HB 3203 Oregon House · 2017 Regular Session

Relating to an analysis required before a contracting agency constructs a public improvement with the agency's own equipment and personnel; and prescribing an effective date.

Summary
Requires contracting agency to perform analysis to determine whether constructing public improvement with contracting agency's own equipment and personnel will result in least cost to contracting agency. Specifies elements of cost analysis. Requires contracting agency to file analysis with Commissioner of Bureau of Labor and Industries. Specifies threshold at which estimated cost of constructing public improvement triggers requirement to perform analysis. Requires Bureau of Labor and Industries every four years beginning in 2021 to review methodology for calculating costs and threshold amount at which contracting agency must prepare specifications and cost estimates for public improvement. Requires commissioner to investigate contracting agency's alleged violation of Act in response to complaint from construction contractor or trade association that represents construction contractors or if commissioner discovers or has reason to believe that violation of Act has occurred unless commissioner reasonably concludes that facts alleged do not constitute violation or that complaint was frivolous or was filed to harass contracting agency or for purposes other than to enforce requirements of law . Requires contractor or trade association to pay filing fee of $250 to submit complaint. Permits commissioner to require contracting agency to negotiate and enter into agreement to comply with requirements of Act if commissioner finds that contracting agency has violated Act within previous five years and to enter final order that sets forth terms of agreement between contracting agency and construction contractor or trade association. Permits party to agreement with contracting agency made in accordance with order of commissioner to submit complaint asking commissioner to enforce agreement. Requires commissioner to investigate complaint and, if commissioner finds substantial evidence of violation, to issue order to cease and desist from violation or conduct contested case hearing. Permits commissioner to impose civil penalty of not more than $5,000 on local contracting agency that commissioner finds has violated Act or breached agreement, or civil penalty of $20,000 if commissioner finds that violation was willful. Permits contractor or trade association to bring action to enforce cease and desist order. Becomes operative January 1, 2018. Takes effect on 91st day following adjournment sine die.
Bill status signed all 4 stages cleared
Introduction
Mar 2017
Committee Review
Jul 2017
Senate Passage
Jul 2017
Signed into Law
Aug 2017
Introduced Mar 1, 2017 Signed Aug 15, 2017
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
28
Key actions
9
Committee
10
Aug 15, 2017
Signed into law
Governor signed.
legislature
Jul 18, 2017
Legislature · Passed
President signed.
legislature
Jul 18, 2017
Legislature · Passed
Speaker signed.
legislature
Jul 7, 2017
Legislature · Passed
Rules suspended. Third reading. Carried by Beyer. Passed.
legislature
Jul 7, 2017
Legislature · Passed
Recommendation: Do pass the C-Eng. bill.
legislature
Jul 6, 2017
Committee
Referred to Ways and Means.
legislature
Jul 6, 2017
Introduced
First reading. Referred to President's desk.
legislature
Jul 6, 2017
Legislature · Passed
Third reading. Carried by McLain. Passed.
legislature
Jul 5, 2017
Legislature · Passed
Recommendation: Do pass with amendments and be printed C-Engrossed.
legislature
Jul 3, 2017
Legislature · Passed
Returned to Full Committee.
legislature
Jun 29, 2017
Committee
Assigned to Subcommittee On Capital Construction.
legislature
Jun 26, 2017
Committee
Referred to Ways and Means by order of Speaker.
legislature
Jun 26, 2017
Legislature · Passed
Recommendation: Do pass with amendments, be printed B-Engrossed, and be referred to Ways and Means.
legislature
Apr 21, 2017
Committee
Referred to Rules by order of Speaker.
legislature
Apr 21, 2017
Committee
Without recommendation as to passage, with amendments, be printed A-Engrossed, and be referred to Rules.
legislature
Mar 9, 2017
Committee
Referred to Business and Labor.
legislature
Mar 1, 2017
Introduced
First reading. Referred to Speaker's desk.
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Brian Clem
Brian Clem
DDemocratic
OR
21