Georgia Senate Bill SB503 Engrossed / Bill

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Senate Bill 503
By: Senators Brass of the 28th, Summers of the 13th, Dolezal of the 27th, Ginn of the 47th,
Harbison of the 15th and others 
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
1
businesses, so as to amend Chapter 41, relating to residential and general contractors; to2
rename the general contractor license as a commercial general contractor license and to make3
conforming amendments throughout; to change certain provisions relating to the4
membership, qualifications, terms, and meetings of the State Licensing Board for Residential5
and General Contractors; to require proof of qualified financial responsibility and insurance6
coverages after taking the examination required for licensure; to change certain provision7
relating to reciprocity; to change certain provisions relating to eligibility for licensure without8
examination; to change the notification and designation requirements relating to qualifying9
agents; to require each business organization that has terminated its qualifying agent to10
furnish certain information to building inspectors; to make certain changes as to the role of11
building inspectors; to change provisions relating to the effective date of licensing; to provide12
for related matters; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.
15
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,16
is amended by revising Chapter 41, relating to residential and general contractors, as follows:17
"43-41-1.18
It is the intent of the General Assembly, in the interest of public health, safety, and welfare,19
to safeguard homeowners, other property owners, tenants, and the general public against20
faulty, inadequate, inefficient, and unsafe residential and commercial
 general contractors. 21
The practice of residential and commercial general contracting is declared to be a business22
or profession affecting the public interest and this chapter shall be liberally construed so23
as to accomplish the intent and purposes stated in this Code section.24
43-41-2.25
As used in this chapter, the term:26
(1)  'Board' means the State Licensing Board for Residential and Commercial General27
Contractors.28
(2)  'Business organization' means any partnership, corporation, limited liability entity,29
business trust, joint venture, or other legal entity, other than an individual person, doing30
business or seeking, offering, or contracting to do business as a contractor or otherwise31
performing or acting as a contractor as defined in this Code section.32
(3)  'Commercial general contractor' means a contractor whose services are unlimited as33
to the type of work which he or she may do, subject to the financial limitations as may34
be imposed by a subclassification created pursuant to paragraph (8) of subsection (b) of35
Code Section 43-41-5, and who may contract for, undertake to perform, submit a bid or36
a proposal or otherwise offer to perform, and perform any activity or work as a contractor37
requiring licensure under this chapter including within its scope any work requiring38
licensure under Chapter 14 of this title; provided, however, that any work contractually39
undertaken by a commercial general contractor in the nature of electrical contracting,40
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plumbing, conditioned air contracting, low-voltage contracting, or utility contracting41
which falls within the licensing requirements of Chapter 14 of this title may not be42
performed by the commercial general contractor but shall only be performed by a person43
who is duly licensed to perform such work under Chapter 14 of this title. The44
construction of all private, commercial, institutional, industrial, public, and other45
buildings and structures under contract with or engagement directly by an owner shall be46
undertaken by a commercial general contractor, except as otherwise expressly set forth47
in or excluded from operation of this chapter.48
(3)(4) 'Contracting' means performing or causing to be performed any of the activities49
set forth in paragraphs (3), (4), (5), (9), (10), and (11) of this Code section which define50
the types of contractors.  The offering of contracting services and the negotiation of or51
bid or proposal for engagement or a contract requiring performance of these services also52
constitutes contracting.53
(4)(5) 'Contractor,' except as specifically exempted by this chapter, means a person who54
is qualified, or required to be qualified, under this chapter and who, for compensation,55
contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or56
personally or by others performs the construction or the management of the construction57
for an owner of any building, bridge, or other structure, including a person who installs58
industrialized buildings as defined in paragraphs (3) and (4) of Code Section 8-2-111, for59
the construction or improvement of, addition to, or the repair, alteration, or remodeling60
of any such building, bridge, or structure for use by the owner or by others or for resale61
to others.  The term 'contractor' for purposes of this chapter shall include a person who62
contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does63
himself or herself perform, for an owner:64
(A)  Construction management services relative to the performance by others of such65
construction activities where the person performing such construction management66
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services is at risk contractually to the owner for the performance and cost of the
67
construction; and68
(B)  Services of a contractor as part of performance of design-build services, whether69
as a prime contractor, joint venture partner, or as a subcontractor to a design70
professional acting as prime contractor as part of a design-build entity or combination.71
Both residential and commercial
 general contractors, in addition to contractors licensed72
under Chapter 14 of this title to perform such work or any component thereof, shall be73
permitted to construct storm-water management systems comprising any storm-water74
conveyance or storm-water detention facility that moves storm or surface water from a75
specific point on a wholly contained construction project site to another specific point on76
the same project site and which are wholly contained within the project site and are not77
part of or connected to any public or private water treatment system, waste-water78
treatment system, or storm-water system.79
(5)  'General contractor' means a contractor whose services are unlimited as to the type80
of work which he or she may do, subject to the financial limitations as may be imposed81
by a subclassification created pursuant to paragraph (8) of subsection (b) of Code Section82
43-41-5, and who may contract for, undertake to perform, submit a bid or a proposal or83
otherwise offer to perform, and perform any activity or work as a contractor requiring84
licensure under this chapter including within its scope any work requiring licensure under85
Chapter 14 of this title; provided, however, that any work contractually undertaken by a86
general contractor in the nature of electrical contracting, plumbing, conditioned air87
contracting, low voltage contracting, or utility contracting which falls within the licensing88
requirements of Chapter 14 of this title may not be performed by the general contractor89
but shall only be performed by a person who is duly licensed to perform such work under90
Chapter 14 of this title. The construction of all private, commercial, institutional,91
industrial, public, and other buildings and structures under contract with or engagement92
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directly by an owner shall be undertaken by a general contractor, except as otherwise93
expressly set forth in or excluded from operation of this chapter.94
(6)  An 'owner' of real property means a person or entity that has a majority ownership95
interest in the real property to be improved and for whom an improvement is made or96
who contracts with or engages, directly or through an agent, the contractor to perform the97
construction work or services.98
(7)  'Qualifying agent' means a person who possesses the requisite skill, knowledge, and99
experience and has the responsibility to supervise, direct, manage, and control all of the100
contracting activities within the State of Georgia of a contractor doing business in the101
form of a business organization, with which he or she is affiliated by employment or102
ownership; who has the responsibility to supervise, direct, manage, and control103
construction activities on any project for which he or she has obtained the building permit104
pursuant to Code Section 43-41-14; and whose technical and personal qualifications have105
been determined by investigation and examination as provided in this chapter, except as106
exempted under Code Section 43-41-8, as attested by the division.107
(8) 'Real property' means the real estate, or an interest therein, that is improved,108
including leaseholds, tenements, and easements, and improvements constructed or placed109
thereon.110
(9)  'Residential contractor' means any contractor who may contract for, undertake to111
perform, submit a bid or a proposal or otherwise offer to perform, and perform any112
activity or work as a contractor requiring licensure under this chapter for a fixed price,113
commission, fee, wage, or other compensation or who undertakes any activity or work114
on his or her own behalf or for any person or business organization that is not licensed115
as a licensed residential contractor pursuant to this chapter where such activity or work116
falls into the category of residential-basic contractor or residential-light commercial117
contractor as defined in this Code section and where the total value of the work or activity118
or of the compensation to be received by the contractor for such activity or work,119
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whichever is the higher, exceeds $2,500.00. The term 'residential contractor' shall
120
include both a residential-basic contractor and a residential-light commercial contractor,121
except where otherwise expressly stated.  The work or activity performed by a residential122
contractor may include within its scope any work requiring licensure under Chapter 14123
of this title; provided, however, that any work contractually undertaken by a residential124
contractor in the nature of electrical contracting, plumbing, conditioned air contracting, 125
low voltage contracting, or utility contracting which falls within the licensing126
requirements of Chapter 14 of this title may not be performed by the residential127
contractor but shall only be performed by a person who is duly licensed to perform such128
work under Chapter 14 of this title.129
(10)  'Residential-basic contractor' means and encompasses a person who performs130
contractor work or activity relative to detached one-family and two-family residences and131
one-family townhouses not over three stories in height and their accessory buildings and132
structures.133
(11)  'Residential-light commercial contractor' means and encompasses a person who134
performs any contractor work or activity performed by a residential-basic contractor and,135
additionally, shall include such contractor work or activity related to multifamily and136
multiuse light commercial buildings and structures, and their related accessory buildings137
and structures, which are less than four stories in height; less than 25,000 square feet in138
aggregate interior floor space, except as otherwise provided in this chapter; and are139
constructed of wood or light gauge metal frame, brick veneer, prefabricated, or140
manufactured type of construction; or are preengineered steel buildings not exceeding141
50,000 square feet of interior floor space; provided that such buildings or structures are142
not of the type of building or structure that would constitute a special hazard to property143
or to life and safety of persons as defined in subparagraphs (A), (C), (D), (E), (F), (G),144
(G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more145
stories, of paragraph (1) of subsection (b) of Code Section 25-2-13.146
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(12)  'Specialty contractor' means a contractor whose scope of work and responsibility is
147
of limited scope dealing with only a specific trade and directly related and ancillary work148
and whose performance is limited to such specialty construction work requiring special149
skill and requiring specialized building trades or crafts, including, but not limited to, such150
activities, work, or services requiring licensure under Chapter 14 of this title.151
43-41-3.152
(a)  There is created the State Licensing Board for Residential and Commercial
 General153
