AMEND IRRIGATION CONTRACTORS' LICENSING LAWS.

View NCGA Bill Details2011-2012 Session
Senate Bill 405 (Public) Filed Wednesday, March 23, 2011
AMENDING THE LAWS REGULATING IRRIGATION CONTRACTORS TO PROVIDE SUBSTANTIVE REQUIREMENTS FOR LICENSING CORPORATIONS, TO PROVIDE FOR THE ISSUANCE OF LICENSES TO NONRESIDENTS, TO CLARIFY THE FEE STRUCTURE, AND TO MAKE OTHER CONFORMING CHANGES.
Intro. by Hartsell, Brown.

Status: Re-ref Com On Finance (House Action) (May 31 2012)
S 405

Bill Summaries:

  • Summary date: May 31 2012 - More information

    House committee substitute makes the following changes to 3rd edition.
    Effective when the act becomes law, adds a section to allow certain irrigation contractors who meet specified conditions related to years of experience and who submit an application for licensure before October 1, 2012, to receive a license without taking the examination. Makes a conforming change to the bill title. Amends proposed subsection (b) to GS 89G-11 (disciplinary action) to clarify that the NC Irrigation Contractors’ Licensing Board may also assess investigatory costs against an applicant or licensee. Makes other clarifying and technical changes, and changes the act’s effective date to October 1, 2012 (was, October 1, 2011).


  • Summary date: May 18 2011 - More information

    Senate committee substitute makes the following changes to 2nd edition.
    Deletes proposed GS 89G-6.2, which concerned tax information and delinquency of nonresidents and foreign entities. Makes other technical corrections.


  • Summary date: Apr 28 2011 - More information

    Senate committee substitute makes the following changes to 1st edition. Amends GS 89G-1 by adding new definitions to the statute. Rewrites GS 89G-3 to clarify that the licensure exemption for any federal, state or local government performing irrigation construction or contracting work on public property only applies if the work is done by employees of those entities. Amends GS 89G-9(a) to clarify that any person who desires to continue to practice irrigation contracting or irrigation construction must apply for license renewal and submit the required fees. Enacts GS 89G-9(c) to increase the length of mandatory license suspension from 30 to 60 days for failure to obtain required continuing education units and makes a technical change. Amends GS 89G-10(a) by decreasing the reinstatement fee to $250 (previously $500). Makes other technical, organizational, and clarifying changes.


  • Summary date: Mar 23 2011 - More information

    Amends GS 89G-3 (providing exemptions from the provisions of GS Chapter 89G, Irrigation Contractors) to clarify that the exemption applies to a general contractor classified under GS 87-10(b) as a building contractor, a residential contractor, or a public utilities contractor using the contractor’s own employees to perform work. Limits exempted public utilities contractors to persons performing only the activities described in GS 87-10(b)(3)a. Removes any federal, state, or local government agency performing irrigation construction or contracting work on public property from the list of exemptions. Clarifies the term “irrigation construction or irrigation contracting” throughout, and directs the Revisor of Statutes to make conforming statutory changes as necessary. Makes other conforming and clarifying changes.
    Amends GS 89G-5(11) to clarify that the NC Irrigation Contractors’ Licensing Board (Board) has the power to require licensees to file and maintain an adequate surety bond or letter of credit. Enacts new GS 89G-6.1 to allow the Board to issue a license in the name of a corporation, limited liability company, partnership, or in an assumed or designated trade name if the respective conditions are met. Sets forth additional details and requirements for licenses and licensees. Enacts new GS 89G-6.2 to allow the Board to issue a license to a nonresident individual or a foreign entity that meets all licensure requirements. Includes definitions and additional provisions describing certificates of authority and required tax information.
    Amends GS 89G-9(b), allowing the Board to suspend a licensee’s license for 30 days (rather than lose) for failure to obtain continuing education units, with reinstatement after fee payment. Specifies that failure to request reinstatement and pay the fee will result in license forfeiture. Amends several fees in GS 89G-10(a). Enacts new GS 89G-11(b), allowing the Board to assess costs for disciplinary proceedings against an applicant or licensee. Makes other conforming changes.
    Effective October 1, 2011.


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