GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 2000-115
The General Assembly of North Carolina enacts:
Section 1. G.S. 89C-14(e) reads as rewritten:
"(e) A candidate failing an examination may apply, and be considered by the Board, for reexamination at the end of six months. The Board shall make such reexamination charge as is necessary to defray the cost of the examination.
A candidate with a combination of three failures or unexcused
absences on an examination shall only be eligible after submitting a new
application with appropriate application fee, fee and documented
evidence of actions taken by the candidate to enhance the candidate's prospects
for passing the exam. A candidate with a combination of three failures or
unexcused absences may only be considered by the Board for reexamination at
the end of 12 months. months following the third failure or unexcused
absence. After the end of the 12-month period, the applicant may take
the examination no more than once every calendar year."
Section 2. G.S. 89C-17 reads as rewritten:
"§ 89C-17. Expirations and renewals of certificates.
Certificates for licensure of corporations and business
firms that engage in the practice of engineering or land surveying shall expire
on the last day of the month of June following their issuance or renewal and
shall become invalid on that date unless renewed. All other certificates Certificates
for licensure shall expire on the last day of the month of December next
following their issuance or renewal, and shall become invalid on that date
unless renewed. When necessary to protect the public health, safety, or
welfare, the Board shall require any evidence necessary to establish the
continuing competency of engineers and land surveyors as a condition of renewal
of licenses. When the Board is satisfied as to the continuing competency of an
applicant, it shall issue a renewal of the certificate upon payment by the
applicant of a fee fixed by the Board but not to exceed seventy-five dollars
($75.00). The secretary of the Board shall notify by mail every person licensed
under this Chapter of the date of expiration of the certificate, the amount of
the fee required for its renewal for one year, and any requirement as to
evidence of continued competency. The notice shall be mailed at least one month
in advance of the expiration date of the certificate. Renewal shall be effected
at any time during the month of January immediately following, immediately
following the month of expiration, by payment to the secretary of the Board
of a renewal fee, as determined by the Board, which shall not exceed seventy-five
dollars ($75.00). Failure on the part of any registrant to renew the
certificate annually in the month of January, immediately following
the month of expiration, as required above, shall deprive the registrant of
the right to practice until renewal has been effected. Renewal may be effected
at any time during the first 12 months immediately following its invalidation
by payment of the established renewal fee and a late penalty of one hundred
dollars ($100.00). Failure of a licensee to renew the license for a period of
12 months shall require the individual, prior to resuming practice in North
Carolina, to submit an application on the prescribed form, and to meet all
other requirements for licensure as set forth in Chapter 89C. The
secretary of the Board is instructed to remove from the official roster of
engineers and land surveyors the names of all licensees who have not effected
their renewal by the first day of February the month immediately
following the date of their expiration. renewal period. The
Board may adopt rules to provide for renewals in distress or hardship cases due
to military service, prolonged illness, or prolonged absence from the State,
where the applicant for renewal demonstrates to the Board that the applicant
has maintained active knowledge and professional status as an engineer or land
surveyor, as the case may be. It shall be the responsibility of each licensee
to inform the Board promptly concerning change in address. A licensee may
request and be granted inactive status. No inactive licensee may practice in
this State unless otherwise exempted in this Chapter. A licensee granted
inactive status shall pay annual renewal fees but shall not be subject to
annual continuing professional competency requirements. A licensee granted
inactive status may return to active status by meeting all requirements of the
Board, including demonstration of continuing professional competency as a
condition of reinstatement."
Section 3. G.S. 89C-24 reads as rewritten:
"§ 89C-24. Licensure of corporations and business firms that engage in the practice of engineering or land surveying.
A corporation or business firm may not engage in the practice of engineering or land surveying in this State unless it is licensed by the Board and has paid an application fee established by the Board in an amount not to exceed one hundred dollars ($100.00). A corporation or business firm is subject to the same duties and responsibilities as an individual licensee. Licensure of a corporation or business firm does not affect the requirement that all engineering or land surveying work done by the corporation or business firm be performed by or under the responsible charge of individual registrants, nor does it relieve the individual registrants within a corporation or business firm of their design and supervision responsibilities. The Board may adopt rules regulating the operation of offices and places of business of corporations and business firms licensed under this section to ensure that professional engineering and land surveying services are performed under the supervision of licensed professional engineers and land surveyors.
