Mr. President and Mr. Speaker:
The Joint Conference Committee comprised of Sens. Hatch, Jenkins, and Fife, and
Reps. Morley, Wiley, and Clark, S., recommends 1st Sub. H.B. 160, CONSTRUCTION
STANDARD AMENDMENTS, by Representative M. Morley, with the following amendments:
A. Include all House amendments of the Lilac copy dated 2-16-2006.
a
Program created in this
Respectfully,
Sen. Hatch
Rep. Morley
Voting: 5-0-1
B. Do not include the Senate amendments.
C. Also include the following amendments:
1. Page
2, Lines 35 through 36
House Floor Amendments
2-16-2006
:
35
AMENDS:
36
38-1-7, as last amended by Chapter 64, Laws of Utah 2005
2. Page
2, Line 47
House Floor Amendments
2-16-2006
:
47
Be it enacted by the Legislature of the state of Utah:
38-1-2
.
"Contractors" and "subcontractors" defined.
Any
}
(1) Except for a person who contracts with an owner-builder,
shall be
}
is
considered an original
contractor, and
{
all
}
any
other
{
persons
}
person
doing work or
furnishing materials
{
shall be
}
is
considered
{
subcontractors
}
to be a
subcontractor
.
(a) "original contract" means a contract between an original contractor and
the owner of real property to furnish labor, equipment, or materials to the real
property;
(b) "original contract" does not include a contract between an owner-
builder and another person;
(c) an "original contract" is considered to exist between an owner-builder
and itself; and
(d) "owner-builder" means an owner of real property who obtains a
building permit for work on the owner's property that will consist of more than one
contract between the owner and any other person.
Renumber remaining sections accordingly.
3. Page
5, Lines 137 through 145
:
137
(h) "Original contract":
138
(i) means a contract between an original contractor, as that term is used in
Section
139
38-1-2
, and the owner of real property or the owner's agent to furnish labor,
equipment, or
140
materials to the property; and
141
(ii) does not include a contract between an owner-builder and another person.
142
(i) "Owner-builder" means an owner of real property who obtains a building
permit for
143
work on the owner's property that will consist of more than one contract between
the owner
144
and another person.
}
145
[
}
(h)
{
]
}
{
(j)
}
"Program" means the State Construction Registry
4. Page
13, Line 377
House Floor Amendments
2-16-2006
:
377
(1) (a) (i)
A
}
Except for a person who has a contract with an owner or
an owner-builder, a
subcontractor
{
or supplier
}
shall file a preliminary notice
with the database
5. Page
13, Line 391
House Floor Amendments
2-16-2006
:
391
(b) If a
subcontractor or supplier
}
person
files a preliminary notice
after the period prescribed
6. Page
13, Line 395
House Floor Amendments
2-16-2006
:
395
precludes a
subcontractor or supplier
}
person
from [filing] maintaining any
claim for compensation
7. Page
14, Line 398
:
398
notice, except as against the person with whom the
subcontractor or
supplier
}
person
contracted.
8. Page
14, Lines 417 through 418
House Floor Amendments
2-16-2006
:
417
(iii) Upon request by a
subcontractor or supplier
}
person identified in
Subsection 38-1-32(1)(a)(i)
, an original contractor shall provide
418
the
subcontractor or supplier
}
person
with the building permit number for
the project, or the number
9. Page
14, Lines 419a through 419b
House Floor Amendments
2-16-2006
:
419a
S.
(e) An original contractor, or other person who has a contract directly with
the owner of a
419b
construction project, need not file a preliminary notice under this section.
}
.S
Senate Chair, Conference Committee
House Chair, Conference Committee
17 HB0160.CC1.wpd 2/28/06 3:16 pm chrisparker/ CRP/RCN
Bill Number
*HB0160S01*
HB0160S01