Contractors consisting of 15 members appointed by the Governor for five-year terms.  The154
board shall be assigned to the Secretary of State's office for administrative purposes and155
shall be under the jurisdiction of the division director and shall operate in accordance with156
and pursuant to the provisions of Chapter 1 of this title, as applicable.  The board shall be157
comprised composed of two divisions: the residential contractor division, having158
jurisdiction of and authority over the two subcategories of residential contracting,159
residential-basic contractors and residential-light commercial contractors, and the160
commercial general contractor division.  Eight members shall be appointed and serve as161
members of the residential contractor division of the board and seven members shall be162
appointed and serve as members of the commercial general contractor division of the163
board.  Members shall serve until the expiration of their respective terms and until their164
successors are appointed and qualified.  Vacancies occurring during a term shall be filled165
by appointment of the Governor for the remainder of the unexpired term and such166
replacement shall meet the requirements and criteria of selection of the person previously167
holding the vacant position.  To be eligible to serve on the respective divisions of the168
board, each contractor member shall be and licensed in the category to which the member169
is appointed and shall remain actively involved in the construction contracting business and170
shall have been so engaged for a period of not less than five consecutive years before the171
date of appointment in the particular contracting business, as a residential contractor or172
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commercial general contractor, corresponding to the division for which such person is173
appointed.  Any contractor members whose term continues after or who are appointed to174
terms commencing two years from the date that this chapter becomes effective must also175
have been licensed and certified by the respective division of the board to operate as a176
contractor in the category to which the member is appointed. The position of any177
appointive appointed member of the board who, during his or her term of appointment,178
shall cease to meet the qualifications for original appointment shall be immediately179
vacated.  No member of the board shall be appointed to serve more than two full terms.180
(b)  The residential contractor division shall consist of eight members and, except as181
otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the182
practice of the two subcategories of residential contracting, residential-basic contractors183
and residential-light commercial contractors.  Six members shall be residential contractors184
eligible for licensure licensed under this chapter; provided, however, that effective January185
1, 2008, all residential contractor members shall be required to be licensed under this186
chapter.  At least two of the residential contractor members shall be qualified to perform187
residential-light commercial type projects; three shall be qualified and shall predominantly188
perform residential-basic type projects licensed as residential-light commercial contractors;189
at least two shall be licensed as residential-basic contractors; one shall be a licensed190
residential contractor whose business predominantly involves remodeling projects; one191
shall be a licensed residential contractor who constructs at least an average of 20 residences192
per year; and all must be geographically diverse.  One member shall be a public building193
official and one member shall be a public member.  The public member shall have no ties194
with the residential construction industry and shall represent the interests of the public at195
large.  The initial member terms on the residential contractor division shall be staggered196
so that all terms do not expire simultaneously.  Three members shall serve initial terms of197
five years, three members shall serve initial terms of four years, one member shall serve198
an initial term of three years, and one member shall serve an initial term of one year. The199
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residential contractor division shall meet at least six times each year once every two200
months for the purpose of transacting such business as may properly come before it.201
(c)  The commercial general contractor division shall consist of seven members and, except202
as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over203
the practice of commercial general contracting.  Five members shall be commercial general204
contractors eligible for licensure licensed under this chapter.  Effective January 1, 2008,205
all general contractor members shall be required to be licensed under this chapter. At least206
two of the commercial general contractor members shall be small-volume builders with an207
annual contracting volume of less than $5 $10 million and all of whom must be208
geographically diverse.  One member shall be a currently licensed or registered architect209
or engineer and one member shall be a public building official. The initial member terms210
on the commercial general contractor division shall be staggered so that all terms do not211
expire simultaneously.  Three members, including at least two contractor members, shall212
serve initial terms of five years; three members, including at least two contractor members,213
shall serve initial terms of four years; and one member shall serve an initial term of three214
years. The commercial general contractor division shall meet at least six times each year215
once every two months for the purpose of transacting such business as may properly come216
before it.217
43-41-4.218
(a)  The initial members of the board shall be appointed no later than July 1, 2005.  The 219
fifteenth member of the board shall be appointed not later than July 1, 2007.  The board220
shall meet within 30 days after its appointment at a time and place to be designated by the221
Governor and organize by electing elect a chairperson and a vice chairperson, each to serve222
for a one-year term commencing on the first day of July each year.223
(b)  The office of chairperson of the board shall be rotated between the two divisions224
enumerated in this chapter, with the office of vice chairperson to be held by a member of225
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the division other than that in which the chairperson serves, unless the board, through its
226
rules and regulations, provides otherwise.  Any vacancy in the office of chairperson shall227
be filled by the members for the unexpired term.  The person selected to fill the vacancy228
shall be a member of the same division as the chairperson whose departure has created the229
vacancy.230
(c)  The board shall meet at the call of the chairperson or upon the recommendation of a231
majority of its members.  Eight members of the board, including at least three members232
from each of its divisions, shall constitute a quorum for transaction of business by the233
board.234
(d)  Each division within the board shall also elect from its membership a chairperson and235
a vice chairperson who shall each serve for a term of two years.  Any vacancy in the office236
of either the chairperson or vice chairperson shall be filled by one of the members of the237
respective division for the unexpired term.238
(e) Any member elected chairperson of a division may not serve more than two239
consecutive full terms of office.240
(f)  Each division shall carry out its powers and duties as provided for in this chapter with241
the assistance of the division director and staff of the professional licensing boards division242
of the Secretary of State's office and the officers and staff of the board.  Each division of243
the board shall operate and transact its business independently of the other division and of244
the board at large, except as required by this chapter and to the extent of common interests245
and functions, including staffing and administration.  Each division of the board shall have246
delegated from the board the power and authority to take all appropriate actions in the247
organization and administration of each respective division and the effectuation and248
implementation of the licensing and enforcement processes required under this chapter,249
subject to ultimate oversight and review by the board.250
(g)  The divisions of the board shall meet at the call of the chairperson of the division.251
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(h)  The board shall not take action on any matter specifically delegated to and under the
252
authority and control of the one of its divisions unless at least four of its members from the253
affected division are present and participating in such action or decision.254
(i)  The division director, or his or her designee, shall keep a record of the proceedings of255
the board and its respective divisions.256
43-41-5.257
(a)  The board shall meet at least twice each year for the purpose of transacting such258
business as may properly come before it and of overseeing the operation of its divisions.259
(b)  The board and its divisions shall have the power to:260
(1)  Request from the various departments, agencies, and authorities of the state and its261
political subdivisions and their agencies and authorities such available information as262
they may require in their work; and all such departments, agencies, and authorities shall263
furnish such requested available information to the board and its divisions within a264
reasonable time;265
(2)  Provide by regulation for reciprocity with other states or territories of the United266
States in the licensing of residential and commercial
 general contractors, provided that267
such other states have requirements substantially equal to the requirements in force in this268
state for registration, licensure, or certification and that any such contractor holding a269
current and valid license, certificate, or registration from another state or territory seeking270
licensure by way of reciprocity shall demonstrate that such applicant meets, in the271
discretion of the respective division, the qualifications, requirements, and criteria set forth272
in Code Section 43-41-6, other than the requirement to take and pass an examination as273
set forth in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise274
in compliance with all requirements of the State of Georgia for transaction of such275
business within this state; provided, further, that a similar privilege is offered to residents276
of this state by the other state or territory;277
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(3)  Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this
278
title;279
(4)  Adopt official seals for their use and change them at pleasure;280
(5)  Establish the policies and procedures for regulating the businesses of residential281
contracting and commercial
 general contracting and provide interpretation and guidance282
regarding the implementation and application of such policies and procedures;283
(6)  Determine qualifications for licensure or certification, including such experience284
requirements as the board deems necessary;285
(7)  Promulgate and adopt rules and regulations necessary to carry out this chapter;286
(8) Establish and define appropriate categories of commercial general contractor287
licensure based upon financial criteria; and288
(9)  Allow for inactive status pursuant to Code Section 43-1-22.289
(c)  Regarding the powers and authorities conferred by this Code section relative to the290
residential-light commercial contractor subcategory of the residential contractor291
classification under this chapter, due to the characteristics of such subcategory, such292
powers and authorities shall be delegated to and conferred upon, in the first instance, a293
combined and overlapping subdivision comprising four members of both of the divisions,294
two of whom shall be the residential-light commercial qualified members of the residential295
contractor division and two of whom shall be the small volume qualified members of the296
commercial general contractor division, with neither division having sole oversight and297
control of such powers and authorities.  The chairperson of such combined subdivision298
shall be rotated annually between the chairperson of the residential contractor division and299
the chairperson of the commercial general contractor division, with the residential300
contractor chairperson initially serving as chairperson.  The combined subdivision shall301
meet at the call of such chairperson.  However, regarding the actual issuance of licenses302
under this chapter for residential-light commercial contracting and any powers and303
authorities relative to administration, oversight, control, or disciplinary action of persons304
