UGENTI SUBSTITUTE FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1231
I move the following SUBSTITUTE amendment to the GOVERNMENT Committee
Amendment to
SENATE BILL 1231 (Reference to Senate engrossed bill)
Page 2, line 37, strike "the bona fide employees of" insert "persons employed by"
Page 5, line 5, after "fees" insert "and court costs"
Lines 6 and 7, strike "the" insert "such"
Line 9, after the period insert "A subcontract or design professional services subcontract entered into in connection with a public building or improvement may also require any subcontractor or design professional to indemnify and hold harmless the agent and that contractor, subcontractor, or design professional who executed the subcontract, and their respective owners, officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by negligence, recklessness or intentional wrongful conduct of the indemnifying subcontractor or design professional, or other persons employed or used by the indemnifying subcontractor or design professional in connection with the subcontract. Nothing in this section shall prohibit the requirement of insurance coverage that complies with this section, including the designation of any person as an additional insured on a general liability insurance policy or as a designated insured on an automobile liability policy provided in connection with a construction contract or subcontract or design professional services contract or subcontract."
Line 13, strike "may" insert "shall"
Strike lines 26 through 28, insert:
"E. If any provision or condition contained in this section conflicts with any provision of a contract between the state or a political subdivision of the state and the federal government, such provision of this section in conflict shall not apply to any construction contract or subcontract, or design professional services contract or subcontract to the extent such conflict exists, but all provisions of this section with which there is no such conflict shall apply."
Page 5, line 38, strike "operation, management,"
Page 6, line 7, strike "operation, management,"
Between lines 9 and 10, insert:
"4. "Other person employed or used" means a subcontractor to a contractor or design professional in any tier, or any other person or entity who performs work or design professional services, or provides labor, services, materials or equipment in connection with a construction contract or subcontract or design professional service contract or subcontract subject to this section."
Page 8, line 9, strike "the bona fide employees of" insert "any person employed by"
Page 10, strike lines 20 through 26, insert:
"A. A covenant, clause or understanding in, collateral to or affecting a construction contract or subcontract or architect‑engineer professional service contract or subcontract that purports to indemnify, to hold harmless or to defend the promisee of, from or against liability for loss or damage resulting from the negligence of the promisee or the promisee's agents, employees or indemnitee is against the public policy of this state and is void.
Reletter to conform
Line 33, strike "contractor, subcontractor or"
Line 35, strike "contracting agent" insert "state purchasing agency, state governmental unit or property owner"
Line 36, strike "construction contract or subcontract or"
Line 37, strike "contractor, subcontractor or"
Line 38, strike "agent" insert "state purchasing agency, state governmental unit or property owner"
Line 40, after "fees" insert "and court costs"
Line 41 strike "the CONTRACTOR,"
Line 42, strike "subcontractor or" insert "such"; strike "the"
Line 43, strike "contractor, subcontractor or" insert "such"
Page 10, line 44, after the period insert "A design professional services subcontract entered into in connection with a public building or improvement may also require any design professional to indemnify and hold harmless the purchasing agency, state governmental unit, or property owner and the indemnified design professional who executed the subcontract, and their respective owners, officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of such design professional, or persons employed or used by the indemnifying design professional in connection with the subcontract. Nothing in this section shall prohibit the requirement of insurance coverage that complies with this section, including the designation of the state, state purchasing agency, state governmental unit or property owner as an additional insured on a general liability insurance policy or as a designated insured on an automobile liability policy provided in connection with a construction contract or subcontract or design professional services contract or subcontract.
D. A covenant, clause or understanding in, collateral to or affecting a design professional services subcontract that purports to indemnify, to hold harmless or to defend the promisee of, from or against liability for loss or damage resulting from the negligence of the promisee or the promisee’s agents, employees or indemnitee is against the public policy of this state and is void."
Reletter to conform
Page 11, line 1, strike "B" insert "C"; strike "construction"
Line 2, strike "contract or subcontract or"
Line 4, strike "may" insert "shall"; strike "the contractor, subcontractor or" insert "A"
Line 5, strike "contracting agent" insert "state purchasing agency, state governmental unit or property owner"
Line 8, strike "B" insert "C"
Line 10, strike "A C" insert "A"
Page 11, strike lines 17 through 19, insert:
"G. If any provision or condition contained in this section conflicts with any provision of a contract between the state or a political subdivision of the state and the federal government, such provision of this section in conflict shall not apply to any construction contract or subcontract, or design professional services contract or subcontract to the extent such conflict exists, but all provisions of this section with which there is no such conflict, shall apply."
Line 29, strike "operation, management,"
Line 35, strike "the bona fide employees of" insert "any person employed by"
Line 43, strike "operation, management,"
After line 45, insert:
"4. "Other person employed or used" means a subcontractor to a contractor or design professional in any tier, or any other person or entity who performs work or design professional services, or provides labor, services, materials or equipment in connection with a construction contract or subcontract or design professional service contract or subcontract subject to this section.
Sec. 5. Effective date
This act does not affect construction contracts or design professional services contracts entered into before the effective date of this act, or construction subcontracts or design professional services subcontracts relating to construction contracts or design professional services subcontracts entered into before the effective date of this act."