71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2624
 
Sponsored by Representative GARDNER (at the request of Oregon
  State Building and Construction Trades)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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
 
 
Enrolled House Bill 2624 (HB 2624-A)                       Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by House April 12, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 17, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2624 (HB 2624-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2624 (HB 2624-A)                       Page 3