AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA. Enacted June 27, 2018. Effective June 27, except as otherwise provided.
Summary date: Jun 27 2018 - More informationAnimals, Business and Commerce, Consumer Protection, Occupational Licensing, Courts/Judiciary, Court System, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Land Use, Planning and Zoning, Environment, Government, APA/Rule Making, State Agencies, Tax, Local Government, Public Enterprises and Utilities
Summary date: Jun 26 2018 - More information
The Governor vetoed the act on 06/25/18. The Governor's objections and veto message are available here: https://www.ncleg.net/Sessions/2017/H374Veto/H374Veto.htmlAnimals, Business and Commerce, Consumer Protection, Occupational Licensing, Courts/Judiciary, Court System, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Land Use, Planning and Zoning, Environment, Government, APA/Rule Making, State Agencies, Tax, Local Government, Public Enterprises and Utilities
Summary date: Jun 15 2018 - More information
Conference committee report rewrites the 4th edition entirely and changes the bill title to read AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Amends GS 150B-23(f) by adding electronic delivery as an authorized method of delivery of the agency decision.
Amends GS 130A-247(8) by adding to the definition of temporary food establishment an agritourism business, and defines agritourism as provided under GS 153A-340(b)(2a). Authorizes a local health department to grant a one-time, 15-day extension of a temporary food establishment’s permit if the establishment continues to meet all permit requirements and applicable rules.
Amends GS 88B-6(a), changing the required office location for the North Carolina Board of Cosmetic Art Examiners from Raleigh to Wake County.
Amends GS 75-41 by adding a new subsection (d1) to exempt real estate professionals licensed under Chapter 93A from the statute’s automatic renewal requirements for contracts.
Amends GS 25A-34 by clarifying that a scheduled payment may be no more than 10% larger than the average of earlier scheduled payments, and exempts from the statute the sale of a motorcycle as defined in GS 20-4.01(27) with a purchase price of $7,500 or more.
Amends GS 74D-8 (a)(1)b. by requiring employees of alarm systems businesses who install or service electronic security systems in commercial business establishments to be registered with the Alarm Systems Licensing Board.
Amends GS 166A-19.70(c) by requiring that the precertification for transporting commercial essentials or restoring utility services be renewable.
Uncodified provision requires the Division of Mitigation Services to review and revise bidding and contracting procedures for procuring mitigation services to include that bonding or other surety requirements for construction of mitigation projects must be only the minimum necessary to secure State funds under the mitigation contract, and that post-construction bond periods must be only for the minimum amount of time necessary to determine with a reasonable degree of certainty that the project is successful and the reasonably determined level of financial risk to the state in the event of project failure. Requires the Division to report, December 1, 2018, to the Environmental Review Commission on implementation of the requirement including methodology for setting bond amounts and time limits.
Amends GS 130A-336(b1) providing that site activities begun or completed on a project in compliance with the original permit issued by a local health department does not constitute altered conditions and is not a basis for refusing a permit extension. Authorizes a property owner to have a site verification conducted by a licensed soil scientist to verify whether the conditions of the original permit are unchanged, and requires a local health department to accept a report by a licensed soil scientist in lieu of verification by the department.
Uncodified provision adds to the charge of the Legislative Research Commission’s Study of Rates and Transfers/Public Enterprises authorization to recommend legislation necessary to grant or clarify mandatory connection authority relating to use of an engineering option permit for wastewater, for multiple public systems operating singularly, and for public-private partnerships.
Amends GS 130A-334(9a) by exempting from the definition of repair to a permitted wastewater system the replacement of a damaged gravity distribution box by a certified on-site wastewater contractor.
Amends GS 130A-334(15) by deleting from the definition of a wastewater system that, for permitting purposes, a system located on multiple adjoining lots or tracts of land under common ownership or control be considered a single system.
Amends GS 130A-335 by adding a new subsection (a2) requiring approval by the applicable permitting authority evaluations conducted by a licensed soil scientist or a licensed geologist under the following conditions: the evaluation satisfies all the requirements of Article 11 of Chapter 130A governing wastewater systems, the evaluation does not cover areas outside the scope of the applicable license, and the licensed professional conducting the evaluation maintains an errors or omissions liability insurance policy commensurate with the risk. Amends subsection (c) to require local boards of health to use historical experience to establish modifications or additions to rules established by the Commission and to clarify that the Department’s findings regarding local health department rules include modifications or additions to the Commission’s rules.
Amends GS 130A-343(a)(1) by adding to the definition of an accepted wastewater dispersal system one with a trench dispersal system approved by the Department and deletes the requirement that a system which has been in use for more than five years be an innovative system, and makes conforming changes to subsection (h) of the statute.