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issued such licenses, pursuant to Code Sections 43-41-10, 43-41-11, 43-41-13, 43-41-15,
305
and 43-41-16, the residential contractor division shall have full power and authority.  Any306
determinations made or actions taken by this subdivision shall be subject to the ultimate307
review, oversight, control, power, and authority of the board.308
(d)(1) The division director is authorized to make, or cause to be made through309
employees or contract agents of the board, such investigations as he or she or the board310
may deem necessary or proper for the enforcement of the provisions of this chapter.  Any311
person properly conducting an investigation on behalf of the board shall have access to312
and may examine any writing, document, or other material relating to the fitness of any313
licensee or applicant.  The division director or his or her appointed representative may314
issue subpoenas to compel such access upon a determination that reasonable grounds315
exist for the belief that a violation of this chapter or any other law relating to the practice316
of residential or commercial
 general contracting may have taken place.317
(2)  The results of all investigations initiated by the board shall be reported solely to the318
board, and the records of such investigations shall be kept for the board by the division319
director, with the board retaining the right to have access at any time to such records.  No320
part of any such records shall be released, except to the board, for any purpose other than321
a hearing before the board, nor shall such records be subject to subpoena; provided,322
however, that the board shall be authorized to release such records to another323
enforcement agency or lawful licensing authority.324
(3)  The board shall have the authority to exclude all persons during its deliberations on325
disciplinary proceedings and to discuss any disciplinary matter in private with a licensee326
or applicant and the legal counsel of that licensee or applicant.327
(e)  A person, firm, corporation, association, authority, or other entity shall be immune328
from civil and criminal liability for reporting or investigating the acts or omissions of a329
licensee or applicant which violate the provisions of this chapter or any other provision of330
law relating to a licensee's or applicant's fitness to practice as a licensed residential or331
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commercial general contractor or for initiating or conducting proceedings against such332
licensee or applicant, if such report is made or action is taken in good faith, without fraud333
or malice.334
(f)  The denial of a license on grounds other than those enumerated in this chapter, the335
issuance of a private reprimand, the denial of a license by reciprocity, the denial of a336
request for reinstatement of a revoked license, or the refusal to issue a previously denied337
license shall not be considered to be a contested case within the meaning of Chapter 13 of338
Title 50, the 'Georgia Administrative Procedure Act.'  Notice and hearing within the339
meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall340
be allowed to appear before the appropriate division if he or she so requests.341
(g)  If any licensee or applicant fails to appear at any hearing after reasonable notice, the342
board may proceed to hear the evidence against such licensee or applicant and take action343
as if such licensee or applicant had been present. A notice of hearing, initial or344
recommended decision, or final decision of the board in a disciplinary proceeding shall be345
served upon the licensee or applicant by certified mail or statutory overnight delivery,346
return receipt requested, to the last known address of record with the board.  If such347
material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the348
licensee or applicant cannot, after diligent effort, be located, the division director shall be349
deemed to be the agent for service for such licensee or applicant for purposes of this Code350
section, and service upon the division director shall be deemed to be service upon the351
licensee or applicant.352
(h)  The voluntary surrender of a license shall have the same effect as a revocation of the353
license, subject to reinstatement in the discretion of the board.354
(i)  This Code section shall apply equally to all licensees or applicants whether individuals,355
partners, or members of any other incorporated or unincorporated associations,356
corporations, business organizations, or other associations of any kind whatsoever.357
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(j)  All subpoenas issued pursuant to the authority granted in this chapter shall be subject
358
to the general rules of law with respect to distance, tender of fees and expenses, and359
protective orders; and any motion made with respect thereto shall be made to and passed360
on by a judge of the superior court of the county of residence of the person to whom the361
subpoena is directed.362
43-41-6.363
(a)  Anyone seeking to be licensed as a residential contractor or as a commercial
 general364
contractor in this state shall file an application on a form provided by the residential365
contractor or commercial general contractor division, respectively, accompanied by an366
application fee as provided by the board.  Such an application may be submitted either by:367
(1)  An individual person seeking issuance of a license in his or her own name for368
purposes of engaging in the profession of residential or commercial general contracting369
in his or her own name or doing business as an individual in a trade name as a sole370
proprietorship; or371
(2)  An individual person affiliated by ownership or employment with and acting as a372
qualifying agent for a business organization seeking to engage in the profession of373
residential or commercial general contracting in the name of the business organization374
in accordance with and pursuant to Code Section 43-41-9.375
Additionally, all applicants must submit to and successfully pass an examination prepared376
by, prepared for, or approved by the appropriate division, except where an applicant is377
otherwise qualified for licensure and has satisfied the appropriate division requirements and378
regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from379
the examination requirement or where the applicant is an individual acting as a qualifying380
agent for a business organization and has previously obtained and maintained continuously381
a license issued by the appropriate division, either as an individual doing business in his382
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or her own name or doing business as an individual in a trade name as a sole proprietor or
383
as a qualifying agent for another business organization.384
(b) A person shall be eligible for licensure as a residential-basic contractor by the385
residential contractor division if the person:386
(1)  Is at least 21 years of age;387
(2)  Is of a good character and is otherwise qualified as to competency, ability, and
388
integrity, and financial responsibility;389
(3)  Has at least two years of proven experience working as or in the employment of a390
residential contractor, predominantly in the residential-basic category, or other proven391
experience deemed substantially similar by the division; and392
(4)  Has had significant responsibility for the successful performance and completion of393
at least two projects falling within the residential-basic category in the two years394
immediately preceding application.395
(c)  A person shall be eligible for licensure as a residential-light commercial contractor by396
the residential-light commercial subdivision if the person:397
(1)  Is at least 21 years of age;398
(2)  Is of a good character and is otherwise qualified as to competency, ability, and399
integrity, and financial responsibility;400
(3)  Meets eligibility requirements according to one of the following criteria:401
(A)  Has received a baccalaureate degree from an accredited four-year college or402
university in the field of engineering, architecture, construction management, building403
construction, or other field acceptable to the division and has at least one year of proven404
experience working as or in the employment of a residential contractor, commercial405
general contractor, or other proven experience deemed substantially similar by the406
division;407
(B) Has a combination acceptable to the division of academic credits from any408
accredited college-level courses and proven practical experience working as or in the409
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employment of a residential contractor, commercial general contractor, or other proven410
experience deemed substantially similar by the division equaling at least four years in411
the aggregate.  For purposes of this subparagraph, all university, college, junior college,412
or community college-level courses shall be considered accredited college-level413
courses; or414
(C) Has a total of at least four years of proven active experience working in a415
construction industry related field, at least two of which shall have been as or in the416
employment of a residential contractor, or other proven experience deemed acceptable417
by the division; and418
(4)  Has had significant responsibility for the successful performance and completion of419
at least two projects falling within the residence-light commercial category in the four420
years immediately preceding application.421
(d)  A person shall be eligible for licensure as a commercial general contractor by the422
commercial general contractor division if the person:423
(1)  Is at least 21 years of age;424
(2)  Is of a good character and is otherwise qualified as to competency, ability, integrity,425
and financial responsibility; and426
(3)  Meets eligibility requirements according to one of the following criteria:427
(A)  Has received a baccalaureate degree from an accredited four-year college or428
university in the field of engineering, architecture, construction management, building429
construction, or other field acceptable to the division and has at least one year of proven430
experience working as or in the employment of a commercial general contractor or431
other proven experience deemed substantially similar by the division;432
(B) Has a combination acceptable to the division of academic credits from any433
accredited college-level courses and proven practical experience working as or in the434
employment of a commercial general contractor or other proven experience deemed435
substantially similar by the division equaling at least four years in the aggregate.  For436
S. B. 503
- 17 - 24 LC 36 5753
purposes of this subparagraph, all university, college, junior college, or community
437
college-level courses shall be considered accredited college-level courses; or438
(C) Has a total of at least four years of proven active experience working in a439
construction industry related field, at least two of which shall have been as or in the440
employment of a commercial
 general contractor, or other proven experience deemed441
acceptable by the division and at least one of which shall have been in or relating to442
administration, marketing, accounting, estimating, drafting, engineering, supervision,443
or project management, or functions deemed substantially similar by the division.444
(e)(1) Before being entitled to take an examination or otherwise qualify for issuance of445
a license, an applicant must show to the satisfaction of the residential contractor division446
or commercial general contractor division from the application and proofs furnished that447
the applicant is possessed of a good character and is otherwise qualified as to448
competency, ability, and integrity, and financial responsibility.  The application shall449
include a list of all persons, entities, and business organizations that the applicant will be450
affiliated with as a licensed residential contractor or commercial general contractor,451
whether by way of employment, ownership, serving as an owner or director, partnership,452
or membership or by serving as a qualifying agent under this chapter.  Applicants for a453
general contractor license shall provide proof of a minimum net worth in an amount454
which is specified by the general contractor division.  Additionally, all applicants shall455
provide proof of general liability insurance and of workers' compensation insurance as456
required by the laws of this state in their name.  However, if and to the extent the457
applicant is submitted as a person seeking to act as a qualifying agent of a particular458
business organization, such proofs and information shall relate and pertain to such459
business organization rather than the individual applicant, subject to the limitations set460
