Bill Text: OR HB2545 | 2013 | Regular Session | Enrolled
Bill Title: Relating to debarments from public works contracts; and declaring an emergency.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-05-28 - Chapter 239, (2013 Laws): Effective date May 28, 2013. [HB2545 Detail]
Download: Oregon-2013-HB2545-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2545
Sponsored by Representative HOLVEY (Presession filed.)
CHAPTER ................
AN ACT
Relating to debarments from public works contracts; creating new
provisions; amending ORS 279C.860; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.860 is amended to read:
279C.860. (1) A contractor { - , - } { + or a + }
subcontractor or { - any - } { + a + } firm, corporation,
partnership { + , limited liability company + } or association in
which the contractor or subcontractor has a financial interest
{ - is ineligible to - } { + may not + } receive { - any - }
{ + a + } contract or subcontract for public works for a period
of three years { - from - } { + after + } the date on which
the Commissioner of the Bureau of Labor and Industries publishes
the contractor's or subcontractor's name on the list described in
subsection (2) of this section. The commissioner shall add a
contractor's or subcontractor's name to the list after
determining, in accordance with ORS chapter 183, that:
(a) The contractor or subcontractor has intentionally failed or
refused to pay the prevailing rate of wage to workers employed
upon public works;
(b) The subcontractor has failed to pay to the subcontractor's
employees amounts required { - by - } { + under + } ORS
279C.840 and the contractor has paid { - those - } { +
the + } amounts on the subcontractor's behalf;
(c) The contractor or subcontractor has intentionally failed or
refused to post the prevailing rates of wage as required
{ - by - } { + under + } ORS 279C.840 (4); or
(d) The contractor or subcontractor has intentionally falsified
information in the { + certified statements the contractor or
subcontractor + } { - contractor's or subcontractor's certified
statements - } submitted under ORS 279C.845.
(2) The commissioner shall maintain a written list of the names
of { - those - } contractors and subcontractors { + the
commissioner determines are + } { - determined to be - }
ineligible under this section and the period of time for which
{ - they - } { + the contractors and subcontractors + } are
ineligible. The commissioner shall publish { - a copy of - }
the list, furnish { + a copy of + } the list upon request and
make the list available to contracting agencies.
(3) { - When the - } { + If a + } contractor or
subcontractor is a corporation { + or a limited liability
company + }, the provisions of this section apply to any
Enrolled House Bill 2545 (HB 2545-INTRO) Page 1
corporate officer or { + agent of the corporation or any member
or manager of the limited liability company + }
{ - corporate agent - } who is responsible for { - the
failure or refusal - } { + failing or refusing + } to pay or
post the prevailing rate of wage,
{ - the failure - } { + failing + } to pay to a
subcontractor's employees amounts required { - by - } { +
under + } ORS 279C.840 that { - are paid by - } the
contractor { + pays + } on the subcontractor's behalf or
{ - the intentional falsification of - } { + intentionally
falsifying + } information in the
{ - contractor's or subcontractor's - } certified statements
{ - submitted - } { + the contractor or subcontractor
submits + } under ORS 279C.845.
(4) For good cause shown, the commissioner may { - direct the
removal of - } { + remove + } the name of a contractor or
subcontractor from the ineligible list.
(5) { - To assist the commissioner in determining whether the
contractor or subcontractor is paying the prevailing rate of
wage, - } When a prevailing rate of wage claim is filed
{ - , - } or { + the commissioner receives + } evidence
indicating { + that + } a violation has occurred, a contractor
or subcontractor required to pay the prevailing rate of wage to
workers employed upon public works under ORS 279C.800 to 279C.870
shall send a certified copy of the payroll for { - those - }
workers { + employed upon public works + } when the commissioner
requests the certified copy.
SECTION 2. { + (1) The amendments to ORS 279C.860 by section 1
of this 2013 Act become operative January 1, 2014.
(2) The amendments to ORS 279C.860 by section 1 of this 2013
Act apply to contracts for public works into which a contracting
agency enters before, on or after the operative date specified in
subsection (1) of this section.
(3) The Commissioner of the Bureau of Labor and Industries may
take any action before the operative date specified in subsection
(1) of this section that is necessary to enable the commissioner
to exercise, on and after the operative date specified in
subsection (1) of this section, all of the duties, functions and
powers conferred on the commissioner by the amendments to ORS
279C.860 by section 1 of this 2013 Act. + }
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 2545 (HB 2545-INTRO) Page 2
Passed by House March 14, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 21, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2545 (HB 2545-INTRO) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2545 (HB 2545-INTRO) Page 4
