GSC LICENSING BOARDS AND COMM'NS/RULE CRIMES.

View NCGA Bill Details2021
House Bill 68 (Public) Filed Wednesday, February 10, 2021
AN ACT TO ELIMINATE PROVISIONS THAT BROADLY CRIMINALIZE VIOLATIONS OF RULES OF CERTAIN LICENSING BOARDS AND COMMISSIONS AND TO MAKE TECHNICAL AND CONFORMING AMENDMENTS IN THE SURROUNDING LANGUAGE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Davis.

Status: Ch. SL 2021-84 (Jul 8 2021)
H 68/S.L. 2021-84

Bill Summaries:

  • Summary date: Jul 8 2021 - More information

    AN ACT TO ELIMINATE PROVISIONS THAT BROADLY CRIMINALIZE VIOLATIONS OF RULES OF CERTAIN LICENSING BOARDS AND COMMISSIONS AND TO MAKE TECHNICAL AND CONFORMING AMENDMENTS IN THE SURROUNDING LANGUAGE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. SL 2021-84. Enacted July 8, 2021. Effective Dec. 1, 2021.


  • Summary date: Feb 10 2021 - More information

    Amends GS 53-166 to no longer make violations of regulations adopted by the Banking Commission under Article 15, the NC Consumer Finance Act, a Class 1 misdemeanor. Deems void any loan contract made or collected in violation of the Article's provisions or rules (rather than regulations) adopted under the Article. Makes technical and clarifying changes. 

    Amends GS 65-71 to no longer make violations of rules, orders, or licenses adopted or issued under Article 9, the NC Cemetery Act, a Class 1 misdemeanor. Makes technical changes.

    Amends GS 74C-17 to no longer make violations of rules adopted to implement GS Chapter 74C, Private Protective Service, a Class 1 misdemeanor. Makes technical changes and makes language gender neutral. 

    Amends GS 74D-11 to no longer make violations of rules adopted to implement GS Chapter 74 D, the Alarms Systems, a Class 1 misdemeanor. Makes technical changes and makes language gender neutral. 

    Amends GS 87-48 to no longer make violations of rules adopted by the State Board of Examiners of Electrical Contractors under Article 4, Electrical Contractors, a Class 2 misdemeanor.

    Amends GS 90-48 to authorize the State Board of Dental Examiners (State Board) to adopt rules, rather than rules and regulations, governing the practice of dentistry consistent with Article 2, Dentistry. Makes conforming deletions. No longer makes violations of rules, regulations, or bylaws adopted under the Article a Class 2 misdemeanor. Now provides that GS Chapter 150B (the Administrative Procedure Act) governs such rulemaking by the State Board, rather than detailing specific parameters for rulemaking in the statute. Additionally, requires the State Board to make the Article, the State Board's rules, and upon request by a licensed dentist, a directory of dentists, available to each licensed dentist (previously, required the Board to issue a compilation or supplement of the Dental Practice Act, and the Board's rules and regulations every two years, and upon written request by a licensed dentist, a directory of dentists). Makes technical changes.

    Amends GS 90-124 to no longer make violations of rules or regulations adopted by the State Board of Examiners of Optometry (State Board) a Class 2 misdemeanor. Now provides that GS Chapter 150B governs rulemaking by the State Board, rather than detailing specific parameters for rulemaking in the statute. Additionally, requires the State Board to make the Article, the State Board's rules, and a directory of optometrists available to each licensed optometrist (previously, required the Board to issue a compilation or supplement of the Optometrist Practice Act, and the Board's rules and regulations every two years, and upon written request by a licensed optometrist, a directory of optometrists). Makes conforming and technical changes to GS 90-121.1; makes language gender neutral.

    Amends GS 90-288 to no longer make violations of rules and regulations adopted under Article 20, Nursing Home Administrator Act, a Class 1 misdemeanor. Makes technical and clarifying changes. 

    Amends GS 90A-66 to no longer make violations of rules and regulations adopted by the State Board of Environmental Health Specialist Examiners under Article 4, Registration of Environmental Health Specialist Examiners, a Class 1 misdemeanor. Makes technical changes and makes language gender neutral. 

    Amends GS 131E-81 to no longer make violations of rules adopted by the NC Medical Care Commission under Part 2, Hospital Licensure, of Article 5, Hospital Licensure Act, a Class 3 misdemeanor. Makes technical changes.

    Amends GS 131E-109 to no longer make violations of rules adopted by the NC Medical Care Commission under Part 1, Nursing Home Licensure Act, of Article 6, Health Care Facility Licensure Act, a Class 3 misdemeanor. Makes technical and clarifying changes. 

    Applies to offenses committed on or after December 1, 2021. Includes a savings clause for prosecutions for offenses committed prior to December 1, 2021. 


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