AN ACT TO REVISE THE EDUCATION REQUIREMENTS FOR LICENSURE OF A PROFESSIONAL LAND SURVEYOR, TO MAKE VARIOUS TECHNICAL CHANGES, TO CLARIFY THE DESIGN-BUILD AND DESIGN-BUILD BRIDGING STATUTES, TO PROHIBIT WAIVER OF FUTURE CLAIMS FOR PROGRESS PAYMENTS ON CONSTRUCTION CONTRACTS, TO REQUIRE ATTORNEYS' FEES IN CERTAIN LIEN CLAIMS, AND TO DEFINE THE TERM "SUPPLIER" AS USED IN A PROVISION OF THE ALCOHOL CONTROL LAWS. SL 2022-1. Enacted Jan. 26, 2022. Effective Jan. 26, 2022, except as otherwise provided.
SURVEYOR LIC. & ED. REQ'S/CONSTR. CONTRACT REV'S. (NEW)
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AN ACT TO REVISE THE EDUCATION REQUIREMENTS FOR LICENSURE OF A PROFESSIONAL LAND SURVEYOR, TO MAKE VARIOUS TECHNICAL CHANGES, TO CLARIFY THE DESIGN-BUILD AND DESIGN-BUILD BRIDGING STATUTES, TO PROHIBIT WAIVER OF FUTURE CLAIMS FOR PROGRESS PAYMENTS ON CONSTRUCTION CONTRACTS, TO REQUIRE ATTORNEYS' FEES IN CERTAIN LIEN CLAIMS, AND TO DEFINE THE TERM "SUPPLIER" AS USED IN A PROVISION OF THE ALCOHOL CONTROL LAWS.Intro. by McInnis.
SOG comments (2):
Long title change
Conference report to the 4th edition changed the long title. Previous long title was AN ACT TO REVISE THE EDUCATION REQUIREMENTS FOR LICENSURE OF A PROFESSIONAL LAND SURVEYOR, TO MAKE VARIOUS TECHNICAL CHANGES, TO CLARIFY THE DESIGN-BUILD AND DESIGN-BUILD BRIDGING STATUTES, TO PROHIBIT WAIVER OF FUTURE CLAIMS FOR PROGRESS PAYMENTS ON CONSTRUCTION CONTRACTS, AND TO REQUIRE ATTORNEYS' FEES IN CERTAIN LIEN CLAIMS.
Bill History:
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Tue, 9 Mar 2021 Senate: Filed
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Tue, 9 Mar 2021 Senate: Filed
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Wed, 10 Mar 2021 Senate: Passed 1st Reading
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Wed, 10 Mar 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 10 Mar 2021 Senate: Passed 1st Reading
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Wed, 10 Mar 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 19 Apr 2021 Senate: Withdrawn From Com
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Mon, 19 Apr 2021 Senate: Withdrawn From Com
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Wed, 28 Apr 2021 Senate: Reptd Fav Com Substitute
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Wed, 28 Apr 2021 Senate: Com Substitute Adopted
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Wed, 28 Apr 2021 Senate: Re-ref Com On Judiciary
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Wed, 28 Apr 2021 Senate: Reptd Fav Com Substitute
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Wed, 28 Apr 2021 Senate: Com Substitute Adopted
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Wed, 28 Apr 2021 Senate: Re-ref Com On Judiciary
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Tue, 4 May 2021 Senate: Reptd Fav
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Tue, 4 May 2021 Senate: Reptd Fav
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Tue, 4 May 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 4 May 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 4 May 2021 Senate: Reptd Fav
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Tue, 4 May 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 5 May 2021 Senate: Reptd Fav
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Wed, 5 May 2021 Senate: Reptd Fav
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Thu, 6 May 2021 Senate: Withdrawn From Cal
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Thu, 6 May 2021 Senate: Placed On Cal For 05/11/2021
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Thu, 6 May 2021 Senate: Withdrawn From Cal
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Thu, 6 May 2021 Senate: Placed On Cal For 05/11/2021
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Tue, 11 May 2021 Senate: Amend Adopted A1
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Tue, 11 May 2021 Senate: Passed 2nd Reading
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Tue, 11 May 2021 Senate: Passed 3rd Reading
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Tue, 11 May 2021 Senate: Engrossed
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Tue, 11 May 2021 Senate: Amend Adopted A1
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Tue, 11 May 2021 Senate: Passed 2nd Reading
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Tue, 11 May 2021 Senate: Passed 3rd Reading
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Tue, 11 May 2021 Senate: Engrossed
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Wed, 12 May 2021 Senate: Regular Message Sent To House
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Wed, 12 May 2021 House: Regular Message Received From Senate
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Wed, 12 May 2021 Senate: Regular Message Sent To House
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Wed, 12 May 2021 House: Regular Message Received From Senate
