Bill Text: OR SB783 | 2013 | Regular Session | Enrolled
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-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 783
Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION
CHAPTER ................
AN ACT
Relating to construction contractor continuing education;
creating new provisions; repealing ORS 701.123, 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 5 of this 2013 Act are added to
and made a part of ORS chapter 701. + }
SECTION 2. { + (1) The Construction Contractors Board shall
adopt rules establishing a continuing education system for
residential contractors licensed by the board. The rules shall
include, but need not be limited to, minimum standards to be met:
(a) By approved providers of continuing education; and
(b) By courses that the board approves as continuing education.
(2) In establishing the continuing education system, the board
may give consideration to any continuing education program
adopted by national construction licensing trade
associations. + }
SECTION 3. { + (1) The Construction Contractors Board may
enter into agreements with approved continuing education
providers for the providers to offer education developed by the
board under section 4 (1)(b) of this 2013 Act. The agreements may
provide for the board to collect payment from the providers for
the use of the education materials developed by the board.
(2) In determining whether to approve an entity as a provider
of continuing education that is required under section 4 (1)(c)
of this 2013 Act, the board shall consider:
(a) Instructor qualifications; and
(b) Attendance verification procedures.
(3) In determining whether to approve a course as continuing
education described in section 4 (1)(c) of this 2013 Act, the
board shall consider the course content.
(4) In determining any process for approving an entity as a
provider of continuing education that is not required under
section 4 (1) of this 2013 Act, the board may consider attendance
verification procedures.
(5) The board may determine the number of continuing education
hours to be credited to a continuing education course or to a
specialized education program described in section 5 of this 2013
Act.
(6) The board may establish reasonable fees for approvals of
entities as continuing education providers, approvals of
continuing education courses and approvals of specialized
education programs described in section 5 of this 2013 Act and
Enrolled Senate Bill 783 (SB 783-B) Page 1
reasonable fees for any continuing education courses offered by
the board. The board may charge an approved provider a reasonable
fee for each attendee completing course hours in approved
continuing education to cover board costs associated with
administering the residential contractor continuing education
system. + }
SECTION 4. { + (1)(a) Except as provided in subsections (2)
and (6) of this section and section 5 of this 2013 Act, to
qualify for the renewal of a residential contractor license the
licensee must complete eight hours of continuing education during
the two-year licensing period preceding the renewal.
(b) Three of the hours required under paragraph (a) of this
subsection must be education regarding laws, regulations and
business practices. The Construction Contractors Board shall
develop materials for the education. The education must be
offered by the board or by an approved continuing education
provider acting under an agreement with the board.
(c) Five of the hours required under paragraph (a) of this
subsection must be education from approved providers and be
courses the board has approved as continuing education regarding
one or more of the following:
(A) Construction business practices.
(B) Marketing.
(C) Customer service.
(D) Accounting.
(E) Business law.
(F) Bidding.
(G) Building codes.
(H) Safety.
(I) Energy efficiency.
(J) Trade specific subjects, such as roofing, excavation or
exterior shell construction.
(K) Other subjects that the board determines by rule to be
appropriate.
(2)(a) In addition to completing the continuing education
required under subsection (1) of this section, to qualify for the
renewal of a residential contractor license the licensee must
complete an additional eight hours of continuing education during
the two-year licensing period preceding the renewal if the
residential contractor was not licensed by the board as a
residential contractor during any part of the six-year period
immediately preceding the renewal.
(b) Continuing education that is required of a residential
contractor under paragraph (a) of this subsection must be offered
by an approved continuing education provider or the board. The
education may be in any subject described in subsection (1) of
this section related to construction or the business of the
residential contractor.
(3) A residential contractor applying for the renewal of a
license shall certify the number of continuing education hours
completed by the contractor during the two-year period
immediately preceding the renewal. The board may require
verification of certified continuing education hours described in
subsection (1)(c) of this section.
(4) Notwithstanding subsections (1) to (3) of this section, the
board may adopt rules to adjust the period allowed for the
completion of continuing education when the renewing residential
contractor holds a lapsed license described under ORS 701.063
(4).
Enrolled Senate Bill 783 (SB 783-B) Page 2
(5) Subsections (1) to (4) of this section do not apply to a
residential contractor endorsed only as a residential developer.
(6) The board may exempt residential contractors from
continuing education requirements under this section. The board
may create exemptions under this subsection by rule or may grant
an exemption on a case-by-case basis. + }
SECTION 5. { + The Construction Contractors Board may allow a
residential contractor to participate in a specialized education
program under ORS 701.120 in lieu of completing continuing
education described in section 4 (1)(c) of this 2013 Act. The
board may establish a minimum number of specialized education
program hours or courses that the residential contractor must
complete during a two-year period to substitute for all or part
of the required continuing education hours. If the specialized
education program provides training in one- and two-family
dwelling construction, the board may approve the specialized
education program as a substitute for continuing education only
if the program meets the program criteria described in ORS
455.805 (3) and Department of Consumer and Business Services
rules adopted under ORS 455.810. + }
SECTION 6. { + ORS 701.123, 701.126 and 701.127 are repealed
January 1, 2014. + }
SECTION 7. { + (1) Sections 2 to 5 of this 2013 Act become
operative January 1, 2014. The Construction Contractors Board may
take any actions prior to January 1, 2014, that the board deems
necessary or expedient to provide for the administration and
enforcement of sections 2 to 5 of this 2013 Act on or after
January 1, 2014.
(2) Notwithstanding subsection (1) of this section, sections 2
to 5 of this 2013 Act and the repeal of ORS 701.123, 701.126 and
701.127 by section 6 of this 2013 Act, the board may adopt rules
to allow full or partial continuing education credit for
continuing education courses or specialized education program
coursework completed prior to January 1, 2015, regardless of
whether a course or program coursework meets minimum standards
adopted by the board under section 2 of this 2013 Act. + }
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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Passed by Senate June 29, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House July 1, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 783 (SB 783-B) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 783 (SB 783-B) Page 4
