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 1671
 
                           A-Engrossed
 
                         House Bill 2476
                   Ordered by the House May 10
             Including House Amendments dated May 10
 
Sponsored by Representative SCHAUFLER
 
 
                             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.
 
  Requires public body to require proof that person contracting
to perform building trade work for public body is properly
licensed { +  and appropriately bonded + }.   { - Prohibits
noncomplying public body from recovering certain damages from
unlicensed person. - }
   { +  Allows Department of Consumer and Business Services to
impose civil penalty on public body or contracting agency that
fails to ensure licensure and bonding. + }
 
                        A BILL FOR AN ACT
Relating to public body contracts for work in licensed building
  trades.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Contracting agency' has the meaning given that term in ORS
279A.010.
  (b) 'Public body' has the meaning given that term in ORS
174.109.
  (2) Except as provided in subsection (3) of this section, if a
public body contracts for a person to perform work described in
ORS 446.395 to 446.420, 447.010 to 447.156, 479.510 to 479.945,
479.950 or 480.510 to 480.670 or ORS chapter 455, 460, 693 or 701
for the public body, and the work may lawfully be performed only
by a person who is properly licensed, the public body shall
require the person, and any disclosed first-tier subcontractor,
to provide the public body with proof of licensure and
appropriate bonding before commencing the work.
  (3) If a public body uses a contracting agency to contract for
a person to perform work described in subsection (2) of this
section, the contracting agency is responsible for fulfilling the
duties of the public body under subsection (2) of this section.
  (4) The failure of a person or disclosed first-tier
subcontractor to provide proof of licensure and appropriate
bonding to a public body as described in subsection (2) of this
section makes the contract voidable by the public body. The
Department of Consumer and Business Services may impose a civil
penalty not exceeding $25,000 on a public body or contracting
 
agency that fails to ensure the licensure and appropriate bonding
of a person under subsection (2) of this section. + }
  SECTION 2.  { + Section 1 of this 2007 Act applies to contracts
that a public body enters into on or after the effective date of
this 2007 Act. + }
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