North Carolina 2025-2026 Regular Session

North Carolina House Bill H435 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 435
5		-	~~Committee Substitute Favorable 4/2/25~~
	5	+
6	6
7	7		Short Title: Mod. Bd. of Eng'ers & Surveyors. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representatives Arp, Setzer, Riddell, and Campbell (Primary Sponsors).
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Housing and Development, if favorable, Finance, if favorable, Rules, Calendar,
	11	+	and Operations of the House
10	12		March 19, 2025
11		-	H435 -v-2
	13	+	H435 -v-1
12	14		A BILL TO BE ENTITLED 1
13	15		AN ACT TO UPDATE AND CLARIFY THE NORTH CAROLINA ENGINEERING AND 2
14	16		LAND SURVEYING ACT, MODIFYING LICENSURE REQUIREMENTS, BOARD 3
15	17		POWERS, DISCIPLINARY PROCEDURES, AND OTHER PROVISIONS TO ENHANCE 4
16	18		PROFESSIONAL REGULAT ION AND PRACTICE. 5
17	19		The General Assembly of North Carolina enacts: 6
18	20		SECTION 1.(a) Land Surveyor Intern Reenactment. – G.S. 89C-3(4) is reenacted as 7
19	21		it existed immediately before its repeal under Section 1(a) of S.L. 2022-1 and shall be recodified 8
20	22		as subdivision (4b) of that section to ensure the subdivisions of G.S. 89C-3 are listed in 9
21	23		alphabetical order and make any conforming changes in the General Statutes to reflect this 10
22	24		recodification. 11
23	25		SECTION 1.(b) G.S. 89C-13(b)(1) is reenacted as it existed immediately before its 12
24	26		repeal under Section 1(b) of S.L. 2022-1. 13
25	27		SECTION 1.(c) Applicability. – This section is effective retroactively to July 1, 14
26	28		2022, and applies to certificates or licenses issued on or after that date. 15
27	29		SECTION 2.(a) G.S. 89C-3 reads as rewritten: 16
28	30		"§ 89C-3. Definitions. 17
29	31		The following definitions apply in this Chapter: 18
30	32		… 19
31	33		(7) Practice of land surveying. – 20
32	34		a. Providing professional services such as consultation, investigation, 21
33	35		testimony, evaluation, planning, mapping, assembling, and 22
34	36		interpreting reliable scientific measurements and information relative 23
35	37		to the location, size, shape, or physical features of the earth, 24
36	38		improvements on the earth, the space above the earth, or any part of 25
37	39		the earth, whether the gathering of information for the providing of 26
38	40		these services is accomplished by conventional ground measurements, 27
39	41		by aerial photography, by global positioning via satellites, or by a 28
40	42		combination of any of these methods, and the utilization and 29
41	43		development of these facts and interpretations into an orderly survey 30
42	44		map, plan, report, description, or project. The practice of land 31
43	45		surveying includes the following: 32
44	46		1. Locating, relocating, establishing, laying out, or retracing any 33
45	47		property line, easement, or boundary of any tract of land; 34 General Assembly Of North Carolina Session 2025
46		-	Page 2 House Bill 435-~~Second~~ Edition
	48	+	Page 2 House Bill 435-First Edition
47	49		2. Locating, relocating, establishing, or laying out the alignment 1
48	50		or elevation of any of the fixed works embraced within the 2
49	51		practice of professional engineering; 3
50	52		3. Making any survey for the subdivision of any tract of land, 4
51	53		including the topography, alignment and grades of streets and 5
52	54		incidental drainage within the subdivision, and the preparation 6
53	55		and perpetuation of maps, record plats, field note records, and 7
54	56		property descriptions that represent these surveys; 8
55	57		4. Determining, by the use of the principles of land surveying, the 9
56	58		position for any survey monument or reference point, or 10
57	59		setting, resetting, or replacing any survey monument or 11
58	60		reference point; 12
59	61		5. Determining the configuration or contour of the earth's surface 13
60	62		or the position of fixed objects on the earth's surface by 14
61	63		measuring lines and angles and applying the principles of 15
62	64		mathematics or photogrammetry; 16
63	65		6. Providing geodetic surveying which includes surveying for 17
64	66		determination of the size and shape of the earth both 18
65	67		horizontally and vertically and the precise positioning of points 19
66	68		on the earth utilizing angular and linear measurements through 20
67	69		spatially oriented spherical geometry; and 21
68	70		7. Creating, preparing, or modifying electronic or computerized 22
69	71		data, including land information systems and geographic 23
70	72		information systems relative to the performance of the practice 24
71	73		of land surveying.activities in sub-sub-subdivisions 1. through 25
72	74		6. of this sub-subdivision. 26
73	75		…." 27
74	76		SECTION 2.(b) G.S. 89C-13, as reenacted by Section 1(b) of this act, reads as 28
75	77		rewritten: 29
