Chapter 399
AN ACT
HB 2075
Relating to landscaping; creating new provisions; and amending ORS
671.555, 671.565 and 671.570 and section 2, chapter 111, Oregon Laws 2007
(Enrolled House Bill 2076).
Be It Enacted by the People of
the State of
SECTION 1. (1)
To aid and advise the State Landscape Contractors Board in the performance of
the functions of the board, the board administrator may establish such advisory
and technical committees as the administrator considers necessary. These
committees may be continuing or temporary. The administrator shall determine
the representation, membership, terms and organization of the committees and
shall appoint their members. The administrator is an ex officio member of each
committee.
(2) Members of the
committees are not entitled to compensation, but the board may fix and pay to
the committee members from the funds available to the board per diem and actual
and necessary travel and other expenses incurred by the committee members in
the performance of their official duties.
SECTION 2.
ORS 671.555 is amended to read:
671.555. (1) The State
Landscape Contractors Board may investigate the activities of any person
engaged in the landscaping business to determine compliance with ORS 671.510 to
671.710.
(2) With the approval of
the city or county, the board may conduct investigations with city or county
inspectors, provided that the city or county is reimbursed by the board for the
costs of such investigations.
(3) Any inspector
authorized by the board to determine compliance with [the provisions of] ORS 671.510 to 671.710 [is authorized to] may require any person who is engaged in
any activity regulated by ORS 671.510 to 671.710 to demonstrate proof of
compliance with the [registration]
licensing requirements of ORS 671.510 to 671.710. If a person who is
contracting directly with the owner of the property does not demonstrate proof
of compliance with the [license] licensing
requirements of ORS 671.510 to 671.710, the inspector shall give notice of
noncompliance to the person. The notice of noncompliance shall be in writing,
shall specifically state that the person is not in compliance with the [registration] licensing
requirements of ORS 671.510 to 671.710 and shall provide that unless the person
demonstrates proof of compliance within two days of the date of the notice, the
inspector may by order stop all work then being done by the person. The notice
of noncompliance shall be served upon the person and shall be served upon or
delivered to the owner of each property upon which the person is then
performing work under contract. If more than one person is the owner of any
such property, a copy of the notice need be given to only one of such persons.
If after receipt of the notice of noncompliance the person fails within the
two-day period specified in the notice to demonstrate proof of compliance with
the [registration] licensing
requirements of ORS 671.510 to 671.710, the inspector is authorized to order
the work stopped by notice in writing served on any persons engaged in the
activity. Any person so notified shall stop such work until proof of compliance
is demonstrated. However, the inspector may not order the work stopped until at
least two days after the copies of the notice of noncompliance have been served
upon or delivered to the owners.
(4) Notwithstanding
subsection (3) of this section, the board may order work stopped immediately if
the [landscape contractor] landscaping
business working on a worksite [has
never registered with the board or if the contractor] cannot demonstrate
that the [contractor] business
has been [registered] licensed by
the board at any time within the two years immediately preceding work on
the worksite.
(5) The board has the
power to administer oaths, issue notices and subpoenas in the name of the
board, compel the attendance of witnesses and the production of evidence, hold
hearings and perform such other acts as are reasonably necessary to carry out
its duties under ORS 671.510 to 671.710.
(6) If any person fails to
comply with a subpoena issued under subsection (5) of this section or refuses
to testify on matters on which the person may be lawfully interrogated, the
board shall compel obedience in the manner provided in ORS 183.440.
SECTION 3.
ORS 671.565 is amended to read:
671.565. (1) Each person
applying for a landscaping business license [shall] must:
(a) Pay to the State
Landscape Contractors Board the applicable landscaping business license fee
established by the board under ORS 671.650.
(b) Have a landscape
contractor license or employ at least one person with a landscape
contractor license to supervise the landscaping operation of the business.
(c) Submit the names of
all employees who are licensed contractors.
(d) File with the board
a form of security acceptable under ORS 671.690.
(e) File with the board
a certificate of public liability, personal injury and property damage
insurance covering the work of the landscaping business that is subject to ORS
671.510 to 671.710 for an amount not less than $100,000.
(f) Indicate, as set
forth in ORS 670.600, the basis under which the applicant qualifies as an
independent contractor.
(2) At the time of
application for a license, for renewal of a license in active status or for
return of a license to active status, the landscaping business shall provide
evidence satisfactory to the board that the public liability, personal injury
and property damage insurance required by subsection (1)(e) of this section is
in effect. During a license period, the landscaping business shall provide, to
the extent required by the board, satisfactory evidence of continued public
liability, personal injury and property damage insurance coverage.
SECTION 4.
ORS 671.570 is amended to read:
671.570. Each person
applying for a landscape [contractor’s]
contractor license [shall] must:
(1) Pay to the State Landscape Contractors Board
the license fee required by ORS 671.650. [and:]
(2) Pay a
nonrefundable application fee.
[(1)] (3) Pay an examination fee and 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:]
(4)(a) Have,
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] landscaping business; or
(B) Twelve months of
employment with a [landscape contractor]
landscaping business and one full year of training in an area related to
landscaping at an accredited school or college; or
(b) [Proven] Prove to the satisfaction
of the board by test and experience that the applicant is qualified.
[(2)] (5) Be employed by a landscaping business if performing
landscaping work.
[(3) Pay a nonrefundable examination fee.]
SECTION 5.
Section 2, chapter 111, Oregon Laws 2007 (Enrolled House Bill 2076), is amended
to read:
Sec. 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] contractor
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] contractor
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 6. If
House Bill 2076 becomes law, section 4 of this 2007 Act (amending ORS 671.570)
is repealed and ORS 671.570, as amended by section 4, chapter 111, Oregon Laws
2007 (Enrolled House Bill 2076), is amended to read:
671.570. (1) Each person
applying for a landscape [contractor’s]
contractor license must:
(a) Pay a nonrefundable
application fee.
(b) Pay an examination
fee.
(c) Pay to the State
Landscape Contractors Board the landscape [contractor’s]
contractor license fee required by ORS 671.650.
(d) Pass an examination,
which the board shall offer at least once each six months, to determine the
fitness of the applicant for licensing and within 10 years before the day the
application for a license is made:
(A) Have at least 24
months of employment with a [landscape
contracting] landscaping business; or
(B) Have at least 12
months of employment with a [landscape
contracting] landscaping business and one full year of training in
an area related to landscaping at an accredited school or college.
(e) Be employed by, or
own, a landscaping business if performing landscaping work.
(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 June 13, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
__________