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 and 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. 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. – Either of the following:
a.	Any act that is determined by an enforcing agency or by a court of competent jurisdiction to create a hazard to the motoring public, to violate federal or State occupational safety and health regulations, or to violate any labor laws related to worker safety.
b.	Three crashes or collisions while moving houses if the mover is determined by a court of competent jurisdiction to be at fault in the crash or collision, 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. Creditable 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.
To comply with the requirement of proof of creditable housemoving experience, each applicant not previously licensed by the Department shall submit to the Department an affidavit from a certified public accountant that the applicant has documented employment records for a period of five continuous years from a duly licensed housemover or housemovers. Each applicant shall also submit to the Department affidavits from a previous licensed housemoving employer or employers that provide, in detail, the applicant's full‑time experience, including any supervisory duties and experience."
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 shall be guilty of a Class  1 misdemeanor." 
SECTION 5.  Article 16 of 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 revoked for a period of six months.
(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 revoked for a period of six months.
(c)	A housemover that is properly licensed by the State and that is currently authorized by the Department to conduct business shall have the status of any license issued reviewed at least once every 12 months to ensure the business is actively 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 cancelled.
(d)	If a housemover's license, permit, or authorization is revoked or cancelled under this section, the housemover may seek a review of the record in the case by filing a motion with the superior court of the county in which the housemover does business or with Wake County Superior Court."
SECTION 6.  This act becomes effective January 1, 2008, and applies to offenses committed on or after that date.