05 LC 28
2155S
The
House Committee on Governmental Affairs offers the following substitute to HB
184:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating
to creation of State Licensing Board for Residential and General Contractors, so
as to change the manner of appointment of members of the board; 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.
Code
Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation
of State Licensing Board for Residential and General Contractors, is amended by
striking the Code section 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,
ten of whom
who
shall be appointed by the Governor for five-year
terms, two
of whom shall be appointed by the Speaker of the House of Representatives for
five-year terms, and two of whom shall be appointed by the Senate Committee on
Assignments or successor by Senate Rule for five-year
terms. The board shall be assigned to the
Secretary of
Statés
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,
one of whom shall be appointed by the Speaker of the House of Representatives
and one of whom shall be appointed by the Senate Committee on
Assignments, 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.
The members
appointed by the Speaker of the House of Representatives and the Senate
Committee on Assignments or successor by Senate Rule shall be residential
contractors. 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 Governor
in making such initial appointments shall specify the term for which each such
appointee shall serve. 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,
one of whom shall be appointed by the Speaker of the House of Representatives
and one of whom shall be appointed by the Senate Committee on Assignments or
successor by Senate Rule, 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.
The members
appointed by the Speaker of the House of Representatives and the Senate
Committee on Assignments or successor by Senate Rule shall be general
contractors. 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
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
Governor in making such initial appointments shall specify the term for which
each such appointee shall serve. 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.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.