76	78		"§ 89C-13. General requirements for licensure. 30
77	79		(a) Engineer Intern. – To be certified as an engineer intern, an applicant shall (i) pass the 31
78	80		fundamentals of engineering examination and make application to the Board, (ii) be of good 32
79	81		character and reputation, (iii) submit three character references to the Board, one of whom is a 33
80	82		professional engineer, (iv) comply with the requirements of this Chapter, and (v) (iv) meet one 34
81	83		of the following requirements: 35
82	84		(1) Education. – Be a graduate of an EAC/ABET accredited engineering 36
83	85		curriculum or of a related science curriculum which has been approved by the 37
84	86		Board as being of satisfactory standing. 38
85	87		(2) Education and experience. – Be a graduate of an engineering curriculum or 39
86	88		related science curriculum of four years or more, other than curriculums 40
87	89		approved by the Board as being of satisfactory standing in subdivision (1) of 41
88	90		this subsection, and possess engineering experience satisfactory to the Board 42
89	91		with a specific record of four or more years of progressive experience on 43
90	92		engineering projects of a grade and character satisfactory to the Board. 44
91	93		… 45
92	94		(b) Land Surveyor Applicant. – The evaluation of a land surveyor applicant's 46
93	95		qualifications shall involve a consideration of the applicant's education, technical, and land 47
94	96		surveying experience, exhibits of land surveying projects with which the applicant has been 48
95	97		associated, and recommendations by references. The land surveyor applicant's qualifications may 49
96	98		be reviewed at an interview if the Board determines it necessary. Educational credit for institute 50
97	99		courses, correspondence courses, or other courses shall be determined by the Board. 51 General Assembly Of North Carolina Session 2025
98		-	House Bill 435-~~Second~~ Edition Page 3
	100	+	House Bill 435-First Edition Page 3
99	101		The following shall be considered as minimum evidence satisfactory to the Board that the 1
100	102		applicant is qualified for licensure as a professional land surveyor:surveyor or land surveyor 2
101	103		intern: 3
102	104		(1) To be certified as a land surveyor intern, an applicant shall (i) pass the 4
103	105		fundamentals of land surveying examination and make application to the 5
104	106		Board, (ii) be of good character and reputation, (iii) submit three character 6
105	107		references to the Board, one of whom is a professional land surveyor, (iv) 7
106	108		comply with the requirements of this Chapter, and (v) (iv) satisfy one of the 8
107	109		following requirements related to education and experience: 9
108	110		a. Be a graduate of a surveying curriculum of four years or more or other 10
109	111		equivalent curriculum in surveying approved by the Board. 11
110	112		b. Have rightful possession of an associate degree in surveying 12
111	113		technology approved by the Board, a record satisfactory to the Board 13
112	114		of four years of progressive practical experience, two years of which 14
113	115		shall have been under a practicing professional land surveyor, and 15
114	116		have satisfactorily passed a written and oral examination as required 16
115	117		by the Board. 17
116	118		c. Have graduated from high school or completed a high school 18
117	119		equivalency certificate with a record satisfactory to the Board of 10 19
118	120		years of progressive, practical experience, six years of which shall 20
119	121		have been under a practicing licensed land surveyor, and have 21
120	122		satisfactorily passed any oral and written examinations required by the 22
121	123		Board. 23
122	124		(1a) To be licensed as a professional land surveyor, an applicant shall (i) be of good 24
123	125		character and reputation, (ii) submit five character references to the Board, 25
124	126		three of whom are professional land surveyors or individuals acceptable to the 26
125	127		Board, with personal knowledge of the applicant's land surveying experience, 27
126	128		(iii) comply with the requirements of this Chapter, and (iv) meet one of the 28
127	129		following requirements: 29
128	130		… 30
129	131		h. Professional Engineers in Land Surveying. – Any person presently 31
130	132		licensed to practice professional engineering under this Chapter shall 32
131	133		upon application be licensed to practice land surveying, providing a 33
132	134		written application is filed with the Board within one year next after 34
133	135		June 19, 1975. 35
134	136		i. Photogrammetrists. – Any person presently practicing 36
135	137		photogrammetry with at least seven years of experience in the 37
136	138		profession, two or more of which shall have been in responsible charge 38
137	139		of photogrammetric mapping projects meeting National Map 39