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Thu, 13 May 2021 House: Passed 1st Reading
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Thu, 13 May 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
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Thu, 13 May 2021 House: Passed 1st Reading
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Thu, 13 May 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
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Wed, 17 Nov 2021 House: Reptd Fav Com Substitute
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Wed, 17 Nov 2021 House: Cal Pursuant Rule 36(b)
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Wed, 17 Nov 2021 House: Added to Calendar
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Wed, 17 Nov 2021 House: Passed 2nd Reading
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Wed, 17 Nov 2021 House: Passed 3rd Reading
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Thu, 18 Nov 2021 House: Special Message Sent To Senate
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Mon, 22 Nov 2021 Senate: Special Message Received For Concurrence in H Com Sub
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Mon, 22 Nov 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 24 Nov 2021 Senate: Withdrawn From Com
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Wed, 24 Nov 2021 Senate: Placed On Cal For 11/29/2021
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Mon, 29 Nov 2021 Senate: Failed Concur In H Com Sub
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Mon, 6 Dec 2021 Senate: Conf Com Appointed
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Mon, 6 Dec 2021 House: Conf Com Appointed
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Wed, 19 Jan 2022 Senate: Conf Com Reported
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Wed, 19 Jan 2022 Senate: Placed on Today's Calendar
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Wed, 19 Jan 2022 Senate: Conf Report Adopted
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Wed, 19 Jan 2022 House: Conf Com Reported
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Wed, 19 Jan 2022 House: Added to Calendar
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Wed, 19 Jan 2022 House: Conf Report Adopted
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Wed, 19 Jan 2022 Senate: Ordered Enrolled
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Wed, 19 Jan 2022 Senate: Ratified
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Wed, 19 Jan 2022 Senate: Pres. To Gov. 1/19/2022
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Wed, 26 Jan 2022 Senate: Signed by Gov. 1/26/2022
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Wed, 26 Jan 2022 Senate: Ch. SL 2022-1
Bill Summaries:
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Bill S 219 (2021-2022)Summary date: Jan 27 2022 - View Summary
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Bill S 219 (2021-2022)Summary date: Jan 19 2022 - View Summary
Conference report to the 4th edition makes the following changes.
Revises the proposed definition for the term land surveyor apprenticeship added to GS 89C-3 to include land surveyor-related classroom instruction as approved by the State Board of Examiners for Engineers and Surveyors (was, instruction of 480 hours as approved by the Board).
Changes the effective date of the proposed changes to GS Chapter 89C in Section 1 of the act from December 1, 2021, to July 1, 2022, applicable to applications for licensure pursuant to GS Chapter 89C on or after that date.
Modifies the proposed changes to GS 143-128.1A, which governs design-build contracts. Regarding the two project team selection options of a design builder to respond to a governmental entity's request for qualifications, adds to the parameters applicable to design-builders using the second project team selection option, which requires the design-builder to list proposed licensed contractors and design professionals for the project along with an outline of open subcontractor selection and authorizes the design builder to self-perform some of the work with employees of the design-builder. Bars a design-builder using the second project team selection option from entering into negotiated contracts with first-tier subcontractors.
Deletes the proposed changes to GS 143-129, which excluded from the provisions of Article 8, Public Contracts, contracts by a public entity with a design-builder executed pursuant to GS 143-128.1A or GS 143-128.1B, or with a private developer executed pursuant to GS 143-128.1C.
Changes the effective date of the proposed changes to GS Chapter 143, Article 8, from December 1, 2021, to March 1, 2022, applicable to contracts entered into, amended, or renewed on or after that date.
Changes the effective date of proposed GS 22B-5, which invalidates waivers of liens or claims as a condition of progress payment under construction agreements or design professional agreements, from December 1, 2021, to March 1, 2022, applicable to liens attached on or after that date.
