Bill Summary for H 1074 (2015-2016)

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Summary date: 

Jun 28 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1074 (Public) Filed Tuesday, May 10, 2016
AN ACT TO REQUIRE ALL SCHOOLS IN NORTH CAROLINA TO TEST DRINKING WATER OUTLETS FOR THE PRESENCE OF LEAD AND TO CREATE THE HOUSE SELECT STUDY COMMITTEE ON HEALTH AND SAFETY IN OUTDOOR WATER RECREATION SITES AND TO REGULATE WATER RECREATION ATTRACTIONS TO PROTECT THE HEALTH AND SAFETY OF FACILITY PATRONS AND TO CLARIFY THE SEARCH AUTHORITY OF MARINE INSPECTORS.
Intro. by Hager, Bryan, Jeter, Burr.

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Bill summary

House amendments makes the following changes to the 2nd edition.

Amendment #1 creates the House Select Study Committee on Health and Safety in Outdoor Water Recreation Sites (Committee) to study the necessary health and safety requirements for water recreation attractions, including recommendations for required testing of the water used in the attraction for the presence of physical, biological, or chemical substances. Provides that nine members of the House of Representatives are to be appointed by the Speaker. Sets out provisions for the designation of a chair and Committee meetings. Authorizes the Committee to exercise all powers provided under GS 120-19 (which requires State officers and so forth to furnish data and information upon request to legislative committees or commissions) and Article 5A of GS Chapter 120 (General Assembly Committee Activity). Requires the Committee to submit a final report of its findings and recommendations by December 1, 2016, to the General Assembly. Directs that the Committee is to terminate upon filing its final report. Provides for the expenses of Committee members and staff for the Committee.

Makes conforming changes to the long title. Makes technical changes to the numbering of the remaining Parts and Sections of the act. 

Amendment #2 amends Part 10 of Article 8 of GS Chapter 130A. Amends the title of Part 10 to Public Swimming Pools and Water Recreational Attractions (previously, did not include water recreational attractions). Amends GS 130A-280, which sets out the scope of Article 8 of GS Chapter 130A, to add the regulation of water recreation attractions in the State to the scope of the Article. Defines water recreation attraction to mean a public bathing or swimming facility with design and operational features that provide patrons recreational activity different from that associated with a conventional swimming pool. Further provides that water recreation attractions include, but are not limited to, water slides, wave pools, water amusement lagoons, and recirculating artificial whitewater rivers where contact between the patron and the water either occurs or is intended to occur. Makes conforming changes to GS 130A-281 (Operation permit required) and GS 130A-282 (Commission to adopt rules) to make the statutes applicable to both public swimming pools and water recreation attractions (previously, only applicable to public swimming pools).

Directs the Commission for Public Health to amend its rules regulating water recreation attractions as provided in 15A NCAC 18A .2543 to (1) include artificial whitewater river facilities using recirculating water where body contact occurs or is intended to occur, and (2) require artificial whitewater river facilities using recirculating water to test for physical, biological, or chemical substances in the water that may adversely affect the health or safety of facility patrons, as may be deemed necessary by the Commission. Requires the Commission for Public Health to adopt temporary rules as soon as practicable to implement the provisions of Part 10 of Article 8 of GS Chapter 130A, as amended.

Makes conforming changes to the long title. Makes technical changes to the numbering of the remaining Parts and Sections of the act. 

Amendment #3 amends GS 113-136, concerning the enforcement authority of inspectors and protectors of Conservation Agencies. Current subsection (k) makes it unlawful to refuse to allow inspectors, protectors, or other law enforcement officers to inspect weapons or equipment in certain circumstances.

Amendment adds that an officer may inspect commercial fishing equipment or gear, as defined in 15A NCAC 03I .0101(3)(c), without reasonable suspicion that a violation has been committed. Establishes that it is unlawful to refuse to allow inspectors to inspect marine and estuarine resources, and that it is unlawful to refuse to allow protectors or other law enforcement officers to inspect fish or wildlife for the purpose of ensuring compliance with bag limits and size limits (previously, unlawful to refuse to allow inspectors, protectors, or other law enforcement officers to inspect fish or wildlife for the purpose of ensuring compliance with bag limits and size limits).

Makes conforming changes to the long title. Makes technical changes to the numbering of the remaining Parts and Sections of the act.