NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 08-1020
      
      
      BY REPRESENTATIVE(S) Madden, Benefield, Carroll M., Carroll T.,
      Frangas, Labuda, Levy, McGihon, Merrifield, Pommer, Solano, and Todd;
      also SENATOR(S) Veiga.
      
      
      Concerning recovery of costs in a case in which the plaintiff
           receives a judgment that is less than a rejected settlement
           offer.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  13-17-202 (1) (a) (II), Colorado Revised Statutes, is
      amended to read:
      
           13-17-202.  Award of actual costs and fees when offer of
      settlement was made.  (1) (a)  Notwithstanding any other statute to the
      contrary, in any civil action of any nature commenced or appealed in any
      court of record in this state:
      
           (II)  If the defendant serves an offer of settlement in writing at any
      time more than fourteen days before the commencement of the trial that is
      rejected by the plaintiff, and the plaintiff does not recover a final judgment
      in excess of the amount offered, then the defendant shall be awarded actual
      costs accruing after the offer of settlement to be paid by the plaintiff. 
      However, as provided in section 13-16-104, if the plaintiff is the
      prevailing party in the action, the plaintiff's final judgment shall
      include the amount of the plaintiff's actual costs that accrued
      prior to the offer of settlement.
      
           SECTION 2.  Effective date - applicability.  This act shall take
      effect July 1, 2008, and shall apply to offers of settlement made on or after
      said date.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                        Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO