Bill Text: OR SB783 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to construction contractor continuing education; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-08-08 - Effective date, August 1, 2013. [SB783 Detail]

Download: Oregon-2013-SB783-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3249

                         Senate Bill 783

Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION

                             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.

  Changes continuing education requirements for commercial
construction contractors. Establishes differing requirements
based on number of years commercial contractor has been licensed.
  Revises criteria for Construction Contractors Board approval of
continuing education programs. Requires board to establish
category system for continuing education programs. Requires
continuing education based on category.
  Applies to licensing periods commencing on or after January 1,
2014, and, at election of commercial construction contractor, to
licensing periods commencing before January 1, 2014.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to construction contractor continuing education;
  creating new provisions; amending ORS 701.063; repealing ORS
  701.123, 701.124, 701.126 and 701.127; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 4 of this 2013 Act are added to
and made a part of ORS chapter 701. + }
  SECTION 2.  { + (1) The Construction Contractors Board shall
adopt minimum quality standards to be met and maintained by
public and private training and education programs approved by
the board for meeting continuing education requirements under
section 3 or 4 of this 2013 Act. The board may determine the
number of hours to be credited to an approved program. In
determining the standards to be adopted, the board shall give
consideration to any continuing education program standards that
have been adopted by national construction trade associations.
  (2) In determining whether to approve a program for meeting
continuing education requirements, the board shall examine the
program content, instructor qualifications and attendance
verification procedures and make other inquiries as the board
considers reasonable to ensure that the program presents
information concerning topics relevant to construction
contractors and is presented in a competent manner to verified
attendees.
  (3) The board shall establish continuing education categories
for matters broadly related to:

