71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to HB 2194
 
LC 1031/HB 2194-1
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2194
 
    By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
 
                            March 27
 
  On page 1 of the printed bill, line 2, after 'and' insert '
671.720; and repealing ORS'.
  In line 6, delete 'who' and insert 'that'.
  Delete lines 18 through 21 and insert:
  ' (2) The board may suspend the license of or refuse to license
a person if the person, or the owner or holder of a direct or
indirect interest in the person:'.
  In line 27, delete 'its' and insert 'a'.
  After line 28, insert:
  ' (3) The board shall adopt rules defining the ownership or
holding of a direct or indirect interest for purposes of
subsection (2) of this section.
  ' (4) The board may hold the suspension or refusal of a license
under subsection (2) of this section in abeyance if the person is
adhering to a board-approved plan for restitution of the amount
owed.'.
  In line 29, delete '(3)' and insert '(5)'.
  On page 2, line 3, delete '(4)' and insert '(6)'.
  In line 6, delete '(5)' and insert '(7)'.
  In line 11, delete '(6)(a)' and insert '(8)(a)'.
  Delete lines 31 through 36 and insert:
  '  { +  SECTION 3. + } ORS 671.720 is amended to read:
  ' 671.720. (1) Except as provided in subsection (4) of this
section, any person who violates any provision of ORS 671.510 to
671.710 or any rule adopted thereunder shall forfeit and pay into
the General Fund of the State Treasury 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 - }  { +  moneys + } collected under
this section { + . The retained moneys are + }   { - which shall
be - }  continuously appropriated for the board's costs of
collection of civil penalties.
  ' (2) 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) Penalties shall be imposed for violation of ORS 671.610
  { - (6) - }  { +  (8) + } on both the person to whom the
contract is awarded and the person who awards the contract as
follows:
  ' (a) A fine not less than $500 nor more than $1,000 for the
first offense;
  ' (b) A fine 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) - }  { +  (8) + },
the person is again found to have violated ORS 671.610
 { - (6) - }  { +  (8) + }, the person's license shall be
permanently revoked.
  '  { +  SECTION 4. + }  { + ORS 671.628 is repealed. + } ' .
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