Chapter 152 Oregon Laws 1999

Session Law

AN ACT

HB 2027

Relating to the Prevailing Wage Education and Enforcement Account; amending ORS 279.375 and 651.185.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 279.375 is amended to read:

279.375. (1)(a) The Commissioner of the Bureau of Labor and Industries, by rule, shall establish a fee to be paid by the contractor to whom the contract for a public work subject to ORS 279.348 to 279.380 has been awarded. The fee shall be used to pay the costs of:

(A) Surveys to determine the prevailing wage; [and for]

(B) Administering and providing [educational programs and] investigations under and enforcement of ORS 279.348 to 279.380; and

(C) Providing educational programs on public contracting and purchasing law under this chapter.

(b) The fee shall be .1 percent of the contract price. However, in no event shall a fee be charged and collected that is more than $5,000 nor less than $100.

(2) Moneys received by the commissioner pursuant to this section shall be paid into the State Treasury and credited to the Prevailing Wage Education and Enforcement Account created by ORS 651.185.

(3) The fee to be paid pursuant to this section shall be paid at the time of the first progress payment or 60 days after work on the contract has begun, whichever date is earlier.

(4) Failure to make timely payment pursuant to subsection (3) of this section shall subject the contractor to a civil penalty under ORS 279.370, in such amount as the commissioner, by rule, shall specify.

SECTION 2. ORS 651.185 is amended to read:

651.185. The Prevailing Wage Education and Enforcement Account is created in the General Fund of the State Treasury. All moneys in the account are appropriated continuously to the Commissioner of the Bureau of Labor and Industries to:

(1) Administer and provide investigations under and enforce the provisions of ORS 279.348 to 279.380[,];

(2) [to] Provide educational programs [regarding the provisions of ORS 279.348 to 279.380] on public contracting and purchasing law under ORS chapter 279; and

(3) Conduct surveys to determine [to collect and evaluate the data for determination of] prevailing wages.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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