Chapter 249
AN ACT
HB 2074
Relating to landscaping.
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) As used in this section:
(a) “Managing employee”
means a person who, at the time of an application for the issuance or renewal
of a landscaping business license:
(A) Is employed in
landscaping work only by the applicant; and
(B) Manages or shares in
the management of the applicant, as defined by the State Landscape Contractors
Board by rule.
(b) “Owner” means a
person who at the time of an application for the issuance or renewal of a
landscaping business license:
(A) Has an ownership
interest in the applicant; and
(B) Manages or shares in
the management of the applicant, as defined by the board by rule.
(2) If an applicant for
a landscaping business license does not have at least one owner or managing
employee who is licensed as a landscape contractor under ORS 671.560, the applicant shall provide the board with proof that an owner
or managing employee has completed required courses described in subsection (4)
of this section and passed an examination on the subject of those courses.
(3) The board may adopt
rules to require a landscaping business and any owner or managing employee to
provide the board with notice of any change in the employment or duties of the
owner or managing employee.
(4) The board shall
adopt rules establishing required courses for an owner or managing employee who
seeks to qualify the business for a landscaping business license, but who is
not licensed as a landscape contractor. The courses required by the board shall
be designed to educate the owner or managing employee regarding business practices
and
(5) When adopting rules
to carry out subsection (4) of this section, the board shall consider the
availability of courses in the regions of this state. The board shall encourage
course providers to use the most up-to-date technology to make courses widely
available.
(6) A course provider
may submit information regarding course materials, examinations and instructor
qualifications to the board for approval. The board shall approve courses if
the course materials, examinations and instructors meet board requirements. The
board shall periodically review approved courses to ensure continuing compliance
with board requirements. The board shall develop and make available a list of
providers that offer courses that will enable an owner or managing employee to
comply with the requirements of subsection (2) of this section.
SECTION 3. (1) The State Landscape Contractors Board
shall make an initial list of courses approved under section 2 of this 2007 Act
available to the public on or before March 1, 2008.
(2) Section 2 of this
2007 Act applies to landscaping business licenses that are initially issued on or
after January 1, 2009.
SECTION 4. If a licensed landscaping business does not
have at least one owner or managing employee, both as defined in section 2 of
this 2007 Act, who is licensed as a landscape contractor under ORS 671.560, and
the landscaping business license was initially issued by the State Landscape
Contractors Board on or after January 1, 2008, and before January 1, 2009, upon
applying to renew that license the applicant shall provide the board with proof
that an owner or managing employee has completed required courses described in
section 2 of this 2007 Act and passed an examination on the subject of those
courses.
SECTION 5. Section 4 of this 2007 Act is repealed
January 2, 2012.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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