Bill Text: OR HB4144 | 2012 | Regular Session | Introduced

Oregon House Bill 4144 (Prior Session Legislation)

Introduced

Bill Title: Relating to calculations required in determining the lowest bid for certain public contracts; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4144 Detail]

Download: Oregon-2012-HB4144-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 273

                         House Bill 4144

Sponsored by Representative NOLAN (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.

  Requires contracting agency, in determining lowest bid for
procurement, to make certain additions and deductions based on
health and retirement benefits paid for workers who are residents
of this state, based on fuel consumption and carbon generation
and based on personal income taxes paid by employing workers who
are residents of this state.
  Becomes operative January 1, 2013.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to calculations required in determining the lowest bid
  for certain public contracts; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2012 Act is added to and made
a part of ORS chapter 279A. + }
  SECTION 2.  { + (1) To the extent that a contracting agency
awards a contract for a procurement on the basis of the lowest
bid for the procurement, the contracting agency shall incorporate
in the determination of the lowest bid the following
calculations:
  (a) A deduction, from the cost of goods manufactured within
this state that are included as part of the bid for the
procurement, of an amount equal to the pro rata portion of the
cost of the goods that is attributable to health and retirement
benefits the bidder pays for workers who are residents of this
state as a direct consequence of performing the work under the
public contract that results from the procurement. A contracting
agency may require, as part of a bid, records and data that are
necessary to determine the pro rata cost described in this
paragraph.
  (b) An addition, to the cost of goods manufactured outside this
state that are included as part of the bid for the procurement,
of an imputed amount that reflects the cost of fossil fuel
consumption and carbon generation involved in delivering the
goods to the point of delivery within this state that is
necessary to perform the work required for the procurement. The
imputed cost must increase in proportion to the distance from
which the bidder expects to ship the goods to the point of
delivery within this state.
  (2) If a contracting agency conducts a procurement under ORS
279B.085, the contracting agency, in determining the lowest bid
for the procurement, shall deduct from the bid amount an imputed
value that reflects the amount of personal income taxes that
workers who are residents of this state will pay to this state as
a direct consequence of the workers' employment in connection
with the public contract that results from the procurement.
  (3) The Attorney General shall adopt rules to set the basis for
the imputed costs and values described in subsections (1) and (2)
of this section. In adopting rules under this subsection, the
Attorney General shall consult with the Director of the Oregon
Department of Administrative Services, the Director of
Transportation, the Legislative Fiscal Officer, the Director of
the Department of Revenue, representatives of county and city
governments, representatives of school boards and other
knowledgeable persons. + }
  SECTION 3.  { + Section 2 of this 2012 Act applies to a public
contract that a contracting agency first advertises or otherwise
solicits on or after the operative date specified in section 4 of
this 2012 Act or, if the contracting agency does not advertise or
solicit the public contract, to a public contract that the
contracting agency enters into on or after the operative date
specified in section 4 of this 2012 Act. + }
  SECTION 4.  { + (1) Section 2 of this 2012 Act becomes
operative January 1, 2013.
  (2) The Attorney General may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the Attorney General 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
Attorney General by section 2 of this 2012 Act. + }
  SECTION 5.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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