74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to HB 2117 (A to RC)
LC 402/HB 2117-2
SENATE AMENDMENTS TO
HOUSE BILL 2117
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
DEVELOPMENT
May 29
On page 1 of the printed bill, line 6, before the period insert
'and section 2, chapter ___, Oregon Laws 2007 (Enrolled Senate
Bill 62), section 2, chapter ___, Oregon Laws 2007 (Enrolled
Senate Bill 63), and section 2, chapter 111, Oregon Laws 2007
(Enrolled House Bill 2076)'.
On page 15, after line 13, insert:
' { + SECTION 5a. + } { + If House Bill 3354 becomes law,
section 5 of this 2007 Act (amending ORS 479.940) is repealed and
ORS 479.940, as amended by section 1, chapter ___, Oregon Laws
2007 (Enrolled House Bill 3354), is amended to read: + }
' 479.940. (1) The licensure provisions of ORS 479.510 to
479.945 do not apply to the following activity on Class II and
III systems in one and two family dwellings regulated under the
Low-Rise Residential Dwelling Code:
' (a) Prewiring of cable television and telephone systems owned
by the owner of the residence;
' (b) Garage door openers;
' (c) Vacuum systems;
' (d) Audio and stereo systems;
' (e) HVAC;
' (f) Landscape sprinkler controls;
' (g) Landscape lighting; and
' (h) Doorbells.
' (2) The provisions of subsection (1) of this section apply
only to persons or businesses licensed and in good standing with
the Construction Contractors Board.
' (3)(a) The licensure provisions of ORS 479.510 to 479.945 do
not apply to a { + landscape contracting + } business licensed
under ORS 671.510 to 671.710 when making installations of
landscape irrigation control wiring and outdoor landscape
lighting involving a Class II or Class III system that does not
exceed 30 volts and 750 volt-amperes.
' (b) A { + landscape contracting + } business exempt from
licensing under this { - section - } { + subsection + } shall
issue an identification card to its landscape irrigation control
wiring or outdoor landscape lighting installer. The form for the
identification card shall be provided by the State Landscape
Contractors Board. The identification card shall include the name
of the installer, the name and State Landscape Contractors Board
identification number of the { - landscaping - } { +
landscape contracting + } business and the date of issue of the
identification card. The card shall be carried by the installer
at the job site when performing the allowed electric
installations.
' (4) The licensure provisions of ORS 479.510 to 479.945 do not
apply to limited energy electrical activity involving the
installation, maintenance or repair of lottery equipment at
retail locations by employees or vendors of the Oregon State
Lottery Commission. The exemption provided by this subsection
does not authorize work by unlicensed persons on systems of 115
volts or more.
' (5) All nonlicensure requirements of ORS 479.510 to 479.945,
including permits for and compliance with the electrical
specialty code, apply to activities conducted under subsections
(1) to (4) of this section. If any person or business repeatedly
violates the permit or code compliance requirements, in addition
to any other remedy, the Electrical and Elevator Board may
suspend, condition or revoke a person's or business's right to
use this provision.'.
On page 20, line 1, before 'professional' insert '
construction'.
In line 2, before 'professional' insert 'construction'.
Delete lines 28 through 45 and insert:
' { + SECTION 11. + } ORS 671.520 is amended to read:
' 671.520. As used in ORS 671.510 to 671.710, unless the
context requires otherwise:
' (1) 'Landscape { - contractor - } { + construction
professional + } ' means { - any person - } { + an
individual + } who for compensation or with the intent to be
compensated performs or supervises activities requiring the art,
ability, experience, knowledge, science and skill to:
' (a) Plan or install lawns, shrubs, vines, trees or nursery
stock;
' (b) Prepare property on which lawns, shrubs, vines, trees or
nursery stock is to be installed;
' (c) Construct or repair ornamental water features, drainage
systems or irrigation systems; or
' (d) Plan or install fences, decks, arbors, patios, landscape
edging, driveways, walkways or retaining walls.
' { + (2) 'Landscape contracting business' means a business
that for compensation or with the intent to be compensated
arranges for or submits a bid or otherwise offers or contracts to
provide the services of a landscape construction
professional. + }
' { - (2) 'Landscaping business' means a business that for
compensation or with the intent to be compensated arranges for or
submits a bid or otherwise offers or contracts to provide the
services of a landscape contractor. - }
' (3) 'Licensee' means a person that is licensed under ORS
671.510 to 671.710 as a landscape { - contractor - } { +
construction professional + } or { - landscaping - } { +
landscape contracting + } business.
' (4) 'Nursery stock' means nursery stock:
' (a) As defined by ORS 571.005 other than stock grown for
commercial resale or reforestation; or
' (b) As defined by the State Landscape Contractors Board by
rule.
' (5) 'Ornamental water features' means fountains, ponds,
waterfalls, man-made streams and other decorative water-related
constructions as identified by the board by rule.'.
