Bill Summary for Bill Number SB09-137

Date: 03/19/2009

Final
BILL SUMMARY for SB09-137

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer Senate Bill 09-137 to the Committee of the W	PASS

02:57 PM -- Senate Bill 09-137

Representative Baumgardner, sponsor, presented Senate Bill 09-137 concerning the timely payment of debts in relation to a waiver of the right to attach a property lien. The bill requires a property lien waiver for a construction loan to contain a statement that all debts associated with the lien have been paid or will be paid. It makes it a class 1 misdemeanor to knowingly fail to timely pay the debts covered by the lien waiver. Representative Baumgardner distributed an information packet about the bill (Attachment C). He responded to questions from the committee.

03:12 PM -- Jery Payne, Office of Legislative Legal Services, answered committee questions about the bill.

03:17 PM -- Rocky Gentry, West Point Interiors, spoke in support of the bill. Mr. Gentry discussed accountability of individuals in the construction business. He talked about unethical builders who do not pay their bills, which adversely affects subcontractors. He stated that subcontractors do not have a voice or the power to force contractors to pay for services. Mr. Gentry responded to questions from the committee.

03:41 PM -- Steve Fisher, High Country Plumbing, spoke in support of the bill. Mr. Fisher described details of his experience with homebuilders who do not pay their subcontractors. He discussed the difficulty inherent in recovering money through the civil system. Civil litigation is expensive. He stated his belief that attaching a criminal penalty will act as a deterrent to such builders. Mr. Fisher responded to questions from the committee.

03:50 PM

Representative Baumgardner wrapped up his presentation of the bill and asked for the committee's favorable recommendation. Members of the committee commented about their positions on the bill.


BILL:	SB09-137
TIME:	03:59:18 PM
MOVED:	Roberts
MOTION:	Refer Senate Bill 09-137 to the Committee of the Whole with a favorable recommendation. The motion passed on 8-2, with 1 excused.
SECONDED:	Gardner B.
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	No

Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS