CO HB1272

Repeals the provision in Colorado law that awarded defendants reasonable attorney fees when tort cases were dismissed on motion prior to trial under Rule 12(b) of the Colorado Rules of Civil Procedure.

Exempts good faith, non-frivolous claims filed to extend, limit, modify, or reverse existing precedent, law, or regulation from the attorney fee provision.

Exempts claims filed to establish the meaning, lawfulness, or constitutionality of a law, regulation, or constitutional right that has not been determined by the Colorado Supreme Court or U.S. Supreme Court.

Requires parties asserting exemptions to plead in their complaint, counterclaim, or cross claim that the case falls under the exemption categories and identify the precedent they seek to challenge or indicate whether the issue is a matter of first impression.

Treats Rule 12(b) motions as motions for summary judgment under Rule 56 of the Colorado Rules of Civil Procedure and applies the safety clause declaring the act necessary for immediate preservation of public peace, health, or safety.