Uncodified provision requires the Environmental Management Commission to adopt a rule amending the permit and application fees rule for permits issued under 15A NCAC 02Q.0203 by setting the application fee and permit fee for certain air curtain burner facilities with emissions below the Title V major source threshold at an amount of 10% of the otherwise applicable fee. Establishes this fee temporarily until the Commission has adopted the required rule. Exempts this rule from various provisions of Chapter 150B.
Uncodified provision requires the Environmental Management Commission to review local government implementation of delegated stormwater management programs to determine which local governments are enforcing regulations that exceed state law and have taken enforcement action based on TMDL levels or NPDES permits that exceed state law. Requires the Commission to report to the Environmental Review Commission by January 1, 2019.
Amends GS 113A-115.1 by adding a new subsection (c1) authorizing the Commission to authorize repair or replacement of a temporary erosion control structure permitted prior to July 1, 1995, if the structure is located adjacent to an intertidal marine rock outcropping designated as a natural heritage area and the replacement structure will comply with applicable laws in effect at the time the structure is replaced other than rules to which the Commission granted a variance. Further amends subsection (c) authorizing the Commission to issue a permit for a permanent erosion control structure (was, erosion control structure) originally permitted pursuant to a variance granted prior to July 1, 1995.
Uncodified provision deems a subdivision compliant with the requirements of SL 2008-211 relating to stormwater management if the subdivision’s original declaration of covenants was recorded at 20 years prior to the effective date of this act, and the original developer transferred the stormwater permit to the homeowners association who had no notice of noncompliance with impervious surface limitations. Limits application of this provision to impervious surfaces built prior to January 1, 2017. Further provides that, notwithstanding the requirements of SL 2008-211, a regional water facility is not required to increase the size of its wet detention ponds or decrease the amount of impervious surfaces for which it has been permitted based on unintentional incorrect calculations in its stormwater management permit. Makes this provision effective when the act becomes law and applies to all permits issued both before and after that date.
Uncodified provision amends Sec. 3.1(c) of SL 2017-190 to exempt eels imported from the State of Maryland for use in an aquaculture operation from the permitting requirements of the Importation of Marine and Estuarine Organisms Rule.
Amends GS 143B-279.9 by repealing reference to land contaminated from discharge from an underground storage tank and requires that, for all sites contaminated by discharge from an above-ground storage tank, the imposition of restrictions on current or future use of the real property on such sites are only allowed if the Department determines that the legal requirements of GS 143-215.104AA or GS 130A-310.73A have been satisfied. Makes identical changes to GS 143B-279.11(h). Makes these provisions effective retroactive to October 4, 2017.
Uncodified provision requires the Environmental Management Commission to adopt a rule amending the general requirements applicable to performance standards for underground storage tank systems or the underground storage tank system component installation or replacement rule to not require that overfill prevention equipment be checked annually but instead be checked once every three years consistent with federal law. Establishes this rule temporarily until the Commission has adopted the required rule. Exempts the rule from various provisions of Chapter 150B. Further requires the Environmental Management Commission to adopt a rule requiring the Department of Environmental Quality to allow owners and operators of underground storage tanks to use all test methods and equipment approved by the Environmental Protection Agency, including a testable drop tube. Establishes this rule temporarily until the Commission has adopted the required rule. Exempts the rule from various provisions of Chapter 150B.
Amends GS 130A-291(c) by adding a new subdivision (4) authorizing, for purposes of local government authority to regulate flow control of solid waste, property acquired by a local government between January 1, 2006, and September 1, 2017, with the specific intent of adding the property to an existing solid waste landfill if the property is contiguous to the landfill; was issued an operating permit prior to September 1, 2017; and has received less than 55,000 tons of waste in fiscal year 2016-17. Provides that this section expires on June 30, 2019.
Amends GS 130A-294(a4) by requiring local government to allow a sanitary landfill to continue to operate until the term of the life-of-site permit expires if the owner has complied previously and remains in compliance with the terms and conditions of the local government’s approval or franchise agreement. Makes conforming change to GS 160A-319(a) and GS 153A-136(a)(3).
Amends GS 62-133.2(a3) to include among the recoverable costs in fuel clause riders for electric public utilities that have fewer than 150,000 retail customers the cost of purchases of electronic power from qualifying cogenerations facilities and qualifying small power production facilities as defined in GS 62-133.2(a)(10), and subjects these costs to the current 1% annual cap on cost increases.
Amends GS 62-10(g) by prohibiting from appointment to the North Carolina Utilities Commission on an interim basis pending confirmation a person who was previously subject to but not confirmed by the General Assembly within the preceding four years. Specifies that "not confirmed" includes unfavorable action on, failure to adopt, or failure to ratify a joint resolution for confirmation. Makes identical change to GS 97-77(a1) for appointments to the North Carolina Industrial Commission.
Amends GS 7A-60(a1), as amended by Sec. 18B.6 of SL 2018-5, to increase the number of assistant district attorneys in prosecutorial district 10 from 14 to 15, and to decrease the number in district 22 from 9 to 8.