  (a) Construction business practices, such as marketing,
customer service, accounting, business law, bidding, building
code and safety issues; or
  (b) Specific focus subjects, such as roofing, excavation,
exterior shell work and energy efficient building.
  (4) Except as provided in subsection (5) of this section and
section 4 (4)(b) of this 2013 Act, one-half of the continuing
education hours that a contractor is required to complete during
a licensing period must be in each category described in
subsection (3) of this section. The board may require that a
minimum number of the specific focus subject program hours that a
contractor is required to complete during a licensing period
relate to the specialty or trade practiced by the contractor.
  (5) The board may recognize a specialized education program
described under ORS 701.120 for purposes of continuing education
credit. The requirement in subsection (4) of this section to
apportion required continuing education between categories does
not apply if the contractor obtains continuing education through
enrollment in a specialized education program. If a continuing
education program provides training in the construction of one
and two family dwellings, the board may designate the program as
a specialized education program only if the program meets board
requirements and includes instruction that meets the requirements
of Department of Consumer and Business Services rules adopted
under ORS 455.805.
  (6) A contractor applying for renewal of a license shall
certify the number of continuing education hours completed during
the preceding licensing period. The board may require training or
education provider verification that the contractor completed the
continuing education. A contractor may not renew a license issued
by the board unless the contractor has completed, at a minimum,
the applicable number of hours and type of continuing education
required under the rules adopted under section 3 of this 2013 Act
or required under section 4 of this 2013 Act.
  (7) A commercial contractor shall maintain records of the
continuing education hours completed by key employees.
  (8) Notwithstanding section 4 of this 2013 Act, the board may
adopt rules to allow a contractor who changes license type or
level to obtain full or partial credit for recently completed
continuing education or for time that the contractor has actively
held a license issued by the board.
  (9) A licensed developer is not subject to continuing education
requirements under this section or section 4 of this 2013 Act or
rules adopted under section 3 of this 2013 Act. + }
  SECTION 3.  { + The Construction Contractors Board shall adopt
rules establishing continuing education requirements for
residential contractors licensed by the board. The rules shall
include, but need not be limited to, rules establishing the
required number of hours and course content for continuing
education. The board may establish reasonable fees for courses
and instruction provided by the board, or for approving the
course content and instruction for continuing education provided
by other sources. + }
  SECTION 4.  { + (1) Except as provided in subsection (2) of
this section, a commercial general contractor level 1, or a
commercial specialty contractor level 1, who has held the
commercial general contractor level 1 or commercial specialty
contractor level 1 license in active status for six or fewer
consecutive years shall have a key employee, or combination of
key employees, who complete at least 40 hours of continuing
education per year.
  (2) If a commercial general contractor level 1, or a commercial
specialty contractor level 1, who has held the commercial general
contractor level 1 or commercial specialty contractor level 1
license in active status for six or fewer consecutive years has
no more than four key employees, the contractor shall have a key
employee, or combination of key employees, who complete
continuing education each year equivalent to the number of key
employees multiplied by eight hours.
  (3) A commercial general contractor level 2, or a commercial
specialty contractor level 2, who has held the commercial general
contractor level 2 or commercial specialty contractor level 2
license in active status for six or fewer consecutive years shall
have a key employee, or combination of key employees, who
complete the equivalent of at least 16 hours of continuing
education per year.
  (4) A commercial general contractor level 1, a commercial
specialty contractor level 1, a commercial general contractor
level 2 or a commercial specialty contractor level 2 who has held
that type and level of license in active status for more than six
consecutive years shall have a key employee, or combination of
key employees, who complete:
  (a) At least 16 hours of continuing education every four years;
or
  (b) At least four hours of continuing education from the
construction business practices category each year if the term of
the contractor license is less than four years.
  (5) This section does not apply to a commercial contractor who
is subject to regulation under ORS 479.510 to 479.945 or 480.510
to 480.670 or ORS chapter 693. + }
  SECTION 5. ORS 701.063 is amended to read:
  701.063. (1) A license is valid for two years from the date of
issuance unless the license is revoked or suspended as set forth
in ORS 701.098.
  (2) A license may be renewed by submitting an application for
renewal on the prescribed form, providing any additional
information required, including evidence of completion of any
required education, and submitting the appropriate application
fee, as provided by Construction Contractors Board rule.
  (3) The board may vary the dates of license renewal by giving
to the licensee written notice of the renewal date assigned and
by making appropriate adjustments in the fee for the license
renewal application.
  (4) If a contractor applies for renewal not more than two years
after the contractor's license lapses, upon the contractor's
compliance with the requirements of subsection (2) of this
section, the board may renew the lapsed license. The board may
designate the effective date of renewal as the last date on which
the contractor was licensed.
  (5) A contractor may convert a license to inactive status if
the contractor is not engaged in work as a contractor. A
contractor having an inactive license is subject to board
licensing requirements and application fees, but is not subject
to the bonding requirement of ORS 701.068 { + , + }   { - or - }
the insurance requirement of ORS 701.073 { +  or continuing
education requirements + }.
  { - A commercial general or commercial specialty contractor
having an inactive license is not subject to the key employee
continuing education requirements of ORS 701.124. - }  An
inactive license is not considered a valid license for purposes
of offering to undertake construction work, submitting a bid for
construction work, obtaining a building permit or performing
construction work. A license may not be placed or maintained in
inactive status more than once during any two-year licensing
term.
  (6) The board shall issue a pocket-card certificate of
licensure to a contractor licensed under this chapter indicating
the type of license issued.
  SECTION 6.  { + ORS 701.123, 701.124, 701.126 and 701.127 are
repealed. + }
  SECTION 7.  { + Sections 2 to 4 of this 2013 Act, the
amendments to ORS 701.063 by section 5 of this 2013 Act and the
repeal of ORS 701.123, 701.124, 701.126 and 701.127 by section 6
of this 2013 Act apply to licensing periods that commence on or
after January 1, 2014. For licensing periods commencing before
January 1, 2014, a commercial contractor may choose whether to
comply with the continuing education requirements established
under section 4 of this 2013 Act or with the continuing education
requirements that were applicable to the commercial contractor
under ORS 701.124 as set forth in the 2011 Edition of Oregon
Revised Statutes. + }
  SECTION 8.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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