On page 21, delete lines 1 through 6.
Delete lines 30 through 45 and insert:
' { + SECTION 13. + } ORS 671.530 is amended to read:
' 671.530. (1) A person may not operate as a landscape
{ - contractor - } { + construction professional + } in this
state without a valid landscape { - contractor's - } { +
construction professional + } license issued pursuant to ORS
671.560.
' (2) A person may not represent in any manner that the person
is a landscape { - contractor - } { + construction
professional + } unless the person has a valid landscape
{ - contractor's - } { + construction professional + } license
issued pursuant to ORS 671.560. The prohibition in this
subsection includes, but is not limited to:
' (a) Using the title of landscape contractor { + , landscape
construction professional + }, landscape gardener or landscaper
or any other title using a form of the word 'landscape' { +
that indicates or tends to indicate that the person is a
landscape construction professional + }; and
' (b) Using any { - title, - } sign, card or device that
indicates or tends to indicate that the person is a landscape
{ - contractor - } { + construction professional + }.
' (3) A person may not operate as a { - landscaping - } { +
landscape contracting + } business in this state unless the
person has a valid
{ - landscaping - } { + landscape contracting + } business
license issued pursuant to ORS 671.560.
' (4) A person may not advertise or represent in any manner
that the person is a { - landscape - } { + landscape
contracting + } business unless the person has a valid
{ - landscaping - } { + landscape contracting + } business
license issued pursuant to ORS 671.560. The prohibition in this
subsection includes, but is not limited to:
' (a) Using the title of landscape business { + , + }
{ - or - } landscaping business { + or landscape contracting
business + }; and
' (b) Using any title, sign, card or device that indicates or
tends to indicate that the person is a { - landscaping - }
{ + landscape contracting + } business.
' (5) A landscape maintenance business may use a form of the
word 'landscape' in the title of the business only if the title
clearly indicates the maintenance nature of the business. For
purposes of this subsection, the term 'landscape gardening' does
not indicate the maintenance nature of a landscape maintenance
business.
' (6) A landscape { - contractor is authorized to - }
{ + construction professional may + } perform landscaping work
only while in the employ of a { - landscaping - } { +
landscape contracting + } business licensed and bonded as
required by ORS 671.510 to 671.710. If the landscape
{ - contractor - } { + construction professional + } is the
sole proprietor, the
{ - contractor - } { + landscape construction
professional + } must also obtain a license as a
{ - landscaping - } { + landscape contracting + } business.'.
On page 22, delete lines 1 through 15.
On page 23, line 13, before 'professional' insert '
construction'.
In line 25, before 'professional' insert 'construction'.
In line 28, before 'professional' insert 'construction'.
On page 24, after line 23, insert:
' { + SECTION 15a. + } { + If House Bill 2075 becomes law,
section 15 of this 2007 Act (amending ORS 671.555) is repealed
and ORS 671.555, as amended by section 2, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2075), is amended to read: + }
' 671.555. (1) The State Landscape Contractors Board may
investigate the activities of any person engaged in the
{ - landscaping - } { + landscape contracting + } 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 { + or investigator + } authorized by the
board to determine compliance with ORS 671.510 to 671.710 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 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 licensing
requirements of ORS 671.510 to 671.710, the inspector
{ - shall - } { + or investigator may + } 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 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 { + or investigator + } 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 licensing requirements of ORS 671.510 to 671.710, the
inspector
{ - is authorized to - } { + or investigator may + } 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 { + or investigator + } 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 { + landscaping + } work stopped immediately if the
{ - landscaping - } { + landscape contracting + } business
working on a worksite cannot demonstrate that the business has
been 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.'.
In line 26, before 'professional' insert 'construction'.
In line 33, before 'professional' insert 'construction'.
After line 37, insert:
' { + SECTION 16a. + } { + If House Bill 2076 becomes law,
section 16 of this 2007 Act (amending ORS 671.560) is repealed
and ORS 671.560, as amended by section 3, chapter 111, Oregon
Laws 2007 (Enrolled House Bill 2076), is amended to read: + }
' 671.560. (1) Except as provided in ORS 671.590 and section
2 { + , chapter 111, Oregon Laws 2007 + } { - of this 2007
Act - } , the State Landscape Contractors Board shall issue a
landscape { - contractor's - } { + construction
professional + } license to an applicant who satisfies the
requirements of ORS 671.570.
' (2) The board shall issue a { - landscaping - } { +
landscape contracting + } business license to an applicant who
satisfies the requirements of the board.
' (3) An applicant for a license under this section shall apply
to the board upon a form furnished by the board and give such
information as the board considers necessary.
' (4)(a) The board may issue a limited or specialty license if
the applicant is required to have a landscape
{ - contractor's - } { + construction professional + } license
or { + landscape contracting + } business license but is not
qualified or required to be licensed for all phases of landscape
{ - contracting - } { + work + }.
