75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1770
 
                         House Bill 2397
 
Sponsored by Representative HOLVEY (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.
 
  Includes in definition of 'public works' fabrication or
manufacture of nonstandard items produced by contract
specifically for public works.
 
                        A BILL FOR AN ACT
Relating to fabrication of nonstandard items specifically for
  public works; 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) 'Housing' has the meaning given that term in ORS 456.055.
  (3) '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.
  (4) '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.
  (5) 'Public agency' means the State of Oregon or any political
subdivision thereof or any county, city, district, authority,
public corporation or entity and any instrumentality thereof
organized and existing under law or charter.
  (6)(a) 'Public works' includes, but is not limited to:
  (A) 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;
  (B) A project for the construction, reconstruction, major
renovation or painting of a privately owned road, highway,
building, structure or improvement of any type that uses funds of
a private entity and $750,000 or more of funds of a public
agency;
  { - or - }
  (C) A project for the construction of a privately owned road,
highway, building, structure or improvement of any type that uses
funds of a private entity and in which 25 percent or more of the
square footage of the completed project will be occupied or used
by a public agency  { - . - }  { + ; or
  (D) The fabrication or manufacture of nonstandard items
produced by contract specifically for public works. + }
  (b) 'Public works' does not include:
  (A) The reconstruction or renovation of privately owned
property that is leased by a public agency; or
  (B) The renovation of publicly owned real property that is more
than 75 years old by a private nonprofit entity if:
  (i) The real property is leased to the private nonprofit entity
for more than 25 years;
  (ii) Funds of a public agency used in the renovation do not
exceed 15 percent of the total cost of the renovation; and
  (iii) Contracts for the renovation were advertised or, if not
advertised, were entered into before July 1, 2003, but the
renovation has not been completed on or before July 13, 2007.
  SECTION 2.  { + The amendments to ORS 279C.800 by section 1 of
this 2009 Act apply to contracts for public works first
advertised or, if not advertised, first entered into on or after
the effective date of this 2009 Act. + }
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