74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2074
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Landscape Contractors Board)
CHAPTER ................
AN ACT
Relating to landscaping.
Be It Enacted by the People of the State of Oregon:
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 Oregon laws affecting
landscaping businesses. The board may not require an owner or
managing employee to take a total of more than 16 hours of
instruction.
(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
Enrolled House Bill 2074 (HB 2074-A) Page 1
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. + }
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Passed by House April 19, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 16, 2007
...........................................................
President of Senate
Enrolled House Bill 2074 (HB 2074-A) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2074 (HB 2074-A) Page 3