71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 320
 
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)
 
 
                     CHAPTER ................
 
 
                             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 corporation, partnership or individual if any individual
who is an owner, shareholder or officer of the business is or was
the owner or officer of a business that: - }  { +  a person if
the person, or the owner or holder of a direct or indirect
interest in the person: + }
  (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) - }   { + (b) + }   { - Owes any amount pursuant to a
court order - }   { + Owes any amount under final judgment of a
court + } or civil penalty arising from construction business
activities in  { + Oregon or + } any other state of the United
States  { - . - }  { + ; or
  (c) Has had a license to operate as a construction contractor
revoked by a construction contractor licensing agency of any
state.
  (2) The board may hold the suspension or refusal of a license
under subsection (1) of this section in abeyance if the person is
adhering to a board-approved plan for restitution of the amount
owed.
  (3) The board shall adopt rules defining the ownership or
holding of a direct or indirect interest for purposes of
subsection (1) of this section. The rules may not define direct
or indirect interest in a manner that includes the interest of an
investor who has no right to manage a business, including but not
limited to, the interest of:
  (a) A person who is solely a minority shareholder in a
corporation;
  (b) A member of a manager-managed limited liability company; or
 
 
 
 
Enrolled Senate Bill 320 (SB 320-B)                        Page 1
 
 
 
  (c) A limited partner in a limited partnership who does not
participate in the control of the business of the limited
partnership. + }
    { - (2) - }   { + (4) + } The board may place a contractor on
probation if { +  a total of + } three or more claims are filed
 { - against the contractor - } with the board within a 12-month
period  { + against the contractor or a former licensed
construction company in which the contractor held at least a 10
percent ownership interest, measured as determined by board
rule + }. 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. + }
                         ----------
 
 
Passed by Senate February 13, 2001
 
Repassed by Senate May 24, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 21, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 320 (SB 320-B)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 320 (SB 320-B)                        Page 3