Amendments for SB19-138
Senate Journal, March 1
After consideration on the merits, the Committee recommends that SB19-138 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, after line 1 insert:
"SECTION 1. Legislative declaration. (1) The general
assembly hereby finds and declares that:
(a) Under current law, taxpayers, subcontractors, and material
suppliers have payment protection on public construction projects
through bonding requirements and on private construction projects
through mechanic's liens, but no such payment protection exists on
construction projects using a public-private partnership funding
agreement.
(b) Bonding protects the public interest, tax dollars, and property
owned by the taxpayers of Colorado and helps ensure that subcontractors
and materials suppliers involved in the construction or repair of a public
property are paid.
(2) Now, therefore, it is the intent of the general assembly to
ensure that current payment and performance bonding requirements for
public construction projects apply to construction projects using a
public-private partnership funding agreement.".
Renumber succeeding sections accordingly.
Page 2, line 7, strike "PUBLIC REAL" and substitute "PUBLICLY OWNED".
Page 2, line 10, strike "(1)" and substitute "(1); and add (3)".
Page 2, line 12, strike "(a)".
Page 3, line 14, strike "(b)" and substitute "(3)".
Page 3, line 16, strike "CONSTRUCTION, COMPLETION, OR REPAIR" and
substitute "CONSTRUCTION OF ANY PUBLIC BUILDING OR THE
PROSECUTION OR COMPLETION OF ANY PUBLIC WORKS OR FOR REPAIRS
UPON ANY PUBLIC BUILDING OR PUBLIC WORKS".
Page 3, line 17, strike "PUBLIC REAL" and substitute "PUBLICLY OWNED".
Page 3, line 20, strike "(1)" and substitute "(1); and add (3)".
Page 3, line 21, strike "(a) A" and substitute "A".
Page 3, strike lines 22 through 27 and substitute "contractor who is
awarded a contract for more than fifty thousand dollars for the
construction, erection, repair, maintenance, or improvement of any
building, road, bridge, viaduct, tunnel, excavation, or other public works
for any county, city and county, municipality, school district, or other
political subdivision of the state, and a contractor who is awarded a
contract for more than one hundred fifty thousand dollars for the
construction, erection, repair, maintenance, or improvement of any
building, road, bridge, viaduct, tunnel, excavation, or other public works
for this state. Before entering upon the performance of any such work".
Page 4, strike lines 1 through 3.
Page 4, line 4, after "contract," insert "A CONTRACTOR".
Page 4, strike lines 17 through 22 and substitute:
"(3) THIS SECTION APPLIES TO:
(a) A CONTRACTOR WHO IS AWARDED A CONTRACT FOR MORE
THAN FIFTY THOUSAND DOLLARS FOR THE CONSTRUCTION, ERECTION,
REPAIR, MAINTENANCE, OR IMPROVEMENT OF ANY BUILDING, ROAD,
BRIDGE, VIADUCT, TUNNEL, EXCAVATION, OR OTHER PUBLIC WORKS FOR
ANY COUNTY, CITY AND COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR
OTHER POLITICAL SUBDIVISION OF THE STATE;
(b) A CONTRACTOR WHO IS AWARDED A CONTRACT FOR MORE
THAN ONE HUNDRED FIFTY THOUSAND DOLLARS FOR THE CONSTRUCTION,
ERECTION, REPAIR, MAINTENANCE, OR IMPROVEMENT OF ANY BUILDING,
ROAD, BRIDGE, VIADUCT, TUNNEL, EXCAVATION, OR OTHER PUBLIC
WORKS FOR THIS STATE; AND
(c) ALL CONTRACTS FOR MORE THAN ONE HUNDRED FIFTY
THOUSAND DOLLARS AWARDED TO A PRIVATE ENTITY FOR THE
CONSTRUCTION, ERECTION, REPAIR, MAINTENANCE, OR IMPROVEMENT OF
ANY BUILDING, ROAD, BRIDGE, VIADUCT, TUNNEL, EXCAVATION, OR
OTHER PUBLIC WORKS THAT IS SITUATED OR LOCATED ON PUBLICLY
OWNED PROPERTY USING ANY PUBLIC OR PRIVATE MONEY OR PUBLIC OR
PRIVATE FINANCING.".
Finance
House Journal, March 22
43 SB19-138 be amended as follows, and as so amended, be referred to
44 the Committee of the Whole with favorable
45 recommendation:
46
47 Amend reengrossed bill, page 5, line 21, after "AWARDED" insert "BY ANY
48 COUNTY, CITY AND COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR OTHER
49 POLITICAL SUBDIVISION OF THE STATE".
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51