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Introduced Version Senate Bill 638 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 638

By Senator Sypolt

[Introduced March 17, 2017; Referred
to the Committee on Government Organization]

A BILL to amend and reenact §21-11-7 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Contractor Licensing Act; providing examination requirements for obtaining a license; and exempting applicant from taking the business and law portion of the examination.

Be it enacted by the Legislature of West Virginia:


That §21-11-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.


§21-11-7. Application for and issuance of license.

(a) A person desiring to be licensed as a contractor under this article shall submit to the board a written application requesting licensure, providing the applicant's social security number and such other information as the board may require on forms supplied by the board. The applicant shall pay a license fee not to exceed $150: Provided, That electrical contractors already licensed under section four, article three-b, chapter twenty-nine of this code shall pay no more than $20.

(b) A person holding a business registration certificate to conduct business in this state as a contractor on September 30, 1991, may register with the board, certify by affidavit the requirements of subsection (c), section fifteen of this article and pay such license fee not to exceed $150 and shall be issued a contractor's license without further examination: Provided, That no license may be issued without examination pursuant to this subsection after April 1, 2002: Provided, however, That any person issued a contractor's license by the board pursuant to this subsection may apply to the board for transfer of the license to a new business entity in which the license holder is the principal owner, partner or corporate officer: Provided further, That a license holder may hold a license on behalf of only one business entity during a given time period. The board may transfer the license issued pursuant to this subsection to the new business entity without requiring examination of the license holder

(c) A person required to pass a written examination required by this section and by the West Virginia Contractor Licensing Board may be exempt from the board’s requirement that the person pass a West Virginia business and law examination if that person presents to the board:

(1) An affidavit from a certified public accountant or a public accountant licensed in this state pursuant to article nine, chapter thirty of this code, stating that the applicant for a license under this article has retained the services of the certified public accountant or the public accountant monthly to file all business state and federal tax forms and reports required by the state or federal government and that the certified public accountant or the public accountant is in good standing with all business and tax filings and reports required by the state, together with evidence of good standing in the state and that the certified public accountant or the public accountant has handled this type of work in West Virginia in the past five years; and

(2) The name, fiscal address, location and telephone number of the certified public accountant or the public accountant, together with any other information that the board may require.

The certified public accountant or the public accountant shall notify the board by certified or registered mail within fifteen days if their services to the license holder are terminated for any reason. The contractor then has fifteen days to obtain the services of another certified public accountant or public accountant and so notify the board. If this is not done, the contractor’s license shall be suspended until the contractor passes the business and law examination or presents evidence that another certified public accountant or public accountant has been retained.

(d) The board may charge a fee related to granting the exemption from taking the business and law examination.

NOTE: The purpose of this bill is to provide an exemption from taking the business and law portion of the examination for a license under the West Virginia Contractor Licensing Act when an applicant presents evidence of retaining a certified public accountant or public accountant to file business and tax filings required by the state and federal government.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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