGE BASED ON ANY CLAIM FOR BENEFITS COVERED BY AN
EXISTING".

Page 22, line 27, before "MONETARY" insert "NET" and before "PROCEEDS"
insert "NET".

Senate Journal, April 16
HB25-1272 by Representative(s) Bird and Boesenecker, Pugliese, Armagost, Bradley, Caldwell,
Camacho, Clifford, Espenoza, Gilchrist, Gonzalez R., Hartsook, Keltie, Lindstedt, Phillips,
Rydin, Soper, Stewart R., Taggart, Weinberg, Winter T., Woog; also Senator(s) Coleman
and Roberts, Lundeen, Frizell, Michaelson Jenet, Mullica, Pelton B., Snyder--Concerning
housing.

Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, April 11, page(s) 798-800 and placed in members' bill files.)

Amendment No. 2(L.050), by Senator Coleman.

Amend the Senate Local Government and Housing Committee Report, dated
April 10, 2025, page 1, strike line 2 and substitute ""(4.5), (5.5),".".

Page 2 of the report, line 2, strike "CLAIM" and substitute "DEFECT".

Amend reengrossed bill, page 5, line 13, strike "SHALL" and substitute "SHALL,
SUBSEQUENT TO FILING THE PERMIT APPLICATION AND PRIOR TO THE ISSUANCE
OF A CERTIFICATE OF OCCUPANCY,".

Page 5 of the bill, line 27, after "(II)" insert "(A)".

Page 6 of the bill, line 3, after "IMPROVEMENT;" insert "OR
(B) WHO IS AN INSPECTOR ACTING UNDER THE DIRECTION OF AN
INSURER PROVIDING A COMMERCIAL GENERAL LIABILITY POLICY OF INSURANCE
PURCHASED TO INSURE THE SUBJECT RESIDENTIAL HOUSING UNIT AGAINST
PROPERTY DAMAGE RESULTING FROM DEFECTS IN THE DESIGN OR
CONSTRUCTION OF THE UNIT;".

Page 8 of the bill, line 11, strike "IN THE CHAIN OF TITLE".

Page 8 of the bill, line 12, after "RECORDS" insert "OF THE COUNTY IN WHICH
THE PROPERTY IS LOCATED".

Page 10 of the bill, strike lines 19 through 24 and substitute "RESULTED IN ONE
OR MORE OF THE FOLLOWING:
"(a) ACTUAL DAMAGE TO REAL OR PERSONAL PROPERTY;".

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

Senate Journal, April 17
HB25-1272 by Representative(s) Bird and Boesenecker, Pugliese, Armagost, Bradley, Caldwell,
Camacho, Clifford, Espenoza, Gilchrist, Gonzalez R., Hartsook, Keltie, Lindstedt, Phillips,
Rydin, Soper, Stewart R., Taggart, Weinberg, Winter T., Woog; also Senator(s) Coleman
and Roberts, Lundeen, Frizell, Michaelson Jenet, Mullica, Pelton B., Snyder--Concerning
housing.

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

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

Amend revised bill, page 11, line 5, strike "PERSONAL" and substitute "PERSON".

The amendment was passed on the following roll call vote:

YES 34 NO 1 EXCUSED 0 ABSENT 0
Amabile Y Daugherty Y Liston N Rodriguez Y
Baisley Y Exum Y Lundeen Y Simpson Y
Ball Y Frizell Y Marchman Y Snyder Y
Bridges Y Gonzales J. Y Michaelson Y Sullivan Y
Bright Y Hinrichsen Y Mullica Y Wallace Y
Carson Y Jodeh Y Pelton B. Y Weissman Y
Catlin Y Kipp Y Pelton R. Y Winter F. Y
Cutter Y Kirkmeyer Y Rich Y President Y
Danielson Y Kolker Y Roberts Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 32 NO 3 EXCUSED 0 ABSENT 0
Amabile Y Daugherty Y Liston Y Rodriguez Y
Baisley Y Exum Y Lundeen Y Simpson Y
Ball Y Frizell Y Marchman Y Snyder Y
Bridges Y Gonzales J. N Michaelson Y Sullivan Y
Bright Y Hinrichsen Y Mullica Y Wallace Y
Carson Y Jodeh Y Pelton B. Y Weissman N
Catlin Y Kipp Y Pelton R. Y Winter F. Y
Cutter Y Kirkmeyer Y Rich Y President Y
Danielson N Kolker Y Roberts Y