138	140		Accuracy Standards shall, upon application, be licensed to practice 40
139	141		land surveying, provided: 41
140	142		1. The applicant submit certified proof of graduation from high 42
141	143		school, high school equivalency, or higher degree; 43
142	144		2. The applicant submit proof of employment in responsible 44
143	145		charge as a photogrammetrist practicing within the State of 45
144	146		North Carolina to include itemized reports detailing methods, 46
145	147		procedures, amount of applicant's personal involvement and 47
146	148		the name, address, and telephone numbers of the client for five 48
147	149		projects completed by the applicant with the State. A final map 49
148	150		for one of the five projects shall also be submitted; 50 General Assembly Of North Carolina Session 2025
149		-	Page 4 House Bill 435-~~Second~~ Edition
	151	+	Page 4 House Bill 435-First Edition
150	152		3. Five references to the applicant's character and quality of work, 1
151	153		three of which shall be from professional land surveyors, are 2
152	154		submitted to the Board; and 3
153	155		4. The application is submitted to the Board by July 1, 1999. After 4
154	156		July 1, 1999, no photogrammetrist shall be licensed without 5
155	157		meeting the same requirements as to education, length of 6
156	158		experience, and testing required of all land surveying 7
157	159		applicants. 8
158	160		j. Any person performing activities described in G.S. 89C-3(7)a.2. and 9
159	161		7. with at least seven years of experience in performing mapping 10
160	162		science surveys, two or more of which have been in responsible charge 11
161	163		of mapping science projects that meet the requirements of 21 NCAC 12
162	164		56.1608, shall, upon application, be licensed to practice surveying in 13
163	165		their area of competence (mapping science) provided all of the 14
164	166		following requirements are met: 15
165	167		1. The applicant submits certified proof of graduation from high 16
166	168		school, high school equivalency, or higher degree. 17
167	169		2. The applicant submits proof of employment in responsible 18
168	170		charge of mapping science projects within the State of North 19
169	171		Carolina, including itemized reports detailing methods, 20
170	172		procedures, amount of applicant's personal involvement, and 21
171	173		the name, address, and telephone numbers of the client for five 22
172	174		projects completed by the applicant within the State. The 23
173	175		applicant shall also submit a final map, report, or digital 24
174	176		product for one of the five projects. 25
175	177		3. Five references as to the applicant's character and quality of 26
176	178		work, three of which shall be from professional land surveyors, 27
177	179		are submitted to the Board. 28
178	180		4. The application is submitted to the Board by July 1, 2014. After 29
179	181		July 1, 2014, no individual performing surveys described in 21 30
180	182		NCAC 56.1608 shall be licensed without meeting the same 31
181	183		requirements as to education, length of experience, and testing 32
182	184		required of all land surveying applications. 33
183	185		(2) Repealed by Session Laws 2013-98, s. 2 effective June 12, 2013. 34
184	186		The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible 35
185	187		evidence of land surveying work executed by the applicant under proper supervision and which 36
186	188		the applicant has personally accomplished or supervised. 37
187	189		Land surveying encompasses a number of disciplines including geodetic surveying, 38
188	190		hydrographic surveying, cadastral surveying, engineering surveying, route surveying, 39
189	191		photogrammetric (aerial) surveying, and topographic surveying. A professional land surveyor 40
190	192		shall practice only within the surveyor's area of expertise. 41
191	193		The Board shall require an applicant to submit exhibits, drawings, plats, or other tangible 42
192	194		evidence of land surveying work executed by the applicant under proper supervision and which 43
193	195		the applicant has personally accomplished or supervised." 44
194	196		SECTION 2.(c) G.S. 89C-10 reads as rewritten: 45
195	197		"§ 89C-10. Board powers. 46
196	198		(a) Rulemaking Authority. – The Board may adopt and amend all rules and rules of 47
197	199		procedure as may be reasonably necessary for the proper performance of its duties, the regulation 48
198	200		of its procedures, meetings, records, the administration of examinations, and the authority to 49
199	201		enforce the rules of professional conduct as may be adopted by the Board pursuant to 50
200	202		G.S. 89C-20. 51 General Assembly Of North Carolina Session 2025
201		-	House Bill 435-~~Second~~ Edition Page 5
	203	+	House Bill 435-First Edition Page 5
202	204		The action by the Board in carrying out any of the powers specified in this section shall be 1
