Rep. Elmer: HB 3881 hurts school districts, charter schools, more …

REPRESENTATIVE ELMER URGES LEGISLATURE TO PUT OREGON STUDENTS OVER SPECIAL INTERESTS
By Oregon State Representative Lucetta Elmer,

Salem, Ore. – Representative Lucetta Elmer (R-McMinnville), sounded the alarm on House Bill 3881 which adds a significant administrative burden onto Oregon’s School Districts, Education Special Districts, and Public Charter Schools completing K-12 construction projects. Schools that cannot meet the onerous requirements within this legislation will be subject to a costly financial penalty.

House Bill 3881 would require the “qualifying agencies” or School Districts, Education Special Districts, and Public Charter Schools to fulfill the following requirements:

• Must verify a contractors three-year compliance history with Federal & State Wage & Hour Laws, and Federal & State Workplace Safety Laws. It is unclear what would constitute “material compliance” under the bill.
• Must ensure that 15% of the employed workforce on the job are registered apprentices. This is particularly challenging for rural Oregon where this percentage of apprentices may not be accessible.
• Every “qualifying agency” unable to meet the 15% apprenticeship requirement will be subject to a $15/hour penalty for every hour they cannot meet the percentage, even if they try and meet this requirement in good faith. This is not insignificant, as projects can be thousands and thousands of hours on a larger project. These dollars will come out of the School District, Education Special District, or Public Charter School’s bottom line.

However, if a School District, Education Special District, or Public Charter School enters into a Project Labor Agreement (PLA), then they are not subject to ANY of these requirements. Studies have shown that requirements for PLAs disadvantage smaller contractors and make it particularly challenging in less urban areas of the state. ODOT’s own research has shown that PLAs increase construction costs by 10-20% and result in far fewer bids.

“It is no secret that Oregon students are struggling to meet basic proficiency standards. We as State Legislators must do everything within our power to prioritize the success of our students. That includes saying no to harmful legislation, like House Bill 3881, that would make Oregon’s students pay to benefit special interests,” said Representative Elmer. “The expansion of apprenticeships is a noble cause and something I believe we all want to see, but adding another unattainable mandate on the backs of our public schools is a shortsighted decision.”

House Bill 3881 is scheduled for a work session in the House Labor & Workplace Standards Committee on Wednesday, April 2nd. The legislation is opposed by the Oregon Coalition of Community Charter Schools and the Oregon School Boards Association.