GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 312
Committee Substitute Favorable 4/1/99

Short Title:  Code Officials Professionalism/AB.	(Public)

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Sponsors:

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Referred to:  

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March 4, 1999

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A PROFESSIONAL DEVELOPMENT PROGRAM FOR CODE-ENFORCEMENT OFFICIALS, TO AUTHORIZE THE USE OF FUNDS FROM THE DEPARTMENT OF INSURANCE FUND FOR PROFESSIONAL DEVELOPMENT OF CODE-ENFORCEMENT OFFICIALS, AND TO APPROPRIATE FUNDS FROM THE DEPARTMENT OF INSURANCE FUND FOR THAT PURPOSE.
The General Assembly of North Carolina enacts:
Section 1.   Article 9C of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-151.13A.  Professional development program for officials.
(a)	As used in this section, 'official' means a qualified Code-enforcement official, as defined in G.S. 143-151.8.
(b)	The Board may establish professional development requirements for officials as a condition of the renewal or reactivation of their certificates.  The purposes of these professional development requirements are to assist officials in maintaining professional competence in their enforcement of the Code and to assure the health, safety, and welfare of the citizens of North Carolina.  An official subject to this section shall present evidence to the Board at each certificate renewal after initial certification, that during the 12 months before the certificate expiration date, the official has completed the required number of credit hours in courses approved by the Board.  Annual continuing education hour requirements shall be determined by the Board, but shall not be more than six credit hours.
(c)	The Board may require an individual who earns a standard certificate under the prequalification program established in G.S. 143-151.13(d) to complete professional development courses, not to exceed six hours in each technical area of certification, within one year after that individual is first employed by a city or county inspection department.
(d)	As a condition of reactivating a standard or limited certificate, the Board may require the completion of professional development courses within one year after reemployment as an official as follows:
(1)	An individual who has been on inactive status for more than two years and who has not been continuously employed by a city or county inspection department during the period of inactive status shall complete professional development courses not to exceed 12 hours for each technical area in which the individual is certified.
(2)	An individual who has been on inactive status for more than two years but who has been continuously employed by a city or county inspection department during the period of inactive status shall complete professional development courses not to exceed six hours for each technical area in which the individual is certified.
(3)	An individual who has been on inactive status for two years or less and who has been continuously employed by a city or county inspection department during the period of inactive status shall complete professional development courses not to exceed four hours for each technical area in which the individual is certified.
(e)	The Board may, for good cause shown, grant extensions of time to officials to comply with these requirements.  An official who, after obtaining an extension under this subsection, offers evidence satisfactory to the Board that the official has satisfactorily completed the required professional development courses, is in compliance with this section.
(f)	The Board may adopt rules to give purpose and effect to the professional development requirements, including rules that govern:
(1)	The content and subject matter of professional development courses.
(2)	The criteria, standards, and procedures for the approval of courses, course sponsors, and course instructors.
(3)	The methods of instruction.
(4)	The computation of course credit.
(5)	The ability to carryforward course credit from one year to another.
(6)	The waiver of or variance from the professional development requirement for hardship or other reasons.
(7)	The procedures for compliance and sanctions for noncompliance."
Section 2.  G.S. 58-6-25(d) reads as rewritten:
"(d)	Use of Proceeds. – The Insurance Regulatory Fund is created in the State treasury, under the control of the Office of State Budget and Management. The proceeds of the charge levied in this section and all fees collected under Articles 69 through 71 of this Chapter and under Articles 9 and 9C of Chapter 143 of the General Statutes shall be credited to the Fund. The Fund shall be placed in an interest-bearing account and any interest or other income derived from the Fund shall be credited to the Fund. Moneys in the Fund may be spent only pursuant to appropriation by the General Assembly and in accordance with the line item budget enacted by the General Assembly. The Fund is subject to the provisions of the Executive Budget Act, except that no unexpended surplus of the Fund shall revert to the General Fund. All money credited to the Fund shall be used to reimburse the General Fund for the following:
(1)	Money appropriated to the Department of Insurance to pay its expenses incurred in regulating the insurance industry and other industries in this State.
(2)	Money appropriated to State agencies to pay the expenses incurred in regulating the insurance industry, in certifying statewide data processors under Article 11A of Chapter 131E of the General Statutes, and in purchasing reports of patient data from statewide data processors certified under that Article.
(3)	Money appropriated to the Department of Revenue to pay the expenses incurred in collecting and administering the taxes on insurance companies levied in Article 8B of Chapter 105 of the General Statutes.
(4)	Money appropriated to the Department of Insurance for the Code-enforcement officials professional development requirements under G.S. 143-151.13A."
Section 3.  There is appropriated from the Department of Insurance Fund, established in G.S. 58-6-25, to the Department of Insurance the sum of one hundred thousand dollars ($100,000) for the 1999-2000 fiscal year for the Code Officials Qualification Board for the purpose of developing and implementing the Code officials professional development program established in G.S. 143-151.13A.
Section 4.  Section 1 of this act applies to certificates issued or renewed on and after October 1, 1999.  Section 3 of this act becomes effective July 1, 1999.  The appropriation in Section 3 of this act is contingent upon the implementation of the program by the Code Officials Qualification Board and may be used only for the purpose of developing and implementing the program.  The remainder of this act is effective when it becomes law.