06 LC 28
3008
House
Bill 1520
By:
Representatives Reece of the
11th,
Jamieson of the
28th,
Benton of the
31st,
McCall of the
30th,
Neal of the
1st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating
to residential and general contractors, so as to revise a definition; to extend
the date by which persons must apply to be licensed without examination; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
41 of Title 43 of the Official Code of Georgia Annotated, relating to
residential and general contractors, is amended by striking paragraph (9) of
Code Section 43-41-2, relating to definitions, and inserting a new paragraph (9)
to read as follows:
"(9)
'Residential contractor' means any contractor who may contract for, undertake to
perform, submit a bid or a proposal or otherwise offer to perform, and perform
any activity or work as a contractor requiring licensure under this chapter for
a fixed price, commission, fee, wage, or other compensation or who undertakes
any activity or work on his or her own behalf or for any person or business
organization that is not licensed as a licensed residential contractor pursuant
to this chapter where such activity or work falls into the category of
residential-basic contractor or residential-light commercial contractor as
defined in this Code section and where the
total
value of the
work or
activity
labor
or of the compensation to be received by the contractor for
such
activity or work
labor
only, whichever is the higher, exceeds
$2,500.00
$5,000.00.
The term 'residential contractor' shall include both a residential-basic
contractor and a residential-light commercial contractor, except where otherwise
expressly stated. The work or activity performed by a residential contractor
may include within its scope any work requiring licensure under Chapter 14 of
this title; provided, however, that any work contractually undertaken by a
residential contractor in the nature of electrical contracting, plumbing,
conditioned air contracting, low voltage contracting, or utility contracting
which falls within the licensing requirements of Chapter 14 of this title may
not be performed by the residential contractor but shall only be performed by a
person who is duly licensed to perform such work under Chapter 14 of this
title."
SECTION
2.
Said
chapter is further amended by striking subsection (a) of Code Section 43-41-17,
relating to the effective date of licensing and sanctioning provisions, and
inserting in lieu thereof a new subsection (a) to read as follows:
"(a)
The licensing requirements imposed by this chapter and the sanctions and
consequences relating thereto shall not become effective and enforceable until
July 1, 2007. On and after such date, no person, whether an individual or a
business organization, shall have the right to engage in the business of
residential contracting or general contracting without a current, valid
residential contractor license or general contractor license, respectively,
issued by the division under this chapter or, in the case of a business
organization, unless such business organization shall have a qualifying agent as
provided in this chapter holding such a current, valid residential contractor or
general contractor license on behalf of such organization issued to such
qualifying agent as provided in this chapter. Notwithstanding the foregoing,
persons seeking licensure under this chapter and exemption from examination
under paragraphs (1) and (2) of subsection (a) of Code Section 43-41-8 shall
submit their applications, including all necessary proof of the basis of
exemption from examination for such license, starting January 1, 2006. The
period for submission of such applications and requests for exemption from the
examination requirements shall extend thereafter for a period of
six
12
months. Furthermore, notwithstanding the foregoing, any person seeking
licensure under this chapter and exemption from examination under paragraph (3)
of subsection (a) of Code Section 43-41-8 may submit his or her application,
including all necessary proof of the basis of such exemption starting July 1,
2006 and continuing
thereafter."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.