forth in subsection (d) of Code Section 43-41-9. All applicants shall also provide their461
social security numbers, if applying as an individual, or the federal taxpayer identification462
numbers of any business organization for which the applicant is seeking licensure as a463
S. B. 503
- 18 - 24 LC 36 5753
qualifying agent.  Applicants for a commercial general contractor's license shall also464
provide suitable verification of tax payments in a form and manner and for the duration465
prescribed by the commercial general contractor division; provided, however, that where466
the application is seeking license as a qualifying agent of a business organization, such467
tax verification and information shall relate and pertain to that business organization.468
(2)  Before qualifying for issuance of a license, but not before being entitled to take an469
examination, an applicant must show to the satisfaction of the appropriate division that470
the applicant is qualified as to financial responsibility. Applicants for a commercial471
general contractor license shall provide proof of a minimum net worth in an amount472
specified by the commercial general contractor division. All applicants shall provide473
proof of general liability insurance in an amount specified by the appropriate division and474
proof of workers' compensation insurance as required by the laws of this state. If the475
applicant is submitted as a person seeking to act as a qualifying agent of a business476
organization, then such proof shall pertain to that business organization rather than the477
individual applicant, subject to the limitations set forth in Code Section 43-41-9. A478
certificate by the insurer or other appropriate evidence of insurance coverages shall be479
maintained with the appropriate division and shall be a condition of renewal.480
(3) The decision of the appropriate division as to the qualifications of applicants shall,481
in the absence of fraud or willful or wanton misconduct, be conclusive.  A certificate by482
the insurer or other appropriate evidence of such coverages shall be maintained with the483
appropriate division and shall be a condition of renewal.484
(4) A licensee, on his or her own behalf or where acting as a qualifying agent on behalf485
of the business organization so qualified, must notify the appropriate division in writing486
within 30 days of any changes in the information required to be on file with such487
division, including, but not limited to, the licensee's and, if the licensee is acting as a488
qualifying agent for any business organization, such business organization's current489
mailing address, insurance coverages, and affiliated entities.490
S. B. 503
- 19 - 24 LC 36 5753
(f)(1)  The residential contractor division and the commercial general contractor division491
shall each conduct or cause to be conducted an examination of all qualified applicants,492
except those exempted from the examination requirement pursuant to Code Section493
43-41-8.494
(2)  The residential contractor division shall conduct or cause to be conducted separate495
examinations for applicants for residential-basic and residential-light commercial licenses496
for the purpose of determining a particular applicant's ability to make a practical497
application of his or her knowledge of the profession of residential contracting in the498
particular subcategory for which a license is sought; the applicant's qualifications in499
reading plans and specifications; his or her knowledge of building codes, estimating500
costs, construction, ethics, contracting, and other similar matters pertaining to such501
residential contracting business; his or her knowledge as to the responsibilities of a502
residential contractor to the public and to owners, subcontractors, and suppliers;  and his503
or her knowledge of the requirements of the laws of this state relating to residential-basic504
and residential-light-commercial contractors, construction, workers' compensation,505
insurance, and liens.506
(3)  The commercial general contractor division shall conduct or cause to be conducted507
an examination to ascertain the particular applicant's ability to make a practical508
application of his or her knowledge of the profession of commercial general contracting;509
the applicant's qualifications in reading plans and specifications; his or her knowledge of510
building codes, estimating costs, construction, ethics, contracting, and other similar511
matters pertaining to the general contracting business; his or her knowledge as to the512
responsibilities of a general contractor to the public and to owners, subcontractors, and513
suppliers; and his or her knowledge of the requirements of the laws of this state relating514
to general contractors, construction, workers' compensation, insurance, surety bonding,515
and liens.516
S. B. 503
- 20 - 24 LC 36 5753
(4) If the results of the applicant's examination are satisfactory to the appropriate
517
division, or he or she is exempted from the examination requirement under Code Section518
43-41-8, and if he or she and any affiliated business organization has met the other519
qualifications and requirements set forth in this Code section, then the appropriate520
division shall issue to the applicant a license to engage in business as a residential or521
commercial
 general contractor in this state, as provided in such license, in his or her own522
name as a sole proprietor or as a qualifying agent for the affiliated business organization523
and in the name of such business organization, pursuant to and in accordance with the524
requirements set forth in Code Section 43-41-9.  A residential contracting license shall525
indicate for which of the two subcategories, residential-basic or residential-light526
commercial, the licensee is qualified.527
(g)  Any otherwise qualified applicant failing this examination may be reexamined at any528
regularly scheduled examination within one year of the date of original application upon529
payment of a reexamination fee, in an amount to be set by the board, without need to530
resubmit an application, unless any information set forth in the previously submitted531
application is no longer accurate or complete.  Anyone requesting to take the examination532
a third fourth or subsequent time shall wait at least one calendar year after the taking of the533
last examination date of original application and shall submit an application with the534
appropriate examination fees.535
(h)  A residential contractor license, indicating whether relating to the residential-basic or536
residential-light commercial category, or commercial general contractor license shall be537
issued to an applicant who successfully completes the respective requirements therefor538
upon the payment of fees prescribed by the board.539
(i)  Such licenses shall be renewable biennially.  Licenses may be renewed subsequent to540
their expiration within six months of the date of expiration by submitting a renewal as541
prescribed by the board and paying a late renewal fee as determined by the board.  After542
S. B. 503
- 21 - 24 LC 36 5753
six months has elapsed from the date of expiration, such license may be reinstated in
543
accordance with the rules and regulations of the board.544
(j)  The division director shall give advance notice to each person holding a license under545
this chapter of the date of the expiration of the certificate of registration and the amount of546
the fee required for renewal at least one month prior to the expiration date, but the failure547
to receive such notice shall not avoid the expiration of any license not renewed in548
accordance with this Code section.549
(k)  As a condition of renewal, the appropriate division may require licensees to complete550
division approved continuing education of not more than three hours annually for a551
residential-basic license, six hours annually for a residential-light commercial license, and552
eight hours annually for a commercial
 general contractor license.553
43-41-7.554
A licensed residential contractor and any affiliated entities shall offer a written warranty555
in connection with each contract to construct, or superintend or manage the construction556
of, any single-family residence where the total value of the work or activity or the557
compensation to be received by the contractor for such activity or work exceeds $2,500.00. 558
The residential contractor division shall establish the minimum requirements of such559
warranty.  The parties to the warranty may agree to submit any or all disputes arising under560
the warranty to arbitration.  Such agreement to arbitrate shall be enforceable as provided561
in Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.'562
43-41-8.563
(a)  Notwithstanding any other provision of this chapter to the contrary, the following564
persons desiring to qualify for a residential contractor license or a commercial general565
contractor license under the provisions of this chapter, either individually or as a qualifying566
agent, shall be eligible for issuance of such a license by the appropriate division without567
S. B. 503
- 22 - 24 LC 36 5753
examination, provided that such person submits a proper application and proofs, pays or
568
has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for569
licensure, and is not otherwise in violation of this chapter:570
(1)  Any person who holds a current and valid license to engage in the comparable
571
category of residential or general contracting issued to him or her by any governing572
authority of any political subdivision of this state which requires passing an examination573
which is substantially similar to the state examination for residential or general574
contractors, provided that such person is a Georgia resident and citizen, if an individual575
applying in his or her own  behalf, or is seeking licensure as a qualifying agent for a576
business organization incorporated in Georgia or otherwise authorized and certified to577
transact business in Georgia with a regular office and place of business in Georgia578
currently and having had such office and place of business continuously for the five years579
immediately preceding such application; provided, further, that the examination results580
are made available to the appropriate division. Such application and request for581
exemption must be submitted within the time limits set forth in subsection (a) of Code582
Section 43-41-17;583
(2)  Any person who has successfully and efficiently engaged in the comparable category584
of residential or general contracting in this state as provided in this Code section;585
provided, however, that such person shall be either a resident and citizen of the State of586
Georgia or, if applying as a qualifying agent for a business organization, such business587
organization shall be either incorporated in Georgia or is a business organization588
otherwise authorized and certified to transact business in Georgia with a regular office589
and place of business in Georgia currently and having had such office and place of590
business continuously for the five years immediately preceding such application;591
provided, further, that such application and request for exemption is submitted within the592
time limits set forth in subsection (a) of Code Section 43-41-17.  To prove that he or she593
has successfully engaged in residential-basic or residential-light commercial projects, the594
S. B. 503
- 23 - 24 LC 36 5753
person shall be required to give evidence of three successful projects located in Georgia595
which were successfully completed over the period of five years immediately prior to the596
time of application; evidence of ten successfully completed residential-basic or597
residential-light commercial projects located in Georgia over the period of ten years598
immediately prior to the time of application; or evidence that he or she has participated599
in or been engaged in residential-basic or residential-light commercial construction in a600
supervisory or management capacity for seven of the ten years immediately prior to the601
time of application.  To prove that he or she has successfully engaged in commercial602
general contracting, the person submitting the application shall be required to give603
evidence of five successful general contracting projects located in Georgia which were604
successfully completed over the period of five years immediately prior to the time of605
application or evidence of ten successful general contracting projects located in Georgia606
which were successfully completed over the period of ten years immediately prior to the607
time of application, such projects having been performed either by such person acting as608
an individual or by a business organization in which such individual person was affiliated609
by employment or ownership and over which such person had general oversight and610
management responsibilities;611
