GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

 

 

SESSION LAW 2005-297

HOUSE BILL 803

 

 

AN ACT to authorize the manufactured housing board to charge and collect a late filing fee for licensees that apply for renewal of the license after the license has expired and to eliminate supplemental licensing by the manufactured housing board.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 143-143.11 reads as rewritten:

"§ 143-143.11.  License required; application for license.

(a)       It shall be unlawful for any manufactured home manufacturer, dealer, salesperson, or set-up contractor to engage in business as such in this State without first obtaining a license from the Board, Board for each place of business operated by the licensee, as provided in this Article. The fact that a person is licensed by the Board as a set-up contractor or a dealer does not preempt any other licensing boards' applicable requirements for that person.

(b)       Application for the license shall be made to the Board at such time, in such form, and contain information the Board requires, and shall be accompanied by the fee established by the Board. The fee shall not exceed three hundred dollars ($300.00) for any license. for each license issued. In addition to the license fee, the Board may also charge an applicant a fee to cover the cost of the criminal history record check required by G.S. 143-143.10A.

(c)       In the application, the Board shall require information relating to the matters set forth in G.S. 143-143.13 as grounds for refusal of a license, and information relating to other pertinent matters consistent with safeguarding the public interest. All of this information shall be considered by the Board in determining the fitness of the applicant. Once the Board has determined that an applicant is fit, the Board must provide the applicant a license for each place of business operated by the applicant.

(d)       All licenses shall expire, unless revoked or suspended, on June 30 of each year following the date of issue.

(e)       Every licensee shall, on or before the first day of July of each year, obtain a renewal of a license for the next year, year by application, accompanied by applying to the Board, completing the necessary hours of continuing education required under G.S. 143-143.11B, and paying the required fee. renewal fee for each place of business operated by the licensee. The renewal fee shall not exceed three hundred dollars ($300.00) for each license issued. Upon failure to renew, renew by the first day of July, a license automatically expires. The license may be renewed at any time within one year after its lapse upon payment of the renewal fee.fee and a late filing fee. The late filing fee shall not exceed three hundred dollars ($300.00).

(f)        Supplemental licenses shall be issued for each place of business, operated or proposed to be operated by the licensee, that is not contiguous to other premises for which a license is issued. The fee for a supplemental license shall be established by the Board and shall not exceed three hundred dollars ($300.00), provided that no supplemental license shall be required for a place of business operated by a licensee that is used exclusively for storage.

(g)       Notwithstanding the provisions of subsection (a), the Board may provide by rule that a manufactured home salesperson will be allowed to engage in business during the time period after making application for a license but before such license is granted.

(h)       As a prerequisite to obtaining a license under this Article, a person may be required to pass an examination prescribed by the Board that is based on the Code, this Article, and any other subject matter considered relevant by the Board."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 11th day of August, 2005.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 3:00 p.m. this 22nd day of August, 2005