Changes the effective date of the proposed changes to GS 44A-35, which amends provisions regarding the award of attorneys' fees by a presiding judge over a suit brought or defended under the provisions of Article 2 or 3 of the Chapter (governing statutory liens on real property and model payment and performance bonds), from December 1, 2021, to March 1, 2022, applicable to claims arising on or after that date.
Adds the following new content. Amends GS 18B-1119, which bars a supplier or its employees, agents, or affiliates from acquiring, possessing, or otherwise maintaining an ownership interest in a wholesaler except as expressly authorized in the Chapter. More specifically prohibits maintaining an ownership interest in its wholesaler (was, a wholesaler). Now defines supplier under the statute to mean a manufacturer, bottler, importer, or owner of one or more brands of malt beverages, unfortified wine, or fortified wine distributed by its wholesaler; excludes a wholesaler that either: (1) possesses a wine importer permit or a malt beverages importer permit or (2) is an importer in another state, provided such malt beverages, unfortified wine, or fortified wine is transferred to it through an unaffiliated and independent third party.
Changes the act's long title.
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Bill S 219 (2021-2022)Summary date: Nov 17 2021 - View Summary
House committee substitute to the 3rd edition makes the following changes.
Makes organizational changes to move the content of the act into Part I. and renumbering the Sections accordingly.
Further amends GS 89C-13 to eliminate certification as a land surveyor intern. Makes a conforming deletion to GS 89C-3, eliminating land surveyor intern as a defined term.
Deletes the proposed changes to the education, experience, and testing requirements of GS 89C-13(b) concerning licensure requirements for professional land surveyors. Instead amends the licensure requirements of the statute as follows. Now requires satisfaction of one of the following combinations of education and experience to be licensed as a professional land surveyor: (1) a Board-approved bachelor's of science in surveying or other equivalent curricula and at least two years of progressive practical experience under a practicing land surveyor (existing law requires only one year experience under a practicing professional land surveyor if the applicant has passed the first examination), successfully passing the first and second examinations (Fundamentals of Land Surveying, and Principles and Practice of Land Surveying, respectively) and other examinations required by the Board to determine and indicate the individual's competency to practice; (2) an associate degree in surveying technology and at least five years of progressive practical experience under a practicing licensed professional land surveyor (existing law requires between four and eight years of experience, with three or four years under a practicing professional land surveyor, based on whether the applicant has passed the first examination by a certain date), successfully passing the first and second examinations and other examinations required by the Board to determine and indicate the individual's competency to practice; (3) graduation from a high school or completion of a high school equivalency certificate and at least nine years of progressive practical experience under a practicing professional land surveyor (existing law requires between seven and 16 years of practical experience, with between six and nine years of experience under a practicing professional land surveyor, based on whether the applicant has passed the first examination by a certain date), successfully passing the first and second examinations, and other examinations required by the Board to determine and indicate the individual's competency to practice; and (4) graduation from a high school or the completion of a high school equivalency certificate, completion of a Land Surveyor Apprenticeship, now defined in GS 89C-3, and at least seven years of progressive practical experience under a practicing professional land surveyor, successfully passing the first and second examinations and other examinations required by the Board to determine and indicate the individual's competency to practice (entirely new qualifications). Makes conforming changes.
Further amends GS 89C-10 to require the Board to review and promulgate rules establishing continuing education requirements for surveyor apprenticeships and encourage workforce development of the profession.
Changes the effective date of the proposed changes to GS Chapter 89C to December 1, 2021 (was, October 1, 2021), applicable to applications for licensure on or after that date.
Adds the following new content, organized as Part II. of the act.
