House amendment to the 4th edition changes amends the effective date of Part III so that the changes to GS 105-275 (property classified and excluded from the tax base) are effective for taxes imposed for taxable years beginning or after July 1, 2025. The remainder of Part III is effective when it becomes law.
Bill Summaries: S 640 AMEND OCCUPATIONAL LICENSING BOARD STATUTES. (NEW)
Printer-friendly: Click to view
-
Bill S 640 (2023-2024)Summary date: Jun 26 2024 - View Summary
-
Bill S 640 (2023-2024)Summary date: Jun 26 2024 - View Summary
House committee substitute to the 3rd edition makes the following changes.
Amends proposed GS 93B-17 by removing the requirement that any interpretation, clarification, or other delineation of the scope of practice of an occupational licensing board be adopted as a rule. Makes conforming organizational changes.
Amends proposed GS 93B-18 by removing from the required statement in the notification that an occupational licensing board gives to unlicensed persons and entities of a possible violation of the law and administrative rules and any civil action or criminal penalty that may be imposed by a court, the following: “You are hereby notified that the opinion expressed herein is not a legal determination.”
Adds the following content and makes organizational changes to the act.
Part II
Retitles GS Chapter 74D, Security Systems (was, Alarm Systems) and makes changes throughout the Chapter to refer to "security systems" rather than "alarm systems." Amends the Chapter as follows. Makes the Chapter's language gender neutral.
Defines security systems business to include any person, firm, association, or corporation that, unless exempt, (1) sells or attempts to sell a security system by engaging in any personal solicitation to advise, design, or consult on specific types and specific locations of security system devices and/or (2) installs, services, monitors, or responds to electrical, wireless or hardwired electronic or mechanical alarm signal devices and security systems, integrated automation of a residence or business that includes a security element, burglar alarms, monitored access control, or cameras, analytic capturing devices, systems providing intelligence or other imaging devices used to detect or observe unauthorized or illegal activity. Eliminates the previous exclusion of locking devices that record entry and exit data and do not transmit the data in real time so long as the provider is licensed by the Locksmith Licensing Board; instead provides for this exemption from the Chapter's provisions in GS 74D-3. Defines qualifying agent to mean an individual who is a full-time employee in a management position licensed under the Chapter and who is registered with the Security Systems Board (Board; previously, did not specify full-time employment). Establishes that a business entity required to be licensed under the Chapter is subject to the specified requirements regarding a qualifying agent (previously, subject upon engaging in the business). Allows the business entity to notify the Board by letter or using the Board's online form upon its qualifying agent ceasing to perform his or her duties (previously, only specified notification be in writing). Adds a new provision authorizing the Director of the Board, in his or her discretion, to extend the 90-day period by which the business entity must obtain a substitute qualifying agent for an additional 30 days for good cause upon written request. Prohibits any person (rather than licensee) from serving as the qualifying agent for more than one business entity without Board approval. Makes the qualifying agent responsible for maintaining current contact information with the Board. Adds minimum qualifications for qualifying agents in addition to age, experience, and character qualifications in existing law. Requires the applicant to have successfully completed or kept current a specified technician course offered by the Electronic Security System Associations or equivalent approved by the Board (as an alternative to having the existing requirement for required training, qualifications, and experience to be licensed), and to have proof of how in-state activities of the licensee are to be monitored. Concerning the applicant character, includes a prayer for judgement continued, adjudication withheld, or an equivalent. Requires that the applicant prove how in-State licensee activities are to be monitored. Eliminates the authority of the Board to require an examination of applicants. Requires out-of-State monitoring companies not licensed in any state to be licensed by the Board and register their employees, but does not require out-of-State monitoring companies licensed in another state to register their employees upon receipt by the Board of a certificate of good standing from that state.
Regarding criminal background checks of applicants for licensure or registration, replaces references to the Department of Public Safety with the State Bureau of Investigation (SBI). Authorizes the SBI to provide criminal record checks for applicants through the Board. Authorizes the SBI to charge applicants a fee for conducting the criminal history checks and specifies that the fee is to be collected by the Board and transmitted to the SBI. Makes an exception to the confidentiality provisions set forth for information obtained through an applicant's criminal history check, allowing such information to support the denial of an application or a disciplinary matter in a contested case.
