Chapter 409 Oregon Laws 2001

AN ACT

HB 2127

Relating to State Landscape Contractors Board; creating new provisions; and amending ORS 182.451, 182.470, 670.605, 671.570, 671.630, 671.650, 671.660, 671.720 and 701.013.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The establishment of the State Landscape Contractors Board as a semi-independent state agency under the amendments to ORS 182.451 and 671.630 by sections 2 and 6 of this 2001 Act does not act to cancel, suspend or prevent:

(a) Any lawful debt owing by or to the State Landscape Contractors Board;

(b) Any fine, penalty, tax or obligation;

(c) Any contract or other obligation; or

(d) Any action taken by or on behalf of the State Landscape Contractors Board in the administration and enforcement of ORS 671.510 to 671.710, 671.720 or 671.990 (2).

(2) The amendments to ORS 670.605 by section 4 of this 2001 Act do not cancel, suspend, invalidate or prevent enforcement of any rule adopted pursuant to ORS 670.605 prior to the operative date of the amendments to ORS 670.605 by section 4 of this 2001 Act. Any rule adopted pursuant to ORS 670.605 in effect on the operative date of the amendments to ORS 670.605 by section 4 of this 2001 Act continues in full force and effect and is applicable for purposes of enforcing ORS 671.510 to 671.710, 671.720 and 671.990 (2) unless later superseded.

(3) Notwithstanding ORS 182.466 (4) and the amendments to ORS 671.570, 671.650 and 671.660 by sections 5, 7 and 8 of this 2001 Act, the fee structure utilized by the State Landscape Contractors Board immediately prior to the operative date of the amendments to ORS 671.570, 671.650 and 671.660 by sections 5, 7 and 8 of this 2001 Act continues in full force and effect until superseded by a fee structure adopted by the board on or after the operative date of the amendments to ORS 671.570, 671.650 and 671.660 by sections 5, 7 and 8 of this 2001 Act.

(4) Notwithstanding ORS 182.468 (3), except as provided in this subsection, the State Landscape Contractors Board shall continue to employ all classified employees employed by the board immediately prior to the operative date of the amendments to ORS 182.451 and 671.630 by sections 2 and 6 of this 2001 Act, subject to state personnel laws and collective bargaining agreements. The Construction Contractors Board and the State Landscape Contractors Board may agree on transfers of classified employees who are jointly utilized by the boards immediately prior to the operative date of the amendments to ORS 182.451 and 671.630 by sections 2 and 6 of this 2001 Act, subject to state personnel laws and collective bargaining agreements.

(5) Notwithstanding ORS 182.468 (3), the Construction Contractors Board and the State Landscape Contractors Board are bound by any collective bargaining agreement entered into by this state on behalf of the boards on, before or after the operative date of the amendments to ORS 182.451 and 671.630 by sections 2 and 6 of this 2001 Act.

(6) The establishment of the State Landscape Contractors Board as a semi-independent state agency under ORS 182.451 and 671.630 does not affect the status of any collective bargaining unit as the appropriate bargaining unit for State Landscape Contractors Board employees.

(7) Supplies, materials, equipment, records, books, papers and facilities controlled by the State Landscape Contractors Board immediately prior to the operative date of the amendments to ORS 182.451 and 671.630 by sections 2 and 6 of this 2001 Act continue to be under the control of the board.

(8) Notwithstanding ORS 182.462 and 183.335 (6), for the period beginning on the operative date of the amendments to ORS 182.451 and 671.630 by sections 2 and 6 of this 2001 Act and ending on June 30, 2003, or for any portion of that period, the State Landscape Contractors Board may adopt a budget by temporary rule under ORS 183.335 (5). For the period beginning on the operative date of the amendments to ORS 182.451 and 671.630 by sections 2 and 6 of this 2001 Act and ending on the earlier of June 30, 2003, or the date the board adopts a budget under this subsection, board operations continue to be governed by the expenditure classifications and amounts established in the legislatively approved budget of the board for the biennium ending June 30, 2003.

SECTION 2. ORS 182.451 is amended to read:

182.451. (1) [On October 31, 1999,] The following boards are transferred from the Health Division of the Department of Human Services and are established as semi-independent state agencies that are subject to ORS 182.456 to 182.472:

[(1)] (a) The State Board of Massage Therapists.

[(2)] (b) The Physical Therapist Licensing Board.

(2) The State Landscape Contractors Board is established as a semi-independent state agency that is subject to ORS 182.456 to 182.472.

SECTION 3. ORS 182.470 is amended to read:

182.470. (1) Notwithstanding ORS 670.335, except where otherwise specifically provided by statute pursuant to ORS 182.462 (5), all moneys collected or received by a board, placed to the credit of that board and remaining unexpended and unobligated on [October 31, 1999] the date that the board is established as a semi-independent state agency, and all moneys collected or received by a board after [October 31, 1999, shall] the date that the board is established as a semi-independent state agency, must be deposited into an account established by that board in a depository bank insured by the Federal Deposit Insurance Corporation. In a manner consistent with the requirements of ORS chapter 295, the chairperson, president or administrator of a board shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the Federal Deposit Insurance Corporation’s coverage. All moneys in the account are continuously appropriated to the board making the deposit for the purpose of carrying out the functions of the board.

