71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2357
 
                           A-Engrossed
 
                         House Bill 3350
                   Ordered by the House May 14
             Including House Amendments dated May 14
 
Sponsored by Representative PATRIDGE (at the request of Bob
  Kleker)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Exempts public works projects   { - paid for without public
funds - }  { +  for which no funds of public agency are directly
or indirectly used + } from requirements of prevailing wage rate
law.
 
                        A BILL FOR AN ACT
Relating to payment of prevailing wage rate on public works
  projects; creating new provisions; and amending ORS 279.357.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279.357 is amended to read:
  279.357. (1) ORS 279.348 to 279.380 do not apply to:
  (a) Projects for which the contract price does not exceed
$25,000.
  (b) Projects regulated under the Davis-Bacon Act (40 U.S.C.
276a). Notwithstanding such regulation, contractors and
subcontractors shall pay individuals employed as flaggers on such
projects not less than the prevailing rate of wage as determined
by the Commissioner of the Bureau of Labor and Industries for
that classification of work. As used in this paragraph, a
'flagger ' means a person who controls the movement of vehicular
traffic through construction projects using sign, hand or flag
signals.
   { +  (c) Projects for which no funds of a public agency are
directly or indirectly used. In accordance with ORS 183.310 to
183.550, the commissioner shall adopt rules to carry out the
provisions of this paragraph. + }
  (2)(a)   { - No - }   { + A + } public   { - contracting - }
agency   { - shall - }   { + may not + } divide a public works
project into more than one contract for the purpose of avoiding
compliance with ORS 279.348 to 279.380.
  (b) When the commissioner determines that a public
  { - contracting - }  agency has divided a public works project
for the purpose of avoiding compliance with ORS 279.348 to
279.380, the commissioner shall issue an order compelling
compliance.
  (c) In making determinations under this subsection, the
commissioner shall consider:
  (A) The physical separation of the project structures.
  (B) The timing of the work on project phases or structures.
  (C) The continuity of project contractors and subcontractors
working on project parts or phases.
  (D) The manner in which the public   { - contracting - }
agency and the contractors administer and implement the project.
  SECTION 2.  { + The amendments to ORS 279.357 by section 1 of
this 2001 Act apply only to contracts for public works entered
into on or after the effective date of this 2001 Act. + }
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