(3)(1) Any person who holds a current and valid license to practice a comparable612
category of residential or commercial general contracting issued by another state or613
territory of the United States, where either such state or territory has entered into a614
reciprocal agreement with the board and divisions for the recognition of contractor615
licenses issued in that state or territory, or such application is pursuant to and in616
accordance with the regulations and requirements for reciprocity promulgated by the617
divisions in accordance with subsection (b) of Code Section 43-41-5.  Additionally, such618
application shall meet the following requirements:619
S. B. 503
- 24 - 24 LC 36 5753
(A)  The criteria for issuance of such license or certification by such other state or
620
territory, including the requirement to successfully complete an examination, were621
substantially equivalent to Georgia's current license criteria;622
(B)  The application requirements and application form submitted to the other state or623
territory upon which such license was issued are available for review by the appropriate624
division and the examination results are made available to the appropriate division;625
(C) The applicant shall demonstrate that he or she meets the qualifications,626
requirements, and criteria set forth in subsections (a), (b), (c), and (d)
 through (e) of627
Code Section 43-41-6; and628
(D)  The applicant is otherwise in compliance with all requirements of this state for629
transaction of such business within this state; provided, however, that such application630
and request for exemption shall be submitted in accordance with subsection (a) of Code631
Section 43-41-17; and632
(4)(2) Any person who holds a current and valid license issued under this chapter to633
engage in the comparable category of residential or commercial general contracting634
which license was issued to him or her in their capacity either as an individual licensee635
or as a qualifying agent for a business organization.636
(b)  Any applicant for issuance of a residential contractor or commercial general contractor637
license under this title who shall seek exemption from the examination requirement under638
this Code section, on any basis set forth above, shall have the burden of establishing to the639
satisfaction and within the discretion of the appropriate division that the requirements for640
such exemption have been satisfied.  The decision of such division as to the satisfaction of641
the requirements for such exemption from taking the examination shall, in the absence of642
fraud, be conclusive.643
(c)  Any business organization that had an applicant submit a complete and satisfactory644
application pursuant to this Code section, but was not issued a license due to the death of645
the qualifying agent applicant prior to the issuance of the license, shall remain eligible for646
S. B. 503
- 25 - 24 LC 36 5753
consideration under this Code section with the submission of a new qualifying agent
647
applicant for such business entity.648
43-41-9.649
(a)  If an individual applicant proposes to engage in residential or commercial
 general650
contracting in the individual's own name or a trade name where the individual is doing651
business as a sole proprietorship, the license shall be issued only to that individual.  Where652
an applicant under this chapter is seeking issuance of a residential or commercial general653
contractor license on behalf and for the benefit of a business organization seeking to654
engage in residential or commercial general contracting as a business organization, the655
application for a license under this chapter must be submitted by and through an individual656
qualifying agent for such business organization or entity and expressly on behalf of such657
business organization or entity.  In such case, the license shall be issued to the individual658
qualifying agent and to the affiliated business organization or entity on whose behalf the659
application was made.  It shall be unlawful for any person, firm, corporation, or association660
to operate a business organization or entity engaged in the business of residential or661
commercial general contracting without first obtaining a license from the appropriate662
division after the effective date of the licensing requirements as specified in subsection (a)663
of Code Section 43-41-17.  The appropriate division shall not issue a license to any664
business organization or entity to engage in residential or commercial general contracting665
unless such business organization or entity employs at least one currently licensed666
individual residential or commercial general contractor serving as its qualifying agent who667
is actually engaged by ownership or employment in the practice of residential or668
commercial general contracting for such business organization or entity and provides669
adequate supervision and is responsible for the projects of such business organization or670
entity.  A business organization may allow more than one person to act as a qualifying671
agent for such organization, subject to each such individual qualifying agent having672
S. B. 503
- 26 - 24 LC 36 5753
successfully satisfied the requirements for issuance of a license under this chapter and
673
having obtained issuance of such a license by the appropriate division.  Each such business674
organization shall have at least one qualifying agent in order to be considered authorized675
to engage in such contracting business.676
(b)  The application for a license by a qualifying agent must include an affidavit on a form677
provided by the board attesting that the individual applicant has final approval authority678
for all construction work performed by the business organization or entity within the State679
of Georgia and that the individual applicant has final approval authority on all construction680
matters, including contracts and contract performance and financial affairs related to such681
construction matters, for each construction job for which his or her license was used to682
obtain the building permit.683
(c)  A joint venture is considered a separate and distinct organization for licensing purposes684
under this chapter and must be qualified and licensed in accordance with the appropriate685
division's rules and regulations either:686
(1)  In its own name as a separate business organization; or687
(2)  By each of the members of the joint venture doing business as a residential contractor688
or commercial
 general contractor holding, as an individual or as a business organization689
acting through its qualifying agent, a valid and current residential or commercial general690
contractor's license issued by the appropriate division.  Each such licensed individual or691
qualifying agent shall be considered a qualifying agent of such joint venture.692
(d)  If, during the period encompassed by a license issued to a qualifying agent acting for693
and on behalf of an affiliated business organization, there is a change in any information694
that is required to be stated on the application, the business organization shall, within 45695
days after such change occurs, furnish the correct information to the appropriate division.696
(e)(1)  At least one qualifying agent shall be licensed under this chapter in order for the697
business organization to obtain a license as a residential or commercial general698
contractor. If any qualifying agent ceases to be affiliated with such business699
S. B. 503
- 27 - 24 LC 36 5753
organization, for any reason, he or she shall so inform the division having jurisdiction. 
700
In addition, if such qualifying agent is the only qualifying agent licensed hereunder701
affiliated with the business organization, the business organization shall promptly notify702
the appropriate division of the termination of the relationship with that qualifying agent703
and shall have 120
 180 days from the termination of the qualifying agent's affiliation with704
the business organization to employ another qualifying agent and submit an application705
for licensure under the new qualifying agent.  The submission of such application shall706
serve to maintain the licensed status of the business organization pending and subject to707
approval of such application by the appropriate division; provided that, should such708
application be denied by that division, then, after the later of the passage of the 120 180709
day period or the denial of the application, the business organization shall cease to be710
considered licensed as a residential or a commercial general contractor unless and until711
a new application is submitted and approved by the appropriate division. In such712
circumstance, the affected business organization may not thereafter engage in residential713
or commercial general contracting until a new qualifying agent is employed; provided,714
however, that, unless the appropriate division has granted shall grant a temporary715
nonrenewable license to the financially responsible officer, the president or chief716
executive officer, a partner, or, in the case of a limited partnership, the general partner,717
who thereafter shall assume all responsibilities of a qualifying agent for the business718
organization or entity.  This temporary license shall only allow the entity to proceed with719
incomplete contracts already in progress. For the purposes of this paragraph, an720
incomplete contract is one which has been awarded to, or entered into by, the business721
organization prior to the cessation of affiliation of the qualifying agent with the business722
organization being considered licensed as a residential or a commercial general contractor723
or one on which the business organization was the low bidder and the contract is724
subsequently awarded, regardless of whether any actual work has commenced under the725
contract prior to the qualifying agent business organization ceasing to be affiliated with726
S. B. 503
- 28 - 24 LC 36 5753
the business organization considered licensed as a residential or a commercial general727
contractor.728
(2)  A person licensed under this chapter either as an individual doing business in his or729
her name or doing business in a trade name as a sole proprietor may serve as a qualifying730
agent for a business organization upon application and demonstration of satisfaction by731
such business organization of all financial and insurance requirements pursuant to Code732
Section 43-41-6.  A qualifying agent may serve in such capacity for more than one733
business organization, provided that he or she shall satisfy the criteria for serving in such734
capacity with regard to each such business organization.  A qualifying agent shall inform735
the division having jurisdiction in writing when he or she proposes to engage in736
contracting in his or her own name or in affiliation as a qualifying agent with another737
business organization, and he or she or such new business organization shall supply the738
same information to the division as required of applicants under this chapter.  Such739
person shall be deemed to be a licensed residential or commercial general contractor for740
the original term of his or her license for the purpose of engaging in contracting as an741
individual in his or her own name, provided that he or she qualified for such license based742
on his or her own personal qualifications as to financial responsibility and insurance. 743
Otherwise, such individual shall be required to submit a new application demonstrating744
satisfaction of such financial and insurance requirements in order to engage in the745
business of contracting under this chapter as an individual in his or her own name or746
doing business as an individual in a trade name as a sole proprietor or by the business747
organization he or she desires to qualify in order to obtain a license for such other748
business organization, but such person shall be entitled to continue engaging in the749
business of residential or commercial general contracting in accordance with and under750
his or her previously issued license unless and until the appropriate division determines751
that the person seeking issuance of the license no longer meets these requirements.752
S. B. 503
- 29 - 24 LC 36 5753
(3) Upon a favorable determination by the division having jurisdiction, after
753
investigation of the financial responsibility, if applicable, and insurance of the applicant,754
the division shall notify the applicant, whether the applicant was previously approved as755
an individual or a qualifying agent, that the applicant is approved, without an756
examination, for a new license.757
(f)  Disciplinary action and other sanctions provided in this chapter may be administered758
against a business organization operating under a license issued through its licensed759
qualifying agent or agents in the same manner and on the same grounds as disciplinary760
