Bill Text: OR SB782 | 2013 | Regular Session | Enrolled


Bill Title: Relating to incentives for increasing apprentice utilization on public improvements for state contracting agencies; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-07-03 - Effective date, July 1, 2013. [SB782 Detail]

Download: Oregon-2013-SB782-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 782

Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION

                     CHAPTER ................

                             AN ACT

Relating to incentives for increasing apprentice utilization on
  public improvements for state contracting agencies; and
  declaring an emergency.
  The Legislative Assembly finds that:
  (1) Apprenticeship is an important component of post-secondary
education and workforce development in Oregon.
  (2) The State of Oregon has a strong interest in encouraging
apprenticeship on public construction projects.
  (3) Many states, including Washington and California, have
adopted apprenticeship utilization standards for public
construction projects.
  (4) Oregon may have an interest in initiating apprenticeship
utilization standards for state agency construction projects and,
eventually, for all construction projects that use significant
state or other public funds.
  (5) Questions remain concerning:
  (a) The economic impact of minimum apprenticeship utilization
standards on state agencies and other public entities and how
best to minimize potential negative economic impacts;
  (b) The use of incentives and disincentives to encourage
compliance with apprenticeship utilization standards;
  (c) Oversight of contractor compliance with apprenticeship
utilization standards;
  (d) Whether apprenticeship utilization standards should apply
only to general contractors or also to subcontractors and
individual crafts;
  (e) How best to create incentives to develop a more diverse
workforce; and
  (f) The appropriateness of a single statewide apprenticeship
utilization standard instead of a range of standards for each
location or type of construction project.
  (6) The best way to answer the questions that remain is to
convene a task force under the direction of the Legislative
Assembly, with a goal of recommending legislation for the 2014 or
2015 regular session.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) The Task Force on Apprenticeship in State
Contracting is established, consisting of 14 members appointed as
follows:
  (a) The President of the Senate shall appoint two members from
among members of the Senate, ensuring that the appointment

Enrolled Senate Bill 782 (SB 782-B)                        Page 1

includes one member from each caucus, and shall designate one of
the members as a co-chair of the task force.
  (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives,
ensuring that the appointment includes one member from each
caucus, and shall designate one of the members as a co-chair of
the task force.
  (c) The President of the Senate and the Speaker of the House of
Representatives, by mutual agreement, shall appoint eight members
as follows:
  (A) One member representing a general contractor that has
performed public contracts for a public agency in this state and
that has a collective bargaining agreement with the contractor's
employees;
  (B) One member representing a general contractor that has
performed public contracts for a public agency in this state and
that does not have a collective bargaining agreement with the
contractor's employees;
  (C) One member representing a subcontractor that has performed
work for a contractor under a public contract in this state and
that has a collective bargaining agreement with the contractor's
employees;
  (D) One member representing a subcontractor that has performed
work for a contractor under a public contract in this state and
that does not have a collective bargaining agreement with the
subcontractor's employees; and
  (E) Four members who are representatives of labor organizations
or other representatives of persons who are engaged in
apprenticeable occupations.
  (d) The Governor shall appoint two members as follows:
  (A) One member who is an employee of a state contracting
agency; and
  (B) One member who is an employee of a local contracting
agency.
  (2) The task force shall:
  (a) Evaluate and make recommendations concerning apprenticeship
utilization standards for state contracting agencies, in the
course of which the task force shall consider:
  (A) The economic impact of an apprenticeship utilization
standard on contractors, the fiscal impact on state contracting
agencies and potential strategies to minimize the economic and
fiscal impacts;
  (B) Incentives and disincentives that would lead contractors to
comply with an apprenticeship utilization standard;
  (C) Lowering, over a period of time, the contract price at
which the apprenticeship utilization standard would apply to a
public contract;
  (D) Increasing, over a period of time, the percentage of the
total work hours that workers in apprenticeable occupations
perform on a public improvement that apprentices must perform;
  (E) Strategies for creating more diversity within the
apprenticeship workforce;
  (F) Methods for monitoring compliance with the apprenticeship
utilization standard;
  (G) Identifying projects that may be exempted from the
apprenticeship utilization standard, and the circumstances in
which the project may be exempted, which may include the location
or nature of the project; and
  (H) Whether and how the apprenticeship utilization standard may
be extended to other public agencies.

Enrolled Senate Bill 782 (SB 782-B)                        Page 2

  (b) Review and evaluate apprenticeship utilization standards
and programs that are in use by the Department of Transportation
and in the State of Washington.
  (3)(a) The task force may consult with experts, hear testimony
from affected persons and otherwise collect data and information
necessary to carry out the task force's duties.
  (b) The co-chairs of the task force may expand the task force's
membership if the co-chairs deem an expansion necessary.
  (4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (5) Official action by the task force requires the approval of
a majority of the members of the task force.
  (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (7) The task force shall meet at times and places specified by
the call of the co-chairs or of a majority of the members of the
task force.
  (8) The task force may adopt rules necessary for the operation
of the task force.
  (9)(a) The task force shall submit an initial report in the
manner provided by ORS 192.245, and may include recommendations
for legislation, to an interim committee of the Legislative
Assembly related to workforce development or public contracting
no later than December 1, 2013.
  (b) The task force shall submit a final report in the manner
provided by ORS 192.245, and may include additional
recommendations for legislation, to an interim committee of the
Legislative Assembly related to workforce development or public
contracting no later than November 1, 2014.
  (10) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation or
reimbursement for expenses the members incur in performing the
members' official duties. Members of the task force who are
members of the Legislative Assembly shall receive compensation
and expenses as provided in ORS 171.072.
  (11) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
  SECTION 2.  { + Section 1 of this 2013 Act is repealed on the
date of the convening of the 2015 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
  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. + }
                         ----------

Enrolled Senate Bill 782 (SB 782-B)                        Page 3

Passed by Senate May 1, 2013

Repassed by Senate June 24, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 20, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 782 (SB 782-B)                        Page 4

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 Senate Bill 782 (SB 782-B)                        Page 5
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