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 347
 
                         Senate Bill 93
 
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 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.
 
  Disqualifies construction contractors, owners and officers from
obtaining new contractor license for one year following
revocation of license. Specifies that mandatory license
revocation for habitual violator of workers' compensation laws is
permanent revocation.
 
                        A BILL FOR AN ACT
Relating to construction contractors; creating new provisions;
  and amending ORS 701.992.
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 the Construction Contractors Board revokes a contractor
license:
  (a) The contractor is not eligible for the issuance of any
original license under this chapter until one year after the
effective date of the revocation.
  (b) An owner or officer of the contractor is not eligible for
the issuance of any original license under this chapter until one
year after the effective date of the revocation.
  (3) Subsection (2) of this section does not restore license
eligibility to a contractor, owner or officer whose license has
been permanently revoked. + }
  SECTION 3. ORS 701.992 is amended to read:
  701.992. (1)   { - Except as provided in subsections (4) and
(5) of this section, any person who violates any provision of
this chapter or any rule adopted by the Construction Contractors
Board shall forfeit and pay into the General Fund of the State
Treasury a civil penalty in an amount determined by the board of
not more than $5,000 for each offense. - }  { +  The Construction
Contractors Board may assess a civil penalty against a person for
violating a provision of this chapter or a board rule. Except as
provided in subsections (4) and (5) of this section, the civil
penalty may not exceed $5,000 for each offense. + }
 
  (2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  (3) The provisions of this section are in addition to and not
in lieu of any other penalty or sanction provided by law.
  (4) The board shall impose sanctions for violation of ORS
701.135 (1)(g) on both the person to whom the contract is awarded
and the person who awards the contract as follows:
  (a) A penalty not less than $500 nor more than $1,000 for the
first offense;
  (b) A penalty not less than $1,000 nor more than $2,000 for the
second offense;
  (c) Suspension of the person's license for six months for a
third offense;
  (d) Suspension of the person's license for three years for a
fourth offense; and
  (e)  { + Permanent + } revocation of the person's license for a
fifth offense.
  (5) The board may impose a civil penalty not to exceed $100 for
each violation of ORS 87.007 (3).
                         ----------