203	205		binding upon all persons licensed under this Chapter, including corporations and business firms 2
204	206		holding certificates of authorization. 3
205	207		(b) Official Seal. – The Board shall adopt and have an official seal, which shall be affixed 4
206	208		to each certificate issued. 5
207	209		(c) Enforcement Through Injunctions. – The Board may in the name of the State apply 6
208	210		for relief, by injunction, in the established manner provided in cases of civil procedure, without 7
209	211		bond, to enforce the provisions of this Chapter, or to restrain any violation of the provisions of 8
210	212		this Chapter. In proceedings for injunctive relief, it shall not be necessary to allege or prove either 9
211	213		that an adequate remedy at law does not exist, or that substantial or irreparable damage would 10
212	214		result from the continued violation of the provisions of this Chapter. The members of the Board 11
213	215		shall not be personally liable under this proceeding. When the Board prevails in actions brought 12
214	216		under this subsection to enforce violations of G.S. 89C-23(a)(3), (4), (5), (6), or (8), and the court 13
215	217		finds that the violation was committed with fraudulent intent or intentional deceit, the court shall 14
216	218		award the Board (i) reasonable attorneys' fees not to exceed five thousand dollars ($5,000) and 15
217	219		(ii) the costs associated with obtaining the relief, including costs associated with the investigation 16
218	220		and prosecution of the violation. 17
219	221		(d) Examinations. – The Board may subject an applicant for licensure to any examination 18
220	222		necessary to determine the applicant's qualifications. 19
221	223		(e) Issuance of Licenses. – The Board may issue an appropriate certificate of licensure to 20
222	224		any applicant who, in the opinion of the Board, has met the requirements of this Chapter. 21
223	225		(f) Investigations. – It shall be the responsibility and duty of the Board to conduct a 22
224	226		regular program of investigation concerning all matters within its jurisdiction under the 23
225	227		provisions of this Chapter. The investigation of a licensee is confidential until the Board issues a 24
226	228		citation to the licensee. The investigation of a nonlicensee is confidential until the Board approves 25
227	229		any action authorized under this Chapter against the nonlicensee. The Board may expend its 26
228	230		funds for salaries, fees, and per diem expenses, in connection with its investigations, provided 27
229	231		that no funds other than per diem expenses shall be paid to any member of the Board in 28
230	232		connection with its investigations, nor may any member of the Board give testimony and later sit 29
231	233		in deciding on any matter which may directly involve punitive action for the testimony. 30
232	234		(g) Instructional Programs. – The Board may use its funds to establish and conduct 31
233	235		instructional programs for persons who are currently licensed to practice engineering or land 32
234	236		surveying, as well as refresher courses for persons interested in obtaining adequate instruction or 33
235	237		programs of study to qualify them for licensure to practice engineering or land surveying. The 34
236	238		Board may expend its funds for these purposes and may not only conduct, sponsor, and arrange 35
237	239		for instructional programs, but also may carry out instructional programs through extension 36
238	240		courses or other media. The Board may enter into plans or agreements with community colleges, 37
239	241		public or private institutions of higher learning, State and county boards of education, or with the 38
240	242		governing authority of any industrial education center for the purpose of planning, scheduling or 39
241	243		arranging courses, instruction, extension courses, or in assisting in obtaining courses of study or 40
242	244		programs in the field of engineering and land surveying. The Board shall encourage the 41
243	245		educational institutions in this State to offer courses necessary to complete the educational 42
244	246		requirements of this Chapter. The Board may expend its funds to support nonprofit engineering 43
245	247		and surveying professional societies, as well as nonprofit foundations dedicated to advancing the 44
246	248		engineering and surveying professions, for the purposes of encouraging licensure and providing 45
247	249		continuing education to licensees. For the purpose of carrying out these objectives, the Board 46
248	250		may adopt rules as may be necessary for the educational programs, instruction, extension 47
249	251		services, or for entering into plans or contracts with persons or educational and industrial 48
250	252		institutions. 49 General Assembly Of North Carolina Session 2025
