Bill Summary for H 880 (2013-2014)

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Summary date: 

Jul 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 880 (Public) Filed Thursday, April 11, 2013
Intro. by R. Brawley.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends the short title.

Amends proposed GS 87-15.23, requiring roofing contractors to be licensed by the State Licensing Board (Board) for General Contractors (previously, only required roofing contractors to be registered as roofing contractors to do business in North Carolina). Makes conforming changes throughout the act reflecting the change to becoming licensed as a roofing contractor in lieu of registering as one.  Provides that roofing contractors cannot seek to be licensed as a roofing contractor under a different name during periods where the contractor's license is suspended or revoked. Provides that a suspension or revocation of a corporate or business entity is considered to be the suspension or revocation of all owners, employees, or affiliates of the entity.

Makes clarifying changes to proposed GS 87-15.24, Exemptions, and provides that the provisions of the new proposed Article do not apply to licensed NC general contractors.

Amends proposed GS 87-15.25, Requirements for licensure; issuance, requiring applicants to submit to the Board a sworn statement of the applicant's experience and qualification as a roofing contractor (was, submit proof that the applicant has at least five years of experience as a roofing contractor). Provides that a roofing contractor's license is suspended on the date that the required liability insurance policy is canceled or lapses for nonpayment of premiums and cannot be restored without proof of an active insurance policy.

Reduces the fee amounts charged for licensure in proposed GS 87-15.27 and deletes the listing and fee for a corporate license.

Amends proposed GS 87-15.29, concerning limitations of the license, requiring a roofing contractor to submit the contractor's license number when applying for any state or local permits for work on the contractor's own property, and to display the license number on all signs, cards, correspondence, estimates, contracts, and commercial vehicles used in connection with the roofing services. Makes a clarifying change.

Amends proposed GS 87-15.30, directing the Board to establish on the internet or other publicly accessible technology a system which can be used to verify the license status of every licensed roofing contractor. Sets out the information required to be provided on the system.

Amends proposed GS 87-15.31, concerning disciplinary action for licensees, providing that violations of any provision of GS Chapter 75, Article 8, can result in the denial, restriction, suspension, or revocation of a license. Makes a clarifying change. Provides that the Board can determine that a licensee is not in good standing on the basis of violations of the provisions in GS Chapter 87 and violations of GS Chapter 75, Article 8, in addition to the violation of any rules adopted by the Board.

Amends proposed GS 87-15.32, concerning complaints, making technical deletions and clarifying changes. Also deletes language that stated that a complaint will still be referred to the NC Attorney General's Consumer Protection Division even if a response is not received.

Amends proposed GS 87-15.33, concerning criminal history record checks, providing that no license will be issued to an applicant that refuses to consent to a criminal history record check. Makes a clarifying change.

Enacts new GS 87-15.34, Roofing contractor's agent for service of process, making the Secretary of State the agent for service of process for any applicant that is not a resident of North Carolina, except for foreign corporations, LLCs, limited liability partnerships, and foreign limited partnerships authorized to do business in North Carolina and having a current licensed agent and address on file with the Secretary of State.

Enacts new GS 87-15.35, Roofing Contractor License Revolving Fund, establishing said Fund and providing that fees collected by the Board under GS Chapter 87, Article 1B, for roofing contractors will be deposited in the Fund to be used by the Board for the implementation of GS Chapter 87, Article 1B.

Amends proposed GS 75-140, concerning definitions for GS 75, Article 8, Roofing Contractors, making a clarifying change.

Deletes the following proposed statutes:

GS 75-142, Registration required; penalty.

GS 75-146, Roofing contractor's agent for service of process.

GS 75-147, Application for building permits; disclosure of registration certificate number.

GS 75-148, Verification of roofing contractor's registration number to enforcement officials and public.

GS 75-149, Roofing Contractor Registration Revolving Fund.

Makes conforming and reorganizational changes.

Amends proposed GS 75-142, concerning prohibited conduct, prohibiting roofing contractors from offering rebates of insurance deductibles, discounts, or any compensation to the consumer in order to induce sales as well as prohibiting the contractor from offering to obtain an assignment of benefits on any insurance claim.

Prohibits an adjuster or a public adjuster from acting as a roofing contractor.

Amends proposed GS 75-143, concerning the requirement of a written contract, making a technical deletion.