March 10, 1999

Mr. President:

Your JUDICIARY COMMITTEE, to whom has been referred

has had it under consideration and reports same WITHOUT RECOMMENDATION, amended as follows:

1. On page 2, between lines 13 and 14, insert the following new subsection:

"B. Notwithstanding the provisions of Subsection A of this section, no action to recover damages for any injury to a residential home, a residence or an apartment house that accommodates not more than four family units, no action to recover damages for injury to a person or for bodily injury or wrongful death that arises out of the defective or unsafe condition of a physical improvement to a residential home, a residence or an apartment house that accommodates not more than four family units, and no action for contribution or indemnity for damages so sustained, against any person who performs or furnishes the construction or the design, planning, supervision, inspection or administration of construction of such improvement to a residential home, residence or apartment house that accommodates not more than four family units, and on account of such activity, shall be brought after ten years from the date of substantial completion of such improvement.".

2. Reletter the succeeding subsection accordingly.,

and thence referred to the PUBLIC AFFAIRS COMMITTEE.

Respectfully submitted,

_________________________________

Michael S. Sanchez, Chairman

Adopted_______________________ Not Adopted______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 4 For 2 Against

Yes: 4

No: Lopez, McSorley

Excused: Aragon, Tsosie

Absent: None

S0447JU1 .128781.1