(2) Subject to the approval of the chairperson, president or administrator, a board may invest moneys collected or received by the board. Investments made by a board are:

(a) Limited to investments described in ORS 294.035;

(b) Subject to the investment maturity date limitations described in ORS 294.135; and

(3) Interest earned from any accounts invested under subsection (2) of this section shall be made available to a board in a manner consistent with the board’s annual budget.

(4) Subject to the approval of the chairperson, president or administrator, all necessary board expenses shall be paid from the moneys collected or earned by a board.

(5) As used in this section, “depository bank” has the meaning given that term in ORS 295.005.

SECTION 4. ORS 670.605 is amended to read:

670.605. In accordance with ORS 183.310 to 183.550, those agencies responsible for the administration of ORS 671.510 to 671.710 and ORS chapters 316, 656, 657 and 701[,] jointly shall adopt rules to carry out the provisions of ORS 670.600.

SECTION 5. ORS 671.570 is amended to read:

671.570. Each person applying for a landscape contractor’s license shall pay to the State Landscape Contractors Board the fee required by ORS 671.650 and:

(1) Pass an examination, which shall be offered at least once each six months by the board to determine the fitness of the applicant for licensing and have:

(a) Within 10 years before the day the application for a license is made, at least:

(A) Twenty-four months of employment with a landscape contractor; or

(B) Twelve months of employment with a landscape contractor and one full year of training in an area related to landscaping at an accredited school or college; or

(b) Proven to the satisfaction of the board by test and experience that the applicant is qualified.

(2) Be employed by a landscaping business if performing landscaping work.

(3) Pay a nonrefundable examination fee [not to exceed $50].

SECTION 6. ORS 671.630 is amended to read:

671.630. [(1)] The State Landscape Contractors Board [is established] shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for purposes of carrying out the provisions of ORS 671.510 to 671.710, 671.720 and 671.990 (2). The board shall consist of seven members appointed by the Governor.[, who] The Governor shall make appointments to the board from all segments of the landscape contracting industry.[,] At least two [of whom shall] board members must be public members.

[(2) The function of the board established by this section, in addition to the functions prescribed by law, shall be to counsel and advise the Governor in the administration and enforcement of ORS 671.510 to 671.710.]

SECTION 7. ORS 671.650 is amended to read:

671.650. (1) The State Landscape Contractors Board shall establish fees, including but not limited to annual landscape contractor’s license fees and annual landscaping business license fees. [shall be established by the State Landscape Contractors Board and shall not exceed $50.]

[(2) The annual landscaping business fee shall not exceed $125.]

[(3)] (2) The license fee for an out-of-state landscaping business operating in Oregon [shall] must be the same as for an Oregon landscaping business [as provided in subsection (2) of this section].

SECTION 8. ORS 671.660 is amended to read:

671.660. (1) The fee for renewal of a license issued under ORS 671.510 to 671.710 shall be paid annually on or before the last day of the month of the anniversary of issuance.

(2) A person who has been previously licensed under ORS 671.510 to 671.710 and whose license has expired shall not be issued another license except upon written application to the State Landscape Contractors Board with the required annual fee [plus a penalty fee not to exceed $25]. The board may require the person to also pay a penalty fee.

(3) If a license lapses for two years or more, the individual or business must reapply as for initial issuance of the license.

(4) When a business renews its license [it] the business must submit the names of all employees who are licensed landscape contractors.

(5) When a person renews a landscape [contractor] contractor’s license, the person must submit the name of the employer if the person is currently performing landscaping work.

SECTION 9. ORS 671.720 is amended to read:

671.720. (1) Except as provided in subsection (4) of this section, [any] a person who violates any provision of ORS 671.510 to 671.710 or [any] a rule adopted [thereunder] pursuant to subsection (5) of this section or ORS 670.310, 670.605 or 671.670 shall forfeit and pay [into the General Fund of the State Treasury] to the State Landscape Contractors Board a civil penalty in an amount determined by the [State Landscape Contractors] board of not more than $2,000 for each offense. [The board may retain 20 percent of the funds collected under this section which shall be continuously appropriated for the board’s costs of collection of civil penalties.] Notwithstanding ORS 670.335, except as the board may otherwise provide under ORS 182.462 (5), the board shall deposit moneys received as fees or civil penalties into the account created by the board pursuant to ORS 182.470.

(2) The board shall impose civil penalties under this section [shall be imposed] as provided in ORS 183.090.

(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

(4) The board shall impose penalties [shall be imposed] and sanctions for violation of ORS 671.610 (6) on both the person to whom the contract is awarded and the person who awards the contract as follows:

(a) A [fine] civil penalty of not less than $500 nor more than $1,000 for the first offense;

(b) A [fine] civil penalty not less than $1,000 nor more than $2,000 for the second offense;

(d) Revocation of license for three years for a fourth offense.

(5) The board shall provide by rule a process and criteria that must be met for restoration of a license that has been revoked.

