Bill Text: OR SB243 | 2013 | Regular Session | Introduced
Bill Title: Relating to prevailing rates of wage for projects on real property of port; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB243 Detail]
Download: Oregon-2013-SB243-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1277
Senate Bill 243
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
Business, Transportation and Economic Development for Northwest
Construction Alliance)
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.
Applies provisions of prevailing wage law to project that
constructs, reconstructs, renovates or paints improvement on real
property that port owns or controls, regardless of whether
project is publicly or privately owned, is constructed,
reconstructed, renovated or painted using funds of public agency
or whether port continues to occupy real property or leases real
property to private entity.
Becomes operative 91 days after effective date of Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to prevailing rates of wage for projects on real
property of port; creating new provisions; amending ORS
279C.800; 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;
(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 the provisions of ORS 279C.810 (2)(a), (b)
and (c), a project for constructing, reconstructing, renovating
or painting a road, highway, building, structure or improvement
of any type on real property that a port, as defined in ORS
777.005, owns or controls, regardless of whether:
(i) The road, highway, building, structure or improvement is
publicly or privately owned or is constructed, reconstructed,
renovated or painted using funds of a public agency; or
(ii) The port continues to occupy the real property or leases
the real property to a private entity. + }
(b) 'Public works' does not include:
(A) { - The reconstruction or renovation of - } { +
Reconstructing or renovating + } privately owned property that a
public agency leases; or
(B) { - The - } { + A private nonprofit entity's + }
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;
(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. { + The amendments to ORS 279C.800 by section 1 of
this 2013 Act apply to contracts for public works that a public
agency first advertises or otherwise solicits or, if the public
agency does not advertise or solicit the contract for public
works, to a contract for public works that the public agency
first enters into on or after the operative date specified in
section 3 of this 2013 Act. + }
SECTION 3. { + (1) The amendments to ORS 279C.800 by section 1
of this 2013 Act become operative 91 days after the effective
date of this 2013 Act.
(2) A public agency or 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 public agency or 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
public agency or the commissioner by the amendments to ORS
279C.800 by section 1 of this 2013 Act. + }
SECTION 4. { + 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. + }
----------
