Bill
Number: S.B. 1271
Fann Floor Amendment
Reference to: JUDICIARY Committee amendment
Amendment drafted by: Grant Hanna
FLOOR AMENDMENT EXPLANATION
2. Establishes the Construction Liability Apportionment Study Committee (CLASC) consisting of three Senate members and three House members.
3. Requires CLASC to submit recommendations by December 15, 2018 regarding the use of indemnity provisions in construction contracts, allocation of liability based on fault and insurance costs associated with construction litigation.
Second Regular Session S.B. 1271
FANN FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1271
(Reference to JUDICIARY Committee amendment)
Page 1, strike lines 2 through 25
Strike page 2
Renumber to conform
Page 3, lines 14 and 20, strike "AND THE SELLER'S CONSTRUCTION PROFESSIONAL"
Line 22, strike "AND THE SELLER'S"
Line 23, strike "construction professional"
Line 26, after "seller" strike remainder of line
Line 27, strike "construction professional conduct" insert "conducts"
Line 28, strike "and the seller's construction professional"
Page 4, line 6, after "seller" strike remainder of line
Line 7, strike "professional intend" insert "intends"
Line 14, after "seller" strike remainder of line
Line 15, strike "INTEND" insert "intends"
Line 22, strike "and the seller's construction"
Line 23, strike "PROFESSIONAL"
Line 27, strike "professionals Professional" insert "professionals"
Line 29, strike "If requested by the"
Strike lines 30 through 32,
Page 5, strike lines 1 and 2, insert: "If requested by the purchaser, repair or replacement of alleged construction defects undertaken by the seller shall be performed by a construction professional selected by the seller and consented to by the purchaser, whose consent shall not be unreasonably withheld, that was not involved in the construction or design of the dwelling."
Lines 4 and 17, strike "professionals professional" insert "professionals"
Page 6, line 1, strike "professionals"
Page 6, line 2, strike "professional" insert "professionals"
Line 3, strike "professionals professional" insert "professionals"
Line 7, strike "Both ALL" insert "Both"
Line 10, strike "or the seller's construction professional"
Line 15, strike "AND THE"
Line 16, strike "seller's construction professional"
Line 26, strike "And the seller's construction professional"
Line 30, strike "OR"
Line 31, strike "The seller's construction professional"
Page 7, line 27, strike "professionals"
Line 28, strike "professional" insert "professionals"
Page 8, strike lines 4 through 32
Strike pages 9 and 10
Page 11, strike lines 1 through 25, insert:
"Sec. 2. Construction liability apportionment study committee; membership; duties; delayed repeal
A. The construction liability apportionment study committee is established consisting of the following members:
1. Three members of the senate who are appointed by the president of the senate, not more than two of whom are members of the same political party. The president of the senate shall designate one of these members to serve as cochairperson of the committee.
2. Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.
B. Committee members are not eligible to receive compensation, but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.
C. The study committee shall research and make recommendations for the apportionment of liability in the construction industry, including:
1. The use of an indemnity provision in construction contracts.
2. The allocation of liability based on degrees of fault.
3. The assignment of financial responsibility to negligent parties.
4. The opportunity to address and remedy alleged construction defects prior to litigation.
5. The frequency of construction defect litigation.
6. The affordability of insurance costs associated with construction claims.
D. The study committee may hold hearings, conduct fact-finding tours and take testimony from witnesses who may assist the study committee in fulfilling its responsibilities. All hearings of the study committee shall be open to the public.
E. The legislature shall provide staff and support services to the study committee.
F. The study committee shall submit a report regarding its findings and recommendations on or before December 15, 2018, to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
G. This section is repealed from and after June 30, 2019."
Amend title to conform