251		-	Page 6 House Bill 435-~~Second~~ Edition
	253	+	Page 6 House Bill 435-First Edition
252	254		(g1) Continuing Education for Surveying Apprenticeships. – The Board shall review and 1
253	255		promulgate rules establishing continuing education requirements for surveying apprenticeships 2
254	256		and encourage the workforce development of the profession. 3
255	257		(h) Licensing Sponsors of Competency Activities. – The Board may license sponsors of 4
256	258		continuing professional competency activities who agree to conduct programs in accordance with 5
257	259		standards adopted by the Board. Sponsors shall pay a license fee established by the Board, not to 6
258	260		exceed two hundred fifty dollars ($250.00) for licensure under this subsection. The license fee 7
259	261		shall accompany the application. Sponsors shall renew their licenses annually on a form provided 8
260	262		by the Board. 9
261	263		(i) Real Property Transactions. – The Board shall have the power to acquire, hold, rent, 10
262	264		encumber, alienate, and otherwise deal with real property in the same manner as a private person 11
263	265		or corporation, subject only to approval of the Governor and the Council of State. Collateral 12
264	266		pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the 13
265	267		Board." 14
266	268		SECTION 2.(d) G.S. 89C-12 reads as rewritten: 15
267	269		"§ 89C-12. Records and reports of Board; evidence. 16
268	270		The Board shall keep a record of its proceedings and a register of all applicants for licensure, 17
269	271		showing for each the date of application, name, age, education, and other qualifications, place of 18
270	272		business and place of residence, whether the applicant was rejected or a certificate of licensure 19
271	273		granted, and the date licensure was rejected or granted. The books and register of the Board shall 20
272	274		be prima facie evidence of all matters recorded by the Board, and a copy duly certified by the 21
273	275		secretary of the Board under seal shall be admissible in evidence as if the original were produced. 22
274	276		A roster showing the names and places of business and of residence of all licensed professional 23
275	277		engineers and all licensed professional land surveyors shall be prepared by the secretary of the 24
276	278		Board current to the month of January of each year. published on the Board's website. On or 25
277	279		before the first day of May of each year, the Board shall submit to the Governor a report on its 26
278	280		transactions for the preceding year, and shall file with the Secretary of State a copy of the report, 27
279	281		together with a complete statement of the receipts and expenditures of the Board attested by the 28
280	282		chair and the secretary and a copy of the roster of licensed professional engineers and 29
281	283		professional land surveyors." 30
282	284		SECTION 2.(e) G.S. 89C-14 reads as rewritten: 31
283	285		"§ 89C-14. Application for licensure; license fees. 32
284	286		(a) Application Requirements. – Application for licensure as a professional engineer or 33
285	287		professional land surveyor shall be on a form prescribed and furnished by the Board. It shall 34
286	288		contain statements made under oath, showing the applicant's education and a detailed summary 35
287	289		of the applicant's technical and engineering or land surveying experience, and shall include the 36
288	290		names and complete mailing addresses of the references, none of whom may be immediate 37
289	291		members of the applicant's family or members of the Board. 38
290	292		The Board may accept the certified information on the copy of a current formal certificate of 39
291	293		qualifications issued by the National Council of Examiners for Engineering and Surveying in 40
292	294		lieu of the same information that is required for the form prescribed and furnished by the Board. 41
293	295		(b) Examination and Licensure Fees. – An applicant for licensure who is required to take 42
294	296		the written examination shall pay to the Board an application fee not to exceed one hundred 43
295	297		dollars ($100.00). The Board may charge any fee necessary to defray the cost of any required 44
296	298		examinations. The fee shall accompany the application. The fee for comity licensure of engineers 45
297	299		and land surveyors who hold unexpired certificates in another state or a territory of the United 46
298	300		States or in Canada shall be the total current fee as fixed by the Board. 47
299	301		(c) Certification Fees for Corporations and Firms. – The certification fee for a corporation 48
300	302		is the amount set by the Board but shall not exceed one hundred dollars ($100.00). The fee shall 49
301	303		accompany the application. The certification fee for a business firm is the same as the fee for a 50
