74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to A-Eng. HB 2021
LC 147/HB 2021-A6
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2021
By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
June 6
On page 1 of the printed A-engrossed bill, line 2, after '
amending' insert 'ORS'.
In line 3, delete '279C.810,' and after '279C.815, ' insert
'279C.825,' and delete 'ORS'.
On page 2, delete lines 43 through 45.
On page 3, delete lines 1 through 34.
In line 35, delete '4' and insert '3'.
On page 4, line 17, delete '5' and insert '4'.
In lines 18 and 19, delete the boldfaced material.
In line 21, before 'that' insert '(40 U.S.C. 3141 et seq.)'.
On page 5, delete lines 5 through 13 and insert:
' { + SECTION 5. + } ORS 279C.838 is amended to read:
' 279C.838. { + (1) + } When a public works project is subject
to
{ - ORS 279C.800 to 279C.870 and - } the Davis-Bacon Act (40
U.S.C.
{ - 276a - } { + 3141 et seq. + }):
' { - (1) - } { + (a) + } If the state prevailing rate of
wage is higher than the federal prevailing rate of wage, the
contractor and every subcontractor on the project shall pay at
least the state prevailing rate of wage as { + determined under
ORS 279C.815; + }
{ - required by ORS 279C.800 to 279C.870; and - }
' { - (2) If the federal prevailing rate of wage is higher
than the state prevailing rate of wage, the contractor and every
subcontractor on the project shall pay at least the federal
prevailing rate of wage as required by the Davis-Bacon Act. - }
' { + (b) The Commissioner of the Bureau of Labor and
Industries shall determine the site of the project in a manner
consistent with the term 'site of the work' as that term is used
in federal law and in regulations adopted or guidelines issued in
accordance with the Davis-Bacon Act;
' (c) The commissioner shall determine in a manner that is
consistent with federal law and regulations adopted or guidelines
issued in accordance with the Davis-Bacon Act whether workers
transporting materials and supplies to and from the site of the
project are subject to the Davis-Bacon Act and are entitled to be
paid the prevailing rate of wage;
' (d) Except as provided in paragraph (a) of this subsection,
the commissioner, in consultation with the advisory committee
appointed under ORS 279C.820, may administer and enforce ORS
279C.800 to 279C.870 in a manner that is consistent with federal
law and regulations adopted or guidelines issued in accordance
with the Davis-Bacon Act. The commissioner may provide a waiver
from a requirement set forth in ORS 279C.800 to 279C.870 if
necessary to achieve consistency with the Davis-Bacon Act and to
further the purposes of ORS 279C.805; and
' (e) ORS 279C.800 to 279C.870 do not apply to workers enrolled
in apprenticeship and skill training programs that are certified
by the United States Secretary of Transportation under the
Federal-Aid Highway Act (23 U.S.C. 113(c)).
' (2) When a public works project is not subject to the
Davis-Bacon Act, the commissioner may administer and enforce ORS
279C.800 to 279C.870 in a manner that is not consistent with
federal law and regulations adopted or guidelines issued in
accordance with the Davis-Bacon Act. + } ' .
In line 14, delete '7' and insert '6'.
Delete lines 42 through 45 and insert:
' { + SECTION 7. + } ORS 279C.825 is amended to read:
' 279C.825. (1)(a) The Commissioner of the Bureau of Labor and
Industries, by rule, shall establish a fee to be paid by the
{ - contractor to whom - } { + public agency that awards + }
a public works contract subject to ORS 279C.800 to 279C.870 { -
has been awarded - } . The fee shall be used to pay the costs
of:
' (A) Surveys to determine the prevailing rates of wage;
' (B) Administering and providing investigations under and
enforcement of ORS 279C.800 to 279C.870; and
' (C) Providing educational programs on public contracting law
under the Public Contracting Code.
' (b) The fee shall be 0.1 percent of the contract price.
However, in no event may a fee be charged and collected that is
more than $5,000 or less than $100.
' (2) The commissioner shall pay moneys received under this
section into the State Treasury. The moneys shall be credited to
the Prevailing Wage Education and Enforcement Account created by
ORS 651.185.
' { - (3) The contractor shall pay the fee at the time of the
first progress payment or 60 days after work on the contract has
begun, whichever date is earlier. - }
' { - (4) Failure to make timely payment under subsection (3)
of this section shall subject the contractor to a civil penalty
under ORS 279C.865 in such amount as the commissioner, by rule,
shall specify. - }
' { + (3) The public agency shall pay the fee at the time the
public agency enters into the public works contract. + }
' { + SECTION 8. + } { + Notwithstanding the maximum and
minimum fee amounts set forth in ORS 279C.825 (1)(b), for public
works contracts entered into on or after the effective date of
this 2007 Act and before January 1, 2011, the fee charged and
collected may not be more than $7,500 or less than $250. + }
' { + SECTION 9. + } { + (1) The Bureau of Labor and
Industries shall develop and adopt a plan to increase diversity
statewide among workers employed on projects subject to ORS
279C.800 to 279C.870. The bureau shall develop the plan after
conducting a statewide public process to solicit proposals to
increase diversity and shall adopt the plan after considering
proposals submitted to the bureau.
' (2) The bureau shall report each year to the Legislative
Assembly or to the appropriate legislative interim committee
concerning progress that results from the plan adopted under this
section and may submit recommendations for legislation or other
measures that will improve diversity among workers employed on
projects subject to ORS 279C.800 to 279C.870. The bureau shall
submit the first report no later than January 1, 2009. + }
' { + SECTION 10. + } { + Section 8 of this 2007 Act and the
amendments to ORS 279C.360, 279.365, 279C.815, 279C.825,
279C.830, 279C.838 and 279C.855 by sections 1 to 7 of this 2007
Act apply only to public contracts for public works, including
public works subject to the Davis-Bacon Act (40 U.S.C. 3141 et.
seq.), first advertised or solicited on or after the effective
date of this 2007 Act. + } ' .
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