74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 88
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Water Resources Department)
CHAPTER ................
AN ACT
Relating to water well constructors; amending ORS 537.747 and
sections 4 and 7, chapter 496, Oregon Laws 2001; and repealing
section 9, chapter 496, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 537.747, as amended by section 8, chapter 496,
Oregon Laws 2001, and section 10, chapter 594, Oregon Laws 2003,
is amended to read:
537.747. (1) No person shall advertise services to construct,
alter, abandon or convert wells, offer to enter or enter into a
contract with another person or public agency to construct,
alter, abandon or convert a well for such other person, cause any
well construction, alteration, abandonment or conversion to be
performed under such a contract or operate well drilling
machinery without possessing a water well constructor's license
therefor in good standing issued by the Water Resources
Department. { + The department shall adopt a single water well
constructor's license that may specify the type of well, type of
well alteration or construction or type of well drilling machine
operation for which the water well constructor is qualified. + }
(2) Notwithstanding subsection (1) of this section, a person
may operate a well drilling machine without a water well
constructor's license if supervised by one who possesses such a
license.
(3) A person shall be qualified to receive a water well
constructor's license if the person:
(a) Is at least 18 years of age.
(b) Has passed a written examination conducted by the
department to determine fitness to operate as a water well
constructor.
(c) Has paid a license fee and an examination fee according to
the fee schedule set forth under subsection (6) of this section.
(d) Has one year or more experience in the operation of well
drilling machinery.
(4) Upon fulfillment of all the requirements set out in
subsection (3) of this section, the department shall issue the
applicant a water well constructor's license in a form prescribed
by the department. The license may be issued for a period of
{ - either one year or five - } { + two + } years.
Enrolled Senate Bill 88 (SB 88-A) Page 1
(5) A water well constructor's license shall expire on June 30.
A person may renew a license by submitting an application and the
appropriate fees any time before the license expires but not
later than one year after the license expires. { + + }A person
who renews a license within the 12 months after the license
expires may either pay a penalty fee set forth under subsection
(6)(d) of this section or requalify for a water well
constructor's license in accordance with subsection (3) of this
section. If a person fails to renew a license within 12 months
after expiration { + , + } the person must comply with the
requirements of subsection (3) of this section for a new water
well constructor's license.
(6) The department shall collect in advance the following fees:
(a) An examination fee of $20.
(b) A license fee of { - $50 for a license issued for one
year, or $200 for a license issued for a period of five years - }
{ + $150 + }.
(c) A renewal fee of { - $50 for a one-year license renewed
before the license expires or $200 for a five-year license
renewed before the license expires - } { + $150 + }.
(d) Unless a person requalifies for a water well constructor's
license in accordance with subsection (3) of this section, a
water well constructor shall pay a renewal fee of { - $100 for
a one-year license - } { + $250 + } if the license is renewed
within 12 months after expiration { - or $250 for a five-year
license if the license is renewed within 12 months after
expiration - } .
(e) If a person requalifies for a water well constructor's
license under subsection (3) of this section, the person shall
pay the renewal fee established under paragraph (c) of this
subsection.
(7) The department may revoke, suspend or refuse to renew any
water well constructor's license when it appears to the
satisfaction of the department, after notice and opportunity to
be heard by the licensee, that the licensee has failed to comply
with the provisions of ORS 537.505 to 537.795 and 537.992
applicable to such licensee or any order or rule adopted
thereunder applicable to such licensee, or has made a material
misstatement of fact on an application for a license or well log
or established a pattern of conduct that willfully or negligently
violates any provision of ORS 537.505 to 537.795 and 537.992, or
any rule adopted pursuant thereto, applicable to such licensee.
(8) The provisions of subsection (3) of this section requiring
one year or more experience in the operation of well drilling
machinery do not apply to any person who, on July 1, 1981, holds
the license required by this section and who continues thereafter
to maintain the license in good standing.
(9) The fees collected under subsection (6) of this section
shall be paid into the Water Resources Department Water Right
Operating Fund. Such moneys are continuously appropriated to the
Water Resources Department to pay the department's expenses in
administering and enforcing the water well constructor's
licensing program.
SECTION 2. Section 4, chapter 496, Oregon Laws 2001, is amended
to read:
{ + Sec. 4. + } (1) The Well Constructors Continuing
Education Committee shall recommend to the Water Resources
Commission a process for reviewing and approving continuing
education requirements for licensed water well constructors
established by rule pursuant to subsection (2) of this section.
Enrolled Senate Bill 88 (SB 88-A) Page 2
(2) The commission shall adopt rules necessary for the
administration of a continuing education program for licensed
water well constructors consistent with the recommendations of
the committee.
(3) The rules adopted by the commission under this section for
the continuing education program shall:
(a) Authorize the committee to review and approve continuing
education courses and to assign continuing education credits.
(b) At a minimum require, for renewal of a license issued under
ORS 537.747, that an applicant:
(A) Through clinics, schools, professional organizations or
seminars, lectures or other courses of study that relate to the
practice of well construction and that are approved by the
committee, obtain continuing education credits during each
licensing period in an amount designated by the commission, but
not to exceed 14 credits; and
(B) Furnish proof on a form approved by the committee that the
applicant has complied with the continuing education requirements
during the preceding licensing period unless the applicant is
exempt under subsection (4) of this section.
(4) The commission may waive the continuing education
requirements established by rule pursuant to subsection (2) of
this section for a licensed water well constructor if the
constructor submits satisfactory evidence of inability to attend
continuing education courses because of health, military duty or
other circumstances beyond the control of the constructor.
{ + (5) For courses sponsored by the Water Resources
Department, the fee for one continuing education credit is $40,
and the total fees per day may not exceed $250.
(6) The fees collected under this section for continuing
education courses sponsored by the department shall be paid into
the Water Resources Department Water Right Operating Fund.
Notwithstanding ORS 536.009, such moneys shall be used to pay the
department's expenses associated with conducting continuing
education courses.
(7) At the time of application to renew a water well
constructor's license pursuant to ORS 537.747 (5), a person shall
provide the department with evidence of compliance with the
continuing education requirements established pursuant to this
section. + }
SECTION 3. Section 7, chapter 496, Oregon Laws 2001, is amended
to read:
{ + Sec. 7. + } Sections 2 to 4 { + , chapter 496, Oregon
Laws 2001, + } { - of this 2001 Act - } are repealed January
2, { - 2008 - } { + 2014 + }.
SECTION 4. { + Section 9, chapter 496, Oregon Laws 2001, is
repealed. + }
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Enrolled Senate Bill 88 (SB 88-A) Page 3
Passed by Senate March 20, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 18, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 88 (SB 88-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 88 (SB 88-A) Page 5