Chapter 111
AN ACT
HB 2076
Relating to landscaping; creating new
provisions; and amending ORS 671.560 and 671.570.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS 671.510 to 671.710.
SECTION 2. (1) Notwithstanding ORS 671.570, the State
Landscape Contractors Board may issue a probationary landscape contractor
license to a person who does not meet the training and experience
qualifications set forth in ORS 671.570. To obtain a probationary landscape
contractor license, the person must:
(a) Pay a nonrefundable
application fee;
(b) Pay an examination
fee;
(c) Pay to the board the
landscape contractor’s license fee required by ORS 671.650; and
(d) Pass all sections of
the examination described in ORS 671.570 within 12 months after first taking
the examination.
(2) Two or more years
after receiving a probationary landscape contractor license, a probationary
landscape contractor may obtain removal from probationary status and issuance
of a landscape contractor’s license if the probationary landscape contractor presents the board with proof that the probationary
landscape contractor has done any of the following:
(a) Completed at least
24 months of employment with a licensed landscaping business under the direct
supervision of a landscape contractor.
(b) Provided supervision
described in ORS 671.540 (15) or 671.565 (1)(b) for at
least 24 months as the owner or employee of a licensed landscaping business
that, during that period:
(A) Filed and maintained
with the board a bond, letter of credit or deposit in the amount of $15,000;
and
(B) Performed
landscaping work only on landscaping projects where the amount charged by the
landscaping business for work on the project during any 12-month period did not
exceed $15,000.
(c) Actively operated
for at least 24 months as a construction contractor licensed under ORS chapter
701.
(3) Except as provided
in this section and ORS 671.560 and as the board may provide by rule, a
probationary landscape contractor licensed under this section is for all
purposes a landscape contractor licensed under ORS 671.560.
SECTION 3. ORS 671.560 is amended to read:
671.560. (1) Except as provided in ORS 671.590 and section 2 of this
2007 Act, the State Landscape Contractors Board shall issue a landscape
contractor’s license to an applicant who satisfies the requirements of ORS
671.570.
(2) The board shall
issue a landscaping business license to an applicant who satisfies the
requirements of the board.
(3) An applicant for a
license under this section shall apply to the board upon a form furnished by
the board and give such information as the board considers necessary.
(4)(a) The board
may issue a limited or specialty license if the applicant is required to have a
landscape contractor’s license or business license but is not qualified or
required to be licensed for all phases of landscape contracting.
(b) The board may
adopt rules to limit or restrict the landscape work performed by probationary
landscape contractors.
(5) A landscaping
business that qualifies for the exemption described in ORS 571.045 shall
indicate on its license application or license renewal application under this
section the reasons the business qualifies for the exemption.
SECTION 4. ORS 671.570 is amended to read:
671.570. (1) Each person applying for a landscape contractor’s license [shall] must:
(a) Pay a nonrefundable
application fee.
(b) Pay an examination
fee.
(c) Pay to the State Landscape Contractors Board
the landscape contractor’s license fee required by ORS 671.650. [and:]
[(1)] (d) Pass an examination, which [shall be offered] the board shall offer 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.]
(A) Have at least 24
months of employment with a landscape contracting business; or
(B) Have at least 12
months of employment with a landscape contracting business and one full year of
training in an area related to landscaping at an accredited school or college.
[(2)] (e) Be employed by, or own,
a landscaping business if performing landscaping work.
[(3) Pay a nonrefundable examination fee.]
(2) Notwithstanding
subsection (1) of this section, the board may adopt rules allowing a person who
does not meet the education and experience requirements in subsection (1)(d) of this section to substitute other education and
experience that demonstrate the fitness of the person for licensing as a
landscape contractor.
Approved by the Governor May 9, 2007
Filed in the office of Secretary of State May 10, 2007
Effective date January 1, 2008
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