Bill Summary for S 55 (2019-2020)

Summary date: 

Feb 13 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 55 (Public) Filed Wednesday, February 13, 2019
AN ACT TO REVISE THE LAW GOVERNING THE LICENSURE OF CERTAIN GENERAL CONTRACTORS TO REQUIRE CONTINUING EDUCATION FOR THE PURPOSE OF ENHANCING THE PROFESSIONAL COMPETENCE AND PROFESSIONAL RESPONSIBILITY OF THOSE LICENSEES.
Intro. by Gunn, Newton, D. Davis.

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Bill summary

Enacts GS 87-10.2, requiring eight hours of continuing education annually as a condition of license renewal for a licensee holding a building contractor, residential contractor, or unclassified license classification. Specifies requirements for entities with one or multiple qualifiers or qualifying parties. Provides framework for the annual requirement, with a mandatory course approved by the State Licensing Board for General Contractors (Board) for two hours and the remaining six being electives. Sets out duties of the Board regarding approval of course content, accreditation, computation of credit, and general compliance procedures. Provides for mandatory and elective course approval and the like. Provides for carrying over of up to four hours of elective course credit to the next calendar year. Sets out requirements to receive course credit, including attending a course taught taught live by a Board approved instructor. Defines live instruction. Authorizes disciplinary action for false certification of course attendance. Requires the Board maintain and distribute coursework records as appropriate.

Establishes the period by which the annual continuing education requirements must be completed from January 1 to November 30 of each calendar year, with a 90-day grace period. Failure to satisfy the requirements by the expiration of the grace period results in license invalidation until all requirements have been met. Allows a licensee to request the Board to place a license in an inactive status if the licensee chooses not to satisfy the continuing education requirements, whereby the license becomes invalid. Requires licensees with inactive licenses to pay the same annual renewal fee as active licensees to maintain inactive status. Specifies further continuing education requirements that must be met for a licensee to return to active status, based on whether the licensee is seeking reinstatement within the first two years after the license becomes inactive. 

Directs the Board to establish the following nonrefundable administrative fees and permits the Board to charge fees in the specified amounts, ranging from $12.50 to $25.00, for the initial and annual review of proposed courses. Requires the Board to charge a fee no more than $5 per credit hour, per qualifier or qualifying party, to an approved course provider for each qualifier or qualifying party completing an approved continuing education course conducted by that provider. 

Authorizes the Board to modify the continuing education requirements by rule in case of certified illness or undue hardship. Further authorizes the Board to adopt rules implementing the statute.

Makes conforming changes to GS 87-10. Deems a license archived and not eligible for renewal after a license has been invalid (was, inactive) for four years.

Directs the Board to adopt temporary rules to implement the act, which are to remain in effect until consistent permanent rules are adopted. Exempts the Board from the fiscal note requirement in adopting its implementation rules. 

Effective January 1, 2020.

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