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

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-Engrossed.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

                           A-Engrossed

                         Senate Bill 783
                 Ordered by the Senate April 26
           Including Senate Amendments dated April 26

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.

  Changes continuing education requirements for
 { - commercial - }  { +  residential + } construction
contractors. Establishes differing requirements based on number
of years   { - commercial - }  { +  residential + } 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 701.127; repealing ORS
  701.123 and 701.126; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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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