' (b) The board may adopt rules to limit or restrict the
landscape work performed by probationary landscape
{ - contractors - } { + construction professionals + }.
' (5) A { - landscaping - } { + landscape contracting + }
business that qualifies for the exemption described in ORS
571.045 shall indicate on its license application or license
renewal application under this section the reasons the business
qualifies for the exemption.'.
In line 43, before 'professional' insert 'construction'.
In line 45, before 'professionals' insert 'construction'.
On page 25, after line 13, insert:
' { + SECTION 17a. + } { + If House Bill 2075 becomes law,
section 17 of this 2007 Act (amending ORS 671.565) is repealed
and ORS 671.565, as amended by section 3, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2075), is amended to read: + }
' 671.565. (1) Each person applying for a { - landscaping - }
{ + landscape contracting + } business license must:
' (a) Pay to the State Landscape Contractors Board the
applicable { - landscaping - } { + landscape contracting + }
business license fee established by the board under ORS 671.650.
' (b) Have a landscape { - contractor - } { + construction
professional + } license or employ at least one person with a
landscape
{ - contractor - } { + construction professional + } license
to supervise the landscaping operation of the business.
' (c) Submit the names of all employees who are licensed
{ - contractors - } { + landscape construction
professionals + }.
' (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 - } { + landscape contracting + }
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 - } { + landscape contracting + }
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 - } { +
landscape contracting + } business shall provide, to the extent
required by the board, satisfactory evidence of continued public
liability, personal injury and property damage insurance
coverage.'.
In line 31, before 'professional' insert 'construction'.
On page 26, delete lines 3 through 12 and insert:
' { + SECTION 19a. + } { + If House Bill 2076 becomes law
and House Bill 2075 does not become law, section 19 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 - } { + construction professional + }
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 - } { + construction
professional + } 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 business; or
' (B) Have at least 12 months of employment with a landscape
contracting 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 - } { +
landscape contracting + } 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 - } { + construction professional + }.
' { + SECTION 19b. + } { + If both House Bill 2075 and House
Bill 2076 become law, section 19 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), and
section 6, chapter ___, Oregon Laws 2007 (Enrolled House Bill
2075), is amended to read: + }
' 671.570. (1) Each person applying for a landscape
{ - contractor - } { + construction professional + } license
must:
' (a) Pay a nonrefundable application fee.
' (b) Pay an examination fee.
' (c) Pay to the State Landscape Contractors Board the
landscape { - contractor - } { + construction
professional + } 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
{ - landscaping - } { + landscape contracting + } business;
or
' (B) Have at least 12 months of employment with a
{ - landscaping - } { + landscape contracting + } 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 - } { +
landscape contracting + } 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 - } { + construction professional + }.
' { + SECTION 19c. + } If House Bill 2076 becomes law and
House Bill 2075 does not become law, 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 - } { + construction professional + } 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 - } { + construction professional + }
license, the person must:
' (a) Pay a nonrefundable application fee;
' (b) Pay an examination fee;
' (c) Pay to the board the landscape { - contractor's - }
{ + construction professional + } 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 - } { + construction
professional + } license, a probationary landscape
{ - contractor - } { + construction professional + } may
obtain removal from probationary status and issuance of a
landscape { - contractor's - } { + construction
professional + } license if the probationary landscape
{ - contractor - } { + construction professional + } presents
the board with proof that the probationary landscape
{ - contractor - } { + construction professional + } has done
any of the following:
' (a) Completed at least 24 months of employment with a
licensed { - landscaping - } { + landscape contracting + }
business under the direct supervision of a landscape
{ - contractor - } { + construction professional + }.
' (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 - } { + landscape contracting + }
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 - } { +
landscape contracting + } 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 - } { + construction professional + } licensed
under this section is for all purposes a landscape
{ - contractor - } { + construction professional + } licensed
under ORS 671.560.
' { + SECTION 19d. + } If both House Bill 2075 and House Bill
2076 become law, section 2, chapter 111, Oregon Laws 2007
(Enrolled House Bill 2076), as amended by section 5, chapter ___,
Oregon Laws 2007 (Enrolled House Bill 2075), is amended to read:
' { + Sec. 2. + } (1) Notwithstanding ORS 671.570, the State
Landscape Contractors Board may issue a probationary landscape
{ - contractor - } { + construction professional + } 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 - } { + construction professional + }
license, the person must:
' (a) Pay a nonrefundable application fee;
' (b) Pay an examination fee;
' (c) Pay to the board the landscape { - contractor - }
{ + construction professional + } 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 - } { + construction
professional + } license, a probationary landscape
{ - contractor - } { + construction professional + } may
obtain removal from probationary status and issuance of a
landscape { - contractor - } { + construction
professional + } license if the probationary landscape
{ - contractor - } { + construction professional + } presents
the board with proof that the probationary landscape
{ - contractor - } { + construction professional + } has done
any of the following:
' (a) Completed at least 24 months of employment with a
licensed { - landscaping - } { + landscape contracting + }
business under the direct supervision of a landscape
{ - contractor - } { + construction professional + }.
