HB 3203 — 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.
Last action — Chapter 715, (2017 Laws): Effective date October 6, 2017.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 01, 2017. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
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<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.
Bill Text
We don't have the full text on file for this bill yet.
Read HB 3203 on the official Oregon source →Action History
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Chapter 715, (2017 Laws): Effective date October 6, 2017.
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Governor signed.
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President signed.
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Speaker signed.
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Thatcher declared potential conflict of interest.
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Rules suspended. Third reading. Carried by Beyer. Passed.
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Second reading.
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Recommendation: Do pass the C-Eng. bill.
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Referred to Ways and Means.
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First reading. Referred to President's desk.
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Third reading. Carried by McLain. Passed.
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Rules suspended. Carried over to July 6, 2017 Calendar.
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Second reading.
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Recommendation: Do pass with amendments and be printed C-Engrossed.
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Public Hearing and Work Session held.
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Work Session held.
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Returned to Full Committee.
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Assigned to Subcommittee On Capital Construction.
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Referred to Ways and Means by order of Speaker.
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Recommendation: Do pass with amendments, be printed B-Engrossed, and be referred to Ways and Means.
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Work Session held.
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Work Session held.
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Referred to Rules by order of Speaker.
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Without recommendation as to passage, with amendments, be printed A-Engrossed, and be referred to Rules.
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Work Session held.
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Public Hearing held.
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Referred to Business and Labor.
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First reading. Referred to Speaker's desk.
Sponsors
- Brian Clem · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 89 not signed on · 9 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (89)
89 members have not signed on to this bill.
Show all 89 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Alan DeBoer | — | Yea |
| Alan Olsen | — | Yea |
| Arnie Roblan | — | Yea |
| Betsy Johnson | — | Yea |
| Bill Hansell | — | Yea |
| Brian Boquist | — | Yea |
| Chuck Riley | — | Yea |
| Chuck Thomsen | — | Yea |
| Dennis Linthicum | — | Not Voting |
| Elizabeth Steiner Hayward | — | Yea |
| Ginny Burdick | — | Yea |
| Herman Baertschiger Jr. | — | Yea |
| Jackie Winters | — | Yea |
| Jeff Kruse | — | Yea |
| Laurie Monnes Anderson | — | Yea |
| Lee Beyer | — | Yea |
| Mark Hass | — | Yea |
| Michael Dembrow | — | Yea |
| Peter Courtney | — | Yea |
| Richard Devlin | — | Yea |
| Rod Monroe | — | Yea |
| Sara Gelser | — | Yea |
| Ted Ferrioli | — | Yea |
| Tim Knopp | — | Yea |
| Floyd Prozanski | Democrat | Yea |
| James Manning Jr. | Democrat | Yea |
| Kathleen Taylor | Democrat | Yea |
| Lew Frederick | Democrat | Yea |
| Fred Girod | Republican | Yea |
| Kim Thatcher | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 5 | 0 | 1 |
| Democrat | 14 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 54 | 5 | 0 | 1 |
| % of votes cast | 90% | 8% | 0% | 2% |
How each member voted (60)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 2 | 0 | 4 |
| Democrat | 8 | 0 | 0 | 2 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 38 | 2 | 0 | 6 |
| % of votes cast | 83% | 4% | 0% | 13% |
How each member voted (46)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 3 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 4 | 0 | 0 |
| % of votes cast | 56% | 44% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Barbara Smith Warner | — | Yea |
| Bill Kennemer | — | Nay |
| Dan Rayfield | — | Yea |
| Greg Barreto | — | Nay |
| Jennifer Williamson | — | Yea |
| Jodi Hack | — | Nay |
| Paul Holvey | — | Yea |
| Rob Nosse | Democrat | Yea |
| Mike McLane | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bill Kennemer | — | Yea |
| Dallas Heard | — | Yea |
| Greg Barreto | — | Yea |
| Janelle Bynum | — | Yea |
| Jodi Hack | — | Yea |
| Margaret Doherty | — | Yea |
| Paul Holvey | — | Yea |
| Julie Fahey | Democrat | Yea |
| Paul Evans | Democrat | Yea |
Subjects
Frequently asked questions
- What does HB 3203 do?
- 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.
- Who sponsors HB 3203?
- HB 3203 is sponsored by Brian Clem.
- What is the current status of HB 3203?
- This bill has been enacted into law. Introduced March 01, 2017. Enacted.
- Where can I track HB 3203?
- Track HB 3203 free on One Click Politics — get push/email alerts when it moves.
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