(6) If at any time following restoration of [the license of a person who has violated ORS 671.610 (6)] a license revoked under subsection (4)(d) of this section, the person is again found to have violated ORS 671.610 (6), the board shall revoke the person’s license [shall be] permanently [revoked].

SECTION 9a. If House Bill 2194 becomes law, section 9 of this 2001 Act (amending ORS 671.720) is repealed and ORS 671.720, as amended by section 3, chapter 108, Oregon Laws 2001 (Enrolled House Bill 2194), is amended to read:

671.720. (1) Except as provided in subsection (4) of this section, [any] a person who violates any provision of ORS 671.510 to 671.710 or [any] a rule adopted [thereunder] pursuant to subsection (5) of this section or ORS 670.310, 670.605 or 671.670 shall forfeit and pay [into the General Fund of the State Treasury] to the State Landscape Contractors Board a civil penalty in an amount determined by the [State Landscape Contractors] board of not more than $2,000 for each offense. [The board may retain 20 percent of the moneys collected under this section. The retained moneys are continuously appropriated for the board’s costs of collection of civil penalties.] Notwithstanding ORS 670.335, except as the board may otherwise provide under ORS 182.462 (5), the board shall deposit moneys received as fees or civil penalties into the account created by the board pursuant to ORS 182.470.

(2) The board shall impose civil penalties under this section [shall be imposed] as provided in ORS 183.090.

(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

(4) The board shall impose penalties [shall be imposed] and sanctions for violation of ORS 671.610 (8) on both the person to whom the contract is awarded and the person who awards the contract as follows:

(a) A [fine] civil penalty of not less than $500 nor more than $1,000 for the first offense;

(b) A [fine] civil penalty not less than $1,000 nor more than $2,000 for the second offense;

(d) Revocation of license for three years for a fourth offense.

(5) The board shall provide by rule a process and criteria that must be met for restoration of a license that has been revoked.

(6) If at any time following restoration of [the license of a person who has violated ORS 671.610 (8)] a license revoked under subsection (4)(d) of this section, the person is again found to have violated ORS 671.610 (8), the board shall revoke the person’s license [shall be] permanently [revoked].

SECTION 10. ORS 701.013 is amended to read:

701.013. It is the intent of the Legislative Assembly to reduce the number of city business licenses that construction contractors and landscape contractors are required to obtain in order to conduct business in the Portland metropolitan area. It is the purpose of this section and ORS 701.015 to enable construction contractors and landscape contractors to secure from the metropolitan service district one business license that will permit the conduct of business by such contractors in cities in which the contractors perform a limited amount of work and in which they do not have a principal place of business. Furthermore, it is also the intent of the Legislative Assembly that this section and ORS 701.015 apply only to contractors engaged in the building trades and crafts and to landscape contractors without regard to any subsequent expansion of the jurisdiction of the Construction Contractors Board or State Landscape Contractors Board over other trades and crafts. It is declared to be the policy of this state that, to the maximum extent possible consistent with the requirements of this section and ORS 701.015, the cities within the boundaries of the metropolitan service district be allowed to control the imposition of business license taxes and to maintain the level of revenues obtained from those taxes. The amount and trends of revenue produced or distributed to each city is intended to reflect the construction business activity within the participating cities.

SECTION 11. ORS 671.605 and 671.617 are added to and made a part of ORS 671.510 to 671.710.

SECTION 12. (1) Section 1 of this 2001 Act and the amendments to ORS 182.451, 182.470, 670.605, 671.570, 671.630, 671.650, 671.660, 671.720 and 701.013 by sections 2 to 10 of this 2001 Act become operative July 1, 2002.

(2) The Construction Contractors Board, State Landscape Contractors Board, Secretary of State and State Treasurer may take all reasonable and necessary actions to facilitate carrying out the purposes of section 1 of this 2001 Act and the amendments to ORS 182.451, 182.470, 670.605, 671.570, 671.630, 671.650, 671.660, 671.720 and 701.013 by sections 2 to 10 of this 2001 Act prior to the operative date of section 1 of this 2001 Act and the amendments to ORS 182.451, 182.470, 670.605, 671.570, 671.630, 671.650, 671.660, 671.720 and 701.013 by sections 2 to 10 of this 2001 Act.

SECTION 13. Section 14 of this 2001 Act is added to and made a part of ORS 671.510 to 671.710.

SECTION 14. (1) A landscape contractor or person operating as a landscaping business shall notify the State Landscape Contractors Board of a change of address for the contractor or business that occurs while the contractor or business is licensed by the board or within one year after a license becomes inactive. The landscape contractor or landscaping business shall ensure that the board receives notice of the change of address no later than the 10th day after the change of address occurs.

(2) Initial notice of a contested case or arbitration directed by the board to the last-known address of record for a landscape contractor or landscaping business is considered delivered to the contractor or business when deposited in the United States mail and sent registered, certified or post office receipt secured. Any other communication directed by the board to the last-known address of record for a landscape contractor or landscaping business is considered delivered to the contractor or business when deposited in the United States mail, regular mail.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date January 1, 2002

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