This section applies to every corporation that is engaged in the practice of engineering or land surveying, regardless of when it was incorporated. A corporation that is not exempt from Chapter 55B of the General Statutes by application of G.S. 55B-15 must be incorporated under that Chapter."
Section 4. G.S. 55B-2(6) reads as rewritten:
"(6) The term 'professional
service' means any type of personal or professional service of the public which
requires as a condition precedent to the rendering of such service the
obtaining of a license from a licensing board as herein defined, and pursuant
to the following provisions of the General Statutes: Chapter 83A, 'Architects';
Chapter 84, 'Attorneys-at-Law'; Chapter 93, 'Public Accountants'; and Article
1, 'Practice of Medicine,' Article 2, 'Dentistry,' Article 6, 'Optometry,'
Article 7, 'Osteopathy,' Article 8, 'Chiropractic,' Article 9A, 'Nursing Practice
Act,' with regard to registered nurses, Article 11, 'Veterinarians,' Article
12A, 'Podiatrists,' Article 18A, 'Practicing Psychologists,' Article 18D,
'Occupational Therapy,' and Article 24, 'Licensed Professional Counselors,' of
Chapter 90; Chapter 89C, 'Engineering and Land Surveying'; Chapter 89A,
'Landscape Architects'; Chapter 90B, 'Social Worker Certification Act' with
regard to Certified Clinical Social Workers as defined by G.S. 90B-3; Chapter
89E, 'Geologists'; and Chapter 89B, 'Foresters.' Chapter 89B,
'Foresters'; and Chapter 89F, 'North Carolina Soil Scientist Licensing Act'."
Section 5. G.S. 55B-6(a) reads as rewritten:
"(a) Except as provided in
subsection (b), a professional corporation may issue shares of its capital
stock only to a licensee as defined in G.S. 55B-2, and a shareholder may
voluntarily transfer such shares of stock issued to him only to another such
licensee. No share or shares of any stock of such corporation shall be
transferred upon the books of the corporation unless the corporation has
received a certification of the appropriate licensing board that the transferee
of such shares is a licensee. Provided, it shall be lawful in the case of
professional corporations rendering services as defined in Chapters 83A, 89A,
89C, and 89E, 89E, and 89F, for non-licensed employees of such
corporation to own not more than one-third of the total issued and outstanding
shares of such corporation. Provided further, subject to any additional
conditions that the appropriate licensing board may by rule or order impose in
the public interest, it shall be lawful for individuals who are not licensees
but who perform professional services on behalf of a professional corporation
in another jurisdiction in which the corporation maintains an office, and who
are duly licensed to perform professional services under the laws of the other
jurisdiction, to be shareholders of the corporation so long as there is at
least one shareholder who is a licensee as defined in G.S. 55B-2, and the
corporation renders its professional services in the State only through those
shareholders that are licensed in North Carolina. Upon the transfer of
any shares of such corporation to a non-licensed employee of such corporation,
the corporation shall inform the appropriate licensing board of the name and
address of the transferee and the number of shares issued to such
nonprofessional transferee. Any share of stock of such corporation issued or
transferred in violation of this section shall be null and void. No shareholder
of a professional corporation shall enter into a voting trust agreement or any
other type of agreement vesting in another person the authority to exercise the
voting power of any or all of his stock."
Section 6. G.S. 55B-14(b) reads as rewritten:
"(b) Notwithstanding
subsection (a) of this section, in the case of architectural, landscape
architectural, engineering or land surveying and geological services, surveying,
geological, and soil science services, as defined in Chapters 83A, 89A,
89C, and 89E 89E, and 89F respectively, one corporation may be
authorized to provide such of these services where such corporation, and at
least one corporate officer who is a stockholder thereof, is duly licensed by
the licensing board of each such profession."
Section 7. G.S. 89F-6 reads as rewritten:
"§ 89F-6. Corporate, limited liability company, partnership, or sole proprietorship practice of soil science.
A corporation organized under Chapter 55B of the General Statutes, a limited liability company organized under Chapter 57C of the General Statutes, a partnership, or a sole proprietorship may engage in the practice of soil science in this State. A licensed soil scientist shall be in responsible charge of all practice of soil science by the corporation, limited liability company, partnership, or sole proprietorship."
Section 8. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 4th day of July, 2000.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker Pro Tempore of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 8:37 a.m. this 14th day of July, 2000