73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 993
 
                         House Bill 2350
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Gary Hansen)
 
 
                             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.
 
  Requires public contracts awarded by state contracting agencies
to contain condition requiring contractors to ensure
nonsupervisory employees receive no less than minimum living
wage. Requires Oregon Department of Administrative Services to
make annual adjustments to minimum living wage. Provides
exception for public contracts that require payment of prevailing
wage rates or when project is regulated under Davis-Bacon Act.
 
                        A BILL FOR AN ACT
Relating to payment of minimum living wage for work performed on
  state contracts.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2005 Act is added to and made
a part of ORS chapter 279B. + }
  SECTION 2.  { + (1) As used in this section, 'minimum living
wage' means total hourly compensation, including hourly wages
plus hourly benefits package cost, that is no less than the
amount specified in this section.
  (2) Every public contract for services awarded or renewed by a
state contracting agency must contain conditions requiring the
contractor to:
  (a) Ensure that nonsupervisory employees receive a minimum
living wage of no less than $10 an hour; and
  (b) Post the minimum living wage required by the contract,
including benefit package descriptions, in a conspicuous and
accessible place in or about the work site.
  (3)(a) No later than September 30 of each year, the Oregon
Department of Administrative Services shall calculate an
adjustment of the minimum living wage amount specified in
subsection (2) of this section based upon the increase, if any,
from August of the preceding year to August of the year in which
the calculation is made in the U.S. City Average Consumer Price
Index for All Urban Consumers for All Items as prepared by the
Bureau of Labor Statistics of the United States Department of
Labor or its successor.
  (b) The amount calculated under this subsection shall:
  (A) Be rounded to the nearest five cents; and
  (B) Become effective as the new minimum living wage, replacing
the dollar figure specified in subsection (2) of this section, on
January 1 of the following year.
  (4) When a public contract for services is renewed by a state
contracting agency, the contract must contain a condition
requiring the contractor to ensure that nonsupervisory employees
receive no less than the minimum living wage in effect on the
date of the renewal.
  (5) The department shall adopt rules to establish the minimum
living wage and administer this section. + }
  SECTION 3.  { + Section 4 of this 2005 Act is added to and made
a part of ORS 279C.500 to 279C.530. + }
  SECTION 4.  { + (1) As used in this section, 'minimum living
wage' means total hourly compensation, including hourly wages
plus hourly benefits package cost, that is no less than the
amount specified in this section.
  (2) Every public contract for services awarded or renewed by a
state contracting agency must contain conditions requiring the
contractor to:
  (a) Ensure that nonsupervisory employees receive a minimum
living wage of no less than $10 an hour; and
  (b) Post the minimum living wage required by the contract,
including benefit package descriptions, in a conspicuous and
accessible place in or about the work site.
  (3)(a) No later than September 30 of each year, the Oregon
Department of Administrative Services shall calculate an
adjustment of the minimum living wage amount specified in
subsection (2) of this section based upon the increase, if any,
from August of the preceding year to August of the year in which
the calculation is made in the U.S. City Average Consumer Price
Index for All Urban Consumers for All Items as prepared by the
Bureau of Labor Statistics of the United States Department of
Labor or its successor.
  (b) The amount calculated under this subsection shall:
  (A) Be rounded to the nearest five cents; and
  (B) Become effective as the new minimum living wage, replacing
the dollar figure specified in subsection (2) of this section, on
January 1 of the following year.
  (4) When a public contract for services is renewed by a state
contracting agency, the contract must contain a condition
requiring the contractor to ensure that nonsupervisory employees
receive no less than the minimum living wage in effect on the
date of the renewal.
  (5) The department shall adopt rules to establish the minimum
living wage and administer this section.
  (6) This section does not apply to a public contract that
requires the payment of prevailing wage rates under ORS 279C.800
to 279C.870 or when the public contract is for a project
regulated under the Davis-Bacon Act, 40 U.S.C. 276a. + }
  SECTION 5.  { + Sections 2 and 4 of this 2005 Act apply only to
public contracts first advertised, but if not advertised then
entered into, on or after the effective date of this 2005
Act. + }
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