08 LC 28
4037
Senate
Bill 464
By:
Senators Staton of the 18th, Chapman of the 3rd, Douglas of the 17th, Rogers of
the 21st, Carter of the 13th and others
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 provide that the fact that a
business organization has operated continuously with a regular office and place
of business but under different corporate names over the immediately preceding
five-year period shall be sufficient to meet the five-year business operation
requirement for the licensure of a qualifying agent of a business organization
without examination; to extend the date for receiving of applications for
licensure without examination; 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 revising paragraph (2) of
subsection (a) of Code Section 43-41-8, relating to eligibility for
licensure without examination, as follows:
"(2)
Any person who has successfully and efficiently engaged in the comparable
category of residential or general contracting in this state as provided in this
Code section; provided, however, that such person shall be either a resident and
citizen of the
state
State
of Georgia or, if applying as a qualifying agent for a business organization,
such business organization shall be either incorporated in Georgia or is a
business organization otherwise authorized and certified to transact business in
Georgia with a regular office and place of business in Georgia currently and
having had such office and place of business continuously for the five years
immediately preceding such application; provided, further, that such application
and request for exemption is submitted within the time limits set forth in
subsection (a) of Code Section 43-41-17.
The fact that
a business organization has operated continuously with a regular office and
place of business but under different corporate names over the immediately
preceding five-year period shall be sufficient to meet the five-year business
operation requirement of this paragraph.
To prove that he or she has successfully engaged in residential-basic or
residential-light commercial projects, the person shall be required to give
evidence of three successful projects located in Georgia which were successfully
completed over the period of five years immediately prior to the time of
application; evidence of ten successfully completed residential-basic or
residential-light commercial projects located in Georgia over the period of ten
years immediately prior to the time of application; or evidence that he or she
has participated in or been engaged in residential-basic or residential-light
commercial construction in a supervisory or management capacity for seven of the
ten years immediately prior to the time of application. To prove that he or she
has successfully engaged in commercial general contracting, the person
submitting the application shall be required to give evidence of five successful
general contracting projects located in Georgia which were successfully
completed over the period of five years immediately prior to the time of
application or evidence of ten successful general contracting projects located
in Georgia which were successfully completed over the period of ten years
immediately prior to the time of application, such projects having been
performed either by such person acting as an individual or by a business
organization in which such individual person was affiliated by employment or
ownership and over which such person had general oversight and management
responsibilities;".
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 43-41-17,
relating to effective date of licensing and sanctioning provisions, as
follows:
"(a)
The licensing requirements imposed by this chapter and the sanctions and
consequences relating thereto shall not become effective and enforceable until
July 1, 2008. 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 January 1, 2006. The
period for submission of such applications and requests for exemption from the
examination requirements shall extend
thereafter
for a period of 18 months
until June 30,
2008. 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 January 1, 2007, and continuing
thereafter."
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.