302	304		corporation. The fee for renewal of a certificate of licensure of a corporation is the amount set by 51 General Assembly Of North Carolina Session 2025
303		-	House Bill 435-~~Second~~ Edition Page 7
	305	+	House Bill 435-First Edition Page 7
304	306		the Board but shall not exceed seventy-five dollars ($75.00). The fee for renewal of a certificate 1
305	307		of licensure for a business firm is the same as the renewal fee for a corporation. 2
306	308		(d) Refunds for Denied Licensure. – Should the Board deny the issuance of a certificate 3
307	309		of licensure to any applicant, the unobligated portion of fees paid shall be returned by the Board 4
308	310		to the applicant. 5
309	311		(e) A candidate failing an examination may apply, and be considered by the Board, for 6
310	312		reexamination at the end of six months. The Board shall make such reexamination charge as is 7
311	313		necessary to defray the cost of the examination. 8
312	314		A candidate with a combination of three failures or unexcused absences on an examination 9
313	315		shall only be eligible after submitting a new application with appropriate application fee and 10
314	316		documented evidence of actions taken by the candidate to enhance the candidate's prospects for 11
315	317		passing the exam. A candidate with a combination of three failures or unexcused absences may 12
316	318		only be considered by the Board for reexamination at the end of 12 months following the third 13
317	319		failure or unexcused absence. After the end of the 12-month period, the applicant may take the 14
318	320		examination no more than once every calendar year." 15
319	321		SECTION 2.(f) G.S. 89C-16 reads as rewritten: 16
320	322		"§ 89C-16. Certificates of licensure; effect; seals. 17
321	323		(a) Certificate Issuance and Designation. – The Board shall issue to any applicant, who, 18
322	324		in the opinion of the Board, has met the requirements of this Chapter, a certificate of licensure 19
323	325		giving the licensee proper authority to practice the profession in this State. The certificate of 20
324	326		licensure for a professional engineer shall carry the designation "professional engineer," and for 21
325	327		a land surveyor, "professional land surveyor," shall give the full name of the licensee with the 22
326	328		Board designated licensure number and shall be signed by the chair and the secretary under the 23
327	329		seal of the Board. 24
328	330		(b) Certificate as Evidence of Authority. – This certificate shall be prima facie evidence 25
329	331		that the person named on the certificate is entitled to all rights, privileges and responsibilities of 26
330	332		a professional engineer or a professional land surveyor, while the certificate of licensure remains 27
331	333		unrevoked or unexpired. 28
332	334		(c) Seal Requirements and Prohibited Uses. – Each licensee shall upon licensure obtain 29
333	335		a seal of a design authorized by the Board bearing the licensee's name, license number, and the 30
334	336		legend, "professional engineer," or "professional land surveyor." Final drawings, specifications, 31
335	337		plans and reports prepared by a licensee shall, when issued, be certified and stamped with the 32
336	338		seal or facsimile of the seal unless the licensee is exempt under the provisions of G.S. 89C-25(7). 33
337	339		seal. It shall be unlawful for a licensee to affix, or permit the licensee's seal and signature or 34
338	340		facsimile of the seal and signature to be affixed to any drawings, specifications, plans or reports 35
339	341		after the expiration of a certificate or for the purpose of aiding or abetting any other person to 36
340	342		evade or attempt to evade any provision of this Chapter. A professional engineer practicing land 37
341	343		surveying shall use the licensee's land surveyor seal." 38
342	344		SECTION 2.(g) G.S. 89C-17 reads as rewritten: 39
343	345		"§ 89C-17. Expirations and renewals of certificates.licenses. 40
344	346		(a) Certificates for licensure of corporations and Expiration of Licenses. – Licenses of 41
345	347		individuals, corporations, or business firms that engage engaged in the practice of engineering or 42
346	348		land surveying shall expire on the last day of the month of June following their issuance or 43
347	349		renewal date chosen by the Board and shall become invalid on that date unless renewed. All other 44
348	350		certificates for licensure shall expire on the last day of the month of December next following 45
349	351		their issuance or renewal, and shall become invalid on that date unless renewed. When necessary 46
350	352		to protect the public health, safety, or welfare, the Board shall require any evidence necessary to 47
351	353		establish the continuing competency of engineers and land surveyors as a condition of renewal 48
352	354		of licenses. When the Board is satisfied as to the continuing competency of an applicant, it shall 49
