Bill Text: OR HB2158 | 2011 | Regular Session | Introduced
Bill Title: Relating to landscape contracting business license qualifications.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2158 Detail]
Download: Oregon-2011-HB2158-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 646
House Bill 2158
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
for State Landscape 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 applicant for initial landscape contracting business
license to have owner or managing employee trained and examined
on subjects of landscape contracting business practices and
related Oregon laws as required by State Landscape Contractors
Board rule.
A BILL FOR AN ACT
Relating to landscape contracting business license
qualifications; creating new provisions; and amending ORS
671.520, 671.560, 671.565, 671.570, 671.595, 671.614, 671.660
and 671.676.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 671.520 is amended to read:
671.520. As used in ORS 671.510 to 671.760, unless the context
requires otherwise:
(1) 'Landscape construction professional' means 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;
(d) Maintain irrigation systems with the use of compressed air;
or
(e) 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,
submits a bid, or otherwise offers or contracts, for the
performance of activities described in subsection (1) of this
section.
(3) 'Licensee' means a person that is licensed under ORS
671.510 to 671.760 as a landscape construction professional or
landscape contracting business.
{ + (4) 'Managing employee' means a person who, at the time
of an application for the issuance or renewal of a landscape
contracting business license:
(a) Is employed in landscaping work only by the applicant; and
(b) Manages or shares in the management of the applicant, as
defined by the State Landscape Contractors Board by rule. + }
{ - (4) - } { + (5) + } '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) - } { + (6) + } 'Ornamental water features' means
fountains, ponds, waterfalls, man-made streams and other
decorative water-related constructions as identified by the board
by rule.
SECTION 2. ORS 671.560 is amended to read:
671.560. (1) Except as provided in ORS 671.571 and 671.590, the
State Landscape Contractors Board shall issue a landscape
construction professional license to an applicant who satisfies
the requirements of ORS 671.570.
(2) The board shall issue a landscape contracting business
license to an applicant who { + complies with ORS 671.595
and + } 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 construction
professional license or landscape contracting business license
but is not qualified or required to be licensed for all phases of
landscape work.
(b) The board may adopt rules to limit or restrict the
landscape work performed by probationary landscape construction
professionals.
(5) A 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.
SECTION 3. ORS 671.565 is amended to read:
671.565. (1) Each person applying for a landscape contracting
business license must:
(a) Pay to the State Landscape Contractors Board the applicable
landscape contracting business license fee established by the
board under ORS 671.650.
(b) Have a landscape construction professional license or
employ at least one person with a landscape construction
professional license to supervise the landscaping operation of
the business.
{ - (c) Submit the names of all employees who are licensed
landscape construction professionals. - }
{ + (c) Submit the names of all owners and managing employees
of the business and of all employees of the business who are
licensed landscape professionals. If the applicant is subject to
ORS 671.595, the application must identify an owner or managing
employee who has obtained the training described in ORS
671.595. + }
(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 landscape contracting business that is subject to ORS
671.510 to 671.760 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 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
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.
SECTION 4. ORS 671.570 is amended to read:
671.570. (1) Each person applying for a landscape 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
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 landscape contracting business if
performing landscaping work.
(2) Notwithstanding subsection (1) of this section, the board
may adopt rules { + :
(a) + } 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 construction
professional.
{ + (b) Approving alternative certification programs as a
substitute for the examination described in subsection (1)(d) of
this section. + }
SECTION 5. ORS 671.595 is amended to read:
671.595. { - (1) As used in this section: - }
{ - (a) 'Managing employee' means a person who, at the time
of an application for the issuance or renewal of a landscape
contracting business license: - }
{ - (A) Is employed in landscaping work only by the
applicant; and - }
{ - (B) Manages or shares in the management of the applicant,
as defined by the State Landscape Contractors Board by rule. - }
{ - (b) - } { + (1) As used in this section, + } 'owner'
means a person who at the time of an application for the issuance
or renewal of a landscape contracting business license:
(a) Has an ownership interest in the applicant; and
(b) Manages or shares in the management of the applicant, as
defined by the { + State Landscape Contractors + } Board by
rule.
