74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 403
 
                         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)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires landscaping business license applicant to have at
least one owner licensed as landscape contractor or have managing
owner complete courses and pass examination required by State
Landscape Contractors Board. Applies to applicants for initial
landscaping business licenses issued on or after January 1, 2009.
  Requires board to establish list of approved course and
examination providers.
  Requires landscaping business that has no licensed landscape
contractors as owners and that was initially licensed on or after
January 1, 2008, but before January 1, 2009, to have managing
owner complete courses and pass examination before business
license renewal.
 
                        A BILL FOR 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) If an applicant for a landscaping business
license does not have at least one owner who is licensed as a
landscape contractor under ORS 671.560, the applicant shall
provide the State Landscape Contractors Board with proof that an
owner who will manage or share in the management of the
landscaping business has completed required courses described in
subsection (2) of this section and passed an examination on the
subject of those courses.
  (2) The board shall adopt rules establishing required courses
for a business owner 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 regarding business practices and
Oregon laws affecting landscaping businesses. The board may not
require an applicant to take a total of more than 16 hours of
instruction.
  (3) When adopting rules to carry out the provisions 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.
  (4) 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 to comply with the requirements of
subsection (1) 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 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 who manages or shares in the management of
the landscaping business 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. + }
                         ----------