71st OREGON LEGISLATIVE ASSEMBLY--2001 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 2587
 
                         Senate Bill 459
 
Sponsored by Senator HARPER (at the request of Miller Public
  Affairs)
 
 
                             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.
 
  Prohibits public agencies, State System of Higher Education and
Oregon Health Sciences University from requiring, in public
contracts or other agreements or when issuing grants or
guaranteeing bonds or loans, participation by labor organization
in project. Creates cause of action.
 
                        A BILL FOR AN ACT
Relating to business transactions of political subdivisions of
  the state.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + When letting or entering into a public contract
for a public improvement project, a public agency as defined in
ORS 279.011, the State System of Higher Education and the Oregon
Health Sciences University shall ensure that the public contract
bid specifications, project agreements and other controlling
documents entered into, required or subject to approval do not:
  (1) Require bidders, offerors, contractors or subcontractors to
enter into or adhere to agreements with a labor organization
regarding the public improvement project or a related project;
  (2) Discriminate against bidders, offerors, contractors or
subcontractors for refusing to become or remain signatories or
otherwise adhere to agreements with labor organizations regarding
the public improvement project or a related project; and
  (3) Require any bidder, offeror, contractor or subcontractor to
enter into, adhere to or enforce any agreement that requires its
employees as a condition of employment to:
  (a) Become members of or become affiliated with a labor
organization; or
  (b) Pay dues or fees to a labor organization, over an
employee's objection, in excess of the employee's share of labor
organization costs relating to collective bargaining, contract
administration or grievance adjustment. + }
  SECTION 2.  { + When letting or entering into a public contract
defined in ORS 279.011, entering into a cooperative agreement,
entering into a property transaction, issuing a grant authorizing
the use of public funds or guaranteeing a bond or loan or
otherwise participating in any project, a public agency as
defined in ORS 279.011, the State System of Higher Education and
the Oregon Health Sciences University shall ensure that the
contract, agreement or other controlling documents entered into,
required or subject to approval do not contain any of the
elements specified in section 1 of this 2001 Act. + }
  SECTION 3.  { + Any public agency as defined in ORS 279.011,
the State System of Higher Education and the Oregon Health
Sciences University shall exercise such authority as may be
required to preclude a fund or grant recipient or party to a
contract, agreement or other controlling document from imposing
on a contractor or subcontractor or other person any of the
elements specified in section 1 of this 2001 Act in connection
with the receipt of any funds or grant. + }
  SECTION 4.  { + In addition to any right of action under ORS
279.067, any interested party, including but not limited to a
bidder, offeror, contractor, subcontractor or taxpayer, has a
right of action against a public agency as defined in ORS
279.011, the State System of Higher Education and the Oregon
Health Sciences University to challenge any contract, bid
specification, agreement, controlling document, grant or
cooperative agreement that violates sections 1 to 3 of this 2001
Act, and shall be awarded liquidated damages equal to the amount
of actual damages, court costs and reasonable attorney fees if
the interested party is the prevailing party. + }
  SECTION 5.  { + This 2001 Act first applies to contracts, bid
specifications, agreements and other controlling documents for
projects entered into on and after the effective date of this
2001 Act. + }
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