71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to RC to A-Eng. HB 2127
 
LC 1626/HB 2127-A3
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED HOUSE BILL 2127
 
    By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
 
                            April 19
 
  On page 4 of the printed A-engrossed bill, after line 43,
insert:
  '  { +  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section 9 of this 2001 Act (amending ORS 671.720) is repealed and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 ___, 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;
  ' (c) Suspension of license for six months for a third offense;
and
  ' (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 - } .'.
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