Amendment No. 108

 

Senate Amendment to Senate Bill No. 241                                                                           (BDR 3‑156)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB241 (§ 31.5).

 

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. 31, page 10, line 35, after “act,” by inserting:

the claimant or”.

     Amend sec. 31, page 10, line 39, by deleting “shall” and inserting:

shall, pursuant to its regulations, rules and procedures,”.

     Amend the bill as a whole by adding a new section designated sec. 31.5, following sec. 31, to read as follows:

     “Sec. 31.5. 1.  In carrying out the duties assigned to it pursuant to the provisions of this chapter, the State Contractors’ Board may, as necessary:

     (a) Adopt regulations and charge and collect reasonable fees;

     (b) Recover its administrative, investigative and legal costs from contractors and subcontractors who are parties to proceedings before the State Contractors’ Board pursuant to the provisions of this chapter; and

     (c) Delegate its authority to investigators, hearing officers, hearing panels and other appropriate persons.

     2.  The State Contractors’ Board and its members and the employees and agents of the State Contractors’ Board are not liable in a civil action for any act performed in good faith and within the scope of the duties assigned to the State Contractors’ Board pursuant to the provisions of this chapter.”.

     Amend the bill as a whole by deleting sec. 41 and adding:

     “Sec. 41. (Deleted by amendment.)”.

     Amend the bill as a whole by deleting sec. 57 and adding new sections designated sections 57 through 59, following sec. 56, to read as follows:

     “Sec. 57. Notwithstanding the provisions of section 27 of this act, until the standard form for providing notice of a constructional defect is made available to the public by the State Contractors’ Board, a claimant must provide the written notice required by section 27 of this act through the use of any document that clearly and adequately conveys the information set forth in section 27 of this act.

     Sec. 58. Notwithstanding the provisions of section 31 of this act, a claimant or a contractor, subcontractor, supplier or design professional may not submit a dispute to the State Contractors’ Board pursuant to the provisions of section 31 of this act before October 1, 2003.

     Sec. 59. 1.  This section and sections 1 to 51, inclusive, and 53 to 58, inclusive, of this act become effective upon passage and approval.

     2.  Section 52 of this act becomes effective upon passage and approval for the purpose of adopting regulations and developing any necessary forms, rules and procedures and on October 1, 2003, for all other purposes.”.