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

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-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 783

LC 3249/SB 783-2

                      SENATE AMENDMENTS TO
                         SENATE BILL 783

           By COMMITTEE ON BUSINESS AND TRANSPORTATION

                            April 26

  On page 1 of the printed bill, line 2, after the second
semicolon delete the rest of the line and line 3 and insert '
amending ORS 701.127; repealing ORS 701.123 and 701.126; and
declaring an emergency.'.
  Delete lines 5 through 28 and delete pages 2 through 4 and
insert:
  '  { +  SECTION 1. + }  { + Sections 2 and 3 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 by public
and private providers of approved continuing education programs.
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 licensing trade
associations. Quality standards that the board adopts for
providers are in addition to any considerations under subsection
(2)(c) of this section that the board uses for evaluating
programs.
  ' (2)(a) 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, contractor
laws and board rules; or
  ' (B) Specific focus subjects, such as roofing, excavation,
exterior shell work, building codes, safety issues and energy
efficient building.
  ' (b) The board may, at its discretion, designate an approved
continuing education program as being within a category described
in paragraph (a) of this subsection.
  ' (c) The board may determine whether to approve an education
program for continuing education purposes and determine the
number of hours to be credited to an approved continuing
education program. In determining whether to approve a program
for continuing education, if the program content is focused
primarily on subjects that the board has assigned to a category
described in paragraph (a) of this subsection 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. If the program content is not focused primarily on
subjects that the board has assigned to a category described in
paragraph (a) of this subsection, the board shall ensure that the
program is consistent with the purposes of the continuing
education requirements established in section 3 of this 2013 Act
and that the program providers report program attendance to the
board.
  ' (3) The board may establish a fee for determining whether to
approve a program for continuing education purposes and
determining the number of hours to be credited for the
program. + }
  '  { +  SECTION 3. + }  { + (1)(a) Except as provided in
subsection (3) of this section, a residential contractor must
complete at least 16 hours of continuing education during a
two-year license period if:
  ' (A) The contractor has held a residential contractor license
issued by the board for fewer than six consecutive years; or
  ' (B) A court judgment or arbitration award was entered against
the contractor during the prior licensing period on a claim filed
with the Construction Contractors Board or for which an owner
gave a notice of defect under ORS 701.565.
  ' (b) A contractor that is subject to paragraph (a) of this
subsection must complete eight of the continuing education hours
in programs assigned to the category described in section 2
(2)(a) of this 2013 Act and eight hours in any programs broadly
related to the work of the contractor.
  ' (2) Except as provided in subsections (1) and (3) of this
section, a contractor that has held a residential contractor
license issued by the board for six or more consecutive years
must complete eight hours of continuing education during a
two-year license period. A contractor must complete the
continuing education in programs assigned to the category
described in section 2 (2)(a) of this 2013 Act.
  ' (3) The board may recognize a specialized education program
described under ORS 701.120 for continuing education purposes. 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 includes instruction that meets the requirements of
Department of Consumer and Business Services rules adopted under
ORS 455.805.
  ' (4) A residential 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
residential contractor completed the continuing education. A
residential 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 this section.
  ' (5) A residential developer is not subject to continuing
education requirements under this section. + }
  '  { +  SECTION 4. + }  { + ORS 701.123 and 701.126 are
repealed. + }
  '  { +  SECTION 5. + } ORS 701.127 is amended to read:
  ' 701.127. (1) Notwithstanding   { - ORS 701.126 - }  { +
section 2 of this 2013 Act + }, the Construction Contractors
Board shall adopt criteria for allowing the exemption of a
residential contractor from any board rule requiring continuing
education in state building code compliance or requiring building
exterior shell training.
  ' (2) The board may require a residential contractor to take
continuing education or training in other subjects to offset the
reduction in continuing education or training hours created by
the exemption described in subsection (1) of this section.
  '  { +  SECTION 6. + }  { + Sections 2 and 3 of this 2013 Act,
the amendments to ORS 701.127 by section 5 of this 2013 Act and
the repeal of ORS 701.123 and 701.126 by section 4 of this 2013
Act apply to licensing periods that commence on or after January
1, 2014. Residential contractor continuing education requirements
for licensing periods commencing prior to January 1, 2014, must
be completed in compliance with ORS 701.123 and 701.126 as set
forth in the 2011 Edition of Oregon Revised Statutes and with
Construction Contractor Board rules adopted for carrying out ORS
701.123 and 701.126. + }
  '  { +  SECTION 7. + }  { + 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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