HB 790 — Professions and businesses; regulation of certain professions; provide

Summary

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for the regulation of certain professions; to change certain provisions relating to certain boxing, wrestling, and martial art associations and federations; to revise a definition; to change the applicability of certain provisions as to matches, contests, or exhibitions; to provide for the profession of professional structural engineer; to provide for definitions; to provide for continuing education requirements; to provide for unlawful practices; to provide for the issuance of certificates of registration for such professionals; to provide for registration by comity; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 9 section(s) of the Official Code of Georgia Annotated: O.C.G.A. § 43-4B-1; O.C.G.A. § 43-15-2; O.C.G.A. § 43-15-7; O.C.G.A. § 43-15-8; O.C.G.A. § 43-15-10; O.C.G.A. § 43-15-16.

• O.C.G.A. § 43-4B-1

  (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) (O) International Kick Boxing Federation; or (P) → (I) North American Sport Karate Association; (J) Professional Karate Commission; or (K) The local affiliate of any organization listed in th

  amended

• O.C.G.A. § 43-15-2

  0 LC 36 4120 "(12) 'Professional structural engineer' means a professional engineer with specialized knowledge and expertise in the practice of structural engineering. Such person shall be qualified by reason of knowledge of mathematics, physical sciences, and principles by which mechanical properties of matter are made useful to man in structures, acquired through professional education and practical experience, to engage in the practice of structural engineering. Such persons shall further possess a current certificate of registration as a professional structural engineer issued by the board. (13) 'Structural engineering' means the practice of a specialized branch of professional engineering involving the design or analysis of designated structures as defined by the board, and shall include any professional service, such as consultation, investigation, evaluation, planning, designing, analyzing, or responsible supervision of construction or operation, in connection with any public or private designated structures, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of structural engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice structural engineering, within the meaning of this chapter, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself or herself out as a professional structural engineer or as able or qualified to perform structural engineering services or who does perform any of the services set out in this paragraph."

  amended

• O.C.G.A. § 43-15-7

  aid title is further amended in Code Section 43-15-7, relating to unlawful practice as a ofessional engineer or land surveyor, by adding a new subsection to read as follows: "(c) It shall be unlawful for any person other than a professional structural engineer to practice or to offer to practice structural engineering in this state."

  amended

• O.C.G.A. § 43-15-8

  aid title is further amended adding a new Code section to read as follows: "43-15-9.1. To be eligible for a certificate of registration as a professional structural engineer, an applicant must meet the following minimum requirements: (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years' experience in structural engineering work of a character satisfactory to the board which indicates the applicant is competent to practice structural engineering; and (C) Subsequently pass a written examination in the principles and practice of structural engineering in the areas of which shall be determined by the board (structural engineering examination); (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in structural engineering work of a character satisfactory to the board which indicates the applicant is competent to practice structural engineering; and (C) Subsequently pass a written examination in the principles and practice of structural engineering in the areas of which shall be determined by the board (structural engineering examination); or (3) Any applicant seeking a certificate of registration as a professional structural engineer prior to January 1, 2021, who already holds a valid certificate of registration as 0 LC 36 4120 a professional engineer from the board, has a record of practice which is primarily in the practice of structural engineering, and is currently engaged in the practice of structural engineering may submit a signed affidavit on a form prescribed by the board stating as much. Based upon such affidavit and any other means the board may deem necessary to determine verification of practice in the area of structural engineering by an applicant, the board shall grant a certificate of registration as a professional structural engineer. On or after January 1, 2021, no certificate of registration as a professional structural engineer shall be issued unless the requirements of paragraph (1) or (2) of this Code section and

  amended

• O.C.G.A. § 43-15-10

  or → aid title is further amended in Code Section 43-15-10, relating to ng perience, by revising the introductory language of subsection ( "(a) For the purpose of determining whether an applicant has ce required under Code Section 43-15-8, 43-15-9, or 43-15-9.1

  amended

• O.C.G.A. § 43-15-16

  Engineering → aid title is further amended in Code Section 43-15-16, rela re y comity, by revising subsection (a) as follows: (a) The board may, in its discretion, upon application th ee" prescribed by the board, issue a certificate of registratio or professional structural engineer to any individual who ho or registration issued to him or her by proper authori Examiners for Engineering and Surveying of the United States if the requi or professional structural engineers 0 LC 36 4120

