HB 91 - General Contractors, State Licensing Board; create
Georgia House of Representatives - 1995/1996 Sessions
HB 91 - General Contractors, State Licensing Board; create
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Jones 71st
House Comm: Ind / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/9/95 Read 1st Time
1/10/95 Read 2nd Time
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Rules Suspended to Introduce
Code Sections amended: 43-18A-1, 43-18A-2, 43-18A-3, 43-18A-4, 43-18A-5,
43-18A-6, 43-18A-7, 43-18A-8, 43-18A-9, 43-18A-10, 43-18A-11
HB 91 LC 21 3008
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 43 of the Official Code of Georgia Annotated,
1- 2 relating to professions and businesses, so as to create the
1- 3 State Licensing Board for General Contractors; to define
1- 4 certain terms; to provide for the composition, powers, and
1- 5 duties of the board; to provide for the licensing of general
1- 6 contractors; to provide for fees and an examination; to
1- 7 provide for the revocation of licenses; to provide for the
1- 8 renewal of licenses; to provide penalties for engaging in
1- 9 general contracting without a valid license; to provide for
1-10 matters relative to the foregoing; to repeal conflicting
1-11 laws; and for other purposes.
1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-13 Title 43 of the Official Code of Georgia Annotated, relating
1-14 to professions and businesses, is amended by inserting
1-15 immediately following Chapter 18 the following:
"CHAPTER 18A
1-16 43-18A-1. (Index)
1-17 As used in this chapter, the term:
1-18 (1) 'Board' means the State Licensing Board for General
1-19 Contractors.
1-20 (2) 'General contractor' means any person, firm, or
1-21 corporation who, for a fixed price, commission, fee, or
1-22 wage, undertakes to bid upon or to construct or who
1-23 undertakes to superintend or manage, on his or her own
1-24 behalf or for any person, firm, or corporation that is
1-25 not licensed as a general contractor pursuant to this
1-26 chapter, the construction of any single-family residence
1-27 or any improvement to any such structure where the cost
1-28 of the undertaking is $30,000.00 or more. Such term
1-29 shall not include any person, firm, or corporation who
1-30 constructs or alters a building on land owned by that
1-31 person, firm, or corporation if such building is
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LC 21 3008
2- 1 intended solely for occupancy by that person and his or
2- 2 her family, firm, or corporation after completion;
2- 3 provided, however, that, if such building is not
2- 4 occupied solely by such person and his or her family,
2- 5 firm, or corporation for at least 12 months following
2- 6 completion, it shall be presumed that the person, firm,
2- 7 or corporation did not intend such building solely for
2- 8 occupancy by that person and his or her family, firm, or
2- 9 corporation.
2-10 43-18A-2. (Index)
2-11 There is created the State Licensing Board for General
2-12 Contractors consisting of nine members appointed by the
2-13 Governor for five-year terms. Five of the members shall
2-14 be general contractors, one member shall be a registered
2-15 engineer who practices structural engineering, and three
2-16 shall be public members. The public members shall have no
2-17 ties with the construction industry and shall represent
2-18 the interests of the public at large. Members shall serve
2-19 until the expiration of their respective terms and until
2-20 their successors are appointed and qualified. Vacancies
2-21 occurring during a term shall be filled by appointment of
2-22 the Governor for the remainder of the unexpired term. The
2-23 Governor may remove any member of the board for
2-24 misconduct, incompetency, or neglect of duty. No board
2-25 member shall serve more than two complete consecutive
2-26 terms.
2-27 43-18A-3. (Index)
2-28 The board shall meet within 30 days after its appointment
2-29 by the Governor at a time and place to be designated by
2-30 the Governor and organize by electing a chairperson, a
2-31 vice chairperson, and a secretary-treasurer, each to serve
2-32 for one year. The board shall have power to make such
2-33 rules and regulations as it deems appropriate, provided
2-34 the same are not in conflict with the laws of this state.