Modifies the Chapter's exemptions as follows. Exempts installation or service (was, installation only) of an electronic security system on property owned or leased to the installer, entities through which a customer accesses marketing or advertising material or installation instructions for a security system, and installation or service of a locking device that records entry and exit data and does not transmit the data in real time to a monitoring location so long as the installer is licensed. Eliminates the exemptions for out-of-State monitoring companies and persons or businesses providing services to a State agency or local government for five or more years. Makes organizational and clarifying changes. Allows a licensee to use (was, hire) a consultant or a manufacturer's representative (was, consultant only) to troubleshoot a location or installation if accompanied by the licensee and the licensee reports to the Board within 30 days designating the temporary consultant; eliminates the existing cap allowing for use of the consultant only up to 48 hours in a one-month period.
Renames the Alarm Systems Licensing Board the Security Systems Licensing Board (Board). Excepts the Secretary of Public Safety or a designee from the prohibition against a Board member serving more than two complete three-year consecutive terms. Requires the Board to set a travel allowance in addition to per diem compensation of members who are not also State officers or employees. Makes further technical changes.
Modifies and adds to the powers of the Board as follows. Authorizes the Board to determine minimum qualifications and establish minimum education, experience, and training standards for registrants in addition to applicants and licensees and conduct investigations of alleged violations to determine if unlicensed individuals or entities are in violation of the Chapter, in addition to investigating licensees' and registrants' compliance with the Chapter. Authorizes the Board to issue written cease and desist orders for violations with the concurrence of the Secretary of Public Safety. Allows the Board to take disciplinary action against registrants who fail to satisfy requirements of the Chapter or the Board. Additionally, grants the Board the power to acquire, hold, rent, encumber, alienate and deal with real property as a private person or corporation, subject to approval of the Governor and the Council of State. Limits collateral pledged by the Board for an encumbrance to the assets, income, and revenues of the Board. Deems the regulation of security system business exclusive to the Board, though permits local government to require registration and reporting of businesses operating within its jurisdiction and even require revocable permits when alarm usage involves automatic signal transmission to law enforcement, which was previously located in GS 74D-11. Makes language gender neutral.
Expands the investigative powers of the Secretary of Public Safety to include complaints, allegations, or suspicions of wrongdoing or violation of the Chapter involving unlicensed individuals in addition to licensed or to-be-licensed individuals.
Amends GS 74D-6, as follows. Modifies the grounds for the denial of registration to include conviction of any crime involving the illegal use, carrying, or possession of a firearm; felonious assault or an act of violence; felonious sexual offense; felonious larceny; or felonious fraud (was, conviction of any crime involving fraud only). Defines conviction. Now provides that the specified misdemeanor convictions are prima facie evidence that the applicant lacks good moral character and temperate habits. Includes in the specified misdemeanor convictions crimes involving assault (was, felonious assault) and sexual offenses; no longer includes offenses involving moral turpitude; adds to the definition of conviction. Lastly, establishes being registered as a sex offender in any state as grounds for denial of registration.
Revises the described employees of a licensee who must register under GS 74D-8 to include employees who conduct personal sales in a private residence or who install or service a security system in a private residence. Amends the requirements to be met by the licensee of a security systems business when registering the licensee’s employees with the Board under GS 74D-8 as follows. More specifically prohibits a licensee from employing any employee required to register under the Chapter until the Board approves the registration. Adds a provision allowing a licensee to employ an applicant as a probationary employee for 20 consecutive days. In order to continue employment as a regular employee, requires registration of the employee within 30 days after the probationary employment ends unless the Director, in his or her discretion, extends the time for good cause. Requires a probationary employee to complete training and requires a criminal record check before the probationary employee engages in services. Requires the licensee to give the Director a list of probationary employees monthly and specifies information that must be provided.
Amends GS 74D-8.1 by amending the requirements for an apprentice registration permit to no longer require applicants to be currently enrolled in high school or to have a valid driver's license. Makes a conforming deletion of the requirement that one of the applicant’s letters of recommendation be from an official at the applicant’s school.
Amends GS 74D-9 by increasing the required minimum amount of liability insurance to: (1) $250,000 (was, $50,000) because of bodily injury or death of one person as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of employment and $500,000 (was, $100,000) because of bodily injury or death of two or more persons and (2) $100,000 (was, $20,000) because of injury to or destruction of property of others as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of their agency.
