Bill Summary for S 469 (2015-2016)

Summary date: 

Mar 26 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 469 (Public) Filed Wednesday, March 25, 2015
Intro. by Hartsell.

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Bill summary

Amends GS 93B-1 to now define occupational licensing board as any board, committee, commission, or other agency in the state that receives no state general fund revenue and is given statutory authority to: (1) determine minimum qualifications required for licensure for a particular profession or occupation, (2) issue licenses to qualified applicants, (3) regulate the conduct of licensees within a particular profession or occupation, (4) seek injunctive relief to prohibit unlicensed individuals or entities from engaging in certain activities as defined by statute, and (5) collect fees to support agency operations. Specifies 64 boards that are occupational licensing boards and prohibits adding boards or commissions to the list without approval by the Joint Legislative Administrative Procedure Oversight Committee.

Amends GS 93B-2 to require that the occupational licensing board annual reports also be submitted to the Department of Commerce, State Auditor, Office of State Budget and Management, and the State Controller and no longer requires submission to the Secretary of State or the Attorney General. Adds to the information that must be reported: (1) certification of a proper system of internal control and other financial information; (2) report of all civil penalties, civil forfeitures, and civil fines collected and remitted to the Civil Penalty and Forfeiture Fund; (3) additional information concerning fees; and (4) a financial audit if the board has a budget of at least $50,000. Makes organizational changes. Requires that the reports be posted on the boards' websites. Makes conforming changes to GS 93B-4.

Amends GS 93B-5 to increase the cap on board member payments from $100 to $200 each day during which members are engaged in board business. Amends items for which board members must receive training.

Enacts new GS 93B-17 providing that the venue for occupational licensing boards seeking court orders for injunctive relief or to show cause for failure to comply with a subpoena lawfully issued by the occupational licensing board is the superior court of the county where the defendant resides or in the county where the occupational licensing board has its principal place of business.

Amends GS 115C-457.2 (remittance of money to the Civil Penalty and Forfeiture Fund) to allow boards to satisfy the statute's reporting requirements by including the required information in the board's annual report.

Amends GS 143C-9-4 (biennial fee report) to require the Office of State Budget and Management to obtain the information required in the statute from the board's annual report.

Amends GS 143D-7 (agency management responsibilities) to allow boards to satisfy the statute's reporting requirements by including the required information in the board's annual report.

Amends GS 150B-45 to provide that if a petition for judicial review of a final decision is filed in an incorrect county, the Superior Court may order a change of venue; however, improper venue is not grounds for dismissal of the petition.

Effective January 1, 2016. 

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