06 HB1259/SCSFA/3
SENATE
SUBSTITUTE TO HB 1259
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 and Chapter 38 of Title 43 of the Official Code of Georgia
Annotated, relating to electrical contractors, plumbers, conditioned air
contractors, low-voltage contractors, and utility contractors and private
detectives and security agencies, respectively, so as to authorize partners,
officers, and employees of an individual licensee to engage in the business of
conditioned air contracting upon the
licenseés
death for 180 days; to provide a fine and penalties for the unauthorized use of
a license number of a conditioned air contractor; to revise a definition; to
revise the licensing process for private detectives and private security
officers; to permit one or more individuals to qualify to hold the license for
an individual, firm, association, company, partnership, limited liability
company, or corporation; to provide the board with authority to promulgate rules
to ensure that individuals are capable of assuming full responsibility for
operations of the particular individual, firm, association, company,
partnership, limited liability company, or corporation; to revise the provisions
for issuing permits for carrying firearms for certain private detectives and
private security officers; to revise the provisions for granting of training
instructor licenses to certain individuals; to remove the provisions making the
chapter inapplicable to persons engaged in the business of furnishing
information in connection with credit or marketing or engaged as a consumer
reporting agency; to provide that engaging in private detective business or
private security business without a license is a felony; to provide for related
matters; to provide for an effective date and applicability; 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."
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.
Chapter
38 of Title 43 of the Official Code of Georgia Annotated, relating to private
detectives and security agencies, is amended by striking paragraph (3) of Code
Section 43-38-3, relating to definitions, and inserting in it place a new
paragraph (3) to read as follows:
"(3)
'Private detective business' means the business of obtaining or furnishing, or
accepting employment to obtain or to furnish, information with reference
to:
(A)
Crimes or wrongs done or threatened against the United States of America or any
state or territory thereof;
(B)
The background, identity, habits, conduct, business, employment, occupation,
assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency,
loyalty, activity, movement, whereabouts, affiliations, associations,
transactions, acts, reputation, or character of any person;
(C)
The location, disposition, or recovery of lost or stolen property;
(D)
The cause or responsibility for fires, libels, losses, accidents, damage, or
injury to persons or property;
(E)
The securing of evidence in the course of the private detective business to be
used before any court, board, officer, or investigating committee;
or
(F)
The protection of individuals from serious bodily harm or death.
In
addition to the aforementioned services,
́private
detective
businesś
shall also mean providing, or accepting employment to provide, protection of
persons from death or serious bodily
harm."
SECTION
4.
Said
chapter is further amended by striking subsection (a) of Code Section 43-38-6,
relating to licenses and qualifications, and inserting in its place a new
subsection (a) to read as follows:
"(a)
Any individual, firm, association, company, partnership, limited liability
company, or corporation desiring to engage in the private detective or private
security business in this state shall make a verified application in writing to
the division director for a license therefor. If the applicant is a firm,
association, company, partnership, limited liability company, or corporation,
the person filing the application on behalf of such firm, association, company,
partnership, limited liability company, or corporation shall be a corporate
officer of such corporation or an officer of such firm, association,
partnership, or limited liability company; and such individual shall meet the
qualifications set out in this Code section.
In lieu of the
foregoing requirement, the applicant of a firm, association, company,
partnership, limited liability company, or corporation desiring to engage in the
private security business may be the chief security officer, or equivalent
position, of such entity, and such individual shall meet the qualifications set
out in this Code
section."
SECTION
5.
Said
chapter is further amended by striking paragraph (7) of subsection (b) of Code
Section 43-38-6, relating to licenses and qualifications, and inserting in its
place a new paragraph (7) to read as follows:
"(7)
The applicant for a private detective company license has had at least two
yearś
experience as an agent registered with a licensed detective agency
or has had at
least two
yearś
experience as a supervisor or administrator in in-house
investigations, or has had at least two
yearś
experience
in law
enforcement
as a peace
officer as defined by subparagraph (A) of paragraph (8) of Code Section
35-8-2, or has a four-year degree in
criminal justice or a related field from an accredited university or college;
and the applicant for a security company license has had at least two
yearś
experience as a supervisor or administrator in in-house security operations or
with a licensed security agency, or has had at least two
yearś
experience in law enforcement, or has a four-year degree in criminal justice or
a related field from an accredited university or
college;"
SECTION
6.
Said
chapter is further amended by adding a new subsection (j) to Code Section
43-38-6, relating to licenses and qualifications, to read as
follows:
"(j)
In addition to the initial applicant, any individual, firm, association,
company, partnership, limited liability company, or corporation desiring to
engage in the private detective or private security business may choose to
designate one or more individuals to qualify to hold the license for the
individual, firm, association, company, partnership, limited liability company,
or corporation. Such individual or individuals shall meet the same
qualifications set out in this Code section as relate to the initial applicant,
and the board shall have the authority to promulgate rules and regulations
necessary to ensure that such additional individual or individuals are capable
of assuming full responsibility for the operations of the particular individual,
firm, association, company, partnership, limited liability company, or
corporation in compliance with this Code section and with all rules and
regulations promulgated pursuant to this Code
section."
