05 LC
28 2157
Senate
Bill 124
By:
Senators Seabaugh of the 28th, Johnson of the 1st, Balfour of the 9th and Meyer
von Bremen of the
12th
AS PASSED
AS PASSED
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 change the method of appointing
certain members of the board; to provide for certain qualifications concerning
licensing for board members; to provide for the time for appointing members of
the board; to provide for the time for filing of applications for exemption from
examination; to provide for the time for filing applications for certain
licensing; to amend Section 2 of an Act approved May 14, 2004
(Ga. L. 2004, p. 786), so as to change the effective date of such
Act; to provide for related matters; to provide 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 Code Section
43-41-3, relating to creation of the State Licensing Board for Residential and
General Contractors, and inserting in lieu thereof a new Code Section 43-41-3 to
read as follows:
"43-41-3.
(a)
There is created the State Licensing Board for Residential and General
Contractors consisting of 14 members appointed by the Governor for five-year
terms. The board shall be assigned to the Secretary of State´s office for
administrative purposes and shall be under the jurisdiction of the division
director and shall operate in accordance with and pursuant to the provisions of
Chapter 1 of this title, as applicable. The board shall be comprised of two
divisions: the residential contractor division, having jurisdiction of and
authority over the two subcategories of residential contracting,
residential-basic contractors and residential-light commercial contractors, and
the general contractor division. Seven members shall be appointed and serve as
members of the residential contractor division of the board and seven members
shall be appointed and serve as members of the general contractor division of
the board. Members shall serve until the expiration of their respective terms
and until their successors are appointed and qualified. Vacancies occurring
during a term shall be filled by appointment of the Governor for the remainder
of the unexpired term and such replacement shall meet the requirements and
criteria of selection of the person previously holding the vacant position. To
be eligible to serve on the respective divisions of the board, each contractor
member shall be and remain actively involved in the construction contracting
business and shall have been so engaged for a period of not less than five
consecutive years before the date of appointment in the particular contracting
business, as a residential contractor or general contractor, corresponding to
the division for which such person is appointed. Any contractor members whose
term continues after or who are appointed to terms commencing two years from the
date that this chapter becomes effective must also have been licensed and
certified by the respective division of the board to operate as a contractor in
the category to which the member is appointed. The position of any appointive
member of the board who, during his or her term of appointment, shall cease to
meet the qualifications for original appointment shall be immediately vacated.
No member of the board shall be appointed to serve more than two full
terms.
(b)
The residential contractor division shall consist of seven members and, except
as otherwise expressly stated in this chapter, shall have jurisdiction of and
authority over the practice of the two subcategories of residential contracting,
residential-basic contractors and residential-light commercial contractors.
Five members shall be residential contractors eligible for licensure under this
chapter. Effective July 1 of the second year after this chapter becomes
effective, all residential contractor members shall be required to be licensed
under this chapter. At least two of the residential contractor members shall be
qualified to perform residential-light commercial type projects; three shall be
qualified and shall predominantly perform residential-basic type projects; one
shall be a residential contractor whose business predominately involves
remodeling projects; one shall be a residential contractor who constructs at
least an average of 20 residences per year; and all must be geographically
diverse. One member shall be a public building official and one member shall be
a public member. The public member shall have no ties with the residential
construction industry and shall represent the interests of the public at large.
The initial member terms on the residential contractor division shall be
staggered so that all terms do not expire simultaneously. Three members shall
serve initial terms of five years, three members shall serve initial terms of
four years, and one member shall serve an initial term of three years. The
residential contractor division shall meet at least six times each year for the
purpose of transacting such business as may properly come before
it.
(c)
The general contractor division shall consist of seven members and, except as
otherwise expressly stated in this chapter, shall have jurisdiction of and
authority over the practice of general contracting. Five members shall be
general contractors eligible for licensure under this chapter. Effective July
1 of the second year after this chapter becomes effective, all general
contractor members shall be required to be licensed under this chapter. At
least two of the general contractor members shall be small-volume builders with
an annual contracting volume of less than $5 million and all of whom must be
geographically diverse. One member shall be a currently licensed or registered
architect or engineer and one member shall be a public building official. The
initial member terms on the general contractor division shall be staggered so
that all terms do not expire simultaneously. Three members, including at least
two contractor members, shall serve initial terms of five years; three members,
including at least two contractor members, shall serve initial terms of four
years; and one member shall serve an initial term of three years. The general
contractor division shall meet at least six times each year for the purpose of
transacting such business as may properly come before
it."
SECTION
2.
Said
chapter is further amended by striking subsection (a) of Code Section 43-41-4,
relating to appointment of members of the board, and inserting in lieu thereof a
new subsection (a) to read as follows:
"(a)
The initial members of the board shall be appointed no later than July 1 of the
year in which this chapter becomes effective. The board shall meet within 30
days after its appointment at a time and place to be designated by the Governor
and organize by electing a chairperson and a vice chairperson, each to serve for
a one-year
term."
SECTION
3.
Said
chapter is further amended by striking subsection (a) of Code Section 43-41-17,
relating to 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
two years after the effective date of this chapter. 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 six
months after the effective date of this chapter. The period for submission of
such applications and requests for exemption from the examination requirements
shall extend thereafter for a period of six 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 12 months after the effective date of
this chapter and continuing
thereafter."
SECTION
4.
An
Act approved May 14, 2004 (Ga. L. 2004, p. 786), is amended by
striking Section 2 and inserting in lieu thereof a new Section 2 to read as
follows:
"SECTION
2.
This
Act shall become effective upon the approval of the Governor or upon its
becoming law without such approval for the purposes of appointing members of the
board and on July 1, 2005, for all other
purposes."
SECTION
5.
This
Act shall become effective upon approval of the Governor or upon its becoming
law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.