ENGROSSED SENATE
BILL NO. 1948 	By:	Coates of the Senate

			and

		Martin (Scott) of the House

An Act relating to the Fair Pay for Construction Act; amending Section 2, Chapter 256, O.S.L. 2004, as last amended by Section 1, Chapter 92, O.S.L. 2005 and as renumbered by Section 6, Chapter 92, O.S.L. 2005 (61 O.S. Supp. 2009, Section 222), which relates to definitions; modifying definitions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 2, Chapter 256, O.S.L. 2004, as last amended by Section 1, Chapter 92, O.S.L. 2005 and as renumbered by Section 6, Chapter 92, O.S.L. 2005 (61 O.S. Supp. 2009, Section 222), is amended to read as follows:
Section 222.  As used in the Fair Pay for Construction Act:
1.  “Construction contract” means a written contract or subcontract awarded by an owner or contracting entity for the purpose of making any public improvements or constructing any public building or making repairs to or performing maintenance on the same;
2.  “Material supplier” means any entity that supplies materials, services, or equipment to be used in conjunction with the performance of work on a construction contract;
3.  “Prime contractor” means any entity that has a direct contract with an owner to perform work under a construction contract, and includes, but is not limited to, a licensed architect or licensed professional engineer;
4.  “Owner” means any state government entity, municipality, township, public trust or an instrumentality of a state government entity, municipality, township or public trust in this state, or any entity designated by the owner to act on the owner’s behalf, that requests work to be performed by a contractor under a construction contract;
5.  “Proper invoice” means a request for payment or partial payment based on work performed on a construction contract;
6.  “Retainage” means the difference between a gross proper invoice amount on a construction contract and the amount paid on said contract;
7.  “Subcontractor” means any entity that has a direct contract with a prime contractor to perform a portion of the work under a construction contract, and includes, but is not limited to, a licensed architect or licensed professional engineer; and
8.  “Sub-subcontractor” means any entity that has a direct contract with another subcontractor to perform a portion of the work under a construction contract, and includes, but is not limited to, a licensed architect or licensed professional engineer.
SECTION 2.  This act shall become effective November 1, 2010.
Passed the Senate the 2nd 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