' (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 - } { + landscape contracting + }
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 - } { +
landscape contracting + } 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 - } { + construction professional + } licensed
under this section is for all purposes a landscape
{ - contractor - } { + construction professional + } licensed
under ORS 671.560.
' { + SECTION 20. + } ORS 671.574 is amended to read:
' 671.574. (1) If a landscape { - contractor - } { +
construction professional + } is not operating as a landscape
{ - contractor - } { + construction professional + }, the State
Landscape Contractors Board may, upon request, place the license
of the landscape { - contractor - } { + construction
professional + } in inactive status.
' (2) A landscape { - contractor - } { + construction
professional + } in inactive status remains subject to board
jurisdiction, licensing requirements and fees.
' (3) A landscape { - contractor - } { + construction
professional + } that is in inactive status may not perform or
supervise work as a landscape { - contractor - } { +
construction professional + }.
' (4) A landscape { - contractor - } { + construction
professional + } license may not be placed or maintained in
inactive status more than once during a licensing period.'.
Delete lines 32 through 41 and insert:
' { + SECTION 22. + } ORS 671.580 is amended to read:
' 671.580. A landscape { - contractor's - } { +
construction professional + } license issued pursuant to ORS
671.560 is a personal privilege and is not transferable.
' { + SECTION 23. + } ORS 671.590 is amended to read:
' 671.590. The State Landscape Contractors Board may license
without examination any person who is a landscape
{ - contractor - } { + construction professional + } licensed,
certified or registered under the laws of another state,
territory of the United States, the District of Columbia or
another country where the requirements on the date the applicant
was licensed, certified or registered were substantially equal to
the requirements for licensing of landscape
{ - contractors - } { + construction professionals + } in
this state on the date of application by the person.'.
On page 27, delete lines 4 through 18 and insert:
' { + SECTION 25. + } ORS 671.603 is amended to read:
' 671.603. (1) A landscape { - contractor - } { +
construction professional + } or person operating as a
{ - landscaping - } { + landscape contracting + } business
shall notify the State Landscape Contractors Board of a change of
address for the { - contractor - } { + professional + } or
business that occurs while the { - contractor - } { +
professional + } or business is licensed by the board or within
one year after a license expires. The landscape
{ - contractor - } { + construction professional + } or
{ - landscaping - } { + landscape contracting + } business
shall ensure that the board receives notice of the change of
address no later than the 10th day after the change of address
occurs.
' (2) Initial notice of a contested case or arbitration
directed by the board to the last-known address of record for a
landscape { - contractor - } { + construction
professional + } or { - landscaping - } { + landscape
contracting + } business is considered delivered to the
{ - contractor - } { + professional + } or business when
deposited in the United States mail and sent registered,
certified or post office receipt secured. Any other communication
directed by the board to the last-known address of record for a
landscape { - contractor - } { + construction professional + }
or { - landscaping - } { + landscape contracting + } business
is considered delivered to the { - contractor - } { +
professional + } or business when deposited in the United States
mail, regular mail.'.
On page 28, delete lines 22 through 45 and delete page 29 and
insert:
' { + SECTION 28. + } ORS 671.610 is amended to read:
' 671.610. (1) In addition to any civil penalty assessed under
ORS 671.997, the State Landscape Contractors Board may suspend,
revoke or refuse to issue or renew the license of a landscape
{ - contractor - } { + construction professional + } or
{ - landscaping - } { + landscape contracting + } business that
does any of the following:
' (a) Obtains or attempts to obtain a license under ORS 671.510
to 671.710 by fraud or material misrepresentation.
' (b) Makes a material misrepresentation about the quality of
any material or service the person provides.
' (c) Performs defective work.
' (d) Furnishes defective materials.
' (e) Makes misleading statements when advertising services or
materials.
' (f) Violates a provision of ORS 671.510 to 671.710.
' (g) Fails to have a replacement bond, letter of credit or
deposit on file at the time of a termination, cancellation,
reduction or withdrawal of the bond, letter of credit or deposit
required by ORS 671.690.
' (h) Fails to maintain public liability, personal injury and
property damage insurance as required by ORS 671.565 throughout a
licensing period.
' (i) Violates a voluntary compliance agreement entered into
under ORS 646.605 to 646.652.
' (j) Performs work for which a permit is required under the
state building code without obtaining the required permit, if the
work results in the filing of a claim with the board.
' (k) Violates a rule or order of the board.
' (L) Refuses to comply with a subpoena issued by the board.
