Bill Summary for S 219 (2021)

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View NCGA Bill Details2021
Senate Bill 219 (Public) Filed Tuesday, March 9, 2021
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.

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Bill 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.