Chapter 535 Oregon Laws 1999

Session Law

AN ACT

SB 827

Relating to landscape contractors; creating new provisions; and amending ORS 571.045, 671.560 and 671.613.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 571.045 is amended to read:

571.045. ORS 571.055 (1) and 571.057 do not apply to:

(1) Any person whose business consists only of retail sales to the ultimate consumer and the total of such sales of nursery stock does not exceed $250 during a fiscal year. Except as provided in subsection (2) of this section, the provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991 apply at any time the sales of nursery stock exceed $250 during a fiscal year.

(2) A person licensed as a landscaping business under ORS 671.560 and 671.565 who does not grow plants, does not store plants except as provided by the State Department of Agriculture by rule, and acquires all plants from a nursery licensed under ORS chapter 571.

SECTION 2. Section 3 of this 1999 Act is added to and made a part of ORS chapter 571.

SECTION 3. The State Landscape Contractors Board and the State Department of Agriculture shall enter into an interagency agreement to address how the board and the department shall ensure that licensed landscaping businesses comply with the provisions of this chapter.

SECTION 4. ORS 671.560 is amended to read:

671.560. (1) Except as provided in ORS 671.590, the State Landscape Contractors Board shall issue a landscape contractor's license to an applicant who satisfies the requirements of ORS 671.570.

(2) The board shall issue a landscaping business license to an applicant who 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) The board may issue a limited or specialty license if the applicant is required to have a landscape contractor's license or business license but is not qualified or required to be licensed for all phases of landscape contracting.

(5) A landscaping 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 5. ORS 671.613 is amended to read:

671.613. (1) The failure of a landscaping business to comply with the provisions of this section, ORS 656.021, 657.665, 670.600, 671.520, 671.525, 671.530 and 671.575 or to be in conformance with the provisions of ORS chapter 316, 571, 656 or 657 is a basis for suspension of the landscaping business license, revocation of the landscaping business license, refusal to issue or reissue a landscaping business license, assessment of a civil penalty as set forth in ORS 671.720 or a combination of these sanctions.

(2) Any action against a landscaping business under this section shall be conducted in conformance with the provisions of ORS 183.413 to 183.497.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

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