1st Sub.
H.B.
105
CONSTRUCTION FILING AMENDMENTS
house floor
Amendments
Amendment 2 February 14, 2005 2:48 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
10, Line 298
:
298
cost of the division's oversight under Subsection (2)(b).
(5)(a) The database is classified as a public record under Title 63, Chapter 2, Government Records
Access and Management Act, unless otherwise classified by the division.
(b) A request for information submitted to the designated agent is not subject to Title 63, Chapter 2,
Government Records Access and Management Act.
(c) Information contained in a public record contained in the database shall be requested from the
designated agent.
(d) The designated agent may charge a commercially reasonable fee allowed by the designated agent's
contract with the division for providing information under Subsection (5)(c)r.
(e) Notwithstanding Title 63, Chapter 2, Government Records Access and Management Act, if
information is available in a public record contained in the database, a person may not request the
information from the division.
(f)(i) A person may request information that is not a public record contained in the database from the
division in accordance with Title 63, Chapter 2, Government Records Access and Management Act.
(ii) The division shall inform the designated agent of how to direct inquiries made to the designated
agent for information that is not a public record contained in the database.
3. Page
10, Line 299
:
299
{
(5)
}
(6)
The following are not an adjudicative proceeding under Title 63, Chapter 46b,
4. Page
11, Line 305
:
305
{
(6)
}
(7)
The division and the designated agent need not determine the timeliness of any
5. Page
11, Line 307
:
307
{
(7)
}
(8)
(a) A person who is delinquent on the payment of a fee established under
6. 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);
7. 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:
8. Page
23, Line 683
:
683
{
(8)
}
(7)
A fee determined by the division under Section
63-38-3.2
shall be deducted from
9. Page
23, Line 685
:
685
{
(9)
}
(8)
The requirements of Subsections (4)(a) and (4)(b) may be satisfied if an owner or
10. 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.02.wpd
ChrisParker
ChrisParker