Bill Summary for H 39 (2015-2016)

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Summary date: 

Jun 30 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 39 (Public) Filed Tuesday, February 3, 2015
Intro. by Davis, Howard.

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Bill summary

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

Amends the long title of this act to reflect changes to the bill's content.

Amends GS 95-111.3 to add a definition for "annual gross volume," meaning the gross receipts a person or device receives from all types of sales made and business done during a 12-month period.

Provides in GS 95-111.13 that the civil penalty for a violation of GS 95-111.7(a) or (b) (operation of amusement device without certificate; operation of amusement device not in accordance with Article 14B, GS Chapter 95 or rules and regulations) or GS 95-111.8 (requiring local notice of the operation of amusement devices) is not to be more than $1,250 (was, $2,500) per violation and for each day each device is operated or used in violation of these statutes. Provides that the civil penalty for violating GS 95-111.7(c) (operation after refusal to issue or after revocation of certificate) or GS 95-111.10(c) (reports required), or GS 95-111.12 (liability insurance) is subject to a civil penalty not to exceed $2,500 (was, $5,000) for each day each device is operated or used. Provides that a person who violates GS 95-111.10(d) (reports required) or knowingly permits the operation of an amusement device in violation of GS 95-111.11(a) (operator requirements) is subject to a civil penalty of not more than $2,500 (was, $5,000) for each day each device is so operated or used. Decreases the maximum civil penalty for a violation of GS 95-111.9 (operation of unsafe device) or GS 95-111.11(b) (operation of an amusement device while impaired) to $5,000 (was, $10,000) for each day each device is so operated or used. Effective when this act becomes law and applies to violations occurring on or after that date.

Provides that any person who willfully violates any provision of this Article resulting in the serious injury or death of any person is guilty of a Class E felony, which includes a fine (was, limited the amount of the fine to no more than $50,000). Effective December 1, 2015 and applies to violations occurring on or after that date. Also makes GS 95-111.13(i) effective December 1, 2015.

Adds a new section to this act regarding the unsafe operation of zip-lines. Directs the Department of Labor (Department) to study the need for regulation of zip-line operations. Specifies issues that the study is to include. Directs the Department to consult with the Department of Insurance, the Association for Challenge Course Technology, the American Society for Testing and Materials, and any other relevant federal or state agencies. Requires the Department to submit its findings, recommendations, and any proposed legislation to the Speaker of the House, the President Pro Tempore of the Senate, the Chairs of the House Committee on Agriculture and the Chairs of the Senate Committee on Agriculture, Environment, and Natural resources, on or before February 1, 2016. Requires the Department to conduct the study within existing funds.

Current law provides that no person may operate an amusement device unless at the time of operation there is liability insurance coverage and provides two options for coverage under the liability insurance contract. Amends GS 95-120.1(a)(2) to require that a contract of insurance which provides coverage of not less than $500,000 per occurrence against liability for injury to persons or property arising out of the operation or use of the amusement devices if the annual gross volume of the person as defined in GS 95-111.3(b1) (was, annual gross volume of the devices) does not exceed $275,000.

Makes additional technical and clarifying changes to this act.

Amends the effective date, so that except as otherwise indicated, this act becomes effective when it becomes law.