Amends GS 74D-10 by amending instances in which the Board may suspend or revoke a license or registration as follows: (1) violations of any rule adopted (was, any rule promulgated) by the Board; (2) convictions of any felony in GS 74D-6(2) (conviction of a crime involving fraud; the illegal use, carrying, or possession of a firearm; felonious assault or an act of violence; felonious sexual offense; felonious larceny; or felonious fraud), or any crime involving moral turpitude under GS 74D-6(3) (lack of good moral character or temperate habits) (was, convictions of any crime involving moral turpitude or any other crime involving violence or the illegal use, carrying, or possession of a dangerous weapon only); (3) engaging in or permitting any employee to engage in any security systems business without possessing a valid registration (was, a valid license); (4) clarifies that the instances include failure to maintain the required certificate of liability insurance; and (5) adds that engaging in conduct that constitutes dereliction of duty or deceiving, defrauding, or harming the public in the course of professional activities or services includes fraudulently claiming a change in business ownership, fraudulently claiming dissolution of a competing business, fraudulently claiming to be a representative of the consumer's current service provider, misrepresentation of employer, or misrepresenting an upgrade of equipment as a sales tactic.
Deletes GS 74D-13, which is an outdated provision.
Amends GS 74D-30 by renaming the Alarm Systems Education Fund as the Security Systems Education Fund and makes additional technical and conforming changes. Makes conforming changes to the title of Article 2.
Amends GS 74D-7, to specify that branch office certificates must be obtained by branch offices in the State with a security systems business. Extends the period for temporary approval by the Director of the Board from 10 working days to 45 days. No longer allows a licensed agent to be responsible for more than one branch office with prior approval from the Board.
Effective October 1, 2024.
Part III
Amends GS 105-275 (Property classified and excluded from the tax base) to create a new classification excluded from tax, qualified business property, which is personal property that when fully functional would be used for production of income or in connection with a business, but due to malfunction or nonfunction has a value not greater than scrap. Amends GS 105-307 (Length of listing period; extension; preliminary work) to extend the period for listing property for taxation to April 15 (was, January 31), and to repeal the general extensions provisions of subsection (b). Amends subsection (c) to allow for grants of individual extensions if the county has provided for electronic listing of personal property under GS 105-310.1, and limits the extension time to no later than June 1.
Effective and applicable to taxes imposed for taxable years beginning on or after July 1, 2025.
Part IV
Amends GS 90-629 to require applicants for licensure as a massage and bodywork therapist to have completed a training program that includes at least 650 hours (was, at least 500 hours) of in-class hours of supervised instruction. Applies to licenses issued on or after July 1, 2024.
Makes conforming changes to the act’s long title.
-
Bill S 640 (2023-2024)Summary date: Jun 12 2024 - View Summary
House committee substitute to the 2nd edition removes the content of the previous edition and replaces it with the following.
Amends GS 93B-5 by adding to the training required for occupational licensing board members training on antitrust law and State action immunity.
Enacts new GS 93B-17 requiring each occupational licensing board (board) to adopt rules for the receipt and resolution of complaints for taking disciplinary or enforcement actions against both its licensees and persons not licensed by the board. Requires that any interpretation, clarification, or delineation of the scope of practice of a board be adopted as a rule.
Enacts new GS 93B-18 giving a board the authority to investigate unlicensed activity and to notify those persons and entities of possible violations of the law and administrative rules and any action or penalty that may be imposed. Prohibits such a notification from indicating that the board has made any findings of a violation but may indicate the opinion that an act may be a violation, including facts on legislation and court proceedings concerning the violation, and providing notice of the board’s intent to purse administrative remedies or court proceedings with regard to the potential violation. Sets out a statement concerning the board and court’s authority over violations and the individual’s right to request a declaratory ruling that must be included when a board notifies an unlicensed person of a possible violation.
Enacts new GS 93B-19, which sets the venue for a board seeking a court order for injunctive relief or to show cause for failure to comply with a board’s subpoena in the superior court of the county where the defendant resides or in the county where the board has its principal place of business.
Enacts new GS 93B-20 allowing a board to appear in its own name in superior court in actions for injunctive relief to restrain the violation of the provision of a statute administered by the board or rule or order of the board. Gives the superior court jurisdiction to grant these injunctions and restraining orders or to take other appropriate action, even if criminal prosecution may be instituted because of the violation. Prohibits a board from issuing orders independently of the superior court unless it is specifically authorized to by law.
Enacts new GS 93B-21 setting out the State’s policy that jurisdictional disputes among boards be resolved through informal procedures. Provide that if informal procedures fail, an affected board may commence an administrative proceeding by filing a petition with the Office of Administrative Hearings (OAH). The dispute will become a contested case and must be conducted by OAH under Articles 3 (Administrative Hearings) and 4 (Judicial Review) of GS Chapter 150B.
Enacts new GS 93B-22 requiring each board to develop and implement a complaint process that provides: (1) a description of the complaint process on the board's website, including types of violations that are under the board’s jurisdiction; (2) electronic complaint submission through the board's website; and (3) the ability to provide complainants with a written description of the final disposition of each complaint.
