House Bill 3203

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<b> 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</b>. 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.<b> Permits contractor or trade association to bring action to enforce cease and desist order.</b> Becomes operative January 1, 2018. Takes effect on 91st day following adjournment sine die.

In the House of Representatives

• Brian Clem

  Sponsor

• House of Representatives, third reading54–5

  Passed · Jul 6 · 1 present

• Senate, third reading29–0

  Passed · Jul 7 · 1 present

• House of Representatives committee amendmentAdopted

  Adopted Jun 26

• House of Representatives committee amendmentAdopted

  Adopted Jul 5

l9n doesn't hold this bill's text yet.

In the House of Representatives Mar 1 – Jul 6

1. Mar 1Introduced
2. Mar 8Sent to Business and Labor
3. Apr 5Heard in Business and Labor
4. Apr 17Heard in Business and Labor
5. Apr 21Business and Labor reported it without a recommendation, and that it go to Rules
6. Sent to Rules
7. May 18Heard in Rules
8. Jun 19Heard in Rules
9. Jun 26Rules recommended it as amended, and that it go to Ways and Means
10. Sent to Ways and Means
11. Jun 29Sent to Capital Construction Subcommittee
12. Jul 3Returned to Ways and Means
13. Heard in Ways and Means
14. Heard in Ways and Means
15. Jul 5Ways and Means recommended it as amended
16. Read a second time
17. Jul 6Passed the House of Representatives, 54 to 5

In the Senate Jul 6 – Jul 7

1. Jul 6Arrived in the Senate
2. Sent to Ways and Means
3. Jul 7Ways and Means recommended it
4. Read a second time
5. Passed the Senate, 29 to 0

To the Governor Jul 18 – Aug 18

1. Jul 18Signed in the House of Representatives
2. Signed in the Senate
3. Aug 15Signed by the Governor
4. Aug 18Became chapter 715 of Oregon Laws 2017, in force from October 6, 2017