REGULATORY REFORM ACT OF 2025.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 926 (Public) Filed Thursday, April 10, 2025
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Riddell, Zenger, Chesser.

Status: Ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 14 2025)
H 926

Bill Summaries:

  • Summary date: Apr 11 2025 - View Summary

    Section 1

    Amends GS 90-624 (activities not requiring a license to practice Massage and Bodywork Therapy) to include a nationally certified reflexologist engaged in the practice of reflexology who has a current certification from the American Reflexology Certification Board (ARCB) or its successor entity, or an individual who is a reflexology student working to obtain certification from the ARCB or its successor entity under the supervision of an ARCB-certified reflexologist who obtains certification within 12 months of beginning the certification process. Defines reflexology.

    Effective October 1, 2025.

    Section 2

    Amends GS 115C-407.57(b)(2) to allow a licensed physical therapist to evaluate a student athlete injured in an interscholastic athletic activity for a concussion and give written clearance for participation.

    Section 3

    Enacts new GS 103-19 making the week beginning on the second Sunday in November SUDEP Awareness Week.

    Enacts GS 115C-375.7, cited as the "Shannon Leigh Adcock, Steven Anthony Christos, and Samantha Davis Memorial Act." Establishes a legislative goal to encourage local boards of education to develop and provide seizure awareness training for all teachers and school personnel who may be responsible for students with epilepsy or students that are otherwise predisposed to seizures.

    Section 4

    Amends GS 87-10.2 exempting members of the NCGA from continuing education requirements for building contractor, residential contractor, or unclassified contractor licensees, during a calendar year in where the member is serving a term or portion of a term.

    Section 5

    Amends GS 93D-14 exempting a person who holds a valid unrestricted license as an audiologist, audiology assistant, or certified technical from licensure under GS Chapter 93D (North Carolina State Hearing Aid Dealers and Fitters Board) (was, a person who has both a doctoral degree in audiology and holds a valid permanent license as an audiologist was exempt). Removes provisions: (1) requiring a person to become a registered apprentice or be licensed before fitting or selling hearing aids if they do not have both a doctoral degree in audiology and hold a valid permanent license a an audiologist; and (2) subjecting an audiology assistant or certified technical being supervised by a licensee or a person exempt from licensure to the provisions of GS Chapter 93D and requiring those persons to be registered as an apprentice or licensed before fitting or selling hearing aids.

    Section 6

    Enacts new GS 93D-7.1 requiring a licensed person who sells locked hearing aids to provide the purchaser with the specified written notice about who can service or program the hearing aid, before consummating the sale, and requires it to be signed by the purchaser and retained by the seller. Defines a locked hearing aid as a hearing aid that uses either proprietary programming software or locked, nonproprietary programming software that restricts programming or servicing of the device to specific facilities or providers. Also requires giving the purchaser a written receipt signed by the licensee that contains specified information about the sale and the hearing aid, including specified information about the licensee and any terms of any guarantee or written warranty made to the purchaser with respect to the hearing aid. Requires the licensee to keep specified records for each hearing aid sold, for at least seven years.

    Allows the North Carolina State Hearing Aid Dealers and Fitters Board to adopt rules to implement these requirements.

    Effective October 1, 2025.

    Section 7

    Enacts new GS 90-308, requiring audiologists to meet the same requirements as those in GS 93D-7.1 when fitting or selling locked hearing aids to patients.

    Allows the North Carolina State Hearing Aid Dealers and Fitters Board to adopt rules to implement these requirements.

    Effective October 1, 2025.

    Section 8

    Amends GS 78A-36 to allow a securities salesman to be registered with more than one dealer if the dealers employing or associating with the salesman is under common ownership or control, or the registration is otherwise allowed.

    Section 9

    Subject to approval by the voters at the 2026 general election, amends Article I of the North Carolina Constitution by adding a new Section 39 to prohibit the taking by eminent domain of private property except for a public use only. Directs that just compensation be paid to the private property owner and provides that either party may request that the amount of just compensation be determined by a jury. Provides for method of voting pursuant to GS Chapter 163. Provides that if the majority of votes are in favor of the amendment, the State Board of Elections is to certify the amendment to the Secretary of State and the amendment will become effective upon certification and apply to takings of private property by eminent domain after the certification date.

    Amends GS 40A-3(a), (b), and (b1) restricting private condemnors and local public condemnors to exercising the power of eminent domain for a public use only (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to also include corporations, bodies politic, or persons exercising eminent domain for communication facilities (previously, specified telegraphs and telephones), facilities related to the distribution of natural gas, and pipelines or mains for the transportation of natural gas (was, gas). Makes additional clarifying changes.

