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
By: Senators Seabaugh of the 28th, Johnson of the 1st, Balfour of the 9th and Meyer von Bremen of the 12th
A
BILL TO BE ENTITLED
AN ACT
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,
ten of whom 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 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,
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 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 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
30
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
one
year
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
18
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
only upon
the effective date of an appropriation of funds for the purposes of this Act as
expressed in a line item making specific reference to the full funding of this
Act in an appropriations Act enacted by the General
Assembly
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.