AERIAL ADVENTURE FINANCIAL RESPONSIBILITY.

View NCGA Bill Details2017-2018 Session
Senate Bill 100 (Public) Filed Wednesday, February 15, 2017
AN ACT TO REQUIRE AERIAL ADVENTURE PARKS TO MAINTAIN CERTAIN MINIMUM INSURANCE COVERAGES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON REGULATORY AND RATE ISSUES IN INSURANCE.
Intro. by Lee, Meredith, Ford.

Status: Ch. SL 2017-118 (Senate Action) (Jul 18 2017)

Bill History:

S 100/S.L. 2017-118

Bill Summaries:

  • Summary date: Jul 18 2017 - More information

    AN ACT TO REQUIRE AERIAL ADVENTURE PARKS TO MAINTAIN CERTAIN MINIMUM INSURANCE COVERAGES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON REGULATORY AND RATE ISSUES IN INSURANCE. Enacted July 18, 2017. The rule-making authority as set out in GS 66-453, as enacted by Section 1, is effective July 18, 2017. The remainder is effective June 1, 2018.


  • Summary date: Jun 20 2017 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends proposed GS 66-450 (Definitions). Replaces the termelements with the termdevices, and makes conforming changes to other definitions.

    Amends proposed GS 66-451 (Liability insurance). Amends the insurance requirement to include those who own or operate a device (was, activity) similar to a challenge course or zipline. Requires the insurance to be against liability for injury to persons or property arising out of the operation of such facility or use of such device. Directs the Commissioner to further prevent or stop operation of devices similar to zip lines or challenge courses upon failure to provide proof of insurance.


  • Summary date: Mar 8 2017 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends the definitions for new Article 47 of GS Chapter 66 (Zip Line and Challenge Course Financial Responsibility) set out in proposed GS 66-450. Amends the definitions for canopy tour, challenge course, person, and zip line tour. Adds the term element, and renames the term aerial adventure park to be aerial adventure/trekking park (adds the requirement that access be controlled). Deletes the term owner. Makes conforming changes throughout proposed Article 47 to reflect these changes. 

    Amends proposed GS 66-451 concerning the liability insurance requirement. Prohibits a person from owning or operating a zip line, challenge course, or any other similar activity unless the person carries insurance coverage provided by an accepted insurer of at least $1 million per occurrence and $2 million in the aggregate (previously, insurance specifically against liability for injury to persons or property arising out of the operation of such facility or use of such device). Establishes that a person required to be insured under this statute must immediately notify the Commissioner of Insurance (Commissioner) upon receipt of notice of cancellation, suspension, or nonrenewal of the policy. Requires a person operating a zip line, challenge course, or similar activity to provide proof of insurance coverage upon request by the Commissioner (previously, granted the Commissioner authority to request proof of insurance). Directs the Commissioner to prevent or stop operation of the facility or activity upon failure to provide proof of insurance until the person provides proof of the required insurance coverage (previously, granted the Commissioner authority to prevent or stop operation until proof is provided).

    Amends proposed GS 66-452 to exempt a zip line or challenge course owned or operated by the State, a unit of local government, or any political subdivision thereof from the provision of new Article 47 (previously, operated by a governmental entity solely for law enforcement or military training purposes).

    Deletes directive for the Department of Insurance to adopt permanent rules and to allow the adoption of temporary rules to implement this act. Deletes requirement that permanent rules and any temporary rules be proposed no later than January 15, 2018. Instead, enacts GS 66-453 to direct the Commissioner to adopt rules to implement new Article 47 as enacted.

    Makes technical and organizational changes. 


  • Summary date: Feb 15 2017 - More information

    Enacts new Article 47 in GS Chapter 66, titled Zip Line and Challenge Course Financial Responsibility. Sets out definitions for use in the article, including aerial adventure park, canopy tour, challenge course, commissioner, owner, person, zip line, and zip line tour. Requires an owner of an aerial adventure park, canopy tour, challenge course, zip line tour, zip line, or similar device to obtain coverage of at least $1 million per occurrence and $2 million in the aggregate against liability for injury to persons or property arising out of the operation or use of a device subject to this act. Requires the insurer or surety to be acceptable to the Commissioner of Insurance (Commissioner) and approved to do business in North Carolina. Prohibits any per person sublimits to liability from being included in the coverage. Authorizes the Commissioner to require proof of the required insurance for operation. Provides that the Commissioner cannot accept any commercial general liability insurance policy unless it obligates the insurer to give written notice to the insured at least 30 days before any proposed cancellation, suspension, or renewal of the policy. Requires owners or agents to immediately notify the Commissioner upon receipt or notice of cancellation, suspension, or nonrenewal of the policy. Provides that this new article does not apply to any zip line, aerial adventure park, canopy tour, challenge course, or other similar devices (1) installed at a private residence not open to the public and for which no fee is charged or (2) operated by a government entity solely for law enforcement or military training purposes. Effective June 1, 2018.

    Directs the Department of Insurance to adopt permanent rules, and allows the adoption of temporary rules, to implement this act. Requires permanent rules and any temporary rules to be proposed no later than January 15, 2018. 


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