Makes conforming changes to the act’s titles.
-
Bill S 640 (2023-2024)Summary date: Apr 26 2023 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 15A-211, by removing the changes that would have made laws governing electronic recording of juvenile interrogations applicable to (1) all law enforcement interviews and custodial interrogations of juveniles in criminal investigations conducted at any place of detention, and (2) any law enforcement interview or custodial interrogation of any person in a felony criminal investigation conducted at any place of detention. Makes conforming changes by removing interviews throughout the statute, including deletions of changes to the Article's title, the statute's caption, and the statute's stated purpose.
Reinstates the provision specifying that nothing in the Article precludes the admission of a statement given at a time when the interrogators are unaware that the person is suspected of an offense to which the Article applies.
Amends GS 15A-266.7 to require the Crime Lab to notify the office of the district attorney for all CODIS matches (was, to adopt procedures for the notification of the Indigent Defense Services for postconviction CODIS hits that are exculpatory in nature).
Adds new Article 54, Reliability of In-Custody Informant Statements, to GS Chapter 15A, providing as follows. Requires all interviews of in-custody informants to be recorded using a visual recording device that provides an authentic, accurate, unaltered, and uninterrupted record of the interview that clearly shows both the interviewer and the in-custody informant. Defines in-custody informant as a person, other than a co-defendant, accomplice, or co-conspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail or a State correctional institution or otherwise confined, where statements relate to offenses that occurred outside of the confinement. Prohibits destroying or altering any electronic recording of an in-custody informant interview until one year after the completion of all State and federal appeals of the conviction, including the exhaustion of any appeal of any motion for appropriate relief or habeas corpus proceedings. Requires law enforcement to clearly identify and catalogue every electronic recording. Applies to offenses committed on or after October 1, 2023.
-
Bill S 640 (2023-2024)Summary date: Apr 6 2023 - View Summary
Amends GS 15A-211, making laws governing electronic recording of juvenile interrogations applicable to (1) all law enforcement interviews and custodial interrogations of juveniles in criminal investigations conducted at any place of detention (previously limited to custodial interrogations only), and (2) any law enforcement interview or custodial interrogation of any person in a felony criminal investigation conducted at any place of detention (previously, any custodial interrogation of any person in a criminal investigation conducted at any place of detention if the investigation is related to any Class A, B1, or B2 felony, and any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflecting serious injury). Makes conforming changes to the Article's title, the statute's caption, and the statute's stated purpose.
Revises the definition of "in its entirety" as it applies to the Article to include an uninterrupted record that begins at the start of the interview of custodial interrogation and ends when the interview or custodial interrogation has completely finished. Eliminates the requirement for the record to clearly show both the interrogator and the person in custody; instead requires any visual recording to show the interviewer and the suspect or the interrogator and the suspect. Adds that the record must reflect all starting and ending times and dates, as well as the starting time and date of the recess and resumption of the interview or interrogation.
Replaces the previous provisions regarding electronic recording requirements. Enacts a substantively similar requirement to require any law enforcement officer conducting an interview or custodial interrogation of a juvenile involved in a criminal investigation or any person involved in a felony criminal investigation, at a place of detention, to make an electronic recording of the interview or custodial interrogation in its entirety.
Makes the provisions regarding the admissibility of electronic recordings applicable to recordings of interviews.
Enacts a new subsection to require recordings of non-defendant interviews or custodial interrogations to be provided to the juvenile or criminal defendant as part of discovery requirements under GS Chapters 7B and 15A.
Extends authority of the court in adjudicating motions to suppress a statement of the defendant made during a custodial interrogation which does not comply with the Article's requirements to also suppress statements made during an interview which does not comply with the Article's requirements.
Adds that the Article does not preclude admission of a statement made in an interview that is conducted in another state by law enforcement officers of that state. No longer explicitly provides that the Article does not preclude a statement given at a time when the interrogators are unaware that the person is suspected of an offense to which the Article applies.
Makes the prohibition against destroying or modifying electronic recordings for one year following the completion of all State and federal appeals of the related conviction apply to recordings of interviews. Adds that electronic recordings of non-defendant interviews or custodial interrogations can be destroyed at the conclusion of the State appeal process.
Effective October 1, 2023, and applies to interviews and custodial interrogations occurring on or after that date.
Effective October 1, 2023, amends GS 15A-266.7, requiring the State Crime Lab to adopt procedures for the notification of the Indigent Defense Services for postconviction CODIS hits that are exculpatory in nature.