COMMITTEE ON GOVERNMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1231
(Reference to Senate engrossed bill)
Page 5, 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 BUT ONLY TO THE EXTENT CAUSED BY THE 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."
Line 18, after the period insert "NOTHING IN THIS SECTION SHALL PROHIBIT THE REQUIREMENT OF INSURANCE COVERAGE THAT COMPLIES WITH SUBSECTION B of this section, IN CONNECTION WITH A CONSTRUCTION CONTRACT OR SUBCONTRACT OR DESIGN PROFESSIONAL SERVICES CONTRACT OR SUBCONTRACT."
Between lines 28 and 29, insert:
"F. 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 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."
Reletter to conform
Page 10, line 44, 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 BUT ONLY TO THE EXTENT CAUSED BY THE 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."
Page 11, line 9, after the period insert "NOTHING IN THIS SECTION SHALL PROHIBIT THE REQUIREMENT OF INSURANCE COVERAGE THAT COMPLIES WITH SUBSECTION B of this section, IN CONNECTION WITH A CONSTRUCTION CONTRACT OR SUBCONTRACT OR DESIGN PROFESSIONAL SERVICES CONTRACT OR SUBCONTRACT."
Between lines 19 and 20, insert:
"F. 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 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."
Reletter to conform
Amend title to conform