Bill Text: OR SB178 | 2011 | Regular Session | Enrolled
Bill Title: Relating to prevailing rate of wage applicable to public works contracts; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-07 - Effective date, June 7, 2011. [SB178 Detail]
Download: Oregon-2011-SB178-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 178
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Commerce and Workforce Development)
CHAPTER ................
AN ACT
Relating to prevailing rate of wage applicable to public works
contracts; creating new provisions; amending ORS 279C.815,
279C.830 and 279C.855; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.815 is amended to read:
279C.815. (1) As used in this section, 'person' { - includes
any - } { + means an + } employer, { + a + } labor
organization or { - any - } { + an + } official
representative of an employee or employer association.
(2)(a) The Commissioner of the Bureau of Labor and Industries
{ + at least once each year + } shall determine the prevailing
rate of wage for workers in each trade or occupation in each
locality described in ORS 279C.800 { - at least once each
year - } by means of an independent wage survey and { +
shall + } make this information available at least twice each
year. The commissioner may amend the rate at any time.
(b) If { - it appears to the commissioner that - } the data
derived only from the survey described in paragraph (a) of this
subsection
{ - are - } { + appear to the commissioner to be + }
insufficient to determine the prevailing rate of wage, the
commissioner { - also - } shall consider additional
information such as collective bargaining agreements, other
independent wage surveys and the prevailing rates of wage
determined by appropriate federal agencies or agencies of
adjoining states. If there is not a majority in the same trade or
occupation paid at the same rate, the average rate of hourly
wage, including all fringe benefits, paid in the locality to
workers in the same trade or occupation { - shall be - } { +
is + } the prevailing rate. If the wage { - paid by any - }
{ + a + } contractor or subcontractor { + pays + } to workers
on { - any - } { + a + } public works is based on
{ - some - } { + a + } period of time other than an hour, the
hourly wage
{ - shall - } { + must + } be mathematically determined by
the number of hours worked in that period of time.
{ - (c) The commissioner shall compare the prevailing rate of
wage determined under paragraph (a) of this subsection with the
Enrolled Senate Bill 178 (SB 178-INTRO) Page 1
federal prevailing rate of wage required under the Davis-Bacon
Act (40 U.S.C. 3141 et seq.) and determine which rate is higher
for workers in each trade or occupation in each locality. The
commissioner shall make this information, showing which
prevailing rate of wage is higher for workers in each trade or
occupation in each locality, available at the same time as the
commissioner makes information available under paragraph (a) of
this subsection. - }
(3) A person shall make { - such - } reports and returns to
the Bureau of Labor and Industries { - as - } { + that + }
the commissioner { - may require - } { + requires + } to
determine the prevailing rates of wage { - . The reports and
returns shall be made upon forms furnished by - } { + , using
forms + } the bureau { + provides + } and within the time
{ - prescribed by - } the commissioner { + prescribes + }. The
person or an authorized representative of the person shall
certify to the accuracy of the reports and returns.
(4) Notwithstanding ORS 192.410 to 192.505, { - all - }
reports and returns or other information provided to the
commissioner under this section are confidential and not
available for inspection by the public.
(5) { - In order to assist the commissioner in making
determinations of the prevailing rates of wage, - } The
commissioner may enter into { - contracts - } { + a
contract + } with { + a + } public or private
{ - parties - } { + party + } to obtain { - relevant - }
data and information { + the commissioner needs to determine the
prevailing rate of wage + }. { - Any such - } { + The + }
contract may { - include provisions - } { + provide + } for
the manner and extent of the market review of affected trades and
occupations and { - such - } { + for + } other requirements
regarding timelines of reports, accuracy of data and information
and supervision and review as the commissioner { - may
prescribe - } { + prescribes + }.
SECTION 2. ORS 279C.830 is amended to read:
279C.830. (1)(a) Except as provided in paragraph { - (d) - }
{ + (e) + } of this subsection, the specifications for every
contract for public works { - shall - } { + must + } contain
a provision { - stating - } { + that states + } the existing
state prevailing rate of wage and, if applicable, the federal
prevailing rate of wage required under the Davis-Bacon Act (40
U.S.C. 3141 et seq.) that { - may - } { + must + } be paid to
workers in each trade or occupation { - required for the public
works employed in the performance of the contract either by - }
{ + that + } the contractor or subcontractor or other
person { + who is a party to the contract uses in performing all
or part of the contract. + } { - doing or contracting to do the
whole or any part of the work contemplated by the contract.
When - } { + If + } the prevailing rates of wage are available
electronically or are accessible on the Internet, the rates may
be incorporated into the specifications by referring to the
electronically accessible or Internet-accessible rates and by
providing adequate information about how to access the rates.
