OPEN EXERCISE & FITNESS FACILITIES. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 806 (Public) Filed Tuesday, April 16, 2019
AN ACT TO AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS.AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS.
Intro. by Saine, Strickland.

Status: Failed To Override Veto (Jul 8 2020)

SOG comments (2):

Long title change

Conference report to the 2nd edition changed the long title. Previous long title was AN ACT TO PROVIDE LIMITED IMMUNITY FROM COVID-19 RELATED CLAIMS ARISING FROM THE REOPENING OF PRIVATELY OWNED COMMUNITY SWIMMING POOLS IN ACCORDANCE WITH EXECUTIVE ORDERS ISSUED BY THE GOVERNOR DURING THE COVID-19 STATE OF EMERGENCY.

Long title change

Conference report #2 to the 2nd edition changed the long title. Previous long title was AN ACT TO PROVIDE LIMITED IMMUNITY FROM COVID-19 RELATED CLAIMS ARISING FROM THE REOPENING OF PRIVATELY OWNED COMMUNITY SWIMMING POOLS IN ACCORDANCE WITH EXECUTIVE ORDERS ISSUED BY THE GOVERNOR DURING THE COVID-19 STATE OF EMERGENCY, AND AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS.

Bill History:

H 806

Bill Summaries:

  • Summary date: Jul 2 2020 - More information

    The Governor vetoed the act on 07/02/20. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2019/8626/0/H806-BD-NBC-8613


  • Summary date: Jun 25 2020 - More information

    Conference report #3 makes the following changes to the 2nd edition. Deletes the content of the 2nd edition and now provides the following.

    Authorizes exercise and fitness facilities, gyms, health clubs, and described fitness centers to open and resume operations notwithstanding Executive Order No 147, issued on June 24, 2020, subject to 15 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment has been in existence on March 10, 2020, or has had a valid certificate of occupancy and state business license by that date. Restricts capacity to 40% of the authorized fire capacity, with on-premises childcare restricted to 50% of its currently allowed occupancy. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks except when actively leading a group fitness class or when outdoors and socially distanced. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 147.

    Changes the act's titles.

    Note: Conference report #2 was withdrawn 6/25/2020. Report #3 corrects the reference to the Executive order that refers to these facilities.


  • Summary date: Jun 25 2020 - More information

    Conference report #2 makes the following changes to the 2nd edition. Deletes the content of the 2nd edition and now provides the following.

    Authorizes exercise and fitness facilities, gyms, health clubs, and described fitness centers to open and resume operations notwithstanding Executive Order No 147, issued on June 24, 2020, subject to 15 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment has been in existence on March 10, 2020, or has had a valid certificate of occupancy and state business license by that date. Restricts capacity to 40% of the authorized fire capacity, with on-premises childcare restricted to 50% of its currently allowed occupancy. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks except when actively leading a group fitness class or when outdoors and socially distanced. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 147.

    Changes the act's titles.

    Note: Conference report #1 was withdrawn 6/25/2020.


  • Summary date: Jun 25 2020 - More information

    Conference report makes the following changes to the 2nd edition.

    Adds the following uncodified content.

    Authorizes exercise and fitness facilities, gyms, health clubs, and described fitness centers to open and resume operations notwithstanding Executive Order No 147, issued on June 24, 2020, subject to 15 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment has been in existence on March 10, 2020, or has had a valid certificate of occupancy and state business license by that date. Restricts capacity to 40% of the authorized fire capacity, with on-premises childcare restricted to 50% of its currently allowed occupancy. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks except when actively leading a group fitness class or when outdoors and socially distanced. Sunsets the authorization upon repeal, replacement, or rescission of Executive Order No 147.

    Changes the act's titles.


  • Summary date: Jun 16 2020 - More information

    Senate committee substitute deletes the content of the 1st edition and instead provides the following.

    Enacts Article 8, Private Pools COVID-19 Limited Liability, to GS Chapter 99E, to provide limited civil liability for community pool owners and operators, and their agents, against any claims or actions seeking damages for injury or death resulting from transmission of COVID-19 alleged to have resulted from the reopening of the community pool in accordance with applicable gubernatorial executive orders. Defines community pool to mean a privately owned community swimming pool, including without limitation a swimming pool owned or operated by a multi-unit apartment complex, homeowners' association, or condominium unit owners' association. Restricts the scope to claims or actions arising within one year of expiration or recission of Executive Order 116.

    Changes the act's titles.


  • Summary date: Apr 16 2019 - More information

    Amends GS 47C-1-102 to provide that new GS 47C-3-113.1 (Crime and Fidelity Policy Required) applies to all condominiums created in this state on or before October 1, 1986, unless the declaration expressly provides to the contrary.

    Enacts new GS 47C-3-113.1 (concerning condominium unit owners' associations) and new GS 47F-3-113.1 (concerning planned community lot owners' associations), each captioned Crime and fidelity policy required. Requires unit owners' associations and lot owners' associations with annual assessments for common expenses of at least $25,000 or with at least $25,000 in total funds invested or on deposit to maintain a crime and fidelity insurance policy of 125 percent of the total funds on deposit or invested by the executive board plus 125 percent of the association's budget as of the last day of the association's last fiscal year, but not greater than $1 million, that insures the association against theft or dishonesty committed by the officers and members of the executive board, members of association committees, and persons employed by the association. Directs the executive board to obtain the policy on behalf of the association. Requires management agents or companies, as defined, hired by the association to be covered by a crime and fidelity insurance policy in the amount of the total annual budgets of all clients of the management agent or company, but not greater than $2 million, and that it cover the manager and the manager's employees and protect all or a portion of the association funds in the custody of the manager or manager's employees. Requires associations that cannot obtain a policy that complies with this statute to notify unit owners of that fact.

    Amends GS 47C-3-118 (condominium associations) and GS 47F-3-118 (planned community associations) to delete the provision authorizing the executive board of an association or lot or unit owners to require a more extensive compilation, review, or audit.

    Enacts new GS 47C-3-118.1 (condominium associations) and GS 47F-3-118.1 (planned community associations), each captioned Financial audits. Directs the executive board to provide for an annual independent financial audit by a licensed certified public accountant if the association has annual revenues, expenditures, or total account balances of $150,000 or more. Requires the audit to be completed no later than one year after the end of the fiscal year of the unit owners' association and be made available upon request to the unit owners within 30 days of its completion.

    Amends GS 47F-1-102 to provide that new GS 47F-3-113.1 and new GS 47F-3-118.1 apply to all planned communities created in this state before January 1, 1999, unless the articles of incorporation or the declaration expressly provides to the contrary.

    Effective January 1, 2020. New GS 47F-3-113.1 and new GS 47F-3-118.1 apply to fiscal years beginning on or after the effective date of this act.


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