Bill Summary for S 405 (2011-2012)

Summary date: 

Mar 23 2011

Bill Information:

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.

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Bill summary

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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