A BILL TO BE ENTITLED
AN ACT to amend the Professional housemoving statutes contained in article 16 of chapter 20 of the general statutes.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑356 reads as rewritten:
"§ 20‑356.  Definitions.

As used in this Article, the following terms mean:
(1)	Actively engaged. – Any person who has an active license, is in good standing with the Department, the Department of Revenue, and regularly engages in the business of moving houses.
(2)	Department. – The Department of Transportation.
(3)	House. – A dwelling, building, or other structure in excess of 15 feet in width; provided that mobile homes, manufactured homes, or modular homes, or portions thereof, are not within this definition when being transported from the manufacturer or from a licensed retail dealer location to the first set‑up site.
(4)	Person. – An individual, corporation, partnership, association, or any other business entity.
(5)	Unsafe practices. – 
a.	Any act that creates a hazard to the motoring public, fails to comply with federal or State occupational safety and health regulations, or violates any labor laws related to worker safety.
b.	Three crashes or collisions while moving houses, or three or more preventable injuries on a housemoving work site, within a 24‑month period of time."SECTION 2.  G.S. 20‑358(1) reads as rewritten:
"(1)	The applicant must be at least 21 years of age; present acceptable evidence of good character and show sufficient housemoving experience on the application form furnished by the Department. Proof of creditable housemoving experience must be furnished at the time of application for those applicants not previously licensed by the Department. To comply with the requirement of proof of creditable housemoving experience, all applicants not previously licensed by the Department shall submit to the Department sworn affidavits from previous licensed housemoving employers that provide, in detail, the applicant's full‑time experience, including any supervisory duties and experience. Housemoving experience means extensive and responsible training gained by the applicant while engaged actively and directly on a full‑time basis in the moving of houses and structures on public roads and highways with at least five years of experience, two of which must have been in a supervisory position. Examples of the capacity in which a person may work in gaining experience include the following in building moving operations:
a.	Moving superintendent,
b.	Moving foreman, and
c.	General mechanic and helper in the housemoving profession or trade."
SECTION 3.  G.S. 20‑363 reads as rewritten:
"§ 20‑363.  Removal and replacement of obstructions.
All obstructions, including mailboxes, traffic signals, signs, and utility lines will be removed immediately prior to and replaced immediately after the move at the expense of the mover. Any property, real or personal, to be removed, which is not located in the right‑of‑way, shall not be removed until the owner is notified and arrangements for and approval from the owner are obtained."
SECTION 4.  G.S. 20‑371(a) reads as rewritten:
"(a)	Any person violating the provisions of this Article or the regulations of the Department governing housemoving as a first offense shall be guilty of a Class 3 misdemeanor which may include a maximum fine of five hundred dollars ($500.00).  A second violation of any provision of this Article or the regulations of the Department governing housemoving shall be punished as a Class 2 misdemeanor which shall include a minimum fine of one thousand dollars ($1,000). A third or subsequent violation of any provision of this Article or the regulations of the Department governing housemoving shall be punished as a Class 1 misdemeanor which shall include a minimum fine of two thousand dollars ($2,000) for each violation. The State Highway Patrol shall impound any conveyances or vehicles being used in violation of this Article. If the State Highway Patrol impounds a conveyance or vehicle used in violation of this Article, the State Highway Patrol shall have custody and control of all impounded conveyances and vehicles until ordered by a court of competent jurisdiction to return the conveyances or vehicles to the lawful owner or until the violation is corrected and the Department authorizes the State Highway Patrol to release the conveyance or vehicle to the lawful owner or operator. It shall be the responsibility of the lawful owner to pay any towing or storage fees for a vehicle impounded pursuant to this subsection." 
SECTION 5.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑374. Unsafe operation and practices; unsettled judgments; review of existing license every 12 months. 
(a)	If the Department determines that a housemover has engaged in unsafe practices, all licenses, permits, and authorizations issued pursuant to this Article, and any required revenue licenses, shall be summarily revoked.
(b)	If the Department determines that a housemover has two or more unsettled judgments that have been properly filed, registered, or domesticated in this State, all licenses, permits, and authorizations issued pursuant to this Article, and any required revenue licenses, shall be summarily revoked.
(c)	A housemover that is properly licensed by the State and that is currently authorized by the Department of Transportation to conduct business shall have the status of any license issued reviewed at least once every 12 months to ensure the business is actually engaged in the business of housemoving. If the Department determines that an individual or business is no longer actively engaged in housemoving or determines that a partnership, firm, or corporation has been dissolved for any reason, all licenses, permits, and authorizations issued pursuant to this Article, and any required revenue licenses, shall be summarily revoked."
SECTION 6.  This act becomes effective January 1, 2008, and applies to offenses committed on or after that date.