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 433
 
                         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)
 
 
                             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.
 
  Repeals sunset on continuing education requirement for renewal
of water well constructor's license, on Well Constructors
Continuing Education Committee and on certain fees for water well
constructor's license.
 
                        A BILL FOR AN ACT
Relating to water well constructors; amending ORS 537.747; and
  repealing sections 7 and 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.
  (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.  { + At the time
of application, the person shall provide the department with
evidence of compliance with the continuing education requirements
established pursuant to section 4, chapter 496, Oregon Laws
2001. + } 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.  { + Sections 7 and 9, chapter 496, Oregon Laws
2001, are repealed. + }
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