H-1380

   Amend Senate File 183, as passed by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  INTERIM STUDY COMMITTEE —— ALTERNATIVE PROJECT DELIVERY CONTRACTS.
   1.  As used in this section, unless the context requires otherwise:
   a.  “Alternative project delivery contract” means either a design-build contract or a guaranteed maximum price contract.
   b.  “Construction manager-at-risk” means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for the construction, rehabilitation, alteration, or repair of a project and provides consultant services to a governmental entity in the development and design phases, working collaboratively with the design professionals involved.
   c.  “Design-build contract” means a single contract providing for both design services and construction services that may include maintenance, operations, preconstruction, and other related services.
   d.  “Elected official” means an individual elected to, or appointed to fill, a state or local elective office.
   e.  “Governmental entity” means and includes the state, political subdivisions of the state, public school corporations, and all officers, boards, or commissions empowered by law to enter into contracts for the construction of public improvements.
   f.  “Guaranteed maximum price contract” means the agreed-to fixed or guaranteed maximum price pursuant to a contract entered into by the construction manager-at-risk and the governmental entity.
   g.  “Public improvement” means a building or construction work that is constructed under the control of a governmental entity and for which either of the following applies:
   (1)  Has been paid for in whole or in part with funds of the governmental entity.
   (2)  A commitment has been made prior to construction by the governmental entity to pay for the building or construction work in whole or in part with funds of the governmental entity.
   2.  The legislative council is requested to establish an interim study committee during the 2021 legislative interim to evaluate and discuss issues relating to the use of alternative project delivery contracts by governmental entities.
   3.  The committee shall consist of the following members: 
   a.  Three members of the senate appointed by the majority leader of the senate, and two members of the senate appointed by the minority leader of the senate.
   b.  Three members of the house of representatives appointed by the speaker of the house of representatives, and two members of the house of representatives appointed by the minority leader of the house of representatives.
   c.  Two members who are representatives of an industry that may be affected by the potential use of alternative project delivery contracts by governmental entities.
   d.  Two members who are elected officials.
   4.  The committee shall review the issues related to and make recommendations regarding whether and to what extent governmental entities should utilize alternative project delivery contracts for public improvements. The committee shall consider testimony from interested stakeholders and the effects alternative project delivery contracts for public improvements have had on other states.
   5.  The committee shall submit a report containing its findings and recommendations to the members of the general assembly by December 31, 2021.>
   2.  Title page, by striking lines 1 through 5 and inserting <An Act requesting the establishment of an alternative project delivery contracts study committee.>

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WILBURN of Story