A BILL TO BE ENTITLED
AN ACT to protect the confidentiality of information received by the licensing board for general contractors while conducting an investigation of a licensee and to clarify when the board may seek injunctive relief.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 87‑11(c) reads as rewritten:
"(c)	The Board shall establish and maintain a system whereby detailed records are kept regarding complaints against each licensee. This record shall include, for each licensee, the date and nature of each complaint, investigatory action taken by the Board, any findings by the Board, and the disposition of the matter. Complaints, records, papers, or other documents containing information received, collected, or compiled by the Board, its members, or its employees as part of or as a result of investigations, inquiries, or interviews conducted in connection with a licensing or disciplinary matter shall not be considered public records within the meaning of Chapter 132 of the General Statutes. However, any notice to a licensee of a hearing pursuant to Chapter 150B of the General Statutes shall be a public record within the meaning of Chapter 132 of the General Statutes, notwithstanding that it may contain information collected and compiled as a result of an investigation, inquiry, or interview. If any record, paper, or other document containing information collected and compiled by the Board is received and admitted into evidence in a public hearing before the Board, it is then considered a public record within the meaning of Chapter 132 of the General Statutes."
SECTION 2.  G.S. 87‑13.1 reads as rewritten:
"§ 87‑13.1.  Board may seek injunctive relief.
Whenever  the Board determines that any person, firm or corporation has, within the past three years, violated or is violating any of the provisions of this Article or  rules and regulations of the Board promulgated under this Article, the Board may apply to the superior court for a restraining order and injunction to restrain the violation; and the superior courts have jurisdiction to grant the requested relief, irrespective of whether or not criminal prosecution has been instituted or administrative sanctions imposed by reason of the violation."
SECTION 3.  This act is effective when it becomes law.