71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 3350
 
Sponsored by Representative PATRIDGE; Representatives CARLSON,
  MONNES ANDERSON, NELSON (at the request of Bob Kleker)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to payment of prevailing wage rate on public works
  projects; creating new provisions; amending ORS 279.357; and
  declaring an emergency.
 
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)(A) 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.
  (B) As used in this paragraph:
  (i) 'Funds of a public agency' does not include funds provided
in the form of a government grant to a nonprofit organization,
unless the government grant is issued for the purpose of
construction.
  (ii) 'Nonprofit organization' means an organization or group of
organizations described in section 501(c)(3) of the Internal
Revenue Code that is exempt from income tax under section 501(a)
of the Internal Revenue Code. + }
  (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:
 
 
Enrolled House Bill 3350 (HB 3350-B)                       Page 1
 
 
 
  (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 January 1, 2002. + }
  SECTION 3.  { + The amendments to ORS 279.357 by section 1 of
this 2001 Act become operative on January 1, 2002. + }
  SECTION 4.  { + The Bureau of Labor and Industries may not
initiate or continue any action to enforce compliance with ORS
279.348 to 279.380 against any contractor, subcontractor or
public agency involved with a project to which ORS 279.348 to
279.380 would not apply under ORS 279.357, as amended by section
1 of this 2001 Act, if the project were started on or after
January 1, 2002. + }
  SECTION 5.  { + (1) Notwithstanding section 4 of this 2001 Act,
the Bureau of Labor and Industries may accept and enforce wage
claims filed by workers who are entitled to be paid the
prevailing rate of wage on a project if:
  (a) The project was started before January 1, 2002; and
  (b) ORS 279.348 to 279.380 would not have applied to the
project under ORS 279.357, as amended by section 1 of this 2001
Act, if the project had been started on or after January 1, 2002.
  (2) If a contractor, subcontractor or public agency mails to a
worker a notice of the right to file a wage claim on a project
described in subsection (1) of this section, the employee must
file the wage claim with the bureau within 30 days after the date
the notice is mailed. + }
  SECTION 6.  { + Sections 4 and 5 of this 2001 Act are repealed
on January 2, 2004. + }
  SECTION 7.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
                         ----------
 
 
Passed by House May 17, 2001
 
Repassed by House June 7, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 5, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
Enrolled House Bill 3350 (HB 3350-B)                       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 3350 (HB 3350-B)                       Page 3