2-35 The secretary-treasurer need not be a member of the board,
2-36 and the board is authorized to employ a full-time
2-37 secretary-treasurer and such other assistants and make
2-38 such other expenditures as may be necessary to the proper
2-39 carrying out of the provisions of this chapter.
2-40 43-18A-4. (Index)
2-41 The board shall meet at least twice each year for the
2-42 purpose of transacting such business as may properly come
2-43 before it. Due notice of each meeting and the time and
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LC 21 3008
3- 1 place thereof shall be given to each member in such manner
3- 2 as the bylaws may provide. Five members of the board shall
3- 3 constitute a quorum.
3- 4 43-18A-5. (Index)
3- 5 The secretary-treasurer shall keep a record of the
3- 6 proceedings of the board and a register of all applicants
3- 7 for licenses showing for each the date of application,
3- 8 name, qualifications, place of business, place of
3- 9 residence, and whether a license was granted or refused. A
3-10 roster showing the names and places of business and of
3-11 residence of all licensed general contractors shall be
3-12 prepared by the secretary of the board during the month of
3-13 January of each year; such roster shall be printed by the
3-14 board, with copies being made available to contractors and
3-15 members of the public, at cost, upon request, or furnished
3-16 without cost, as directed by the board. On or before the
3-17 first day of March of each year the board shall submit to
3-18 the Governor a report of its transactions for the
3-19 preceding year and shall file with the Secretary of State
3-20 a copy of such report, together with a complete statement
3-21 of the receipts and expenditures of the board, attested by
3-22 the affidavits of the chairperson and the secretary, and a
3-23 copy of the said roster of licensed general contractors.
3-24 43-18A-6. (Index)
3-25 (a) Anyone seeking to be licensed as a general contractor
3-26 in this state shall file an application for an examination
3-27 on a form provided by the board accompanied by an
3-28 examination fee of $25.00, together with the sum of
3-29 $100.00 if the application is for an unlimited license,
3-30 the sum of $75.00 if the application is for an
3-31 intermediate license, or the sum of $50.00 if the
3-32 application is for a limited license; the fees and sum
3-33 accompanying any application shall be nonrefundable. The
3-34 holder of an unlimited license shall be entitled to act as
3-35 a general contractor without restriction as to the value
3-36 of any single project; the holder of an intermediate
3-37 license shall be entitled to act as a general contractor
3-38 for any single project with a value of up to $500,000.00;
3-39 the holder of a limited license shall be entitled to act
3-40 as a general contractor for any single project with a
3-41 value of up to $250,000.00; and the license certificate
3-42 shall be classified in accordance with this Code section.
3-43 Before being entitled to an examination an applicant must
3-44 show to the satisfaction of the board from the application
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LC 21 3008
4- 1 and proofs furnished that the applicant is possessed of a
4- 2 good character and is otherwise qualified as to
4- 3 competency, ability, integrity, and financial
4- 4 responsibility, that the applicant has not committed or
4- 5 done any act which, if committed or done by any licensed
4- 6 contractor, would be grounds under the provisions set
4- 7 forth in Code Section 43-18A-7 for the suspension or
4- 8 revocation of a contractor's license, that the applicant
4- 9 has not committed or done any act involving dishonesty,
4-10 fraud, or deceit, that the applicant has never been
4-11 refused a license as a general contractor nor had such
4-12 license revoked, either in this state or in another state,
4-13 for reasons that would preclude the granting of the
4-14 license applied for, and that the applicant has never been
4-15 convicted of a felony involving moral turpitude relating
4-16 to building or contracting or involving embezzlement or
4-17 misappropriation of funds or property entrusted to the
4-18 applicant.