SECTION
7.
Said
chapter is further amended by striking subsection (a) of Code Section 43-38-10,
relating to permits to carry firearms, proficiency requirement, exemption from
specified laws, denial, refusal to renew, and suspension of permits, and effect
of license suspension and restoration, and inserting in its place a new
subsection (a) to read as follows:
"(a)
The board may grant a permit to carry a
pistol,
revolver, or other firearm to any person
who is at least 21 years of age and who is licensed or registered in accordance
with this chapter and who meets the qualifications and training requirements set
forth in this Code section and such other qualifications and training
requirements as the board by rule may establish
and who is not
prohibited by federal or state law from possession of a
firearm. The board shall have the
authority to establish limits on type and caliber of such weapons by rule.
Application for such permit and for renewal thereof shall be made on forms
provided by the division director. No weapons permit issued under this Code
section shall be transferable to another
individual."
SECTION
8.
Said
chapter is further amended by adding a new subsection (k) to Code Section
43-38-10, relating to permits to carry firearms, proficiency requirement,
exemption from specified laws, denial, refusal to renew, and suspension of
permits, and effect of license suspension and restoration, to read as
follows:
"(k)
The board shall have the authority to refuse to grant a weapons permit to an
applicant or to revoke the registration of a person registered by the board if
that person would be ineligible for issuance of a license or permit pursuant to
subsection (b) of Code Section 16-11-129 or if such person would be prohibited
under federal or state law from possessing a
firearm."
SECTION
9.
Said
chapter is further amended by adding a new subsection (e) to Code Section
43-38-10.1, relating to training instructors and training programs, to read as
follows:
"(e)
The board shall have the authority to refuse to grant a training instructor
license to an applicant or to revoke the registration of an instructor licensed
by the board if that person would be ineligible for issuance of a license or
permit pursuant to subsection (b) of Code Section 16-11-129 or if such person
would be prohibited under federal or state law from possessing a
firearm."
SECTION
10.
Said
chapter is further amended by striking subsection (a) of Code Section 43-38-14,
relating to exceptions to operation of chapter and to local regulation, and
inserting in its place a new subsection (a) to read as follows:
"(a)
This chapter shall not apply to:
(1)
An officer or employee of the United States of America or of this state or a
political subdivision thereof while the employee or officer is engaged in the
performance of official duties;
(2)
A person
engaged in
the business of furnishing information in connection with credit or marketing
and a or firm engaged as a consumer
reporting agency, as defined
and
regulated by the federal Fair Credit
Reporting Act;
(3)
An attorney at law or a bona fide legal assistant in performing his or her
duties;
(4)
Admitted insurers, agents, and insurance brokers licensed by the state while
performing duties in connection with insurance transacted by them;
(5)
A peace officer employed on a full-time basis by a federal, state, county, or
local law enforcement agency who contracts directly with an employer to work
during his or her off-duty hours and whose off-duty employment is conducted on
an independent contractor basis with another employer other than a peace officer
engaged in the private detective or private security business or a private
detective or private security agency, subject to Code Section 16-10-3, relating
to the receipt of funds by state officers or employees for the enforcement of
penal laws;
(6)
A firm engaged in the business of independent insurance claims adjusting whose
employees hold a valid Georgia
adjusteŕs
license; or
(7)
The employees of a firm mentioned in paragraph (6) of this
subsection."
SECTION
11.
Said chapter is further amended by striking Code Section 43-38-16, relating to penalties, in its entirety and inserting in its place a new Code Section 43-38-16 to read as follows:
Said chapter is further amended by striking Code Section 43-38-16, relating to penalties, in its entirety and inserting in its place a new Code Section 43-38-16 to read as follows:
"43-38-16.
Any
person who engages in the private detective business or private security
business or offers, pretends, or holds himself
or
herself out as eligible to engage in the
private detective business or private security business and who is not legally
licensed or registered under this chapter shall be guilty of a
misdemeanor
felony and,
upon conviction thereof, shall be punished by a fine of not less than $500.00
nor more than $1,000.00 or by imprisonment for not less than two nor more than
five years, or both. Each day or fraction
of a day that he
or
she practices in violation of this chapter
shall constitute a separate
offense."
SECTION
12.
This
Act shall become effective July 1, 2006, and shall not apply to any offense
committed before that date. Any such offense committed before that date shall
be governed by the statute in effect at the time the offense was
committed.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.