Chapter 337 Oregon Laws 2001
AN ACT
HB 2624
Relating to certified
payroll statements on public works; creating new provisions; and amending ORS
279.354.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 279.354 is amended to read:
279.354. (1) The contractor or the contractor’s surety and
every subcontractor or the subcontractor’s surety shall file certified
statements with the public contracting agency in writing in form prescribed by
the Commissioner of the Bureau of Labor and Industries, certifying the hourly
rate of wage paid each worker [which]
whom the contractor or the
subcontractor has employed upon such public work, and further certifying that
no worker employed upon such public work has been paid less than the prevailing
rate of wage or less than the minimum hourly rate of wage specified in the
contract, which certificate and statement shall be verified by the oath of the
contractor or the contractor’s surety or subcontractor or the subcontractor’s
surety that the contractor or subcontractor has read such statement and
certificate and knows the contents thereof and that the same is true to the
contractor or subcontractor’s knowledge. The certified statements shall set out
accurately and completely the payroll records for the prior week including the
name and address of each worker, the worker’s correct classification, rate of
pay, daily and weekly number of hours worked, deductions made and actual wages
paid.
(2) Each certified statement required by subsection (1) of
this section shall be delivered or mailed by the contractor or subcontractor to
the public contracting agency. Certified statements [shall be submitted as follows:] for each week during which the contractor or subcontractor employs a
worker upon the public work shall be submitted once a month, by the fifth
business day of the following month. Information submitted on certified
statements may be used only to ensure compliance with the provisions of ORS
279.348 to 279.380.
[(a) For any project
90 days or less from the date of award of the contract to the date of
completion of work under the contract, the statements shall be submitted once
before the first payment and once before final payment is made of any sum due
on account of a contract for a public work.]
[(b) For any project
exceeding 90 days from the date of award of the contract to the date of
completion of work under the contract, the statements shall be submitted once
before the first payment is made, at 90-day intervals thereafter, and once
before final payment is made of any sum due on account of a contract for a
public work.]
(3) Each contractor or subcontractor shall preserve the
certified statements for a period of three years from the date of completion of
the contract.
(4) Certified statements received by a public contracting
agency are public records subject to the provisions of ORS 192.410 to 192.505.
SECTION 2.
The amendments to ORS 279.354 by section
1 of this 2001 Act apply only to contracts for public works that are entered
into on or after the effective date of this 2001 Act.
Approved by the Governor
June 6, 2001
Filed in the office of
Secretary of State June 6, 2001
Effective date January 1,
2002
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