(b) If a public agency { - is required - } under paragraph
(a) of this subsection { - to - } { + must + } include the
state and federal prevailing rates of wage in the specifications,
the public agency { - also shall include in the specifications
information showing which prevailing rate of wage is higher for
workers in each trade or occupation in each locality, as
determined by the Commissioner of the Bureau of Labor and
Enrolled Senate Bill 178 (SB 178-INTRO) Page 2
Industries under ORS 279C.815 (2)(c). - } { + shall also
require the contractor to pay the higher of the applicable state
or federal prevailing rate of wage to all workers on the public
works. + }
(c) Every contract and subcontract { - shall contain a
provision - } { + must provide + } that the workers
{ - shall - } { + must + } be paid not less than the specified
minimum hourly rate of wage in accordance with ORS 279C.838 and
279C.840.
{ + (d) If a public works project is subject both to ORS
279C.800 to 279C.870 and to the Davis-Bacon Act, every contract
and subcontract must provide that workers on the public works
must be paid not less than the higher of the applicable state or
federal prevailing rate of wage. + }
{ - (d) - } { + (e) + } A public works project described in
ORS 279C.800 (6)(a)(B) or (C) is subject to the existing state
prevailing rate of wage or, if applicable, the federal prevailing
rate of wage required under the Davis-Bacon Act that is in effect
at the time a public agency enters into an agreement with a
private entity for the project. After that time, the
specifications for { - any - } { + a + } contract for the
public works { - shall - } { + must + } include the
applicable prevailing rate of wage.
(2) The specifications for { - every - } { + a + } contract
for public works { - shall contain a provision stating - }
{ + must provide + } that the contractor and every
subcontractor must have a public works bond filed with the
Construction Contractors Board before starting work on the
project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).
Every contract { - awarded by - } { + that + } a contracting
agency { + awards must require + } { - shall contain a
provision requiring - } the contractor { + to + }:
(a) { - To - } Have a public works bond filed with the
Construction Contractors Board before starting work on the
project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).
(b) { - To include in - } { + Require, in + } every
subcontract { + , + } { - a provision requiring the
subcontractor to - } { + that the subcontractor + } have a
public works bond filed with the Construction Contractors Board
before starting work on the project, unless exempt under ORS
279C.836 (4), (7), (8) or (9).
SECTION 3. ORS 279C.855 is amended to read:
279C.855. (1) { - Any - } { + A + } contractor or
subcontractor or contractor's or subcontractor's surety that
violates the provisions of ORS 279C.840 is liable to the workers
affected in the amount of { - their - } { + the workers' + }
unpaid minimum wages, including all fringe benefits, and in an
additional amount equal to the unpaid wages as liquidated
damages.
(2) Actions to enforce liability to workers under subsection
(1) of this section may be brought as actions on contractors'
bonds as provided for in ORS 279C.610.
(3) If a public agency fails to { - include a provision that
the contractor and any subcontractor shall comply with ORS
279C.840 - } { + provide + } in the advertisement for bids, the
request for bids, the contract specifications, the accepted bid
or elsewhere in the contract documents { + that the contractor
and any subcontractor must comply with ORS 279C.840 + }, the
liability of the public agency for unpaid minimum wages, as
described in subsection (1) of this section, is joint and several
Enrolled Senate Bill 178 (SB 178-INTRO) Page 3
with { - any - } { + a + } contractor or subcontractor that
had notice of the requirement to comply with ORS 279C.840.
(4) { - When - } { + If + } a public works project is
subject to the Davis-Bacon Act { + , + } { - ( - } 40 U.S.C.
3141 et seq. { - ) - } { + , + } and a public agency fails to
include the state and federal prevailing rates of wage in the
specifications for the contract for public works as required
under ORS 279C.830 (1)(a), or fails to { - include in the
specifications information showing which prevailing rate of wage
is higher for workers in each trade or occupation in each
locality as required under ORS 279C.830 (1)(b) - } { + provide
in the contract that workers on the public works must be paid not
less than the higher of the applicable state or federal
prevailing rate of wage as required under ORS 279C.830
(1)(d) + }, the public agency is liable to each affected worker
for:
(a) The worker's unpaid minimum wages, including fringe
benefits, in an amount that equals, for each hour worked, the
difference between the applicable higher rate of wage and the
lower rate of wage; and
(b) An additional amount, equal to the amount of unpaid minimum
wages due under paragraph (a) of this subsection, as liquidated
damages.
(5) The Commissioner of the Bureau of Labor and Industries may
enforce the provisions of subsections (3) and (4) of this section
by a civil action under ORS 279C.850 (4), by a civil action on an
assigned wage claim under ORS 652.330, or by an administrative
proceeding on an assigned wage claim under ORS 652.332.
SECTION 4. { + The amendments to ORS 279C.830 and 279C.855 by
sections 2 and 3 of this 2011 Act apply to contracts for public
works that a contracting agency first advertises or solicits on
or after the effective date of this 2011 Act or, if the
contracting agency does not advertise or solicit the contract, to
a contract that the contracting agency enters into on or after
the effective date of this 2011 Act. + }
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate March 21, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 25, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 178 (SB 178-INTRO) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 178 (SB 178-INTRO) Page 5
