SB553 HFA Phillips 3-10 #1

Wilkinson 3909

Delegate Phillips moves to amend the bill as amended on page 1, section 30-42-7, line 13, by striking subsection (c) in its entirety and inserting in lieu thereof the following:

“(c) Notwithstanding the provisions of §30-42-7(b) of this code, any person issued a contractor’s license by the board may apply to the board for transfer of the license to an immediate family member: Provided, That in order to maintain the license for longer than one year following the date of transfer, any immediate family member license transferee must successfully complete whatever examination the board may require within one year of the transfer: Provided further, that the license may not be subsequently transferred again prior to the initial transferee successfully completing whatever examination the board may require, unless the transferee dies or becomes permanently incapacitated prior to examination, in which case the provisions of §30-42-7(d) of this code shall control;

(d)  In the event of a license holder’s death or permanent incapacity, an immediate family member of the license holder, within one year of the license holder’s death or incapacity, may apply to the board for transfer of the license, and shall be subject to the same restrictions and requirements placed upon an immediate family member transferee as set forth in §30-42-7(c) of this code.

(e) The board may transfer a license to an immediate family member pursuant to application made under §30-42-7(c) or §30-42-7(d) of this code for a one-year period without requiring examination of the transferee if the immediate family member demonstrates to the satisfaction of the board that he or she:

(1) Has been actively involved in the management or operation of a business entity in which the original license holder is or was the principal owner, partner, or corporate officer; or

(2) Employs or retains a person who meets the minimum qualifications for applicants for examination and license in the relevant class of contractor set by the board pursuant to §30-42-5(a)(1) of this code.

(f) In the case of a person who is transferred a license by the board pursuant to §30-42-7(e) of this code and who holds the license on behalf of a business entity, the license shall remain valid for the business entity: (i) only one year following the date of transfer prior to the transferee’s successful completion of whatever examination the board may require; and (ii) only so long as the transferee license holder remains the principal owner, partner, or corporate officer of the business entity.

(g) For purposes of §§30-42-7(c), (d), (e) and (f) of this code, "immediate family member" means a spouse, child, sibling, or parent of a person issued a contractor’s license by the board.

Adopted

Rejected