Bill Summary for S 429 (2015-2016)

Summary date: 

Mar 25 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 429 (Public) Filed Wednesday, March 25, 2015
AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER CHANGES TO THE LABOR LAWS OF NORTH CAROLINA.
Intro. by Brock.

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Bill summary

Amends GS 95-3 to update the Department of Labor's (DOL) listed officers, divisions, and sections, to include the Division of Occupational Safety and Health instead of the Division of Statistics. Also amends the statute to no longer require the Governor's approval before the Commissioner of Labor (Commissioner) takes specified actions. Amends GS 95-4 to no longer require the Commissioner to have the division director's approval before appointing clerks, stenographers, and other employees to the various divisions. Also no longer requires the Commissioner to have the Governor's approval for rules and regulations with reference to the work of DOL and its divisions. Amends GS 95-69.11 to add to the Commissioner's duties: (1) devising and proctoring exams covering Article 7A (Uniform Boiler and Pressure Vessel Act) and the rules adopted under the Article to applicants as inspectors of boilers and pressure vessels; (2) proctoring the National Board commissioning exam; and (2) issuing, suspending, or revoking inspectors' commissions as inspectors of boilers and pressure vessels. Amends GS 95-69.17 , GS 95-110.6, and GS 95-111.6 (all concerning Noncomplying devices; appeal) to provide that any actions taken by the Commissioner under those statutes are final, unless within 15 days after receiving notice the person against whom the action was taken takes exception to the determination. If the person takes exception to the determination, requires the final determination to be made in an administrative proceeding and in a judicial proceeding under the Administrative Procedure Act.

Repeals GS 95-5, Annual report to Governor; recommendation as to legislation needed; GS 95-6, Statistical report to Governor; publication of information given by employers; GS 95-11, Division of Standards and Inspection; GS 95-12, Division of Statistics; and GS 95-69.13, Board of Boiler and Pressure Vessels Rules created; appointment, terms, compensation and duties.

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