STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 536	By:	Coates

AS INTRODUCED

An Act relating to Fair Pay for Construction Act; amending Section 7, Chapter 256, O.S.L. 2004, as amended by Section 5, Chapter 92, O.S.L. 2005, and as renumbered by Section 6, Chapter 92, O.S.L. 2005 (61 O.S. Supp. 2008, Section 227), which relates to application of act; updating statutory references; deleting certain exceptions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 7, Chapter 256, O.S.L. 2004, as amended by Section 5, Chapter 92, O.S.L. 2005, and as renumbered by Section 6, Chapter 92, O.S.L. 2005 (61 O.S. Supp. 2008, Section 227), is amended to read as follows:
Section 227.  A.  1.  ~~This act~~ Section 221 et seq. of this title shall not apply to:
a.	highway construction,
b.	railroad construction, or
c.	turnpike construction.
2.  Except as the following may be a portion of a construction contract as defined in Section ~~2~~ 222 of this ~~act~~ title, ~~this act~~ the Fair Pay for Construction Act shall not apply to:
a.	roads,
b.	bridges,
c.	~~utilities,~~
~~d.~~	traffic control, or
~~e.~~
d.	drainage construction~~,~~
~~f.~~	~~sanitary sewer construction, or~~
~~g.~~	~~waterline construction~~.
3.  ~~This act~~ The Fair Pay for Construction Act shall not apply to any contract relating to a single-, two-, three-, or four-family dwelling.
B.  The following are against the public policy of this state and are void and unenforceable:
1.  A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state; and
2.  A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that disallows or alters the rights of any prime contractor, subcontractor, sub-subcontractor, or material supplier to receive and enforce any and all rights under ~~this act~~ the Fair Pay for Construction Act.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-341	SJ	1/12/2009 9:07:39 AM