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 1686
 
                         Senate Bill 361
 
Sponsored by Senator MORRISETTE (at the request of Raymond Steel)
  (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.
 
  Adds inspectors to category of workers who must be paid
prevailing wage rates on public works.
 
                        A BILL FOR AN ACT
Relating to payment of prevailing wage rates to inspectors;
  creating new provisions; and amending ORS 279C.800.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279C.800 is amended to read:
  279C.800. As used in ORS 279C.800 to 279C.870, unless the
context requires otherwise:
  (1) 'Fringe benefits' means the amount of:
  (a) The rate of contribution irrevocably made by a contractor
or subcontractor to a trustee or to a third person under a plan,
fund or program; and
  (b) The rate of costs to the contractor or subcontractor that
may be reasonably anticipated in providing benefits to workers
pursuant to an enforceable commitment to carry out a financially
responsible plan or program that is committed in writing to the
workers affected, for medical or hospital care, pensions on
retirement or death, compensation for injuries or illness
resulting from occupational activity, or insurance to provide any
of the foregoing, for unemployment benefits, life insurance,
disability and sickness insurance or accident insurance, for
vacation and holiday pay, for defraying costs of apprenticeship
or other similar programs or for other bona fide fringe benefits,
but only when the contractor or subcontractor is not required by
other federal, state or local law to provide any of these
benefits.
  (2) 'Locality' means the following district in which the public
works, or the major portion thereof, is to be performed:
  (a) District 1, composed of Clatsop, Columbia and Tillamook
Counties;
  (b) District 2, composed of Clackamas, Multnomah and Washington
Counties;
  (c) District 3, composed of Marion, Polk and Yamhill Counties;
  (d) District 4, composed of Benton, Lincoln and Linn Counties;
  (e) District 5, composed of Lane County;
  (f) District 6, composed of Douglas County;
  (g) District 7, composed of Coos and Curry Counties;
  (h) District 8, composed of Jackson and Josephine Counties;
  (i) District 9, composed of Hood River, Sherman and Wasco
Counties;
  (j) District 10, composed of Crook, Deschutes and Jefferson
Counties;
  (k) District 11, composed of Klamath and Lake Counties;
  (L) District 12, composed of Gilliam, Grant, Morrow, Umatilla
and Wheeler Counties;
  (m) District 13, composed of Baker, Union and Wallowa Counties;
and
  (n) District 14, composed of Harney and Malheur Counties.
  (3) 'Prevailing rate of wage' means the rate of hourly wage,
including all fringe benefits, paid in the locality to the
majority of workers employed on projects of similar character in
the same trade or occupation, as determined by the Commissioner
of the Bureau of Labor and Industries. In making such
determinations, the commissioner shall rely on an independent
wage survey to be conducted once each year. However, if it
appears to the commissioner that the data derived from the survey
alone are insufficient to establish the rate, the commissioner
also shall consider additional information such as collective
bargaining agreements, other independent wage surveys and the
prevailing rates of wage determined by appropriate federal
agencies or agencies of adjoining states. If there is not a
majority in the same trade or occupation paid at the same rate,
the average rate of hourly wage, including all fringe benefits,
paid in the locality to workers in the same trade or occupation
shall be the prevailing rate. If the wage paid by any contractor
or subcontractor to workers on any public works is based on some
period of time other than an hour, the hourly wage shall be
mathematically determined by the number of hours worked in that
period of time.
  (4) 'Public agency' means the State of Oregon or any political
subdivision thereof or any county, city, district, authority,
public corporation or entity and any of their instrumentalities
organized and existing under law or charter.
  (5) 'Public works' includes, but is not limited to, roads,
highways, buildings, structures and improvements of all types,
the construction, reconstruction, major renovation or painting of
which is carried on or contracted for by any public agency to
serve the public interest but does not include the reconstruction
or renovation of privately owned property that is leased by a
public agency.
   { +  (6) 'Worker' includes an inspector, as defined in ORS
455.715 or 701.005. + }
  SECTION 2.  { + The amendments to ORS 279C.800 by section 1 of
this 2007 Act apply only to public contracts first advertised or,
if not advertised, entered into on or after the effective date of
this 2007 Act. + }
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