74th OREGON LEGISLATIVE ASSEMBLY--2007 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 601
 
                         House Bill 2413
 
Sponsored by Representative BUTLER (Presession filed.)
 
 
                             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 contracting agencies, Oregon University System
and Oregon Health and Science University from requiring, in
public contracts or other agreements or when issuing grants or
guaranteeing bonds or loans, participation by labor organization.
Creates cause of action.
 
                        A BILL FOR AN ACT
Relating to business transactions of public bodies.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) This section applies to a public contract,
as defined in ORS 279A.010, a cooperative agreement, a property
transaction, a grant authorizing the use of public funds, the
guarantee of a bond or loan or the participation in any project.
  (2) When entering into a transaction described in subsection
(1) of this section, a contracting agency, as defined in ORS
279A.010, the Oregon University System and the Oregon Health and
Science University shall ensure that the public contract,
agreement or other controlling documents entered into, required
or subject to approval do not:
  (a) Require bidders, proposers, contractors or subcontractors
to enter into or adhere to agreements with a labor organization
in connection with the transaction;
  (b) Discriminate against bidders, proposers, contractors or
subcontractors for refusing to become or remain signatories or
otherwise adhere to agreements with labor organizations in
connection with the transaction; or
  (c) Require any bidder, proposer, 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.  { + A contracting agency, as defined in ORS
279A.010, the Oregon University System and the Oregon Health and
Science University shall exercise all authority required to
preclude a fund or grant recipient or a party to a public
contract, agreement or other controlling document from imposing
on a contractor, subcontractor or other person any of the
elements specified in section 1 of this 2007 Act in connection
with the receipt of any funds or grant. + }
  SECTION 3.  { + In addition to any right of action under ORS
279C.460, an interested party, including but not limited to a
bidder, proposer, contractor, subcontractor or taxpayer, has a
right of action against a contracting agency, as defined in ORS
279A.010, the Oregon University System and the Oregon Health and
Science University for the purpose of challenging a public
contract, bid specification, cooperative agreement, controlling
document, grant, bond guarantee, loan guarantee or other project
that violates section 1 or 2 of this 2007 Act. The court shall
award the prevailing interested party liquidated damages equal to
the amount of actual damages and reasonable attorney fees. + }
  SECTION 4.  { + Sections 1 to 3 of this 2007 Act first apply to
public contracts, cooperative agreements or property transactions
entered into, grants issued, bonds or loans guaranteed and
projects participated in on or after the effective date of this
2007 Act. + }
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