1st Sub.
H.B.
105
CONSTRUCTION FILING AMENDMENTS
house floor
Amendments
Amendment 1 February 10, 2005 4:26 pm
Representative Michael T. Morley
proposes the following amendments:
1. Page
2, Lines 46 through 48
:
46
.
{
provides that a qualified beneficiary may recover from the Residence Lien Recovery
47
Fund only if the qualified beneficiary files an action within 180 days after a notice
48
of claim is filed under Section 38-1-7
}
addresses requirements for a qualified beneficiary's recovery
from the Residence Lien Recovery Fund
; and
2. Page
21, Line 638 through Page 22, Line 646
:
638
(d) (i)
unless precluded from doing so by the nonpaying party's bankruptcy filing within the
applicable time,
the qualified beneficiary filed
{
:
639
(A) an action against the nonpaying party to recover monies owed to the qualified
640
beneficiary within 180 days from the date the qualified beneficiary [last provided qualified
641
services] filed a notice of claim under Section
38-1-7
, unless precluded from doing so by the
642
nonpaying party's bankruptcy filing within the 180 days [after completion of services] from the
643
date the qualified beneficiary filed the notice of claim; and
644
(B) a notice of commencement of action with the division within 30 days from the date
645
the qualified beneficiary filed the civil action if a civil action was filed as required by
646
Subsection (4)(d)(i)(A);
}
an action against the nonpaying party to recover monies owed to the
qualified beneficiary within the earlier of:
(A) 180 days from the date the qualified beneficiary filed a notice of claim under Section 38-1-7; or
(B) 270 days from the completion of the original contract pursuant to Subsection 38-1-7(1);
3. Page
22, Line 671 through Page 23, Line 679
:
671
{
(6) If a qualified beneficiary fails to file the notice with the division required under
672
Subsection (4)(d)(i)(B), the claim of the qualified beneficiary shall be paid:
673
(a) if otherwise qualified under this chapter;
674
(b) to the extent that the limit of Subsection
38-11-203
(4)(a) has not been reached by
675
payments from the fund to qualified beneficiaries who have complied with the notice
676
requirements of Subsection (4)(d)(i)(B); and
677
(c) in the order that the claims are filed by persons who fail to comply with Subsection
678
(4)(d)(i)(B), not to exceed the limit of Subsection
38-11-203
(4)(a).
}
679
{
(7)
}
(6)
To recover from the fund a laborer shall:
4. Page
23, Line 683
:
683
{
(8)
}
(7)
A fee determined by the division under Section
63-38-3.2
shall be deducted from
5. Page
23, Line 685
:
685
{
(9)
}
(8)
The requirements of Subsections (4)(a) and (4)(b) may be satisfied if an owner or
6. Page
23, Line 696
:
696
{
(10)
}
(9)
The director shall have equitable power to determine if the requirements of
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hb0105s01.hfa.01.wpd
ChrisParker
ChrisParker