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 3715
 
                         House Bill 3417
 
Sponsored by Representative MONNES ANDERSON; Senator MINNIS
 
 
                             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 as
introduced.
 
  Exempts certain projects performed by nonprofit organizations
with volunteer labor or donation of equipment, materials and
services from requirements of prevailing wage rate law.
 
                        A BILL FOR AN ACT
Relating to prevailing wage rate; 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 performed under a memorandum of
understanding or other agreement between a public agency and a
nonprofit organization, as described in section 501(c)(3) of the
Internal Revenue Code, in which the nonprofit organization
develops the project substantially with either voluntary labor or
the donation of equipment, materials and services, or both. An
insubstantial contribution by the public agency to the project
does not take the project outside the scope of this
paragraph. + }
  (2)(a) No public contracting agency shall 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.
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