AN ACT TO INCREASE THE PENALTIES FOR THE ILLEGAL OPERATION OF AMUSEMENT DEVICES AND TO DIRECT THE DEPARTMENT OF LABOR TO STUDY THE REGULATION OF THE OPERATION OF ZIP-LINES. Enacted July 16, 2015. GS 95-111.13(i) and (j), as enacted by this act, are effective December 1, 2015. The remainder of this act is effective July 16, 2015.
LABOR/UP AMUSEMENT DEVICE PENALTIES.
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO INCREASE THE PENALTIES FOR THE ILLEGAL OPERATION OF AMUSEMENT DEVICES AND TO DIRECT THE DEPARTMENT OF LABOR TO STUDY THE REGULATION OF THE OPERATION OF ZIP-LINES.Intro. by Davis, Howard.
SOG comments (2):
Long Title Change
Senate committee substitute to the 2nd edition makes changes to the long title. The original title was as follows:
AN ACT TO INCREASE THE PENALTIES FOR THE ILLEGAL OPERATION OF AMUSEMENT DEVICES.
Bill History:
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Tue, 3 Feb 2015 House: Filed
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Wed, 4 Feb 2015 House: Passed 1st Reading
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Thu, 19 Feb 2015 House: Withdrawn From Com
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Thu, 19 Feb 2015 House: Re-ref to the Com on Judiciary III, if favorable, Finance
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Thu, 12 Mar 2015 House: Reptd Fav
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Thu, 12 Mar 2015 House: Re-ref Com On Finance
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Mon, 30 Mar 2015 House: Withdrawn From Com
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Mon, 30 Mar 2015 House: Cal Pursuant Rule 36(b)
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Mon, 30 Mar 2015 House: Placed On Cal For 03/31/2015
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Tue, 31 Mar 2015 House: Amend Adopted A1
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Tue, 31 Mar 2015 House: Passed 2nd Reading
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Tue, 31 Mar 2015 House: Passed 3rd Reading
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Tue, 31 Mar 2015 House: Ordered Engrossed
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Wed, 1 Apr 2015 House: Regular Message Sent To Senate
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Wed, 1 Apr 2015 Senate: Regular Message Received From House
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Wed, 1 Apr 2015 Senate: Passed 1st Reading
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Wed, 1 Apr 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 1 Jun 2015 Senate: Withdrawn From Com
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Mon, 1 Jun 2015 Senate: Re-ref Com On Judiciary II
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Tue, 30 Jun 2015 Senate: Reptd Fav Com Substitute
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Tue, 30 Jun 2015 Senate: Com Substitute Adopted
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Wed, 1 Jul 2015 Senate: Amend Adopted A1
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Wed, 1 Jul 2015 Senate: Passed 2nd Reading
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Wed, 1 Jul 2015 Senate: Passed 3rd Reading
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Wed, 1 Jul 2015 Engrossed
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Thu, 2 Jul 2015 Senate: Regular Message Sent To House
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Thu, 2 Jul 2015 House: Regular Message Received For Concurrence in S Com Sub
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Mon, 13 Jul 2015 House: Cal Pursuant 36(b)
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Mon, 13 Jul 2015 House: Placed On Cal For 07/14/2015
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Tue, 14 Jul 2015 House: Concurred In S/Com Sub
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Tue, 14 Jul 2015 House: Ordered Enrolled
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Wed, 15 Jul 2015 Ratified
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Thu, 16 Jul 2015 Pres. To Gov. 7/16/2015
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Thu, 16 Jul 2015 Signed by Gov. 7/16/2015
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Thu, 16 Jul 2015 Ch. SL 2015-152
Bill Summaries:
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Bill H 39 (2015-2016)Summary date: Jul 20 2015 - View Summary
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Bill H 39 (2015-2016)Summary date: Jul 1 2015 - View Summary
Senate amendment makes technical corrections to the effective date provision.
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Bill H 39 (2015-2016)Summary date: Jun 30 2015 - View 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.
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Bill H 39 (2015-2016)Summary date: Mar 31 2015 - View Summary
House amendment #1 makes the following changes to the 1st edition.
Amends GS 95-111.13 regarding violations, civil and criminal penalties, and appeal rights under the Amusement Device Safety Act of North Carolina, making a technical change. Also provides that a violation of this Article is considered a Class E felony, which could include a fine of not more than $50,000 (previously, was punishable by a fine of not more than $50,000).
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Bill H 39 (2015-2016)Summary date: Feb 3 2015 - View Summary
Article 14B of GS Chapter 95 is known as the Amusement Device Safety Act of North Carolina (Act). Amends GS 95-111.13 regarding violations, civil and criminal penalties, and appeal rights under the Act, to increase the civil and criminal penalties for violations under the Act.Makes willful violations that result in the serious injury or death of a person a Class E felony punishable by a fine of up to $50,000 (was, a Class 2 misdemeanor with a fine of up to $10,000). Other willful violations of the Article are a Class 2 misdemeanor with a fine of up to $10,000. Effective December 1, 2015, and applies to violations occurring on or after that date.
Identical to S 75 filed on 2/11/15.