Bill Text: OR HB2646 | 2013 | Regular Session | Enrolled
Bill Title: Relating to applying a prevailing rate of wage to projects for the Oregon University System; and declaring an emergency.
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-05-22 - Chapter 203, (2013 Laws): Effective date May 22, 2013. [HB2646 Detail]
Download: Oregon-2013-HB2646-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2646
Sponsored by Representatives DOHERTY, DEMBROW; Representative
PARRISH, Senator ROSENBAUM (Presession filed.)
CHAPTER ................
AN ACT
Relating to applying a prevailing rate of wage to projects for
the Oregon University System; creating new provisions; amending
ORS 279C.800 and 351.086; and declaring an emergency.
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:
(1) 'Fringe benefits' means the amount of:
(a) The rate of contribution a contractor or subcontractor
makes irrevocably 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 the following items,
except for items that federal, state or local law requires the
contractor or subcontractor to provide:
(A) Benefits to workers pursuant to an enforceable written
commitment to the workers to carry out a financially responsible
plan or program for:
(i) Medical or hospital care;
(ii) Pensions on retirement or death; or
(iii) Compensation for injuries or illness that result from
occupational activity;
(B) Insurance to provide the benefits described in subparagraph
(A) of this paragraph;
(C) Unemployment benefits;
(D) Life insurance;
(E) Disability and sickness insurance or accident insurance;
(F) Vacation and holiday pay;
(G) Costs of apprenticeship or other similar programs; or
(H) Other bona fide fringe 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;
Enrolled House Bill 2646 (HB 2646-A) Page 1
(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, that the Commissioner of the
Bureau of Labor and Industries determines is paid in the locality
to the majority of workers employed on projects of a similar
character in the same trade or occupation.
(5) 'Public agency' means the State of Oregon or a political
subdivision of the State of Oregon, or a county, city, district,
authority, public corporation or public entity organized and
existing under law or charter or an instrumentality of the
county, city, district, authority, public corporation or public
entity.
(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 that uses funds of a private entity and $750,000
or more of funds of a public agency for constructing,
reconstructing, painting or performing a major renovation on a
privately owned road, highway, building, structure or improvement
of any type;
(C) A project that uses funds of a private entity for
constructing a privately owned road, highway, building, structure
or improvement of any type in which a public agency will use or
occupy 25 percent or more of the square footage of the completed
project; { - or - }
(D) Notwithstanding the provisions of ORS 279C.810 (2)(a), (b)
and (c), a device, structure or mechanism, or a combination of
devices, structures or mechanisms, that:
(i) Uses solar radiation as a source for generating heat,
cooling or electrical energy; and
(ii) Is constructed or installed, with or without using funds
of a public agency, on land, premises, structures or buildings
that a public body, as defined in ORS 174.109, owns { - . - }
{ + ; or
(E) Notwithstanding paragraph (b)(A) of this subsection and ORS
279C.810 (2)(b) and (c), construction, reconstruction, painting
or major renovation of a road, highway, building, structure or
improvement of any type that occurs, with or without using funds
of a public agency, on real property that the Oregon University
System or an institution in the Oregon University System
owns. + }
(b) 'Public works' does not include:
(A) The reconstruction or renovation of privately owned
property that a public agency leases; 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;
Enrolled House Bill 2646 (HB 2646-A) Page 2
(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. ORS 351.086, as amended by section 48, chapter 104,
Oregon Laws 2012, is amended to read:
351.086. (1) Except as otherwise provided in this chapter and
ORS chapter 352, the provisions of ORS chapters 182, 240, 270,
273, 276, 278, 279A, 279B, 279C, 282, 283, 291 and 292 and ORS
180.060, 180.160, 180.210, 180.220, 180.225 and 180.230 do not
apply to the Oregon University System.
(2) { + (a) + } Notwithstanding subsection (1) of this section,
the provisions of ORS 182.100, 182.109, 240.167, 276.073 to
276.090, 279A.065 (2), 279B.055 (3), 279C.380 (1)(a) and (3),
279C.600 to 279C.625, 279C.800 { - , 279C.810, 279C.825,
279C.830, 279C.835, 279C.840, 279C.845, 279C.850, 279C.855,
279C.860, 279C.865, - } { + to + } 279C.870, 283.085 to
283.092, 291.200, 291.201 to 291.222, 291.223, 291.224 (2) and
(6), 291.226, 291.272 to 291.278, 291.322 to 291.334, 291.405,
291.407, 291.445, 292.043 and 292.044 apply to the Oregon
University System.
