ENGROSSED SENATE
BILL NO. 2236	By:	Coates and Johnson (Constance) of the Senate

			and

		Jones of the House

An Act relating to construction projects; creating the Construction Project Information Sharing Act; providing short title; authorizing the Construction Industries Board to develop Internet-based information sharing website for certain purpose; requiring certain consent to participate in website; stating purpose of information sharing; stating who may participate; requiring terms and condition agreement for participation; stating purpose and authority of certain agreement; prohibiting inclusion of information without consent of certain persons; requiring certain security provisions for access; prohibiting public access to certain information; allowing limited public access under certain conditions; requiring a project code for certain purpose; directing posting of certain notice at commencement of project; stating information to be posted to certain account during duration of project; allowing notice of completion to be publically posted; construing completion of project; allowing preliminary lien notices to be posted; limiting effect of preliminary lien notice; making preliminary lien notices invalid as official notice; allowing amendments to posted information; prohibiting overwriting original information when amended; authorizing all subcontractors to participate in information sharing; prohibiting requirement for subcontractors to participate; authorizing automatic prompts for certain purposes; allowing alternative notifications; granting civil immunity for certain information; requiring certain statement be included in certain agreement; authorizing the Construction Industries Board to charge a fee; requiring fee be established and disclosed in certain agreement; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3000 of Title 59, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Construction Project Information Sharing Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3000.1 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Construction Industries Board is authorized to develop an Internet-based information sharing website to record and publish specific information about construction projects with the consent of all parties to the construction project contract.
B.  The information sharing website shall be designed to provide the participating parties with an easy way to stay informed on the status of their construction project, the dates for delivery of materials, services and equipment to the project, indications when payments may be due, and other pertinent information during the duration of the individual project.  The consenting parties may include, but shall not be limited to, the participating architects, investors, owners, real estate developers, general contractors, subcontractors, sub-subcontractors, lenders, legal counsel, persons who provide goods, services and/or equipment for the construction project, and other parties designated in the terms and conditions agreement for participation in the information sharing website.
C.  Each party to the construction project shall be required to affirm or sign a terms and conditions agreement which shall authorize the Construction Industries Board or its agent to post the construction project information on the Internet-based information sharing website under a secure project code account number, and further to authorize the receiving and transmission of information from each participating party on the project through an individual project account.  No construction project may be included on the information sharing website without the consent of the real property owner and the general contractor for the construction project.  The website shall have sufficient security provisions to only allow the participating parties to access their individual project account.  The public shall not have access to any project detail page, project code, or individual account.  The public may have access to the address or location of a construction project, the name and address of the general contractor for that project, and the dates of commencement and completion of the project, if the parties to the construction project have agreed to participate in the information sharing website.  Individual projects shall be given a project code for access to the website individual account page, and only the participating parties under that project code shall be able to access and review or enter information to that account.  When the parties to a construction project agree to participate in the information sharing website and the project is commenced, a Notice of Commencement shall be posted publically on the website, and in addition, the notice shall be posted to the individual project code account.  Periodically during the completion of the project, other information may be posted to the individual project account, including, but not limited to, dates of issuance of permits; dates of delivery of materials, services or equipment; names and addresses of persons providing materials, services or equipment; dates of invoices or requests for payment; dates for inspections; inspection reports; lender inquiries; financing status; preliminary lien statements; and the occupancy permit or Notice of Completion.  The Notice of Completion shall be posted publically when the project is subject to an information sharing agreement, and in addition, the notice shall be posted to the individual project code account.  A project shall be deemed completed upon the issuance of an occupancy permit or the actual completion of the project, whichever is first.
D.  Preliminary lien notices may also be posted to an individual project account with the consent of all participating parties to the information sharing agreement, but nothing in the posting of any preliminary lien notice under this act shall be construed to have the force or effect of law relating to preliminary lien or lien notices required by law.  Preliminary lien notices filed in individual project accounts pursuant to the provisions of this act shall not be valid as official lien notice.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3000.2 of Title 59, unless there is created a duplication in numbering, reads as follows:
Any party that has agreed to participate in the construction project information sharing website may file modifications and amendments to the scope of the project or to any previously posted information on the individual account page at anytime.  Amendments shall be appended to a project's data, and therefore the data contained in an original posting shall not be overwritten.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3000.3 of Title 59, unless there is created a duplication in numbering, reads as follows:
All subcontractors and suppliers providing services, materials and/or equipment to a construction project where the general contractor and owners are participating in the construction project information sharing website may also participate in the information sharing website by affirming or signing a terms and condition agreement for participation and access to the individual project account code; provided, however, no subcontractor or sub-subcontractor shall be required to participate in the information sharing website.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3000.4 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Construction Industries Board may design the construction project information sharing website to automatically prompt participating parties when information is posted to, transmitted, or amended in their individual project account.  In addition, the Board may provide alternative methods for notifying participants of posted and transmitted information; provided, however, the Board, and its employees, agents, officers, and assigns, shall not be liable for, and are granted immunity from civil liability for, any information posted to, transmitted by, or for failure to post or deliver any information by, the website, individual account holders or alternative methods.
B.  The terms and conditions agreement for participation in the information sharing website shall contain a statement informing all participating parties that participation in the construction project information sharing website is strictly voluntary, and due to the Internet being regarded as a nonsecure information source, all participating parties should decide whether the risks and benefits of sharing information for the construction project are acceptable before agreeing to participate in the information sharing website.
C.  The Construction Industries Board may charge a reasonable fee for establishing a construction project individual account page.  The fee shall be established annually by the Board and disclosed in the terms and conditions agreement.
SECTION 6.  This act shall become effective July 1, 2010.
SECTION 7.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 4th day of March, 2010.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2010.

	
Presiding Officer	of the House
	of Representatives