Bill Summary for H 435 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO UPDATE AND CLARIFY THE NORTH CAROLINA ENGINEERING AND LAND SURVEYING ACT, MODIFYING LICENSURE REQUIREMENTS, BOARD POWERS, DISCIPLINARY PROCEDURES, AND OTHER PROVISIONS TO ENHANCE PROFESSIONAL REGULATION AND PRACTICE.Intro. by Arp, Setzer, Riddell, Campbell.
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Bill summary
Section 1.
Retroactive to July 1, 2022, reenacts the following provisions repealed by Section 1 of SL 2022-1: (1) defined term land surveyor intern in GS 89C-3(4) and reorganizes the provision to GS 89C-3(4b) and (2) GS 89C-13(b)(1). Applies to certificates or licenses issued on or after July 1, 2022.
Section 2.
Makes technical change to defined term practice of land surveying in GS 89C-3.
Removes required three character references as part of an application for certification as engineering intern, or licensure as a land surveyor intern by the State Board of Examiners for Engineers and Surveyors (Board) under GS 89C-13 as reenacted by the act. Makes technical and organizational changes. Removes duplicate and outdated language.
Allows for attorneys’ fees up to $5,000 and costs, including investigative and prosecutorial costs under GS 89C-10 (powers of the Board), when the Board prevails in actions under GS 89C-10 (powers of the Board) that seek an enforcement through injunctions, in circumstances described. Allows the Board to expend its funds to support nonprofit engineering and surveying professional societies, as well as nonprofit foundations dedicated to advancing the engineering and surveying professions, for the purposes of encouraging licensure and providing continuing education to licensees. Makes technical changes.
Now requires in GS 89C-12 the Board’s roster showing the names and places of business and residence of all licensed professional engineers and all licensed professional land surveyors to be published on the Board’s website (was, prepared by the Board secretary current to January of each year). Makes technical changes.
Removes provisions (1) limiting renewal fees for corporations at $75, (2) pertaining to renewal fees for business firms, and (3) concerning re-examination if the candidate fails the entrance exam from GS 89C-14 (license fees). Makes technical changes.
Makes technical changes and makes conforming change to account for repeal of GS 89C-25(7) to GS 89C-16.
Removes licensure expiration dates in GS 89C-17 (expirations and renewal) and instead allows for the expiration date to be set by the Board. Expands the scope of the statute to include licenses held by corporations. Allows the Board, by rule, to enact a multiyear renewal cycle. Removes provisions pertaining to renewals when the Board feels it necessary to protect public health and providing for a renewal fee not to exceed $75. Provides for renewal notice to be sent by the Board (was, Board secretary sends the notice). Modifies the renewal time period as described. Replaces references to “certificate” with “license.” Removes language requiring the renewal notice to be sent by email or mail. Allows for a renewal fee not to exceed $100 per calendar year of the renewal period. Increases the reinstatement fee cap from $100 to $200. Requires each licensed business firm and corporation to inform the Board promptly concerning any changes to their business name, address, locations, ownership, officers, or services being offered. Makes technical and conforming changes.
Makes organizational and technical changes to GS 89C-23 (unlawful practices). Prevents an unlicensed person from representing themselves as a professional engineer or holding out to the public any engineering expertise with the intent to practice engineering. Exempts activities described in GS 89C-25 (limitations of GS Chapter 89C).
Adds testifying as a lay or expert witness at a deposition or trial as well as the preparation and drafting of an expert report in preparation for testifying as an expert at a deposition or trial as one of the activities not limited by GS Chapter 89C.
Repeals GS 89C-25.2 (concerning program of licensure by discipline).
Section 3.
Recodifies GS 89C-19.2 (limited right of entry by professional land surveyors) as GS 14-159.15.
Section 4.
Authorizes the Board to adopt rules to implement the act.
Section 5.
Effective October 1, 2025, except as otherwise provided.