' (m) Fails to pay in full any amount owed to a claimant under
a final order of the board or an arbitration award, or under a
judgment rendered in this or any other state.
' (n) Does not make payment, including any interest due, for
labor or materials contracted for by the person pursuant to a
contract for a public improvement within 90 days after the date
the person receives payment from a public contracting agency or,
if the person is a subcontractor, from the contractor.
' (o) Engages in conduct as a landscape { - contractor - }
{ + construction professional + } or { - landscaping - } { +
landscape contracting + } business that is dishonest or
fraudulent or that the board finds injurious to the welfare of
the public.
' (p) Fails to comply with the requirements of ORS 652.120.
' (q) Is convicted of a crime under ORS 163.115, 163.185,
163.225, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395,
163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 164.055,
164.075, 164.325 or 164.415, provided that the facts supporting
the conviction and all intervening circumstances make the
determination to suspend, revoke or refuse to issue or renew the
license consistent with ORS 670.280.
' (2) The board may suspend or refuse to renew the license of a
landscape { - contractor - } { + construction
professional + } or
{ - landscaping - } { + landscape contracting + } business
without prior hearing if, after investigating and setting forth
in writing the facts supporting the action, the board determines
that continued activity by the landscape { - contractor - }
{ + construction professional + } or { - landscaping - }
{ + landscape contracting + } business poses an imminent threat
of serious harm to the public welfare. Facts sufficient to
support a suspension or refusal to renew under this subsection
include, but are not limited to:
' (a) The lack of a surety bond, letter of credit or deposit
required under ORS 671.690;
' (b) The lack of public liability, personal injury or property
damage insurance required under ORS 671.565;
' (c) The hiring of employees while { - registered - } { +
licensed + } as exempt under ORS 671.525;
' (d) Conduct as a landscape { - contractor - } { +
construction professional + } or a { - landscaping - } { +
landscape contracting + } business that is dishonest; or
' (e) Operation of a { - landscaping - } { + landscape
contracting + } business that does not employ at least one
licensed landscape
{ - contractor - } { + construction professional + }.
' (3) A person whose license is suspended or refused renewal
under subsection (2) of this section may request a hearing within
90 days after receiving the notice of the suspension or refusal
to renew. Except as provided in this subsection, the board shall
give a contested case hearing requested under this subsection
priority over other hearings and schedule the hearing for the
earliest practicable date. If a citation is issued to the person
and the order of suspension or refusal to renew will terminate by
its terms if a court renders a final judgment regarding the
citation in favor of the person, the person may request that the
board hold the requested contested case hearing in abeyance until
after the court has rendered a final judgment.
' (4) A person whose license is revoked under this section is
not eligible to apply for a license under ORS 671.510 to 671.710
until two years after the effective date of the revocation.
' (5) The board may suspend, revoke or refuse to reissue the
license of a { - landscaping - } { + landscape
contracting + } business, and may impose a civil penalty, all as
provided under ORS 671.997 (4), if the board determines, after
notice and opportunity for a hearing, that the
{ - landscaping - } { + landscape contracting + } business was
working with other { - landscaping - } { + landscape
contracting + } businesses on the same task and work site where
one of the { - landscaping - } { + landscape contracting + }
businesses is { - registered - } { + licensed + } as an
exempt independent contractor under ORS 671.525 (2)(b) and the
total number of { - landscaping - } { + landscape
contracting + } businesses working on the task exceeded:
' (a) Two sole proprietors;
' (b) One partnership;
' (c) One corporation; or
' (d) One limited liability company.
' { + SECTION 28a. + } If Senate Bill 63 becomes law, section
2, chapter ___, Oregon Laws 2007 (Enrolled Senate Bill 63), is
amended to read:
' { + Sec. 2. + } An applicant for the issuance or renewal of
a landscape { - contractor - } { + construction
professional + } license or
{ - landscaping - } { + landscape contracting + } business
license shall include in the application to the State Landscape
Contractors Board notice of any unpaid court judgment,
arbitration award or administrative agency final order entered or
issued in any jurisdiction that requires the applicant to pay
damages arising out of the performance of, or a contract for,
landscaping work. The board may adopt rules that require an
applicant to provide additional information regarding a judgment,
arbitration award or agency final order described in this section
and the status of any appeal or exceptions.'.
On page 30, delete lines 1 through 4.
Delete lines 15 through 45 and insert:
' { + SECTION 30. + } ORS 671.614 is amended to read:
' 671.614. (1) The State Landscape Contractors Board may issue
an order placing a { - landscaping - } { + landscape
contracting + } business, or any landscape { - contractor - }
{ + construction professional + } that is employed by the
{ - landscaping - } { + landscape contracting + } business or
is a { - landscaping - } { + landscape contracting + }
business owner or officer as defined in ORS 671.607, on probation
if three or more claims are filed against the
{ - landscaping - } { + landscape contracting + } business's
bond, letter of credit or deposit within a 12-month period.
