74th OREGON LEGISLATIVE ASSEMBLY--2007 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 147
 
                         House Bill 2021
 
Sponsored by Representative SCHAUFLER (Presession filed.)
 
 
                             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.
 
  Makes public agency liable for workers' unpaid wages, fringe
benefits and liquidated damages when public agency fails to
include certain information about prevailing rates of wage in
specifications for public works contract.
 
                        A BILL FOR AN ACT
Relating to prevailing rates of wage; creating new provisions;
  and amending ORS 279C.855.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279C.855 is amended to read:
  279C.855. (1) Any contractor or subcontractor or contractor's
or subcontractor's surety that violates the provisions of ORS
279C.840 is liable to the workers affected in the amount of their
unpaid minimum wages, including all fringe benefits   { - as
defined in ORS 279C.800 - } , and in an additional amount equal
to the unpaid wages as liquidated damages.
  (2) Actions to enforce liability to workers under subsection
(1) of this section may be brought as actions on contractors'
bonds as provided for in ORS 279C.610.
  (3) If   { - the - }   { + a + } public agency fails to include
a provision that the contractor and any subcontractor shall
comply with ORS 279C.840 in the advertisement for bids, the
request for bids, the contract specifications, the accepted bid
or elsewhere in the contract documents, the liability of the
public agency for unpaid minimum wages, as described in
subsection (1) of this section, is joint and several with any
contractor or subcontractor that had notice of the requirement to
comply with ORS 279C.840.
   { +  (4) If a public agency fails to include the state and
federal prevailing rates of wage in the specifications for a
contract for public works when required under ORS 279C.830
(1)(a), or fails to include in the specifications information
showing which prevailing rate of wage is higher for workers in
each trade or occupation in each locality when required under ORS
279C.830 (1)(b), the public agency is liable to the workers
affected in the amount of their unpaid minimum wages, including
all fringe benefits, and in an additional amount equal to the
unpaid wages as liquidated damages.
  (5) + } The Commissioner of the Bureau of Labor and Industries
may enforce the provisions of   { - this subsection - }
 { + subsections (3) and (4) of this section + } by a civil
action under ORS 279C.850 (4), by a civil action on an assigned
wage claim under ORS 652.330, or by an administrative proceeding
on an assigned wage claim under ORS 652.332.
  SECTION 2.  { + The amendments to ORS 279C.855 by section 1 of
this 2007 Act apply only to public contracts for public works
first advertised or solicited on or after the effective date of
this 2007 Act. + }
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