4-19 (b) The board shall conduct an examination, either oral or
4-20 written, of all applicants for a license to ascertain the
4-21 ability of the applicant to make a practical application
4-22 of his or her knowledge of the profession of contracting
4-23 and to ascertain the qualifications of the applicant in
4-24 reading plans and specifications, his or her knowledge of
4-25 estimating costs, construction, ethics, and other similar
4-26 matters pertaining to the contracting business, and his or
4-27 her knowledge as to the responsibilities of a contractor
4-28 to the public and the requirements of the laws of this
4-29 state relating to contractors, construction, and liens. If
4-30 the results of the examination of the applicant shall be
4-31 satisfactory to the board, then the board shall issue to
4-32 the applicant a certificate to engage as a general
4-33 contractor in this state, as provided in such certificate.
4-34 (c) If an applicant is an individual, examination may be
4-35 taken by his or her personal appearance for examination or
4-36 by the appearance for examination of one or more of his or
4-37 her responsible managing employees, and if a copartnership
4-38 or corporation, or any other combination or organization,
4-39 by the examination of one or more of the responsible
4-40 managing officers or members of the personnel of the
4-41 applicant, and if the person so examined shall cease to be
4-42 connected with the applicant, then in such event the
4-43 license shall remain in full force and effect for a period
4-44 of 30 days thereafter and then be canceled, but the
4-45 applicant shall then be entitled to a reexamination,
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LC 21 3008
5- 1 pursuant to the rules promulgated by the board; provided,
5- 2 however, that the holder of such license shall not bid on
5- 3 or undertake any additional contracts from the time such
5- 4 examined employee shall cease to be connected with the
5- 5 applicant until said applicant's license is reinstated as
5- 6 provided in this chapter.
5- 7 (d) Anyone failing to pass this examination may be
5- 8 reexamined at any regular meeting of the board upon
5- 9 payment of an examination fee of $25.00. Anyone requesting
5-10 to take the examination a third or subsequent time shall
5-11 submit a new application with the appropriate examination
5-12 and license fees. Certificates of license shall expire on
5-13 the thirty-first day of December following their issuance
5-14 or renewal and shall become invalid 60 days from that date
5-15 unless renewed, subject to the approval of the board.
5-16 Renewals may be effected any time during the month of
5-17 January without reexamination by the payment of a fee to
5-18 the secretary of the board of $75.00 for an unlimited
5-19 license, $50.00 for an intermediate license, and $25.00
5-20 for a limited license. Renewal applications shall be
5-21 accompanied by evidence of continued financial
5-22 responsibility satisfactory to the board. Renewal
5-23 applications received by the board after January shall be
5-24 accompanied by a late payment of $10.00 for each month or
5-25 part of a month after January. After a lapse of two
5-26 years, no renewal shall be effected and the applicant
5-27 shall fulfill all requirements of a new applicant as set
5-28 forth in this Code section.
5-29 43-18A-7. (Index)
5-30 (a) The board shall have the power to revoke the
5-31 certificate of license of any general contractor licensed
5-32 under this chapter who is found guilty of any fraud or
5-33 deceit in obtaining a license, gross negligence,
5-34 incompetency, or misconduct in the practice of his or her
5-35 profession, or willful violation of any provisions of this
5-36 chapter. Any person may prefer charges of such fraud,
5-37 deceit, negligence, incompetency, or misconduct against
5-38 any general contractor licensed under this chapter. Such
5-39 charges shall be in writing and sworn to by the
5-40 complainant and submitted to the board. Such charges,
5-41 unless dismissed without hearing by the board as unfounded
5-42 or trivial, shall be heard and determined by the board in
5-43 accordance with the provisions of Chapter 13 of Title 50,
5-44 the 'Georgia Administrative Procedure Act.'
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6- 1 (b) The board shall adopt and publish guidelines,
6- 2 consistent with the provisions of this chapter, governing
6- 3 the suspension and revocation of licenses.
6- 4 (c) The board shall establish and maintain a system
6- 5 whereby detailed records are kept regarding complaints
6- 6 against each licensee. This record shall include, for each
6- 7 licensee, the date and nature of each complaint,
6- 8 investigatory action taken by the board, any findings by
6- 9 the board, and the disposition of the matter.