' (2) The board may place a { - landscaping - } { +
landscape contracting + } business or landscape
{ - contractor - } { + construction professional + } on
probation under this section only if the board determines after
investigation of the complaints that a significant likelihood
exists that continued activity by the
{ - landscaping - } { + landscape contracting + } business or
landscape
{ - contractor - } { + construction professional + } without
board supervision will result in additional claims against the
{ - landscaping - } { + landscape contracting + } business.
' (3) The board may require as a condition of probation imposed
under this section that the landscape { - contractor - }
{ + construction professional + } take a board-approved
education course in one or more subjects relating to landscape
{ - contracting - } { + operations + }.
' (4) The board may require as a condition of probation imposed
under this section that the owner or officer of the
{ - landscaping - } { + landscape contracting + } business
take a board-approved education course in one or more subjects
relating to { - landscaping - } { + landscape contracting + }
business or general business practices.
' (5) The board may take action to suspend, revoke or refuse to
renew the license of the { - landscaping - } { + landscape
contracting + } business or landscape { - contractor - } { +
construction professional + } if the { - contractor or - }
business { + or professional + }fails to fulfill the terms of
the probation.
' { + SECTION 31. + } ORS 671.615 is amended to read:
' 671.615. The State Landscape Contractors Board may license a
landscape { - contractor - } { + construction
professional + } to install backflow assemblies for irrigation
systems and ornamental water features. The board, by rule, shall
establish qualifications for issuance of a license under this
section. A landscape { - contractor - } { + construction
professional + } may install a backflow assembly only if the
landscape { - contractor - } { + construction
professional + } is licensed under this section { + and is the
owner of, or employed by, a licensed landscape contracting
business + }. A landscape { - contractor - } { + construction
professional + } installing a backflow assembly may tap into the
potable water supply only at a point after the connection between
the water system and the customer, as that connection is defined
in ORS 448.115.'.
On page 31, line 15, before 'professional' insert '
construction'.
In line 29, before 'professionals' insert 'construction'.
In line 30, before 'professional' insert 'construction'.
On page 32, after line 30, insert:
' { + SECTION 36a. + } { + If Senate Bill 62 becomes law,
section 36 of this 2007 Act (amending ORS 671.700) is repealed
and ORS 671.700, as amended by section 6, chapter ___, Oregon
Laws 2007 (Enrolled Senate Bill 62), is amended to read: + }
' 671.700. (1) If a claim is filed with the State Landscape
Contractors Board against a licensed { - landscaping - } { +
landscape contracting + } business for payment from the bond,
letter of credit or deposit required of the business under ORS
671.690, the board may resolve the dispute involving the
{ - landscaping - } { + landscape contracting + } business.
' (2) A person having a claim against a { - landscaping - }
{ + landscape contracting + } business shall give the board
notice of the claim in writing 90 days before any action on the
bond, letter of credit or deposit is commenced.
' (3) The board may not accept a claim against a
{ - landscaping - } { + landscape contracting + } business
for processing if the claim is not filed with the board within
one year after the business substantially completed work. The
board may not issue an order for the payment of a court judgment
or arbitration award from the bond, letter of credit or deposit
of a { - landscaping - } { + landscape contracting + }
business unless the person has timely filed with the board a
claim against the business regarding the same matter that
resulted in the judgment or award.'.
On page 34, after line 26, insert:
' { + SECTION 37a. + } { + If Senate Bill 62 becomes law,
section 37 of this 2007 Act (amending ORS 671.703) is repealed
and ORS 671.703, as amended by section 7, chapter ___, Oregon
Laws 2007 (Enrolled Senate Bill 62), is amended to read: + }
' 671.703. (1) Upon acceptance of a claim described in section
2 { + , chapter ___, Oregon Laws 2007 (Enrolled Senate Bill
62) + } { - of this 2007 Act - } , the State Landscape
Contractors Board shall initiate an investigation. Upon
completion of the investigation, if the board determines that
facts exist supporting an order for payment, the board may order
the { - landscaping - } { + landscape contracting + } business
to pay the claim. A party to the claim may request a hearing on
the order issued by the board.
' (2) Subject to subsection (5) of this section, if the
resolution of the claim requires a hearing, the board may require
that the hearing be conducted as a binding arbitration under
rules adopted by the board under subsection (4) of this section.
' (3) The board may use arbitration, mediation or other forms
of dispute resolution to resolve a landscaping dispute between
any parties who agree to follow the rules of the board, including
parties to a dispute that is not a claim described in section
2 { + , chapter ___, Oregon Laws 2007 (Enrolled Senate Bill
62) + } { - of this 2007 Act - } .
