HOUSE BILL NO. 994 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend the Code of Virginia by adding a section numbered 2.2-4308.1, relating to the Virginia Public Procurement Act; purchase of certain insurance in construction projects. ---------- Patron-- Brink ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4308.1 as follows:

§ 2.2-4308.1. Purchase of owner-controlled insurance in construction projects.

Notwithstanding any other provision of law to the contrary, a public body may purchase an owner-controlled insurance program in connection with any public construction contract.

For the purposes of this section, "owner-controlled insurance program" means a consolidated insurance program or series of insurance policies issued to a public body that may provide for some or all of the following types of insurance coverage for any contractor or subcontractor working on or at a public construction contract: general liability, property damage, workers' compensation, employer's liability, pollution or environmental liability, excess or umbrella liability, builder's risk, professional and default liability, and payment and performance bonds or other surety.

No contractor or subcontractor shall be required to provide insurance coverage for a construction project if that specified coverage is included in an owner-controlled insurance program in which the contractor or subcontractor is enrolled.