06 LC 36
0120S
The
House Committee on Judiciary offers the following substitute to HB
1105:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating
to electrical contractors, plumbers, conditioned air contractors, low-voltage
contractors, and utility contractors, so as to provide for the documentation of
full-time engagement in the performance of a conditioned air contracting
business; to provide a fine and penalties for the unauthorized use of a license
number of a conditioned air contractor; to provide that a contract of an
unlicensed conditioned air contractor is unenforceable; to provide for renewal
of certificates; 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
14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical
contractors, plumbers, conditioned air contractors, low-voltage contractors, and
utility contractors, is amended by striking subsection (h) of Code Section
43-14-8, relating to licensing required for electrical, plumbing, or conditioned
air contracting, and inserting a new subsection (h) to read as
follows:
"(h)
No partnership, limited liability company, or corporation shall have the right
to engage in the business of conditioned air contracting unless there is
regularly connected with such partnership, limited liability company, or
corporation a person or persons actually engaged in the performance of such
business on a full-time basis who have valid licenses issued to them as provided
for in this chapter; provided, however, that partners, officers, and employees
of the individual who fulfilled the licensing requirements shall continue to be
authorized to engage in the business of conditioned air contracting under a
license which was valid at the time of the
licenseés
death for a period of
90
180
days following the date of such death.
The board
shall have the authority to require such documentation as is necessary to
determine whether any person engaged in the business of conditioned air
contracting is in fact engaged in the performance of such business on a
full-time
basis."
SECTION
2.
Said
chapter is further amended by striking subsection (e) of Code Section
43-14-12.1, relating to evidence of violation of licensing requirements, and
inserting in lieu thereof new subsections (e) and (f) to read as
follows:
"(e)
In the event
that any person misappropriates and uses the license number of a licensed
conditioned air contractor in any manner in which he or she is not so
authorized, including, but not limited to, obtaining a construction or building
permit, the board shall be authorized to impose a civil penalty not to exceed
$1,000.00 for each occurrence thereof. Furthermore, such person may be
prohibited from obtaining a conditioned air license for a period of five years
from the date of the last violation in the event that he or she makes
application to the board for such license.
(f)
Nothing in this Code section shall be construed to prohibit the board from
seeking remedies otherwise available by statute without first seeking a cease
and desist order in accordance with the provisions of this Code
section."
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.