353	355		issue a renewal of the certificate upon payment by the applicant of a fee fixed by the Board but 50
354	356		not to exceed seventy-five dollars ($75.00). The Board, by rule, may enact a multiyear renewal 51 General Assembly Of North Carolina Session 2025
355		-	Page 8 House Bill 435-~~Second~~ Edition
	357	+	Page 8 House Bill 435-First Edition
356	358		cycle. The secretary of the Board shall notify by mail or email every person or entity licensed 1
357	359		under this Chapter of the date of expiration expiration date of the certificate, license, the amount 2
358	360		of the fee required for its renewal for one year, renewal, and any requirement as to evidence of 3
359	361		continued professional competency. The notice shall be sent by email or mailed at least one 4
360	362		month in advance of the expiration date of the certificate.license. 5
361	363		(b) Renewal Process. – Renewal shall be effected may be accomplished at any time 6
362	364		during the month immediately following the month of expiration, by payment to the secretary of 7
363	365		the Board of a renewal fee, as determined by the Board, which shall not exceed seventy-five 8
364	366		dollars ($75.00).after issuance of the notice required under subsection (a) of this section and 9
365	367		through the end of the calendar month following the expiration date by complying with the 10
366	368		Board's requirements, including any professional competency requirements, as a condition of 11
367	369		renewal. The renewal fee shall be set by the Board but shall not exceed one hundred dollars 12
368	370		($100.00) per calendar year of the renewal period. 13
369	371		(c) Consequences of Failure to Renew. – Failure on the part of any licensee to renew the 14
370	372		certificate annually in a license by the end of the calendar month immediately following the 15
371	373		month date of expiration, as required above, shall deprive the licensee of the right to practice 16
372	374		until reinstatement of the license. The license may be reinstated at anytime during the first 12 17
373	375		months immediately following the date the license became invalid by payment of of: (i) a 18
374	376		reinstatement fee of one hundred dollars ($100.00) in addition to that shall be set by the Board 19
375	377		but shall not exceed two hundred dollars ($200.00) and (ii) the established renewal fee. Failure 20
376	378		of a licensee to reinstate the license during the first 12 months immediately following the date 21
377	379		the license became invalid shall require the individual, person or entity, prior to resuming practice 22
378	380		in North Carolina, to submit an application on the prescribed form, and to meet all other 23
379	381		requirements for licensure as set forth in Chapter 89C. this Chapter. The secretary of the Board 24
380	382		is instructed to shall remove from the official roster of engineers and land surveyors the names 25
381	383		of all licensees who have not effected their renewal by the first day of the month immediately 26
382	384		following the renewal period. 27
383	385		(d) Renewals in Hardship Cases. – The Board may adopt rules to provide for renewals in 28
384	386		distress or hardship cases due to military service, prolonged illness, or prolonged absence from 29
385	387		the State, where the applicant for renewal demonstrates to the Board that the applicant has 30
386	388		maintained active knowledge and professional status as an engineer or land surveyor, as the case 31
387	389		may be. 32
388	390		(e) Notification of Address Changes. – It shall be the responsibility of each licensee to 33
389	391		inform the Board promptly concerning change in any changes to their business or residential 34
390	392		address. 35
391	393		(f) Notification of Business Changes. – It shall be the responsibility of each licensed 36
392	394		business firm and corporation to inform the Board promptly concerning any changes to their 37
393	395		business name, address, locations, ownership, officers, or services being offered. 38
394	396		(g) Inactive License Status. – A licensee may request and be granted inactive status. No 39
395	397		inactive licensee may practice in this State unless otherwise exempted in this Chapter. A licensee 40
396	398		granted inactive status shall pay annual the required renewal fees fee but shall not be subject to 41
397	399		annual continuing professional competency requirements. A licensee granted inactive status may 42
398	400		return to active status by meeting all requirements of the Board, including demonstration of 43
399	401		continuing professional competency as a condition of reinstatement." 44
400	402		SECTION 2.(h) G.S. 89C-23 reads as rewritten: 45
401	403		"§ 89C-23. Unlawful to practice engineering or land surveying without licensure; unlawful 46
