A BILL TO BE ENTITLED AN ACT 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.
Amends GS 89G-1 by adding definitions to the statute for the following terms: business entity, delinquent income tax debt, foreign corporation, foreign entity, foreign limited liability company, foreign partnership, and nonresident individual.
Amends GS 89G-3 (providing exemptions from the provisions of GS Chapter 89G, Irrigation Contractors) 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.Further amends GS 89G-3 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 contractorwhen the contractor uses the contractor's own employees to perform work. Limits exempted public utilities contractors toperforming only the activities described in GS 87-10(b)(3)a. Clarifies that the exemption applies to a full-time employee of a homeowners' association who maintains or repairs an irrigation system owned by the association and located within the planned community's common elements as defined in GS 47F-1-103. Adds an exemption for any unlicensed person or entity who subcontracts with a North Carolina licensed irrigation contractor where the work is entirely performed by the licensed contractor in accordance with the provisions of GS Chapter 89G.
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 (was, surety bond).
Enacts new GS 89G-6.1 to allow the Board to issue a license in the name of a corporation, limited liability company, partnership, orfor a business entity usingan assumed or designated trade name if the respective conditions are met. Sets forth additional details and requirements for licensing of nonresident individuals and foreign entities.
Amends GS 89G-9 torequire the Board to suspend a licensee's license for60 days for failure to obtain the required tencontinuing education units per year(penalty was forfeiture of the license). Provides for reinstatement of the license upon completion of the required continuing education andpayment of the reinstatement fee. Specifies that failure to (1) meet the education requirements, (2) request reinstatement,or (3) pay the fee will result in license forfeiture.
Clarifies the fees schedule in GS 89G-10(a). Deletes the fee for corporate license and adds a fee of $250 as areinstatement fee. Enacts new GS 89G-11(b), allowing the Board to assess costs for disciplinary proceedings, including investigatory costs,against an applicant or licensee. Makes other conforming changes.
Clarifies the term irrigation construction or irrigation contracting throughout, and directs the Revisor of Statutes to make conforming statutory changes as necessary.
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, 2013, to receive a license without taking the examination.Also effective when the act becomes law, directs the Board to notify the North Carolina Cooperative Extension of the exemption from the exam requirement for experienced irrigation contractors as quickly as is practical upon the effective date of this section.
Except as otherwise indicated, this act is effective October 1, 2013.