{ - (2) If an applicant for a landscape contracting business
license does not have at least one owner or managing employee who
is licensed as a landscape construction professional under ORS
671.560, the applicant shall provide the board with proof that an
owner or managing employee has completed required courses
described in subsection (4) of this section and passed an
examination on the subject of those courses. - }
{ + (2) An applicant for the original license of a landscape
contracting business shall provide the board with proof that at
least one owner or managing employee for the business has
received training and been examined on the subjects of landscape
contracting business practices and Oregon laws affecting
landscape contracting businesses. The board shall adopt rules
establishing standards for the owner or managing employee
training and examination that the applicant must prove under this
subsection. The board may not establish a standard that requires
an owner or managing employee to take a total of more than 16
hours of course work in landscape contracting business or general
business practices and Oregon laws affecting landscape
contracting businesses. The board shall adopt rules to provide
for the examination of owners or managing employees who meet the
training requirements established by the board. + }
(3) The board may adopt rules to require a landscape
contracting business and any owner or managing employee to
provide the board with notice of any change in the employment or
duties of the owner or managing employee.
{ - (4) The board shall adopt rules establishing required
courses for an owner or managing employee who seeks to qualify
the business for a landscape contracting business license, but
who is not licensed as a landscape construction professional. The
courses required by the board shall be designed to educate the
owner or managing employee regarding business practices and
Oregon laws affecting landscape contracting businesses. The board
may not require an owner or managing employee to take a total of
more than 16 hours of instruction. - }
{ - (5) - } { + (4) + } { - When adopting rules to carry
out subsection (4) { + + }of this section, - } { + If the
board proposes the adoption of a rule under subsection (2) of
this section that requires or allows an owner or managing
employee to obtain training by taking a course, + }the board
shall consider the availability of courses in the regions of this
state. The board shall encourage course providers to use the most
up-to-date technology to make courses widely available.
{ - (6) - } { + (5) + } A course provider may submit
information regarding course materials, examinations and
instructor qualifications to the board for approval. The board
shall approve courses if the course materials, examinations and
instructors meet board requirements { + for training in
landscape contracting business practices and Oregon laws
affecting landscape contracting businesses + }. The board shall
periodically review approved courses to ensure continuing
compliance with board requirements. The board shall develop and
make available a list of { + any approved + } providers that
offer courses that will enable an owner or managing employee to
{ - comply with the requirements of subsection (2) of this
section - } { + qualify the landscape contracting business for
licensing + }.
SECTION 6. ORS 671.614 is amended to read:
671.614. { - (1) The State Landscape Contractors Board may
issue an order placing a landscape contracting business, or any
landscape construction professional that is employed by the
landscape contracting business or is a landscape contracting
business owner or officer as defined in ORS 671.607, on probation
if three or more claims are filed against the landscape
contracting business's bond, letter of credit or deposit within a
12-month period. - }
{ + (1) If three or more claims are filed against the bond,
letter of credit or deposit of a landscape contracting business
within a 12-month period, the State Landscape Contractors Board
may issue orders to place one or more of the following on
probation:
(a) The landscape contracting business;
(b) Any employee of the business who is a licensed landscape
construction professional;
(c) An owner of the business; or
(d) A managing employee. + }
(2) The board may place a landscape contracting business or
landscape construction professional on probation under
{ + subsection (1) of + } this section only if the board
determines after investigation of the complaints that a
significant likelihood exists that continued activity by the
landscape contracting business or landscape construction
professional without board supervision will result in additional
claims against the landscape contracting business.
{ + (3) The board may place an owner or managing employee of
a landscape contracting business on probation if the owner or
managing employee qualifies the business under ORS 671.595 and
fails to substantially participate in the business as determined
by board rule. + }
{ - (3) - } { + (4) + } The board may require as a
condition of probation imposed under this section that
{ - the - } { + a + } landscape construction professional take
a board-approved education course in one or more subjects
relating to landscape operations.