actions or sanctions against an individual or license holder acting as its qualifying agent761
under this chapter.  The divisions or the board may deny the license to a qualifying agent762
for any business organization if the qualifying agent or business organization has been763
involved in past disciplinary actions or on any grounds for which individual licenses can764
be denied.765
(g)  Each qualifying agent shall pay the appropriate division an amount equal to the original766
fee for a license applied for on behalf of a new business organization.  If the qualifying767
agent for a business organization desires to qualify additional business organizations, the768
division shall require him or her to present evidence of the financial responsibility, if769
applicable, and insurance of each such organization.770
(h)  All qualifying agents for a business organization are jointly and equally responsible for771
supervision of all construction related operations of the business organization, for all field772
work at all sites, and for financial matters within the State of Georgia for each construction773
job for which his or her license was used to obtain the building permit.774
(i)  Any change in the status of a qualifying agent is prospective only.  A qualifying agent775
shall for purposes of application of this chapter and the enforcement and disciplinary776
mechanisms thereunder be and remain responsible for his or her actions or omissions as777
well as those of the business organization for which such person had acted as a qualifying778
agent occurring during his or her period of service as such qualifying agent as and to the779
S. B. 503
- 30 - 24 LC 36 5753
extent set forth in this chapter.  A qualifying agent is not responsible for his or her
780
predecessor's actions, but is responsible, even after a change in status, for matters for which781
he or she was responsible while in a particular status.  Further, nothing in this chapter shall782
be interpreted as a basis for imposition of civil liability against an individual qualifying783
agent by any owner or other third party claimant beyond the liability that would otherwise784
exist legally or contractually apart from and independent of the individual's status as a785
qualifying agent.786
43-41-10.787
(a)  In addition to the powers and authorities conferred upon the board and its divisions788
pursuant to Chapter 1 of this title, the residential contractor division and the commercial
789
general contractor division shall have the power, respectively, to reprimand any person or790
licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license to any person791
or licensee if such person or licensee is found by the appropriate division to have engaged792
in any fraud or deceit in obtaining a license or otherwise to have engaged in gross793
negligence, repeated or persistent incompetence, intentional misconduct in the practice of794
his or her profession, or willful violation of any provisions of this chapter.795
(b)  For purposes of this Code section, a person or business organization operating on an796
expired, revoked, lapsed, or suspended license shall be considered unlicensed.797
(c)  The separate divisions may issue a stop-work order for all unlicensed work falling798
within their respective jurisdictions upon finding probable cause to believe that799
construction work which requires a license under this chapter is being performed by a800
person without such a current, valid license.  Such an order may be enforced by injunctive801
relief, cease and desist orders, or other related actions within the power and authority of the802
board and its respective divisions.803
(d)  The division having jurisdiction shall investigate and sanction any license holder found804
to have engaged in fraud, deceit, gross negligence, repeated or persistent incompetence, or805
S. B. 503
- 31 - 24 LC 36 5753
intentional misconduct in the practice of residential or commercial general contracting; and806
sanctions shall be assessed against any such residential or commercial general contractor807
licensed under this chapter either individually or as a business organization acting through808
a qualifying agent.  Such charges, unless dismissed without hearing by the division as809
unfounded, shall be heard and determined by that division in accordance with the810
provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'811
(e) The divisions shall each adopt and publish in print or electronically rules and812
regulations, consistent with the provisions of this chapter, governing the suspension and813
revocation of licenses.814
(f)  Each division may reissue a license to any person whose license has been revoked or815
lift a suspension of a license to such person provided that four or more members of the816
division vote in favor of such reissuance or lifting for reasons that division deems817
sufficient.818
43-41-11.819
The issuance of a license by the residential contractor or the commercial general contractor820
division shall be evidence that the person named therein, including both the individual821
licensee and any business organization for whom such licensee is a qualifying agent, is822
entitled to all the rights and privileges of a licensed residential or commercial general823
contractor while such license remains unrevoked or unexpired.824
43-41-12.825
(a)  Any person, whether an individual or a business organization, who:826
(1)  Contracts for or bids upon or engages in the construction of any of the projects or827
works enumerated in the definitions of residential contractor or commercial general828
contractor in Code Section 43-41-2 without having first complied with the appropriate829
S. B. 503
- 32 - 24 LC 36 5753
provisions of this chapter or who shall attempt to practice residential contracting or
830
commercial
 general contracting in this state except as provided for in this chapter;831
(2)  Falsely represents, advertises, or holds himself or herself or an affiliated business832
organization out as a residential contractor or commercial general contractor licensee833
duly authorized to perform work under such classification of licensure pursuant to this834
chapter;835
(3)  Represents or attempts to use or presents as his or her own the license of another836
person or, in the case of a business organization, a person other than its qualifying agent;837
(4)  Gives false or forged evidence of any kind to the board or its divisions or to any838
member of the board in maintaining a license;839
(5)  Uses an expired, suspended, or revoked license to continue engaging in residential840
contracting or commercial general contracting;841
(6)  Operates a business organization engaged in contracting after 120 180 days following842
the termination of its only qualifying agent without designating another primary843
qualifying agent, except as provided in Code Section 43-41-9; or844
(7)  Intentionally and repeatedly misrepresents or manipulates the value or percentage of845
work at the time of contract under subsections (e) and (f) of Code Section 43-41-17 to846
avoid the licensing requirements of this chapter,847
shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such848
offense by a fine of not less than $500.00 $1,000.00 or imprisonment of three months, or849
both fine and imprisonment in the discretion of the court.850
(b)  Any architect or engineer who recommends to any project owner the award of a851
contract to anyone known by such architect or engineer not to be properly licensed under852
this chapter shall be subject to such penalties as provided in subsection (a) of this Code853
section and also to any appropriate disciplinary action by the appropriate division.854
(c)  Except as otherwise provided in this Code section, any person who violates any855
provision of this chapter shall be guilty of a misdemeanor.856
S. B. 503
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43-41-13.
857
Whenever it appears to the board or either division of the board that any person, whether858
an individual or a business organization, or both, is violating any of the provisions of this859
chapter or of the rules and regulations of the board or either division promulgated under860
this chapter, the board or division may apply to the superior court of the county in which861
such individual resides or business is located for a restraining order and injunction to862
restrain the violation, and the superior court shall have jurisdiction to grant the requested863
relief, irrespective of whether criminal prosecution has been instituted or administrative864
sanctions have been imposed by reason of the violation.865
43-41-14.866
(a)(1)
  Any person, whether an individual or a business organization acting through a867
qualifying agent, intending to perform work as a residential or commercial general868
contractor, upon making application to the building inspector or such other authority of869
any incorporated  municipality or county in this state charged with the duty of issuing870
building or other permits for contemplated construction work requiring performance by871
either a licensed residential contractor or a licensed commercial general contractor shall,872
before being entitled to the issuance of such permit, furnish to such inspector or authority,873
personally or through his or her authorized agent specifically designated to act on his or874
her behalf in a sworn written document submitted contemporaneously or previously875
submitted and maintained by such inspector or authority, his or her residential contractor876
or commercial general contractor license number and the identity of any business877
organization for which such applicant is serving as qualifying agent that is undertaking878
or contracting as a residential contractor or a commercial general contractor to construct879
or manage the construction.  It shall be unlawful for any such building inspector or other880
authority to issue or allow the issuance of such building permit unless the applicant has881
furnished his or her residential contractor or commercial general contractor license882
S. B. 503
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number and the identity of any such business organization relative to performance of the
883
work for which a permit has been applied.  A building inspector or other authority shall884
issue such building permit under the terms of this Code section to any person, including885
an individual licensee acting on his or her own behalf or a licensee acting as a qualifying886
agent for a business organization and such business organization, upon evidence887
reasonably establishing that such person is duly licensed as a residential or commercial
888
general contractor under this chapter, either individually or as a business organization889
acting under a duly licensed qualifying agent.  Any building inspector or other such890
authority that issues such a building permit to a person known by such building inspector891
or authority not to be properly licensed under this chapter shall be guilty of a892
misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00893
$1,000.00.894
(2)  Any business organization acting under paragraph (1) of subsection (e) of Code895
Section 43-41-9 after the termination of its qualifying agent's affiliation with the business896
organization, upon applying to the building inspector or such other authority of any897
incorporated municipality or county in this state charged with the duty of issuing permits898
for contemplated construction work requiring performance by a licensed residential or899
commercial general contractor shall, before being entitled to the issuance of such permit,900
furnish to such inspector or authority a sworn written document by the financially901
responsible officer, the president or chief executive officer, the partner, or, in the case of902
a limited partnership, the general partner, who has assumed all responsibilities of a903
qualifying agent for the business organization, attesting that the permit application is904
made within 180 days after the termination of its qualifying agent's affiliation with the905
business organization, or is made after submission of an application for licensure under906
a new qualifying agent that is pending before the appropriate division of the board, or is907
made under a temporary nonrenewable license granted by the appropriate division of the908
board.  It shall be unlawful for any such building inspector or other authority to issue or909
S. B. 503
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allow the issuance of such building permit unless the applicant has furnished this sworn910
written document.  A building inspector or other authority shall issue such building911
permit under the terms of this Code section to any business organization upon evidence912
reasonably establishing that such business organization is acting as authorized under913
