71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2127
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Business and
Commerce Committee for the Oregon Landscape Contractors
Association)
CHAPTER ................
AN ACT
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671.720 and 671.990 (2) unless later superseded.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superseded by a fee structure adopted by the board on or after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
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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
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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
(c) Subject to the conduct prohibitions listed in ORS 294.145.
(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
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{ - 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.
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(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;
(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 (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 ___, 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
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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.
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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. + }
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Passed by House March 13, 2001
Repassed by House May 30, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 25, 2001
...........................................................
President of Senate
Enrolled House Bill 2127 (HB 2127-B) Page 7
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2127 (HB 2127-B) Page 8