{ - (4) - } { + (5) + } The board may require as a
condition of probation imposed under this section that the owner
or { - officer - } { + managing employee + } of the landscape
contracting business take a board-approved education course in
one or more subjects relating to landscape contracting business
or general business practices.
{ - (5) - } { + (6) + } The board may take action to
suspend, revoke or refuse to renew the license of the landscape
contracting business { + , + }
{ - or - } landscape construction professional { + , owner or
managing employee + } if the business { + , + } { - or - }
professional { + , owner or managing employee + } fails to
fulfill the conditions of the probation.
SECTION 7. ORS 671.660 is amended to read:
671.660. (1) The fee for renewal of a license issued under ORS
671.510 to 671.760 shall be paid annually on or before the last
day of the month of the anniversary of issuance.
(2) The State Landscape Contractors Board may not issue a new
license to a person who has been previously licensed under ORS
671.510 to 671.760 and whose license has expired, unless the
person makes written application on a form approved by the board
and pays the required annual fee. The board may require the
person to also pay a penalty fee.
(3) If a license lapses for two years or more, the person must
reapply as for initial issuance of the license.
(4) When a landscape contracting business renews its license,
the business must { + :
(a) + } Submit the names of all employees who are licensed
landscape construction professionals { - . - } { + ;
(b) Submit the names of all owners and managing employees of
the business;
(c) Demonstrate that an owner or managing employee has complied
with any continuing education requirement adopted by the board;
and
(d) Provide any other information required by the board by
rule. + }
(5) When a person renews a landscape construction professional
license, the person must:
(a) Submit the name of the employer if the person is currently
performing landscaping work; and
(b) Demonstrate that the person has complied with the
continuing education requirement adopted by the board.
SECTION 8. ORS 671.676 is amended to read:
671.676. (1) The State Landscape Contractors Board shall adopt
rules establishing continuing education requirements for
landscape construction professionals { + and for landscape
contracting business owners and managing employees + }.
{ + Except as provided in this subsection, + } the board may not
require landscape construction professionals to take more than
{ - 10 - } { + six + } hours of continuing education every
year { - . - } { + or require landscape contracting business
owners or managing employees to take more than four hours of
continuing education every year. If a landscape construction
professional is also an owner or managing employee of a landscape
contracting business, the board may not require the landscape
construction professional to take more than 10 hours of
continuing education every year. + }
(2) The board may approve programs for purposes of continuing
education for landscape construction professionals and { + for
landscape contracting business owners and managing employees. The
board may + }determine the number of hours to be credited to the
programs. The board shall ensure that continuing education
opportunities for landscape construction professionals { + ,
owners and managing employees + } are readily available.
(3) Programs approved by the board for continuing education
purposes must be designed to directly contribute to the
professional competency of landscape construction
professionals { + or of owners or managing employees + }.
Approved programs may include, but need not be limited to:
(a) Professional development programs and technical meetings of
professional associations for landscape contracting businesses or
for related industries such as pesticide application or
irrigation auditing;
(b) University or college courses related to landscaping or
horticulture;
(c) Professional staff training programs by associations of
landscape construction professionals; and
(d) Online or other forms of educational programs.
(4) The board may adopt rules establishing grounds for
obtaining a waiver of { - the - } continuing education
requirements { - for landscape construction professionals - } .
The board may not allow a waiver for more than two consecutive
years except for a waiver due to military service, retirement,
disability, absence from the state, inactive status or extreme
hardship.
SECTION 9. { + (1) The amendments to ORS 671.560 and 671.595
by sections 2 and 5 of this 2011 Act apply to applications for
the initial issuance of a landscape contracting business license
that are received by the State Landscape Contractors Board on or
after the effective date of this 2011 Act.
(2) The amendments to ORS 671.565 and 671.660 by sections 3 and
7 of this 2011 Act apply to applications for licensing that are
received by the board on or after the effective date of this 2011
Act. + }
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