paragraph (1) of subsection (e) of Code Section 43-41-9 after the termination of its914
qualifying agent's affiliation with the business organization.  Any building inspector or915
other such authority that issues such a building permit to a person known by such916
building inspector or authority not to be acting as authorized under paragraph (1) of917
subsection (e) of Code Section 43-41-9 shall be guilty of a misdemeanor and, upon918
conviction, shall be subject to a fine of not more than $1,000.00.919
(b)  The licensing requirements imposed by this chapter and the effective dates of such920
licensing requirements must be posted by any county or municipality in this state charged921
with the duty of issuing building or other permits for construction work requiring922
performance by either a licensed residential contractor or a licensed commercial general923
contractor in the same location in which such building or other permits are issued.924
43-41-15.925
If an incomplete contract exists at the time of death of a residential or commercial general926
contractor, where the licensed contractor performing the work under such contract is an927
individual person and not a business organization acting through a qualifying agent for928
such organization, the contract may be completed by any person affiliated with the929
contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even930
though not licensed under this chapter, subject to the terms of this Code section.  Such931
person shall notify the appropriate division of the board within 30 days after the death of932
such contractor of such death and of his or her name and address, knowledge of the933
contract, and ability technically and financially to complete it.  Such person may continue934
with performance of the contract pending approval by the division. If the division935
S. B. 503
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approves, he or she may proceed with the contract to completion.  If the division does not
936
approve completion by such person, due to a determination that he or she does not have937
sufficient knowledge, expertise, or financial or other required resources, the division shall938
give prompt written notice to the person, including the reasons for such rejection, and such939
person shall promptly upon receipt of such notice cease further performance of the940
contract.  If the owner engages another person under a new contract to complete the941
remaining work under the original contract, such other party must be a contractor duly942
licensed under this chapter to perform such work.  For purposes of this Code section, an943
incomplete contract is one which has been awarded to or entered into by the contractor944
before his or her death or on which he or she was the low bidder and the contract is945
subsequently awarded to him or her, regardless of whether any actual work has commenced946
under the contract before the contractor's death.  If an incomplete contract exists at the time947
of death of a sole qualifying agent of a residential contractor or a commercial
 general948
contractor, where the contractor is a business organization licensed only under such949
individual as its qualifying agent, then the contractor shall proceed as provided under950
paragraph (1) of subsection (e) of Code Section 43-41-9.951
43-41-16.952
(a)  The board shall have the authority to refuse to grant a license to an applicant or to953
revoke the license of a person licensed by the board or to discipline a person licensed by954
the board upon a finding by a majority of the board that the applicant or licensee has955
committed any of the following acts:956
(1)  Obtaining a license by fraud or misrepresentation or otherwise knowingly giving957
false or forged evidence to the board or its divisions;958
(2)  Being convicted or found guilty of or entering a plea of guilty or nolo contendere to959
a criminal act constituting a felony in any jurisdiction which directly relates to the960
S. B. 503
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practice of residential or commercial general contracting or the ability to practice961
contracting;962
(3)  Performing any act which assists a person or entity in the prohibited unlicensed963
practice of contracting if the licensee knows or has reasonable grounds to know that the964
person or entity is unlicensed;965
(4)  Knowingly combining or conspiring with an unlicensed person by allowing his or her966
license to be used with the intent to evade the provisions of this chapter.  When an967
individual license holder allows his or her license to be used to qualify one or more968
business organizations, including where such qualifying agent for a person engaged in969
general contracting does not actually possess and exercise the power and authority970
required of a qualifying agent under paragraph (7) of Code Section 43-41-2 and Code971
Section 43-41-9, such act constitutes prima-facie evidence of an intent to evade the972
provisions of this chapter;973
(5)  Failing in any material respect to comply with the provisions of this chapter or974
violating a rule, regulation, or lawful order of the board or its divisions;975
(6)  Abandoning a construction project in which the contractor who is the individual976
license holder or a business organization for whom the license holder is a qualifying977
agent is engaged or under contract as a residential or commercial general contractor.  A978
project may be presumed abandoned after 90 days if the contractor has ceased work on979
or terminated performance on the project without just cause and without proper980
notification to the owner, including the reason for the termination, cessation, or981
abandonment;982
(7)  Signing a statement with respect to a project or contract falsely indicating that the983
work is bonded; knowingly and falsely indicating by written statement issued to the984
owner that payment has been made for all subcontracted work, labor, and materials and985
for all materials furnished and installed which statement is reasonably relied upon and986
S. B. 503
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actually results in a financial loss to the owner; or falsely indicating that workers'
987
compensation and general liability insurance are provided;988
(8) Committing fraud or deceit in the practice of contracting, including falsely989
advertising, representing, or holding himself or herself or an affiliated business990
organization out as having a valid and current license under this chapter;991
(9) Committing gross negligence, repeated or persistent negligence, or negligence992
resulting in a significant danger to life or property;993
(10)  Proceeding on any job without obtaining applicable local building permits and994
inspections;995
(11)  Using or attempting to use a license that has expired or has been suspended or996
revoked;997
(12)  Knowingly or intentionally engaging any subcontractor to perform work within the998
scope of the general or residential construction contract which requires a license under999
Chapter 14 of this title who does not possess a current and valid license for such work;1000
or1001
(13)  Failing to satisfy within a reasonable time the terms of a final civil judgment1002
obtained against the licensee or the business organization qualified by the licensee1003
relating to the practice of the licensee's profession.1004
(b)  The appropriate division may take any one or more of the following actions against any1005
license holder found by the division to have committed any one or more of the acts listed1006
in subsection (a) of this Code section:1007
(1)  Place the license holder on probation or reprimand the license holder;1008
(2)  Revoke a license, including the license of a person as an individual as well as that of1009
a qualifying agent of a business organization together with the interest of the business1010
organization qualified thereby in such license; suspend such a license for a stated period1011
of time not exceeding one year; or deny the issuance or renewal of the license;1012
S. B. 503
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(3)  Require financial restitution to a consumer for financial harm directly related to a
1013
violation of a provision of this chapter;1014
(4)  Impose an administrative fine not to exceed $5,000.00 for each violation;1015
(5)  Require continuing education; or1016
(6)  Assess costs associated with the investigation and prosecution.1017
(c)  In determining penalties in any final order of the board or a division, the board or1018
division shall follow the penalty guidelines established by the board's or division's rules1019
and regulations.1020
(d)  The board or a division may assess interest or penalties on all fines imposed under this1021
chapter against any person or business organization which has not paid the imposed fine1022
by the due date established by rule, regulation, or final order.1023
(e)  If the board or a division finds any contractor has violated the provisions of this1024
chapter, the board or division may as a part of its disciplinary action require such contractor1025
to obtain continuing education in the areas of contracting affected by such violation.1026
43-41-17.1027
(a) The licensing requirements imposed by this chapter and the sanctions and
1028
consequences relating thereto shall not become effective and enforceable until July 1, 2008. 1029
On and after such date, no No person, whether an individual or a business organization,1030
shall have the right to engage in the business of residential contracting or commercial1031
general contracting without a current, valid residential contractor license or commercial1032
general contractor license, respectively, issued by the division under this chapter or, in the1033
case of a business organization, unless such business organization shall have a qualifying1034
agent as provided in this chapter holding such a current, valid residential contractor or1035
commercial general contractor license on behalf of such organization issued to such1036
qualifying agent as provided in this chapter.  Notwithstanding the foregoing, persons1037
seeking licensure under this chapter and exemption from examination under paragraphs (1)1038
S. B. 503
- 40 - 24 LC 36 5753
and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including1039
all necessary proof of the basis of exemption from examination for such license, starting1040
January 1, 2006. The period for submission of such applications and requests for1041
exemption from the examination requirements shall extend thereafter for a period of 181042
months.  Furthermore, notwithstanding the foregoing, any person seeking licensure under1043
this chapter and exemption from examination under paragraph (3) of subsection (a) of Code1044
Section 43-41-8 may submit his or her application, including all necessary proof of the1045
basis of such exemption starting January 1, 2007, and continuing thereafter.1046
(b)  As a matter of public policy, any contract entered into on or after July 1, 2008, for the1047
performance of work for which a residential contractor or commercial general contractor1048
license is required by this chapter and not otherwise exempted under this chapter and which1049
is between an owner and a contractor who does not have a valid and current license1050
required for such work in accordance with this chapter shall be unenforceable in law or in1051
equity by the unlicensed contractor.  For purposes of this subsection, a contractor shall be1052
considered unlicensed only if the contractor was unlicensed on the effective date of the1053
original contract for the work, if stated therein, or, if not stated, the date the last party to the1054
contract executed such contract, if stated therein.  If the contract does not establish such a1055
date, the contractor shall be considered unlicensed only if the contractor was unlicensed on1056
the first date upon which the contractor provided labor, services, or materials under the1057
contract.  Notwithstanding any other provision of law to the contrary, if a contract is1058
rendered unenforceable under this subsection, no lien or bond claim shall exist in favor of1059
the unlicensed contractor for any labor, services, or materials provided under the contract1060
or any amendment thereto.  This subsection shall not affect the rights of parties other than1061
the unlicensed contractor to enforce contract, lien, or bond remedies.  This subsection shall1062
not affect the obligations of a surety that has provided a bond on behalf of an unlicensed1063
contractor.  It shall not be a defense to any claim on a bond or indemnity agreement that1064
the principal or indemnitor is unlicensed for purposes of this subsection.1065
S. B. 503
- 41 - 24 LC 36 5753
(c)  Any person who holds a license issued under this chapter may engage in the business
1066
of residential or commercial
 general contracting, but only as prescribed by the license,1067
