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 344
 
                         House Bill 2108
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Construction 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 construction contractors and owners or officers of
construction contractors to notify Construction Contractors Board
within 30 days after filing petition for relief with bankruptcy
court. Requires construction contractor to notify board within 30
days after construction contractor learns owner or officer has
filed petition for relief with bankruptcy court, unless owner or
officer provides contractor with proof that board has been
notified. Makes violation subject to civil penalty, not to exceed
$5,000. Applies to bankruptcy petitions filed on or after January
1, 2008.
 
                        A BILL FOR AN ACT
Relating to construction contractors.
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 chapter 701. + }
  SECTION 2.  { + (1) As used in this section, 'owner' has the
meaning given that term in ORS 701.077.
  (2) If an owner or officer of a construction contractor files a
petition for relief with a United States Bankruptcy Court, the
owner or officer shall notify the Construction Contractors Board
of the filing no later than 30 days after the petition for relief
is filed. The notice that an owner or officer provides to the
board shall include a copy of the bankruptcy petition. If not
stated in the bankruptcy petition, the notice shall include the
location of the federal court district office with which the
petition was filed, the filing date, the case number assigned by
the bankruptcy court, the name of the construction contractor of
which the person is an owner or officer and any additional
information required by the board by rule.
  (3) If a construction contractor files a petition for relief
with a United States Bankruptcy Court, the contractor shall
notify the Construction Contractors Board of the filing no later
than 30 days after the petition for relief is filed. The notice
that a construction contractor provides to the board shall
include a copy of the bankruptcy petition. If not stated in the
bankruptcy petition, the notice shall include the location of the
federal district court office with which the petition was filed,
 
the filing date, the case number assigned by the bankruptcy court
and any additional information required by the board by rule.
  (4) If a construction contractor learns that an owner or
officer of the contractor has filed a petition for relief with a
United States Bankruptcy Court, the construction contractor shall
request proof that the owner or officer has notified the
Construction Contractors Board of the filing. If the owner or
officer does not provide the contractor with proof that the owner
or officer has notified the board of the filing, the contractor
shall notify the board of the filing no later than 30 days after
learning the petition has been filed. The notice provided by the
contractor shall include, at a minimum, all names and addresses
of the owner or officer that are known to the contractor. + }
  SECTION 3.  { + Section 2 of this 2007 Act applies to petitions
for relief that are filed with a United States Bankruptcy Court
on or after the effective date of this 2007 Act. + }
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