A BILL TO BE ENTITLED AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING, AND OTHER CHANGES TO THE PROFESSIONAL EMPLOYER ORGANIZATION STATUTES.
Senate committee substitute makes the following changes to the 1st edition.
Repeals GS 58-89A-5(8) defining hazardous financial condition.
Amends GS 58-89A-50(a), concerning surety bonds, providing that an applicant whose current assets do not exceed current liabilities pursuant to GS 58-89A-60(b) must file an additional surety bond or other items as set forth in subsection GS 58-89A-5(f), equal to or in excess of current liabilities, less current assets.
Amends GS 58-89A-60(b), providing that every applicant must file with the Commissioner an audited GAAP financial statement, prepared as of a date not more than 90 days before the application, that demonstrates that the applicant or licensee's current assets exceed current liabilities. Sets out the requirements for the GAAP financial statement, including that it must be audited by an independent certified public accountant licensed to practice in the jurisdiction in which the accountant is located and that the accountant cannot have qualification as to the going concern status of the PEO. Provides that a PEO group can submit combined or consolidated audited financial statements to meet the above requirements, except for PEOs that do not have sufficient operating history.
Amends GS 58-89A-85, Supervision; rehabilitation; liquidation, requiring the Commissioner to proceed in two specified manners if it is determined that a licensee is bankrupt (previously, allowed if it is determined the licensee is bankrupt or in a hazardous financial condition).
Amends GS 58-89A-95, reinstating previously deleted language which provided that a licensee must give written notice of the agreement, as it affects assigned employees, to each employee assigned to a client company work site.
Amends GS 58-89A-100, regarding contract requirements, providing that, unless otherwise expressly agreed to by a professional employer organization and a client company in a PEO agreement, the client company retains the exclusive right of direction and control over the assigned employees as is necessary to conduct the client company's business. Also provides that the licensee will have the right to hire, discipline, and terminate an assigned employee in accordance with the licensee's responsibilities under GS Chapter 58 and a PEO agreement. Establishes that the client company has the right to hire, discipline, and terminate an assigned employee.
Reinstates previously repealed GS 58-89A-145, Examinations, and provides that the reasonable cost of an examination, including fees related to attorneys, appraisers, and so forth can only be recovered pursuant to GS 58-89A-65(d).
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