71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1031
 
                         House Bill 2194
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for State Landscape Contractors Board)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Extends State Landscape Contractors Board sanctioning power to
cover additional forms of business. Expands grounds for
suspending or refusing to license individual or landscaping
business. Allows sanctions against landscaping business for
failure to comply with public contracting laws, including but not
limited to prevailing wage rate requirement.
 
                        A BILL FOR AN ACT
Relating to landscape contractor discipline; amending ORS
  671.610, 671.613 and 671.628.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 671.610 is amended to read:
  671.610. (1)  { + In addition to any civil penalty assessed
under ORS 671.720, + } the State Landscape Contractors Board may
suspend, revoke or refuse to issue or renew the license of any
person who:
  (a) Has obtained or attempted to obtain a license under ORS
671.510 to 671.710 by fraud or material misrepresentation;
  (b) Has made a material misrepresentation about the quality of
any material or service the person provides;
  (c) Has performed defective work;
  (d) Has furnished defective materials;
  (e) Has made misleading statements when advertising services or
materials;
  (f) Has violated a provision of ORS 671.510 to 671.710;
  (g) Has had the bond or deposit required by ORS 671.690
terminated, canceled or reduced or withdrawn; or
  (h) Has violated a voluntary compliance agreement entered into
under ORS 646.605 to 646.652.
  (2) The board may suspend  { + the license of + } or refuse to
license
  { - any - }  { +  an individual, or a + } corporation,
partnership { + , limited liability company, limited liability
partnership or other business in which the individual is + }
 { - or individual if any individual who is - }  an owner { + ,
shareholder, member + } or officer { + , if the individual + }
  { - of the business - }  is or was   { - the - }  { +  an + }
owner or officer of a business that:
 
  (a) Owes any amount pursuant to a final order or arbitration
award of the board;   { - or - }
  (b) Owes any amount pursuant to a court order or civil penalty
arising from landscaping or construction business activities in
this or any other state of the United States  { - . - }  { + ;
  (c) Owes any amount to a surety company that has paid money
from the surety bond of a landscaping business; or
  (d) Has had its license to operate as a landscaping business
revoked by the landscape contractor licensing agency of any
state. + }
  (3)   { - A person - }  { +  An individual + } who has been a
sole proprietor, partner { + , limited liability company member,
limited liability partnership member + } or corporate officer of
a landscaping business the license of which has been suspended or
revoked may be denied a license if the   { - person - }  { +
individual + } knowingly participated in the conduct that led to
the suspension or revocation.
  (4) A person whose license is revoked or not renewed pursuant
to this section   { - shall - }   { + is + } not   { - be - }
eligible to apply for a license under ORS 671.510 to 671.710
until two years after the effective date of the revocation or of
the nonrenewal.
  (5) In addition to the remedies of license denial, suspension,
revocation or refusal to renew a license, when it appears to the
board that a person has engaged in, or is engaging in, any act,
practice or transaction   { - which - }   { + that + } violates
the provisions of this chapter, the board may direct the Attorney
General to apply to the court for an injunction restraining the
person from violating the provisions of this chapter.
  (6)(a) The board may suspend, revoke or refuse to reissue a
license to a landscape contractor if the board determines, after
notice and opportunity for a hearing, that the contractor was
working with another landscape contractor or landscape
contractors on the same task and work site where one of the
contractors is registered exempt under ORS 671.525 (2)(b) and the
total number of landscape contractors working on the task
exceeded:
  (A) Two sole proprietors;
  (B) One partnership;
  (C) One corporation; or
  (D) One limited liability company.
  (b) The board may assess a civil penalty as provided under ORS
671.720 (4) for a violation of paragraph (a) of this subsection.
  SECTION 2. ORS 671.613 is amended to read:
  671.613. (1) The failure of a landscaping business to comply
with the provisions of this section  { - , - }   { + and + } ORS
 { + 279.348 to 279.363, + } 656.021, 657.665, 670.600, 671.520,
671.525, 671.530 and 671.575 or to be in conformance with the
provisions of ORS chapter  { + 279, + } 316, 571, 656 or 657 is a
basis for suspension of the landscaping business license,
revocation of the landscaping business license, refusal to issue
or reissue a landscaping business license, assessment of a civil
penalty as set forth in ORS 671.720 or a combination of these
sanctions.
  (2) Any action against a landscaping business under this
section shall be conducted in conformance with the provisions of
ORS 183.413 to 183.497.
  SECTION 3. ORS 671.628 is amended to read:
  671.628. The State Landscape Contractors Board may suspend the
license of or refuse to license   { - any - }  { +  an
individual, or a + } corporation, partnership { + , limited
liability company, limited liability partnership or other
business in which the individual is + }
  { - or individual if any individual who is - }  an owner,
shareholder { + , member + } or officer { + , if the
individual + }   { - of the business - }  is or was
  { - the - }  { +  an + } owner or officer of a business that
owes any amount pursuant to a final order of the board.
                         ----------