6-10 (d) The board may reissue a license to any person, firm,
6-11 or corporation whose license has been revoked; provided,
6-12 however, that five or more members of the board vote in
6-13 favor of such reissuance for reasons the board deems
6-14 sufficient.
6-15 (e) The board shall immediately notify the Secretary of
6-16 State of its findings in the case of the revocation of a
6-17 license or of the reissuance of a revoked license.
6-18 (f) A certificate of license to replace any certificate
6-19 lost, destroyed, or mutilated may be issued subject to the
6-20 rules and regulations of the board.
6-21 43-18A-8. (Index)
6-22 The issuance of a certificate of license or limited
6-23 license by this board shall be evidence that the person,
6-24 firm, or corporation named therein is entitled to all the
6-25 rights and privileges of a licensed or limited licensed
6-26 general contractor while said license remains unrevoked or
6-27 unexpired.
6-28 43-18A-9. (Index)
6-29 Any person, firm, or corporation not being duly authorized
6-30 who shall contract for or bid upon the construction of any
6-31 of the projects or works enumerated in Code Section
6-32 42-18A-6 without having first complied with the provisions
6-33 of this chapter, or who shall attempt to practice general
6-34 contracting in this state except as provided for in this
6-35 chapter; any person, firm, or corporation presenting or
6-36 attempting to file as his or her own the licensed
6-37 certificate of another or who shall give false or forged
6-38 evidence of any kind to the board or to any member of the
6-39 board in maintaining a certificate of license or who
6-40 falsely shall impersonate another or who shall use an
6-41 expired or revoked certificate of license; and any
6-42 architect or engineer who recommends to any project owner
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7- 1 the award of a contract to anyone not properly licensed
7- 2 under this chapter shall be deemed guilty of a misdemeanor
7- 3 and shall for each such offense of which he or she is
7- 4 convicted be punished by a fine of not less than $500.00,
7- 5 or imprisonment of three months, or both fine and
7- 6 imprisonment in the discretion of the court.
7- 7 43-18A-10. (Index)
7- 8 Whenever it appears to the board that any person, firm, or
7- 9 corporation is violating any of the provisions of this
7-10 chapter or of the rules and regulations of the board
7-11 promulgated under this chapter, the board may apply to the
7-12 superior court for a restraining order and injunction to
7-13 restrain the violation, and the superior courts have
7-14 jurisdiction to grant the requested relief, irrespective
7-15 of whether or not criminal prosecution has been instituted
7-16 or administrative sanctions imposed by reason of the
7-17 violation.
7-18 43-18A-11. (Index)
7-19 Any person, firm, or corporation, upon making application
7-20 to the building inspector or such other authority of any
7-21 incorporated city, town, or county in this state charged
7-22 with the duty of issuing building or other permits for the
7-23 construction of any single-family dwelling or any
7-24 improvement to any such structure where the cost thereof
7-25 is to be $30,000.00 or more, shall, before being entitled
7-26 to the issuance of such permit, furnish satisfactory proof
7-27 to such inspector or authority that he or she or another
7-28 person contracting to superintend or manage the
7-29 construction is duly licensed under the terms of this
7-30 chapter to carry out or superintend the same and that he
7-31 or she has in effect workers' compensation insurance as
7-32 required by the laws of this state. It shall be unlawful
7-33 for any such building inspector or other authority to
7-34 issue or allow the issuance of such building permit unless
7-35 the applicant has furnished evidence that he or she is
7-36 either exempt from the provisions of this chapter or is
7-37 duly licensed under this chapter to carry out or
7-38 superintend the work for which a permit has been applied
7-39 and that the applicant has in effect workers' compensation
7-40 insurance as required by the laws of this state. Any
7-41 building inspector or other such authority who is subject
7-42 to and violates the terms of this Code section shall be
7-43 guilty of a misdemeanor and subject to a fine of not more
7-44 than $50.00."
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LC 21 3008
SECTION 2.
8- 1 All laws and parts of laws in conflict with this Act are
8- 2 repealed.
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Last Updated on 01/02/97