Makes the following changes to GS 143-128.1A, which governs design-build contracts. Adds to the defined terms: design professional; first-tier subcontractor; licensed contractor; licensed subcontractor; and unlicensed subcontractor. Modifies the project team selection options for the statement a design-builder must include in its response to a governmental entity's request for qualifications as follows, with the governmental entity permitted to specify which option is to be used in a response. Requires either a list of the licensed contractors, licensed subcontractors, and design professionals (was, licensed design professionals) whom the design-builder proposes to use for the project's design and construction, or a list of the licensed contractors and design professionals whom the design-builder proposes to use for the project's design and construction and an outline of the strategy the design-builder plans to use for open subcontractor selection (was, open contractor and subcontractor selection) based on Article 8 (previously did not require a list in addition to the strategy outline option). In either case, now allows the design-builder to self-perform some or all of the work with employees of the design-builder. If using the first project team selection option, allows design-builders to enter into negotiated subcontracts to perform some or all of the work with subcontractors without bidding and whether or not identified on the list, and allows the list to include one or more unlicensed subcontractors the design-builder proposes to use. Also allows for the design-builder to accept bids for the selection of one or more of its first-tier subcontractors under the first option, with or without the use of negotiated subcontracts. Specifies that the required certification of the design-builder regarding the qualification of each design professional on the design-build team must be included in the response to the request for qualifications in subsection (c), as amended, no longer limiting the certification to licensed design professionals on the team only. Now requires the design builder to obtain written approval from the governmental entity prior to changing key personnel listed in either project team selection option (was, required of the first project team selection option only) after the contract has been awarded. Adds a definition for key personnel based on the project team selection option, with (1) licensed contractors, licensed subcontractors and design professionals identified in the response to the request for qualifications under the first option (subsubdivision (c)(8)a.) and (2) licensed contractors and design professionals identified in the response to the request for qualifications under the second option (subsubdivision (c)(8)b.).
Amends GS 143-128.1B concerning public design-build bridging contracts. Adds to the defined terms costs of the subcontractor work, general conditions, and licensed contractor. Prohibits requiring a design-builder to provide the costs of the subcontractor work, defined as the sum of all first-tier subcontract packages bid or proposed to be bid for all construction work under the statute, in the design criteria package. Makes conforming changes. Adds to the required contents of the design criteria package the list of general conditions, as defined, prepared by the governmental entity for which the design-builder is to provide a fixed fee; the form of the contract to be entered into by the successful design-builder to whom the project is awarded, allowing for the contract to include (at the governmental entity's discretion) multiple phases, termination for convenience and rights arising from the contract, and subsequent setting of guaranteed maximum prices; and a statement directing each design-builder to submit in its response to the request for qualifications an explanation of its proposed plan for its good-faith compliance with GS 143-128.2, regarding minority business participation. Now requires the governmental entity's request for proposal to include a statement submitted in a separate sealed envelope, contemporaneously with the response to the RFP, the design builder's fixed fees, separately listed, and excluding the costs of the subcontractor work, for designing and constructing the project pursuant to the criteria of the governmental entity and terms and conditions set forth in the contract: the general conditions identified in the request for proposal, the general construction services not otherwise provided for, and the design-builder's design services necessary to complete the project. Concerning the required statement of project team selection and member qualification, refers to design professionals rather than licensed design professionals.
Amends GS 143-129 to exclude from the provisions of Article 8, Public Contracts, contracts by a public entity with a design-builder executed pursuant to GS 143-128.1A or GS 143-128.1B, or with a private developer executed pursuant to GS 143-128.1C.
Makes the above provisions applicable to contracts entered into, amended, or renewed on or after December 1, 2021.
Enacts new GS 22B-5 deeming void provisions in lien waivers, releases, construction agreements or design professional agreements which purport to require a promisor to submit a waiver or release of liens or claims as a condition of receiving an interim or progress payments due from a promise under a construction agreement or a design professional agreement, unless the provision is limited to the specific interim or progress payment actually received by the promisor in exchange for the lien waiver. Provides two exceptions. Applies to liens attached on or after December 1, 2021.
Amends GS 44A-35, which authorizes the presiding judge over a suit brought or defended under the provisions of Article 2 or 3 of the Chapter (governing statutory liens on real property and model payment and performance bonds) to allow a reasonable attorneys' fee to the attorney representing the prevailing party. Replaces the definition provided for prevailing party to now define the term as the party whose monetary position at the commencement of the trial, arbitration, or hearing is closest to the amount of the judgment or arbitration award, determined by the court or arbitrator based upon the principal amount in controversy between the parties as of the commencement of the trial, arbitration, or hearing resulting in a judgment or arbitration award, considering all relevant facts and circumstances (previously defined as the plaintiff or third party who obtains a judgment exceeding a specified threshold, with an alternate definition for offers of judgment). Now provides for the attorneys' fee to be taxed as part of the court costs with the final judgement or arbitration award. No longer provides for payment of the attorneys' fee by the losing party upon finding that there was an unreasonable refusal by the losing party to fully resolve the matter of the suit or the basis of the defense. Adds the following. Explicitly requires a court or arbitrator to determine the prevailing party as specified in the term's new definition, with parameters given for inclusion of offers or judgment or settlement offers for calculating the amount in controversy. Lists relevant facts and circumstances to be considered in determining the amount of reasonable attorneys' fees and expenses, and allows a party to submit evidence relating to an award of attorneys' fees by affidavit or declaration. Also allows the court to admit other evidence such as live or deposition testimony. Permits submission of expert testimony to support an award. Applies to any claim arising on or after December 1, 2021.
