Amendment No. 63

 

Senate Amendment to Senate Bill No. 206                                                                           (BDR 9‑755)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 5, page 2, line 11, after “cessation of” by inserting “all”.

     Amend the bill as a whole by deleting sec. 7 and adding:

     “Sec. 7. (Deleted by amendment.)”.

     Amend sec. 23, page 4, line 35, before “labor” by inserting:

planning, design, geotechnical and environmental investigations, surveying,”.

     Amend sec. 26, page 6, line 21, by deleting “or” and inserting “and”.

     Amend sec. 26, page 8, line 26, by deleting “all”.

     Amend sec. 30, page 15, line 20, before “claimant” by inserting “lien”.

     Amend sec. 30, page 15, between lines 29 and 30, by inserting:

FLUSH

 
Assessor’s Parcel Numbers”.

     Amend sec. 30, page 15, line 37, by deleting “change orders,” and inserting:

changes and additions,”.

     Amend sec. 38, page 24, line 40, before “owner;” by inserting “disinterested”.

     Amend sec. 38, page 25, between lines 6 and 7, by inserting:

     “4.  As used in this section, “disinterested owner” means an owner who did not personally or through his agent or representative, directly or indirectly, request, require, authorize, consent to or cause a work of improvement, or any portion thereof, to be constructed, altered or repaired upon the property of the owner. The term must not be interpreted to invalidate a notice of nonresponsibility recorded pursuant to this section or to deny the rights granted pursuant to this section upon the recording of a notice of nonresponsibility because:

     (a) The disinterested owner is a lessor or an optionor under a lease that requests, requires, authorizes or consents to the lessee causing the work of improvement; and

     (b) The lessee personally or through his agent or representative enters into a contract for improvements constructed, altered or repaired upon the property.”.

     Amend sec. 41, page 27, line 17, by deleting “owner.” and inserting:

owner or other person defending against the lien claim if the court finds that the notice of lien was pursued by the lien claimant without a reasonable basis in law or fact.”.

     Amend sec. 45, page 31, lines 36 and 40, before “lien,” by inserting “notice of”.

     Amend sec. 48, page 34, line 24, by deleting “action” and inserting:

action, or if no action has been commenced, file a petition with the court,”.

     Amend sec. 48, page 34, line 39, by deleting “motion.” and inserting:

motion or petition.”.

     Amend sec. 49, page 35, by deleting lines 39 and 40 and inserting:

“discharge or defeat the right to perfect [such] the lien, if [such claim] the lien is reassigned to the lien claimant, and thereafter [such lien”.

     Amend sec. 51, page 36, between lines 26 and 27, by inserting:

FLUSH

 
Assessor’s Parcel Numbers”.

     Amend sec. 53, page 38, by deleting lines 35 and 36 and inserting:

A lien claimant who is required by this section to give a notice of right to lien to an owner and who gives such a notice has a right to lien for materials or equipment furnished or for work or services performed in the 31 days before the date the notice of right to lien is given and for the materials or equipment furnished or for work or services performed anytime thereafter until the completion of the work of improvement.”.