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 1021
 
                           A-Engrossed
 
                         Senate Bill 320
                Ordered by the Senate February 8
          Including Senate Amendments dated February 8
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for Construction 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.
 
  Extends power of Construction Contractors Board to use
licensing sanctions to additional forms of business organization.
 { +  Provides that board may hold suspension or refusal to
license in abeyance if certain individuals are adhering to
restitution plan. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to construction contractor discipline; amending ORS
  701.102; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 701.102 is amended to read:
  701.102. (1) The Construction Contractors Board may suspend
  { - a - }   { + 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;
  (b) Has an outstanding final judgment of a court that a bond
under ORS 701.085 would have been subject to; or
  (c) Owes any amount pursuant to a court order or civil penalty
arising from construction business activities in any other state
of the United States.
   { +  (2) The board may hold the suspension or refusal of a
license under subsection (1) of this section in abeyance if the
individual is adhering to a board-approved plan for restitution
of the amount owed. + }
    { - (2) - }   { + (3) + } The board may place a contractor on
probation if three or more claims are filed against the
contractor with the board within a 12-month period. A contractor
may not be placed on probation unless the board determines after
investigation that it is likely that the contractor has caused
harm to the claimants.  The board may require a contractor that
is placed on probation to develop a corrective action plan, to
attend specific classes and to resolve outstanding claims. The
board may require a contractor that is placed on probation to
take any education and training described under ORS 701.280 and
to pass an examination on subjects relating to business practices
and laws affecting construction contractors. The board shall take
action to terminate the contractor's license if the contractor is
unwilling or unable to comply with the conditions of probation.
  SECTION 2.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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