Changes the act's titles.
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Bill S 219 (2021-2022)Summary date: May 11 2021 - View Summary
Senate amendment to the 2nd edition makes the following changes. Amends GS 89C-13 by removing the changes to (b)(1) that changed the requirements to be certified as a land surveyor intern that had decreased the required number of years of practical experience. Amends the requirements for licensure as a professional land surveyor, by reverting to the requirement that only a specified number of the years of progressive practical experience (was, all of those years) to have been under a practicing professional/licensed land surveyor. Amends the requirements to be licensed as a professional land surveyor, by no longer increasing the required number of years of practical experience; also removes the additional requirement of passing the specified exams.
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Bill S 219 (2021-2022)Summary date: Apr 28 2021 - View Summary
Senate committee substitute amends the 1st edition as follows.
Further amends the education, experience and testing requirements of GS 89C-13(b) concerning licensure requirements for professional land surveyors, to revise the certification qualifications for land surveyor interns. Makes a clarifying change to require satisfaction of one of the three existing education or (was and) experience requirements set forth in subdivision (b)(1). Changes the second qualification to include holding an associate degree in surveying technology approved by the Board of Engineers and Surveyors (Board), three rather than four years of progressive practical experience under a practicing professional, and having passed a written and oral exam. Changes the third qualification to include graduation from high school or completion of an equivalency certificate, seven rather than ten years of progressive practical experience under a practicing licensee, and having passed a written and oral exam. Adds to the license requirements for professional land surveyors, providing for passing of the Fundamental of Surveying exam, the Principals and Practices of Land Surveying exam, and and additional written or oral exams required by the Board, as an alternative to meeting the existing qualifying education or experience requirements.
Deletes the proposed changes to GS 89C-10 and instead amends the statute to more specifically deem the investigation of a nonlicensee to be confidential until the Board approves any action authorized under the Chapter against a nonlicensee.
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Bill S 219 (2021-2022)Summary date: Mar 9 2021 - View Summary
Amends the education, experience and testing requirements of GS 89C-13(b) concerning licensure requirements for professional land surveyors. Now requires satisfaction of one of the following combinations of education and experience: (1) a bachelor of science degree in surveying or other equivalent approved curricula and two or more years of practical experience under a practicing professional land surveyor, having passed the Fundamentals of Surveying exam, having passed any additional oral and written exams required by the State Board of Engineers and Surveyors (Board), and applying for and passing the Principles and practices of Land Surveying exam; (2) an associate degree in surveying technology and five (was, four) years or more of progressive practical experience under a practicing licensed land surveyor, having passed the Fundamentals of Surveying exam, having passed any additional oral and written exams required by the Board, and applying for and passing the Principles and Practices of Land Surveying exam; (3) graduation from high school or the equivalent and nine (was, seven) years or more of progressive practical experience under a practicing professional land surveyor, having passed the Fundamentals of Surveying exam, having passed any additional oral and written exams required by the Board, and applying for and passing the Principles and Practices of Land Surveying exam. Eliminates all other existing requirements and limitations in regards to education, experience and testing requirements for licensing of professional land surveyors.
Amends GS 89C-10 to specify that investigations of the Board are no longer confidential upon the Board approving any action authorized by the Chapter against a nonlicensee.
Amends GS 89C-11 to no longer require signed warrants for certified expenditures by the Board in the discharge of its duties.
Amends GS 89C-17 to allow notices of license or certificate expiration to be sent by mail or email (was, only by mail).
Amends GS 89C-22 to require disciplinary charges against a licensee to be in writing or submitted electronically and filed with the Board (previously, required to be in writing and sworn to by the person making the statement).
Applies to applications for licensure on or after October 1, 2021.
House committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO REVISE THE EDUCATION REQUIREMENTS FOR LICENSURE OF A PROFESSIONAL LAND SURVEYOR AND MAKE VARIOUS TECHNICAL CHANGES.