  amended

• O.C.G.A. § 43-15-24

  aid title is further amend ructures jeopardizing he rmits, as follows: 43-15-24." (a) It shall be unlawful municipality, or school d to engage in the construc or structural engineering 0 LC 36 4120 affect or jeopardize the ealth, safety, or welfare of the public unless the plans and specifications have been repared under the direct supervision or review of and bear the seal of, and the construc on is executed under the direct supervision of or review by, a professional engineer or rchitect or professional structural engineer. (b) Nothing in this Co section shall be held t y to any construction, including alterations, of which th completed cost is les $100,000.00 or which is used exclusively for private r noncommercial purp or to private residences, or to noncommercial farm bu dings, or to residence gs not exceeding two stories in height, excluding basem ts. (c) Any county, munici ality, or other governin in this state that issues building permits is required to m tain a permanent recor e permit application and issuance thereon indicating the me of the professional eer or architect or professional structural engineer, if a y, who has sealed the specifications, plats, or s ursuant to which said b lding permit is issued. ecord shall include detai e ze, type of building or ructure, use for said bui r structure, and estimate f onstruction."

  amended

• O.C.G.A. § 43-15-21

  d title is further amend in Code Section 43-15 elating to exceptions to o n hapter, by revising su ections (b) through (d) ows: b) The following pers s shall be exempt from hapter: (1) An individual wor ng as an employee or a dinate of an individual h a certificate of registrati or license under this c or an employee of an in l practicing lawfully un er Code Section 43-15- ovided that such work t include final design de sions and is done unde upervision of, and respo therefor is assumed by, n individual holding a c te of registration or licen r this chapter or an indiv ual practicing lawfully (2) Officers and emplo ees of the government of nited States while engage n this state in the practi of professional engin , structural engineering, d surveying for such gov rnment; (3) All elected officer f the political subdivisi f professional engineeri , structural engineering, f their official duties; (4) Officers and empl y Title 46, while engag , structural engineering, 0 LC 36 4120 (5) Any defense, aviation, space, erospace company. As used in this paragraph, the term 'company' shall mean any proprietorship, firm, limited liability company, partnership, joint venture, joint st association, corporation, or other business entity and any subsidiary or affiliate of s h business entity; (6) Any employee, contract worke ubcontractor, or independent contractor who works for a defense, aviation, space, or space company that is not required to be licensed under the provisions of this chapte rsuant to paragraph (5) of this subsection and who provides engineering for aircraft pace launch vehicles, launch services, satellites, satellite services, missiles, rockets other defense, aviation, space, or aerospace related products or services, or any comp nts thereof; and (7) Any officer or employee of ate government agency or department, county or municipal government, regional c mission, or utility authority who is engaged in the gathering, processing, managing, a sharing of geospatial and photogrammetric data for cataloging or mapping purposes f is or her respective agency. (c) This chapter shall not be constru s requiring registration or licensing for the purpose of practicing professional engineer , structural engineering, or land surveying by an individual, firm, or corporation on eased by such individual, firm, or corporation unless the same invo ety or public health or for the performance of engineering whi o the design or fabrication of manufactured products. (d) This chapter shall not be const affect the practice of professional engineering, structural engineering, with respect to utility facilities by any public u Service Commission, the Federal Communica ission, or like regulatory agencies, including its e officers and full-time permanent employees o s, affiliates, or subsidiaries, except where such p property owners, provided that this exception do , professional structural engineer, or profession , structural engineering,

  amended

• O.C.G.A. § 43-15-30

  or 'Engineered' → 0 LC 36 4120 "(e) Any person offering services to the public that uses by name, verbal claim, sign, advertisement, directory listing, letterhead, or otherwise the words 'Engineer,' 'Engineers,' 'Professional Engineering,' 'Engineering,' 'Engineered,' 'Professional Structural Engineer,' 'Professional Structural Engineers,' 'Structural Engineer,' 'Structural Engineers,' 'Structural Engineering,' or 'Structurally Engineered'

  amended

Action History

1. January 28, 2020

   House Second Readers

2. January 27, 2020

   House First Readers

3. January 16, 2020

   House Hopper

Sponsors

• Vance Smith · Primary
• Alan Powell · Primary
• Brett Harrell · Primary
• Kasey Carpenter · Primary

Subjects