' (4) Except as provided in this subsection, rules adopted by
the board to regulate arbitration under subsections (2) and (3)
of this section must substantially conform with the provisions of
ORS 36.600, 36.610 to 36.630, 36.635 (2), 36.640, 36.645 (2),
36.650 to 36.680, 36.685 (1) and 36.690 to 36.740. The rules may:
' (a) Require that a hearing under ORS 183.413 to 183.470 be
conducted for issues for which a petition could be filed under
ORS 36.615, 36.620, 36.625 and 36.640;
' (b) Limit orders and awards made by the arbitrator as
necessary to comply with ORS 671.510 to 671.710;
' (c) Require that a request that an arbitrator modify or
correct an award under ORS 36.690 be submitted in a form
specified by the rule;
' (d) Require that a petition under ORS 36.705 (2) or 36.710
(1) be filed in a shorter period of time than provided by ORS
36.705 and 36.710; and
' (e) Include any other provision necessary to conform the
arbitration to ORS 671.510 to 671.710.
' (5) A party to a claim that is subject to a board order of
binding arbitration under subsection (2) of this section may
avoid the arbitration if the party requests to have the claim
resolved through a contested case hearing or files a complaint in
a court. A party making a request or filing a complaint under
this subsection is subject to the following provisions:
' (a) If the party requests to have a claim resolved through a
contested case hearing, the party must, within the time specified
in paragraph (c) of this subsection, deliver the request in
writing to the board and to all parties entitled by board rule to
receive a copy of the request.
' (b) If the party files a complaint in a court, the party
must, within the time specified in paragraph (c) of this
subsection, deliver a copy of the complaint to the board and to
all parties entitled by the board rule to receive a copy of the
complaint. If the party filing the complaint is the claimant, the
claimant must allege all elements of the claim in the complaint.
If the complaint is filed by the licensed { - landscaping - }
{ + landscape contracting + } business against whom a claim is
alleged, the complaint may be a complaint for damages, a
complaint for declaratory judgment or other complaint that allows
the claimant to file a response alleging the elements of the
claim. The claimant has the burden of proving the elements of the
claim in any action described in this paragraph.
' (c) A party that is subject to paragraph (a) or (b) of this
subsection must deliver a request or complaint to the board as
described in paragraphs (a) and (b) of this subsection no later
than the 30th day after the board sends notice that an
arbitration hearing has been scheduled. Failure to timely deliver
a request or complaint under this paragraph constitutes consent
to the binding arbitration.
' (d) If a party makes a timely request under paragraph (a) of
this subsection for a contested case hearing and another party
timely files a complaint in compliance with paragraph (b) of this
subsection, the filing of the complaint supersedes the request
for a contested case hearing.
' (e) A party may not withdraw a request made in compliance
with paragraph (a) of this subsection unless all parties agree to
the withdrawal.
' (f) The provisions of paragraph (b) of this subsection are in
addition to any other requirements imposed by law regarding the
filing of a complaint.
' (6) An arbitration conducted under subsection (2) or (3) of
this section must be held before an administrative law judge
acting as arbitrator. The administrative law judge assigned to
act as arbitrator of the case on behalf of the board must be from
the Office of Administrative Hearings established under ORS
183.605. The assignment of an administrative law judge to act as
arbitrator is subject to a request for a different arbitrator
under ORS 183.645 or a rule adopted pursuant to ORS 183.645.
' (7) If a party to a claim described in section 2 { + ,
chapter ___, Oregon Laws 2007 (Enrolled Senate Bill 62), + }
{ - of this 2007 Act - } requests a contested case hearing, the
board shall schedule the hearing. If a party files a court action
to determine the matter described in the claim, the board shall
suspend further processing of the claim until the action is
resolved by an appropriate court.
' (8) If the matter described in a claim is submitted for
determination by a court, the board may require that the claimant
provide status reports on the pending action. The board may
dismiss or close a claim described in section 2 { + , chapter
___, Oregon Laws 2007 (Enrolled Senate Bill 62), + } { - of
this 2007 Act - } as established by rule of the board if the
claimant fails to submit status reports on a pending action.
' (9) { - The board shall issue a final order in a form that
indicates the maximum amount that is payable from the bond,
letter of credit or deposit to satisfy an order, arbitration
award or judgment. - } If { + a final order or arbitration
award is issued under this section and + } the
{ - landscaping - } { + landscape contracting + } business
does not pay the claim on or before the 30th day after receiving
the { - board - } order, the board shall order the claim paid
out of the bond, letter of credit or deposit filed under ORS
671.690.
' (10) The board may dismiss or close a claim as established by
rule of the board if:
' (a) The claimant does not permit the person against whom the
claim is filed to be present at any on-site investigation made by
the board; or
' (b) The board determines that the person against whom the
claim is filed is capable of complying with recommendations made
by the board relative to the claim, but the claimant does not
permit the person to comply with the recommendations. The board
may dismiss or close a claim under this paragraph only if the
person was licensed at the time the work was first performed and
is licensed at the time the board makes its recommendations.
