06 AM 29
0610
ADOPTED
SENATE
Senators
Seabaugh of the 28th and Thompson of the 33rd offered the following
amendment:
Amend
the Senate Regulated Industries and Utilities Committee substitute to HB 1259
(LC 29 2396S) by striking lines 1 and 2 of page 1 and inserting in lieu thereof
the following:
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
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
By
redesignating Sections 1 through 11 as Sections 3 through 13,
respectively.
By
inserting between lines 16 and 17 of page 1 the following:
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."