throughout the state and no municipality or county may require any such person licensed1068
under this chapter to comply with any additional licensing requirements imposed by such1069
municipality or county relative to the performance of construction work subject to the1070
licensing requirements under this chapter.  However, nothing in this chapter shall preclude1071
the implementation and enforcement by any municipality or county of a local rule,1072
regulation, ordinance, order, or other requirement in effect and operation as of July 1, 2004,1073
that requires a person to obtain a locally issued license, registration, or certification in order1074
to:1075
(1)  Engage in the construction of improvements to real property to the extent such1076
activities are not encompassed by this chapter or by Chapter 14 of this title; or1077
(2)  Engage in residential or commercial general contracting within such jurisdiction;1078
provided, however, that:1079
(A)  The requirements and criteria for issuance of such local license, registration, or1080
certification shall have been at least as strict and stringent, in the sole judgment of the1081
board, as those for the issuance of a corresponding state-wide license issued under this1082
chapter;1083
(B)  Such local license, registration, or certification shall only apply to activities1084
performed within the geographical limits of such municipality or county; and1085
(C)  Such requirement shall not prevent or foreclose any contractor not holding such1086
local license, registration, or certification but holding a valid and current state-wide1087
license issued under this chapter or Chapter 14 of this title from the transaction of1088
contracting business in such local jurisdiction within the scope of his or her state-wide1089
license.1090
(d)  Any person qualified by the Department of Transportation to perform construction1091
work on roads, streets, bridges, highways, sidewalks, or other grading, paving, or repaving1092
S. B. 503
- 42 - 24 LC 36 5753
projects; airport runways or taxiways; or railroads, and services incidental thereto, for the
1093
department shall not be required to be licensed under this chapter in order to perform any1094
such work for the department or for any other owner requiring similar work to be1095
performed.  The commercial
 general contractor division of the board, in agreement with1096
the Department of Transportation, shall, by rule, define 'services incidental thereto' for the1097
purposes of this subsection only and shall likewise define any other necessary terms as to1098
the scope of the exemption provided by this subsection.1099
(e)  Nothing in this chapter shall prevent any person holding a valid license issued by the1100
State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter1101
14 of this title from performing any work defined in the Code sections under which the1102
license held by said person was issued.  Furthermore, nothing in this chapter shall preclude1103
a person licensed under Chapter 14 of this title to perform plumbing, conditioned air1104
contracting, utility contracting, electrical contracting, or low-voltage contracting from1105
offering to perform, performing, engaging in, or contracting to engage in the performance1106
of construction work or services directly with an owner, which work would otherwise1107
require a license under this chapter, where the total scope of the work to be performed is1108
predominantly of the type for which such contractor is duly licensed to perform under1109
Chapter 14 of this title such that any other work involved is incidental to and an integral1110
part of the work performed within the scope of such license under said chapter and does1111
not exceed the greater of $10,000.00 or 25 percent of the total value at the time of1112
contracting of the work to be performed; provided, however, that such contractor may not1113
delegate or assign the responsibility to directly supervise and manage the performance of1114
such other work to a person unless such person is licensed under this chapter and the work1115
being performed by such person is within the scope of that person's license.1116
(f) Nothing in this chapter shall preclude a specialty contractor from offering or1117
contracting to perform or undertaking or performing for an owner limited, specialty, or1118
specific trade contractor work.  However, nothing in this chapter shall permit a specialty1119
S. B. 503
- 43 - 24 LC 36 5753
contractor to perform work falling within the licensing requirements of Chapter 14 of this
1120
title where such specialty contractor is not duly licensed under such chapter to perform1121
such work.  The board shall,
 by rule or policy by January 1, 2008, identify specialty1122
contractors or other criteria to determine eligibility under the exemption of this subsection. 1123
The specialty contractor otherwise exempted from license requirements under this chapter1124
may perform work for an owner that would otherwise require a license under this chapter1125
where the total scope of the work to be performed is predominantly of the type for which1126
such specialty contractor is duly recognized as exempt under this subsection by the board,1127
provided that such other work involved is incidental to and an integral part of the exempt1128
work performed by the specialty contractor and does not exceed the greater of $10,000.001129
or 25 percent of the total value at the time of contracting of the work to be performed.1130
(g)  Nothing in this chapter shall preclude a person from offering or contracting to perform1131
or undertaking or performing for an owner repair work, provided that the person1132
performing the repair work discloses to the owner that such person does not hold a license1133
under this chapter and provided, further, that such work does not affect the structural1134
integrity of the real property.  The board shall by rule or regulation further define the term1135
'repair' as used in this subsection and any other necessary terms as to the scope of this1136
exemption.1137
(h)  Nothing in this chapter shall preclude any person from constructing a building or1138
structure on real property owned by such person which is intended upon completion for use1139
or occupancy solely by that person and his or her family, firm, or corporation and its1140
employees, and not for use by the general public and not offered for sale or lease.  In so1141
doing, such person may act as his or her own contractor personally providing direct1142
supervision and management of all work not performed by licensed contractors.  However,1143
if, under this subsection, the person or his or her family, firm, or corporation has previously1144
sold or transferred a building or structure which had been constructed by such person1145
acting without a licensed residential or commercial general contractor within the prior 241146
S. B. 503
- 44 - 24 LC 36 5753
month period, starting from the date on which a certificate of occupancy was issued for
1147
such building or structure, then such person may not, under this subsection, construct1148
another separate building or structure without having first obtained on his or her own1149
behalf an appropriate residential or commercial
 general contractor license or having1150
engaged such a duly licensed contractor to perform such work to the extent required under1151
this chapter, or it shall be presumed that the person, firm, or corporation did not intend such1152
building solely for occupancy by that person and his or her family, firm, or corporation. 1153
Further, such person may not delegate the responsibility to directly supervise and manage1154
all or any part of the work relating thereto to any other person unless that person is licensed1155
under this chapter and the work being performed is within the scope of that person's1156
license.  In any event, however, all such work must be done in conformity with all other1157
applicable provisions of this title, the rules and regulations of the board and division1158
involved, and any applicable county or municipal resolutions, ordinances, codes,1159
permitting, or inspection requirements.1160
(i)  Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this1161
title, an interior designer registered pursuant to Chapter 4 of this title, or an engineer1162
registered pursuant to Chapter 15 of this title from performing work or providing services1163
within the scope of his or her registration for the practice of architecture or interior design1164
or license for practicing engineering.1165
(j)  Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this1166
title, an interior designer registered pursuant to Chapter 4 of this title, or an engineer1167
registered pursuant to Chapter 15 of this title from offering to perform or offering or1168
rendering design-build services to an owner; provided, however, that such offer or contract1169
shall clearly indicate at the time of such offer or contract that all services of a commercial1170
general contractor incident to the design-build performance shall be performed by a duly1171
licensed commercial general contractor in compliance with other provisions of this chapter1172
and that all services so offered or provided falling within the scope of the licensing1173
S. B. 503
- 45 - 24 LC 36 5753
requirements of this chapter are offered and rendered by a licensed commercial general1174
contractor in accordance with this chapter.1175
(k)  Nothing in this chapter shall apply to the construction, alteration, or repair of buildings1176
classified as an agricultural occupancy or that are used for agricultural storage or1177
agricultural purposes.1178
(l)  A contractor licensed under this chapter shall not be required to list on the face of a bid1179
or proposal envelope the license number of any contractor licensed under Chapter 14 of1180
this title that may or will be engaged to perform any work within the licensing requirements1181
of Chapter 14 of this title which comprises part of the work for which such bid or proposal1182
is submitted.1183
(m) Dams, including both earth dams and concrete dams, designed for electrical1184
generation, water storage, or any other purpose may be constructed by either a commercial1185
general contractor licensed under this chapter or by a utility contractor licensed pursuant1186
to Chapter 14 of this title.1187
(n)  Nothing in this chapter shall apply to the construction or installation of manufactured1188
homes as defined in paragraph (4) of Code Section 8-2-131.1189
43-41-18.1190
(a)  As used in this Code section, the term:1191
(1)  'Discharge' means an honorable discharge or a general discharge from active military1192
service.  Such term shall not mean a discharge under other than honorable conditions, a1193
bad conduct discharge, or a dishonorable discharge.1194
(2)  'Military' means the armed forces of the United States or a reserve component of the1195
armed forces of the United States, including the National Guard.1196
(b)  A committee composed of the division director, members of the Governor's Office of1197
Workforce Development, and members of the licensing board representing the profession1198
of residential-light-commercial contracting shall determine the military specialties or1199
S. B. 503
- 46 - 24 LC 36 5753
certifications the training, experience, and testing for which substantially meet or exceed
1200
the requirements to obtain a residential-
light-commercial contractor's license. The1201
Governor shall designate a chairperson from among the membership of the committee.1202
(c)  Any current or former member of the military may apply to the licensing board for the1203
immediate issuance of a license or certification based upon his or her having obtained a1204
military specialty or certification the training or experience for which substantially meets1205
or exceeds the requirements to obtain a residential-light-commercial contractor's license. 1206
In order to qualify under this subsection, an applicant shall make application not later than1207
180 days after his or her discharge.  Such application shall be in such form and shall1208
require such documentation as the division director shall determine.  If the applicant1209
satisfies the requirements of this Code section, the division director shall direct the1210
appropriate division to issue the license, and such division shall immediately issue such1211
license; provided, however, that the applicant shall satisfy all financial and insurance1212
requirements for the issuance of such license.  This Code section shall only apply to the1213
initial issuance of a license.  After the initial issuance of a license, the licensee shall be1214
subject to any provisions relating to the renewal of the license applicable to all licensees.1215
43-41-19.1216
Reserved."1217
SECTION 2.1218
All laws and parts of laws in conflict with this Act are repealed.1219
S. B. 503
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