74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to SB 94
 
LC 348/SB 94-1
 
                       HOUSE AMENDMENTS TO
                         SENATE BILL 94
 
               By COMMITTEE ON CONSUMER PROTECTION
 
                             June 8
 
  On page 7 of the printed bill, line 44, after 'board ' insert
'under ORS 701.139'.
  On page 8, line 26, after 'board' insert 'under ORS 701.139'.
  On page 12, after line 7, insert:
  ' (a) The complainant does not respond to a board request and
the request is necessary to the board's investigation of the
complaint.
  ' (b) The complainant does not allow the board to conduct one
or more on-site meetings to mediate or investigate the
complaint.'.
  In line 8, delete '(a)' and insert '(c)'.
  In line 10, delete '(b)' and insert '(d)'.
  In line 16, delete '(c)' and insert '(e)'.
  In line 25, after the period delete the rest of the line and
line 26 and insert 'The board may conduct one or more on-site
meetings to mediate or investigate the complaint.'.
  On page 18, delete lines 15 through 43 and insert:
  '  { +  SECTION 22. + } ORS 701.227 is amended to read:
  ' 701.227. (1) The Construction Contractors Board shall begin
an action to determine whether a contractor or a subcontractor
shall   { - not - }  be considered  { + not + } qualified to hold
or participate in a public contract for a public improvement upon
receipt of information from a public contracting agency or from
any person who supplied labor or materials in connection with a
public contract for a public improvement indicating that the
contractor or subcontractor has not made payment to persons who
supplied labor or materials within 60 days after the date when
the payment was received by the contractor or subcontractor and
that the payment was not a subject of a good faith dispute as
defined in ORS 279C.580.
  ' (2) If the board determines after notice and opportunity for
hearing that a contractor or a subcontractor did not make payment
to persons who supplied labor or materials in connection with a
public contract for a public improvement within 60 days after the
date when payment was received by the contractor or
subcontractor, the board shall place the contractor or the
subcontractor on the list of persons who have been determined
  { - not - }  to be  { + not + } qualified to hold or
participate in a public contract for a public improvement. The
board may not place a contractor or subcontractor on the list if
the only reason that the contractor or subcontractor did not make
payment to a person when payment was due is that the contractor
or subcontractor did not receive payment from the public
contracting agency, contractor or subcontractor when payment was
due. The contractor or subcontractor shall remain on the list for
a period of not less than six months.
  ' (3) If the board determines that the   { - claim made - }
 { +  information supplied to the board + } against a contractor
or subcontractor was   { - made - }  { +  supplied + } in bad
faith or was false, the person   { - filing the bad faith or
false claim - }  { +  who supplied the information in bad faith
or supplied false information + } shall be placed on the list of
persons who have been determined   { - not - }  to be  { +
not + } qualified to hold or participate in a public contract for
a public improvement.
  ' (4) The board shall create and maintain a list of contractors
and subcontractors who have been determined   { - not - }  to be
 { + not + } qualified to hold or participate in a public
contract for a public improvement. The list may include any
corporation, partnership or other business entity of which the
contractor or subcontractor is an owner, shareholder or officer
of the business or was an owner or officer of the business. The
board shall provide access to the list to all public contracting
agencies, contractors and subcontractors.'.
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