Chapter 550
AN ACT
HB 2538
Relating to landscape contractor continuing education; creating new
provisions; amending ORS 671.660; repealing section 34, chapter 541, Oregon
Laws 2007 (Enrolled House Bill 2117); and declaring an emergency.
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) The State Landscape Contractors Board
shall adopt rules establishing continuing education requirements for landscape
contractors. The board may not require landscape contractors to take more than
10 hours of continuing education every year.
(2) The board may
approve programs for purposes of landscape contractor continuing education and
determine the number of hours to be credited to the programs. The board shall
ensure that continuing education opportunities for landscape contractors are
readily available.
(3) Programs approved by
the board for continuing education purposes must be designed to directly
contribute to landscape contractor professional competency. Approved programs
may include, but need not be limited to:
(a) Professional
development programs and technical meetings of professional associations for
landscaping businesses or for related industries such as pesticide application
or irrigation auditing;
(b) University or
college courses related to landscape contracting or horticulture;
(c) Professional staff
training programs by landscape contractor associations; and
(d) Online or other
forms of educational programs.
(4) The board may adopt
rules establishing grounds for obtaining a waiver of landscape contractor
continuing education requirements. The board may not allow a waiver for more
than two consecutive years except for a waiver due to military service,
retirement, disability, absence from the state, inactive status or extreme
hardship.
SECTION 3. ORS 671.660 is amended to read:
671.660. (1) The fee for renewal of a license issued under ORS 671.510 to
671.710 shall be paid annually on or before the last day of the month of the
anniversary of issuance.
(2) The State
Landscape Contractors Board may not issue a new license to a person who has
been previously licensed under ORS 671.510 to 671.710 and whose license has
expired, unless the person makes written application on a form approved by
the board and pays the required annual fee. [shall not be issued another license except upon written application to the
State Landscape Contractors Board with the required annual fee.] The board
may require the person to also pay a penalty fee.
(3) If a license lapses
for two years or more, the individual or business must reapply as for initial
issuance of the license.
(4) When a business
renews its license the business must submit the names of all employees who are
licensed landscape contractors.
(5) When a person renews
a landscape [contractor’s] contractor
license, the person must:
(a) Submit the name of the employer if the
person is currently performing landscaping work; and
(b) Demonstrate that the
person has complied with the continuing education requirement adopted by the
board.
SECTION 4. (1) The State Landscape Contractors Board
shall establish an initial continuing education requirement and a continuing
education program approval process no later than March 1, 2008.
(2) The amendments to
ORS 671.660 by section 3 of this 2007 Act apply to the renewal of landscape
contractor licenses that expire on or after January 1, 2009.
SECTION 5. If House Bill 2117 becomes law, section 2 of
this 2007 Act is amended to read:
Sec.
2. (1) The State Landscape Contractors Board shall adopt rules
establishing continuing education requirements for landscape [contractors] construction
professionals. The board may not require landscape [contractors] construction professionals to take more than 10
hours of continuing education every year.
(2) The board may
approve programs for purposes of [landscape
contractor] continuing education for landscape construction
professionals and determine the number of hours to be credited to the
programs. The board shall ensure that continuing education opportunities for
landscape [contractors]
construction professionals are readily available.
(3) Programs approved by
the board for continuing education purposes must be designed to directly
contribute to [landscape contractor]
the professional competency of landscape construction professionals.
Approved programs may include, but need not be limited to:
(a) Professional
development programs and technical meetings of professional associations for [landscaping] landscape contracting
businesses or for related industries such as pesticide application or
irrigation auditing;
(b) University or
college courses related to [landscape
contracting] landscaping or horticulture;
(c) Professional staff
training programs by [landscape
contractor] associations of landscape construction professionals;
and
(d) Online or other
forms of educational programs.
(4) The board may adopt
rules establishing grounds for obtaining a waiver of [landscape contractor] the continuing education requirements
for landscape construction professionals. The board may not allow a waiver
for more than two consecutive years except for a waiver due to military
service, retirement, disability, absence from the state, inactive status or
extreme hardship.
SECTION 6. If House Bill 2117 becomes law, section 34, chapter 541,
671.660. (1) The fee for renewal of a license issued under ORS 671.510 to
671.710 shall be paid annually on or before the last day of the month of the
anniversary of issuance.
(2) The State Landscape
Contractors Board may not issue a new license to a person who has been
previously licensed under ORS 671.510 to 671.710 and whose license has expired,
unless the person makes written application on a form approved by the board and
pays the required annual fee. The board may require the person to also pay a
penalty fee.
(3) If a license lapses
for two years or more, the [individual or
business] person must reapply as for initial issuance of the
license.
(4) When a landscape
contracting business renews its license, the business must submit
the names of all employees who are licensed landscape [contractors] construction professionals.
(5) When a person renews
a landscape [contractor] construction
professional license, the person must:
(a) Submit the name of
the employer if the person is currently performing landscaping work; and
(b) Demonstrate that the
person has complied with the continuing education requirement adopted by the
board.
SECTION 7. If House Bill 2117 becomes law, section 4 of
this 2007 Act is amended to read:
Sec.
4. (1) The State Landscape Contractors Board shall establish an
initial continuing education requirement and a continuing education program
approval process no later than March 1, 2008.
(2) The amendments to
ORS 671.660 by [section 3]
sections 3 and 6 of this 2007 Act apply to the renewal of landscape [contractor] construction professional
licenses that expire on or after January 1, 2009.
SECTION 8. If House Bill 2117 becomes law, the
amendments to sections 2 and 4 of this 2007 Act and ORS 671.660 by sections 5
to 7 of this 2007 Act become operative on January 1, 2008.
SECTION 9. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 22, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 22, 2007
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