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s_blt_2017a_2017-02-08t14:07:58z0 Hearing Summary

Date: 02/08/2017

Location: SCR 354

Final

BILL SUMMARY for SB17-045



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY


Votes: View--> Action Taken:
Adopt amendment L.006 (Attachment B). The motion p

Refer Senate Bill 17-045, as amended, to the Commi
Pass Without Objection

PASS







02:08 PM -- SB 17-045



Senator Grantham and Senator A. Williams introduced Senate Bill 17-045, concerning a requirement for equitable allocation of the costs of defending a construction defect claim. In civil suits brought to court as a result of an alleged construction defect, this bill allows an insurance company to request that the court apportion the defense costs equitably among all liability insurers who have a duty to defend against the claim. The bill requires that the district court set the contribution claim within 90 days after the filing of the action, and promptly resolve the case. The district court is required to enter such orders as are necessary to hold an expedited evidentiary hearing. Following a final judgement resolving all claims, any insurer may apply to the district court for a final apportionment of the defense costs, and the district court must equitably allocate defense costs among the insurers.



02:21 PM --
Kelly Campbell, Property Casualty Insurers, spoke in support of the bill. She responded to questions from the committee.



02:29 PM --
Stacy Scherer, Mountain States Insurance, responded to questions from the committee.



02:32 PM --
Benton Barton, Hall and Evans, LLC, spoke in support of the bill.



02:37 PM --
Mark Hillman, Colorado Civil Justice League, spoke in support of the bill.



02:41 PM --
Dan Jablan, Farmers Insurance, spoke in support of the bill.



02:45 PM --
Bob Strine, American Council of Engineering Companies Colorado, spoke about the impact of the bill in relation to design professional's insurance. He provided a handout to the committee (Attachment A).



170208 AttachA.pdf170208 AttachA.pdf



02:49 PM --
Scott Deering, American Subcontractors Association, spoke about the bill. He responded to questions from the committee.



02:53 PM --
Nikolaus Remus, American Institute of Architects Colorado, spoke about concerns he had with the bill related to architects' liability.



02:55 PM --
Jeremy Schupbach, Colorado Bar Association, discussed the Association's interest in the bill.



02:57 PM --
John Mill, Colorado Association of Mechanical and Plumbing Contractors, spoke in opposition to the bill without amendment. He responded to questions from the committee.



03:16 PM --
Michael Gifford, Associated General Contractors, spoke in opposition to the bill without amendment. He responded to questions from the committee.



03:23 PM --
David Lueders, Haseldon Construction, spoke in opposition to the bill without amendment.



03:26 PM --
Dave Davia, Association of Mechanical Plumbing Contractors, spoke in opposition to the bill without amendment.



03:31 PM --
Scott Wilkinson, Colorado Association of Homebuilders, spoke in opposition to the bill without amendment.



03:40 PM --
Dennis Polk, representing himself, spoke in opposition to the bill without amendment.





03:48 PM



Senator Williams read a letter to the committee.



03:49 PM --
Karen Kellan, representing herself, spoke about the bill.



03:52 PM



Senator Williams made closing comments on the merits of the bill.


BILL: SB17-045
TIME: 03:52:41 PM
MOVED: Williams A.
MOTION: Adopt amendment L.006 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170208 AttachB.pdf170208 AttachB.pdf

BILL: SB17-045
TIME: 04:08:22 PM
MOVED: Williams A.
MOTION: Refer Senate Bill 17-045, as amended, to the Committee on Appropriations. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Jahn
No
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS














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