HB 193 — Relating to the Alabama Sunset Law; to continue the existence and functioning of the State Licensing Board for General Contractors until October 1, 2024.

HB193 INTRODUCEDENROLLED 6Y5S3Z-16Y5S3Z-2 By Representative Simpson RFD:

23-Mar-23 2023 Regular Session Page 0 6Y5S3Z-1HB193 01/18/2023Enrolled KMSEnrolled, (L)An crAct, 2022-52633 2Relating 4to SYNOPSIS:the Alabama Sunset Law;

Underto existingcontinue law,the terminationexistence datesand arefunctioning establishedof the State Licensing Board for enumeratedGeneral stateContractors agencies.until October 1, 2024, with certain modifications:

TheTo agenciesamend areSection periodically34-8-7, reviewedCode byof Alabama 1975, to exempt routine landscape maintenance work from the Alabamapractice Sunsetof Committee.general contracting.

After the review process is completed, the committee prepares its recommendation for the agencies to the Legislature in the form of sunset bills which either continue, terminate, or continue with modification each agency reviewed.

This bill would provide for the continuance of the State Licensing Board for General Contractors.

A BILL TO BE ENTITLED AN ACT Relating to the Alabama Sunset Law;

to continue the existence and functioning of the State Licensing Board for General Contractors until October 1, 2024.

Pursuant to the Alabama Sunset Law, the Sunset Committee recommends the continuance of the State Licensing Board for General Contractors until October 1, 2024.2024, with the additional recommendation for statutory change as set out in Section 3.

The existence and functioning of the State Page 1 HB193 INTRODUCED Licensing Board for General Contractors, created and functioning pursuant to Sections 34-8-1 to 34-8-28, inclusive, Code of Alabama 1975, is continued until October 1, 2024, and those code sections are expressly preserved.

TheSection Legislature34-8-7 concursof in the recommendationsCode of theAlabama Sunset1975, Committeeis asamended providedto inread Sectionsas 1follows: and 2.

Section"§34-8-7 4.(a) The following shall be exempted from this chapter:

This(1) actThe shallpractice becomeof effectivegeneral immediatelycontracting, uponas itsdefined passagein andSection approval34-8-1, by an authorized representative or representatives of the Governor,United States Government, State of Alabama, incorporated town, city, or uponcounty itsin otherwisethis becomingstate, which is under the supervision of a law.licensed architect or Page 1 HB193 Enrolled engineer provided any work contracted out by the representative shall comply with the provisions of this chapter for general contractor.

Page(2) 2The construction of any residence or private dwelling.

(3) A person, firm, or corporation constructing a building or other improvements on his, her, or its own property provided that any of the work contracted out complies with the definition in this chapter for general contractor.

A municipal governing body or municipal regulatory body may not enact any ordinance or law restricting or altering this exemption.

Any municipal ordinance or regulation that conflicts with this exemption is repealed effective June 11, 2015.

(4) The installation, repair, maintenance, or removal of facilities, equipment, or systems used in or substantially related to the generation, transmission, or distribution of electric power, natural gas, or telecommunications in an emergency by a utility regulated by the Public Service Commission, or any entity engaged in the generation, transmission, or distribution of electric power, natural gas, or telecommunications, or any of their respective general contractors or subcontractors, provided the work is performed under the supervision of a licensed architect or engineer.

For purposes of this subdivision, the term emergency is defined as a situation whereby service to the consumer has been interrupted or may be interrupted if work to remedy the emergency is not performed and completed within 60 days, and Page 2 HB193 Enrolled such other situations that are determined to be an emergency in the discretion of the board.

(5) The repair, maintenance, replacement, reinstallation, or removal of facilities, equipment, or systems used in or substantially related to the generation, transmission, or distribution of electric power, natural gas, or telecommunications on a routine, regular, or recurring basis by a utility regulated by the Public Service Commission or any entity engaged in the generation, transmission, or distribution of electric power, natural gas, or telecommunications or any of their respective general contractors or subcontractors, provided the work is performed under the supervision of a licensed architect or engineer.

(6) Routine or regular maintenance, repair, replacement, reinstallation, or removal of equipment, specialized technological processes, or equipment facility systems as determined by the board with regard to scope, frequency, and speciality of the work to be performed.

(7) Routine landscape maintenance work that includes cutting grass;

trimming, replacing, and removal of bushes, shrubs, and similar items;

the placement and removal of pine straw, mulch, bark, and similar ground covers;

and other routine ground maintenance.

(b) The aforementioned exemptions shall exclude a swimming pool contractor.

Provided, however, a person, firm, or corporation constructing a swimming pool on his, her, or its own property shall be exempted from this chapter.

(c) A subcontractor, as defined in subsection (c) of Page 3 HB193 Enrolled Section 34-8-1, is subject to and shall comply with all the provisions of this chapter as specified for general contractor except as follows:

(1) A subcontractor shall pay one-half the fees as required in this chapter for general contractor.

(2) No bid limits shall be established for a subcontractor.

(3) A subcontractor shall submit with license application and renewals a statement of financial condition as prescribed by the board.

95 (4) A subcontractor shall furnish three references from any combination of the following:

Licensed general contractors, registered professional engineers, or registered architects, or qualified person, as declared by the board, for whom they have worked.

If a subcontractor has only been employed by one company, the subcontractor shall provide the following:

Three or more jobs he or she has worked on, the amounts of the contracts, the time period of the contracts, the location of the contracts, and a statement of experience.

(5) A subcontractor is not required to be licensed at the time a project is bid, but must be licensed with the board prior to beginning work on the project.

(6) A general contractor license and license number issued by the board to subcontractors shall denote subcontractor status.

(7) A subcontractor is not required to sit for any examination before being licensed." Section 4.

This act shall become effective immediately Page 4 HB193 Enrolled upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Page 5 HB193 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 06-Apr-23.