402	404		use of title or terms; penalties; Attorney General to be legal adviser. 47
403	405		(a) Any person who shall practice, who commits any of the following acts, in addition to 48
404	406		being subject to the injunctive procedures in G.S. 89C-10(c), shall be guilty of a Class 2 49
405	407		misdemeanor: 50 General Assembly Of North Carolina Session 2025
406		-	House Bill 435-~~Second~~ Edition Page 9
	408	+	House Bill 435-First Edition Page 9
407	409		(1) Practicing or offer offering to practice, engineering or land surveying in this 1
408	410		State without first being licensed in accordance with the provisions of this 2
409	411		Chapter, or any person, firm, partnership, organization, association, 3
410	412		corporation, or other entity using Chapter. 4
411	413		(2) Using or employing the words "engineer" or "engineering" or "professional 5
412	414		engineer" or "professional engineering" or "land surveyor" or "land 6
413	415		surveying," or any modification or derivative of those words in its name or 7
414	416		form of business or activity by any person, firm, partnership, organization, 8
415	417		association, corporation, or other entity except as licensed under this Chapter 9
416	418		or in pursuit of activities exempted by this Chapter, or any person presenting 10
417	419		Chapter. 11
418	420		(3) Presenting or attempting to use the certificate of licensure or the seal of 12
419	421		another, or any person who shall give any another. 13
420	422		(4) Providing false or forged evidence of any kind to the Board or to any member 14
421	423		of the Board in obtaining or attempting to obtain a certificate of licensure, or 15
422	424		any person who shall falsely impersonate licensure. 16
423	425		(5) Falsely impersonating any other licensee of like or different name, or any 17
424	426		person who shall attempt name. 18
425	427		(6) Attempting to use an expired or revoked or nonexistent certificate of licensure, 19
426	428		or who shall practice licensure. 20
427	429		(7) Practicing or offer offering to practice when not qualified, or any person who 21
428	430		falsely claims qualified. 22
429	431		(8) Falsely claiming that the person is registered under this Chapter, or any person 23
430	432		who shall violate Chapter. 24
431	433		(9) Violating any of the provisions of this Chapter, in addition to injunctive 25
432	434		procedures set out hereinbefore, shall be guilty of a Class 2 misdemeanor. In 26
433	435		no event shall there be representation of or holding out to the public of any 27
434	436		engineering expertise by unlicensed persons. Chapter. 28
435	437		(b) In no event shall any unlicensed person represent themselves as a professional 29
436	438		engineer or hold out to the public any engineering expertise with the intent to practice 30
437	439		engineering. This prohibition shall not apply to activities described in G.S. 89C-25. 31
438	440		(c) It shall be the duty of all duly constituted officers of the State and all political 32
439	441		subdivisions of the State to enforce the provisions of this Chapter and to prosecute any persons 33
440	442		violating them. 34
441	443		(d) The Attorney General of the State or an assistant shall act as legal adviser to the Board 35
442	444		and render any legal assistance necessary to carry out the provisions of this Chapter. The Board 36
443	445		may employ counsel and necessary assistance to aid in the enforcement of this Chapter, and the 37
444	446		compensation and expenses for the assistance shall be paid from funds of the Board." 38
445	447		SECTION 2.(i) G.S. 89C-25 reads as rewritten: 39
446	448		"§ 89C-25. Limitations of Application of Chapter. 40
447	449		This Chapter shall not prevent the following activities: 41
448	450		… 42
449	451		(12) Testifying as a lay or expert witness at a deposition or trial as well as the 43
450	452		preparation and drafting of an expert report pursuant to G.S. 1A-1, Rule 44
451	453		26(b)(4)a.2. in preparation for testifying as an expert at a deposition or trial." 45
452	454		SECTION 2.(j) G.S. 89C-25.2 is repealed. 46
453		-	SECTION 3.(a) G.S. 89C-19.2 is ~~repealed~~. 47
	455	+	SECTION 3.(a) G.S. 89C-19.2 is recodified as G.S. 14-159.15. 47
454	456		SECTION 3.(b) This section is effective when it becomes law. 48
455	457		SECTION 4. Rulemaking. – The Board of Examiners for Engineers and Surveyors 49
456	458		may adopt rules to implement the provisions of this act. 50 General Assembly Of North Carolina Session 2025
457		-	Page 10 House Bill 435-~~Second~~ Edition
458		-	SECTION 5. Effective Date. – ~~Sections 2 and 4 of~~ this act ~~become effective October~~ 1
459		-	1, 2025. ~~Except as otherwise provided, this act is effective when it becomes law.~~ 2
	459	+	Page 10 House Bill 435-First Edition
	460	+	SECTION 5. Effective Date. – Except as otherwise provided, this act becomes 1
	461	+	effective October 1, 2025. 2