S.B. 03-70 Payment procedures - public works construction project - requirements for contractors' bonds - no appropriation. In connection with payment procedures for a public works construction project, creates provisions addressing funds disbursed to a contractor to be held in trust and excessive amounts claimed that mirror existing provisions for general mechanics' liens applicable to private projects, including provisions that:
● Require all funds disbursed to any contractor or subcontractor under any contract or project to be held in trust for the payment of any person that has furnished labor, materials, sustenance, or other supplies used or consumed by the contractor in or about the performance of the work contracted to be done or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work where the person has:
● Filed or may file a verified statement of a claim arising from the project; or
● Asserted or may assert a claim against a principal or surety for whom or which such disbursement was made.
● Specify that the requirement that funds be held in trust shall not be construed to require a contractor or subcontractor to hold in trust any funds that have been disbursed to him or her for any person that has furnished labor, materials, sustenance, or other supplies used or consumed by the contractor or his or her subcontractor in the performance of the work contracted to be done; supplied laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work; filed or may file a verified statement of a claim arising from the project; or asserted or may assert a claim against a principal or surety that has furnished a bond if:
● The contractor or subcontractor has a good faith belief that the verified statement of a claim or bond claim is not valid; or
● The contractor or subcontractor, in good faith, claims a setoff, to the extent of the setoff.
● Require each contractor or subcontractor to maintain separate records of account of each project or account, but specify that nothing shall be construed to require a contractor or subcontractor to deposit trust funds from a single project in a separate bank account solely for that project as long as the trust funds are not disbursed in a prohibited manner.
● Specify that any person who violates the provisions requiring that certain funds be disbursed commits theft.
● Require any person who files a verified statement of a claim or asserts a claim against a principal or surety that has furnished a bond for an amount greater than the amount due without a reasonable possibility that the amount claimed is due and with the knowledge that the amount claimed is greater than the amount due, and that fact is demonstrated in any proceedings, to forfeit all rights to the amount claimed and to be liable to the following in an amount equal to all costs and all attorney fees reasonably incurred in bonding over, contesting, or otherwise responding in any way to the excessive verified statement of claim or excessive bond claim:
● The person to whom or which a disbursement would be made but for the verified statement of a claim or bond claim; or
● The principal and surety on the bond.
Specifies that the act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out its purposes.
APPROVED by Governor May 14, 2003
EFFECTIVE September 1, 2003
S.B. 03-251 Elimination of existing uses through amortization - prohibition. Makes legislative findings and declares that the protection of the inalienable property rights of persons whose initially lawful property uses may be terminated or eliminated through amortization of nonconforming uses is a matter of statewide concern. Prohibits a local government from enacting or enforcing an ordinance, resolution, or regulation that allows a nonconforming property use that was lawful at the time of its inception to be terminated or eliminated by amortization. Defines "local government" to mean a county, city and county, town, or home rule or statutory city.
APPROVED by Governor June 6, 2003
EFFECTIVE June 6, 2003
H.B. 03-1008 Conservation easements - water. Authorizes the owner of a water right beneficially used on a land or water area to create a conservation easement in the water right. States that a conservation easement that encumbers water or a water right may be created only by the voluntary act of the owner of the water or water right, and provides that the easement may be made revocable by the instrument creating it. Specifies that if a water right is represented by shares in a mutual ditch or reservoir company, a conservation easement in that water right may be created only after 60 days' notice and in accordance with the applicable requirements of the mutual ditch or reservoir company, including its articles of incorporation and bylaws.
APPROVED by Governor April 17, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.
H.B. 03-1046 Conservation easement - creation by reservation. Specifies that a conservation easement in gross may be created through a reservation by a governmental entity or a charitable organization.
APPROVED by Governor April 17, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1089 Condemnation proceeding - attorney fees - reimbursement to property owner. Requires a condemning authority in certain eminent domain proceedings and under specific circumstances to reimburse a property owner for the owner's reasonable attorney fees.
APPROVED by Governor June 6, 2003
EFFECTIVE July 1, 2003
H.B. 03-1194 Real property - instruments - errors. Removes the requirement that 2 instruments concerning titles to real estate with variances be recorded for 3 years at a county clerk and recorder's office before insignificant variances in the name are presumed to be the same person in such instruments. Repeals a similar provision dealing with 2 insignificant variations that creates such a presumption that only arises after both instruments have been recorded for 20 years in the county clerk and recorder's office.
Authorizes a qualified party to file an affidavit attesting to facts that concern a possible scrivener's error on a chain of title to real estate. Makes such affidavit prima facie evidence of such facts.
APPROVED by Governor April 1, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
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