    Also amends subsection (c) to limit takings by political entities (other public condemnors) to the exercise of eminent domain for public use only (was, public use or benefit).

    Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this statute, for the public use, have the power of eminent domain and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.

    Changes to GS 40A-3 are effective when the act becomes law, applying to takings occurring on or after that date. 

    Section 10

    Directs the Residential Code Council (Council) to amend the Residential Code (Code) in order to permit dimension lumber that has not been grade-stamped under the authority of a lumber grading bureau to be used in the construction of one-and two-family dwellings, so long as these criteria are met: (1) that the lumber is sold directly by the sawmill owner or employee to the dwelling owner or owner's authorized representative; (2) the dimension lumber meets or exceeds all other Code requirements; (3) the sawmill operator has a certificate from a state-approved lumber grading training program, certifying that the lumber conforms with product and inspection standards under American Softwood Lumber Standard PS20 and marks the lumber as required; (4) that the appropriate code enforcement official reviews the dwelling's framing to ensure it meets all other requirements, with immunity from civil and professional liability for structural failure resulting from the use of dimension lumber; and (5) the sawmill gives the purchaser a certificate that contains the specified information.

    Also requires the Council to amend the Code and the North Carolina Building Code in order to permit dimension lumber that has not been grade-stamped under the authority of a lumber grading bureau to be used in the construction of one- and two-family dwellings and structures classified as Residential Group R-2 or R-3, when that use meets the same five requirements specified above, except allows the lumber to be sold directly by the owner or employee of a small mill or a mobile sawmill and makes conforming references to such a facility.

    Requires the Council to issue temporary implementing rules no later than 180 days after the statute's effective date. Sunsets these provisions when the Council issues permanent rules substantially similar to the act's provisions and notifies the Codifier of Statutes. 

    Enacts new GS 143-138.2 requiring the NC Cooperative Extension Service to establish a basic lumber grading training program for individuals and establish the general requirements for successful completion of the program, including requirements for initial certification and for recertification. Requires the training to be offered at least annually. Requires the Extension Forestry staff, in cooperation with the staff of the North Carolina Forest Service, to develop and establish the content of the training program, determine the certification requirements for instructors, and determine the criteria for determining successful completion of the training program. Requires instructors to be approved by the North Carolina Cooperative Extension Service. Allows the North Carolina Cooperative Extension Service to allow one or more private lumber grading training programs, provided that the content of the private programs and certification requirements for instructors and criteria for successful completion of the training program are at least as stringent as the program offered by the North Carolina Cooperative Extension Service. Requires an individual holding an initial certification from the program established under this statute, from a private program, or from a state-approved lumber grading program in another state who mills lumber in the State to be recertified under the training program every five years. Requires certified individuals to register with the North Carolina Forest Service before selling lumber that has not been grade-stamped under the authority of a lumber grading bureau directly to the owner of a structure for use in construction of the structure.

    Requires the basic lumber grading training program to be established no later than 180 days after the statute becomes law.

    Amends GS 160D-110 by setting out information that a building permit applicant for a structure constructed with lumber that has not been grade-stamped under the authority of a lumber grading bureau must include with the application.

    Effective on the date that the temporary rules required to be adopted by the Council become effective.

    Section 14

    Amends SL 2023-137 by delaying the effective date of the phasing in of the reporting of certain fish harvest by commercial and recreational fishermen, from December 1, 2025, to December 1, 2026, and delays in the increase in punishment for violations from December 1, 2026, to December 1, 2027.

    Section 15

    Amends GS 150B-23 to require parties to a contested case be given notice of hearing no less than 45 days (was, 15 days) before the hearing. Makes conforming changes to GS 150B-38.

    Section 16

    Enacts new GS 150B-35.1 and amends GS 150B-40 (concerning conducting contested case hearings) prohibiting an agency’s lawyer from communicating about the subject of the representation with a person whom the lawyer knows is represented by another lawyer in the matter, unless they have consent of that person’s lawyer or they are authorized to do so by law or court order. Specifies that it is not a violation for a lawyer to encourage their client to discuss the subject with the opposing party in a good-faith effort to resolve the matter. Violations are considered a violation of Rule 4.2 of the Rules of Professional Conduct, subject to discipline by the State Bar.

    Amends GS 150B-22, encouraging settlement, by specifying that the statue applies to agencies covered by both Article 3 (Administrative Hearings) and Article 3A (Other Administrative Hearings).