' (11) The board may suspend processing a claim if the board
determines that the nature or complexity of the claim is such
that a court is the appropriate forum for the adjudication of the
claim.
' { + SECTION 37b. + } If Senate Bill 62 becomes law, section
2, chapter ___, Oregon Laws 2007 (Enrolled Senate Bill 62), is
amended to read:
' { + Sec. 2. + } A claim against a licensed
{ - landscaping - } { + landscape contracting + } business is
payable from the bond, letter of credit or deposit required of
the { - landscaping - } { + landscape contracting + }
business under ORS 671.690 only if the claim arises from the
performance, or a contract for the performance, of work that is
subject to ORS 671.510 to 671.710. The claim must be of one or
more of the following types:
' (1) A claim against the { - landscaping - } { + landscape
contracting + } business by the property owner or the owner's
agent for any of the following:
' (a) Negligent work.
' (b) Improper work.
' (c) Breach of contract.
' (2) A claim against the { - landscaping - } { + landscape
contracting + } business by the property owner or the owner's
agent to discharge, or to recoup funds expended in discharging, a
lien established under ORS 87.010 to 87.060 or 87.075 to 87.093.
The State Landscape Contractors Board may reduce a claim
described in this subsection by any amount the claimant owes the
{ - contractor - } { + landscape contracting business + }. The
board shall process claims described in this subsection only if:
' (a) The owner paid the { - landscaping - } { + landscape
contracting + } business for work subject to ORS 671.510 to
671.710; and
' (b) A lien established against the property of the owner
under ORS 87.010 to 87.060 or 87.075 to 87.093 is filed because
the { - landscaping - } { + landscape contracting + }
business failed to pay the person claiming the lien for that
person's contribution toward completion of the improvement.
' (3) A claim against a licensed subcontractor by a licensed
{ - landscaping - } { + landscape contracting + } business or
by a construction contractor licensed under ORS chapter 701, for
any of the following:
' (a) Negligent work.
' (b) Improper work.
' (c) Breach of contract.
' (4) A claim by a person furnishing labor to a
{ - landscaping - } { + landscape contracting + } business.
' (5) A claim, as limited by rule of the board, by a person
furnishing material or renting or supplying equipment to the
{ - landscaping - } { + landscape contracting + } business.
The minimum limit set by the board may not be more than $150.
' (6) A claim by a subcontractor against the
{ - landscaping - } { + landscape contracting + } business for
unpaid labor or materials arising out of a contract.'.
After line 38, insert:
' { + SECTION 38a. + } { + If Senate Bill 62 becomes law,
section 38 of this 2007 Act (amending ORS 671.707) is repealed
and ORS 671.707, as amended by section 8, chapter ___, Oregon
Laws 2007 (Enrolled Senate Bill 62), is amended to read: + }
' 671.707. (1) If a final order of the State Landscape
Contractors Board is not paid by the { - landscaping - } { +
landscape contracting + } business, the board shall notify the
surety on the business's bond.
' (2) An order of the board that determines a claim under ORS
671.703 that becomes final by operation of law or on appeal and
remains unpaid for 20 days after the order becomes final is an
order in favor of the claimant against the { - landscaping - }
{ + landscape contracting + } business and may be recorded with
the county clerk in any county of this state.
' (3) Upon receipt, the clerk shall record the order in the
County Clerk Lien Record. In addition to any other remedy
provided by law, recording an order in the County Clerk Lien
Record pursuant to this section has the effect provided for in
ORS 205.125 and 205.126, and the order may be enforced as
provided in ORS 205.125 and 205.126.'.
On page 41, line 42, before 'Sections' insert '(1)'.
On page 42, line 2, delete '1 to 44' and insert '1 to 19b, 20
to 28, 29 to 37a and 38 to 44'.
After line 8, insert:
' (2) The amendments to section 2, chapter 111, Oregon Laws
2007 (Enrolled House Bill 2076), by sections 19c and 19d of this
2007 Act do not limit or terminate any right, duty, obligation or
disability acquired or incurred before the effective date of this
2007 Act under section 2, chapter 111, Oregon Laws 2007 (Enrolled
House Bill 2076).
' (3) The amendments to section 2, chapter ___, Oregon Laws
2007 (Enrolled Senate Bill 63), by section 28a of this 2007 Act
do not limit or terminate any right, duty, obligation or
disability acquired or incurred before the effective date of this
2007 Act under section 2, chapter ___, Oregon Laws 2007 (Enrolled
Senate Bill 63).
' (4) The amendments to section 2, chapter ___, Oregon Laws
2007 (Enrolled Senate Bill 62), by section 37b of this 2007 Act
do not limit or terminate any right, duty, obligation or
disability acquired or incurred before the effective date of this
2007 Act under section 2, chapter ___, Oregon Laws 2007 (Enrolled
Senate Bill 62).'.
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