{ + (b) ORS 279C.800 to 279C.870 apply to an agreement under
the terms of which a private entity constructs, reconstructs,
renovates or paints an improvement on real property that the
Oregon University System or an institution in the Oregon
University System owns. + }
(3) Notwithstanding subsection (1) of this section, ORS 273.413
to 273.456 apply to any structure, equipment or asset
{ - owned by - } the Oregon University System { + owns
and + } that is encumbered by a certificate of participation.
(4) Notwithstanding subsection (6) of this section:
(a) The provisions of ORS chapters 35, 190, 192, 244 and 297
and ORS 30.260 to 30.460, 184.480, 184.483, 184.486, 184.488,
200.005 to 200.025, 200.045 to 200.090, 200.100 to 200.120,
200.160 to 200.200, 236.605 to 236.640, 243.650 to 243.782,
243.800, 243.820, 243.830, 243.850, 243.910 to 243.945, 307.090
and 307.112 apply to the Oregon University System under the same
terms as they apply to other public bodies other than the State
of Oregon.
(b) The provisions of ORS chapter 286A and ORS 293.115,
293.117, 293.130, 293.169, 293.171, 293.205 to 293.225, 293.250,
293.265 to 293.280, 293.285, 293.295, 293.321, 293.353, 293.375,
293.406, 293.465 to 293.485, 293.490, 293.495, 293.525, 293.701
to 293.820, 293.875, 293.880 and 293.990 apply to the Oregon
University System under the same terms as they apply to state
agencies with moneys held by the State Treasurer, to the Oregon
University System Fund established in ORS 351.506 and to any
other moneys deposited with or held by the State Treasurer for
the Oregon University System.
(5) Notwithstanding subsections (1) and (6) of this section,
the Oregon University System and { - its - } { + the + }
agents and employees { + of the Oregon University System + }
remain subject to all statutes and administrative rules of this
state that create rights, benefits or protections in favor of
military veterans, service members and families of service
members to the same extent as an agency of this state would be
subject to such statutes and administrative rules.
(6)(a) Except as provided by paragraph (b) of this subsection,
the Oregon University System, as a distinct governmental entity,
Enrolled House Bill 2646 (HB 2646-A) Page 3
is not subject to any provision of law enacted after January 1,
2011, with respect to any governmental entity, that is unique to
governmental entities, unless the provision specifically provides
that { - it - } { + the provision + } applies to the Oregon
University System.
(b) To the same extent as state agencies that borrow through
the State Treasurer or that have moneys held in the State
Treasury, the Oregon University System is subject to any
provision of law enacted after January 1, 2011, that relates to
or affects the borrowings of the Oregon University System through
the State Treasurer or the deposit, payment or investment of
moneys held in the Oregon University System Fund or any other
moneys held for the Oregon University System in the State
Treasury.
(7) In carrying out the duties, functions and powers imposed by
law upon the Oregon University System, the State Board of Higher
Education or the Chancellor of the Oregon University System may
contract with any public agency { - for the performance of
such - } { + to perform + } duties, functions and powers
{ - as - } { + that + } the board or chancellor considers
appropriate.
SECTION 3. { + The amendments to ORS 279C.800 and 351.086 by
sections 1 and 2 of this 2013 Act apply to contracts or other
agreements that the Oregon University System or an institution in
the Oregon University System advertises or otherwise solicits or,
if the Oregon University System or an institution in the Oregon
University System does not advertise or otherwise solicit the
contract or agreement, to contracts or agreements into which the
Oregon University System or an institution in the Oregon
University System enters on or after the operative date specified
in section 4 of this 2013 Act. + }
SECTION 4. { + (1) The amendments to ORS 279C.800 and 351.086
by sections 1 and 2 of this 2013 Act become operative January 1,
2014.
(2) The Chancellor of the Oregon University System and the
presiding officer of an institution in the Oregon University
System that is authorized by law or rule to conduct a procurement
may take any action before the operative date specified in
subsection (1) of this section that is necessary to enable the
chancellor or the presiding officer to exercise, on and after the
operative date specified in subsection (1) of this section, the
duties, functions and powers conferred on the chancellor or the
presiding officer by the amendments to ORS 279C.800 and 351.086
by sections 1 and 2 of this 2013 Act. + }
SECTION 5. { + 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. + }
----------
Enrolled House Bill 2646 (HB 2646-A) Page 4
Passed by House March 21, 2013
Repassed by House May 16, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 14, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2646 (HB 2646-A) Page 5
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 2646 (HB 2646-A) Page 6