Amends GS 105-275(46) to exempt from property taxation personal property used solely for educational purposes by a charter school. Amends subsection (49) of this statute by repealing reference to a nonprofit charter school. These changes effective for tax years beginning on or after July 1, 2018.
Uncodified provision repeals changes to GS 160A-307.1 (limitation on city requirements for street improvements related to schools) enacted in Senate Bill 335 (budget technical corrections); effective if Senate Bill 335 becomes law.
Uncodified provision repeals policies of the State Board of Education determined to be inconsistent with the North Carolina Supreme Court’s holding in North Carolina State Board of Education v. State of North Carolina and Mark Johnson (No. 333PA17, June 8, 2018).
Uncodified provision declares State Board of Education Rules pending before the Rules Review Commission to be interim rules subject to Commission review and action consistent with the North Carolina Supreme Court’s holding in North Carolina State Board of Education v. State of North Carolina and North Carolina Rules Review Commission (No. 110PA16-2, June 8, 2018). Provides that any interim rule shall become null and void on May 30, 2019, if the State Board of Education fails to publish a notice of text to adopt the interim rule as a permanent rule, and that the interim rule shall become null and void on May 30, 2020, if the State Board fails to adopt the interim rule as a permanent rule.
Uncodified provision prohibits the North Carolina Board of Funeral Service from revoking or refusing to issue a license based on a test score invalidated by the International Conference of Funeral Service Examining Boards if, prior to January 1, 2018, the Conference notified the Board that the licensee had achieved a passing score on the test as required under state law, provided the licensee did not act in a manner that requires invalidation of a test score.Animals, Business and Commerce, Consumer Protection, Occupational Licensing, Courts/Judiciary, Court System, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Land Use, Planning and Zoning, Environment, Government, APA/Rule Making, State Agencies, Tax, Local Government, Public Enterprises and Utilities
Summary date: Jun 27 2017 - More information
Senate amendment makes the following changes to the 3rd edition.
Amends proposed GS 150B-31.2 (Contested cases for certain decisions of the Department of Environmental Quality and the Environmental Management Commission). Amends subsection (a), regarding the application of that statute, by deleting proposed language and instead provide that the statute establishes additional requirements for contested cases filed at the Office of Administrative Hearings that involve the issuance, denial, or modification of a permit, certificate for interbasin transfer, or certification under Section 401 of the Clean Water Act, by the Department of Environmental Quality or the Environmental Management Commission, where the Department or Commission accepts public comment through a procedure set out by statute or rule. Replaces subsections (c) and (d), regarding standing and review, with provisions prohibiting a party from bringing a contested case or seeking judicial review regarding a decision under this statute unless the party is the applicant for the permit, certificate for interbasin transfer, or certification under the Clean Water Act by the Department or Commission, or the party submitted comments to the Department or Commission during the comment period and raises an issue that either was raised with the Department or Commission prior to the decision with sufficient particularity, or could not have been raised as a particular basis prior to the decision.
Directs the Department of Environmental Quality to convene a series of meetings with relevant stakeholders to review federal and other state models that utilize an administrative record review and develop procedures implementing proposed GS 150B-31.2, and to report its findings to the Joint Legislative Oversight Committees on Agriculture and Natural and Economic Resources, on Justice and Public Safety, and Administrative Procedure no later than March 31, 2018.
Makes proposed GS 150B-31.2 effective January 1, 2019, and applicable to any of the specified classes of contested cases for which the application was received by the Department or Commission on or after that date. The remainder of the act is effective when it becomes law.Development, Land Use and Housing, Building and Construction, Property and Housing, Employment and Retirement, Environment, Environment/Natural Resources, Government, APA/Rule Making, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Justice, Tax, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Transportation
Summary date: Jun 15 2017 - More information
Senate committee substitute makes the following changes to the 2nd edition.
Changes the long and short titles.
Part I. Department of Labor Technical Changes
Further amends GS 95-117 to define annual gross volume, owner, and person. Makes further technical changes.
Deletes the proposed changes to GS 95-120(1) to instead maintain the existing language directing rules adopted under the statute to conform with the specified publication.
Amends proposed GS 95-125.3, concerning violations, penalties, and appeals. Deletes subsection (g), which made a first conviction for a violation of Article 15 a Class 2 misdemeanor punishable by a fine not to exceed $10,000, and a second conviction a Class 1 misdemeanor punishable by a fine not to exceed $20,000. Maintains the content of subsection (h), now subsection (g), making it a Class E felony where a violation causes serious injury or death of any person. GS 95-117 as amended defines person as any individual, association, partnership, firm, corporation, private organization, or the State of North Carolina or any political subdivision thereof or any unit of local government. Makes conforming organizational changes.
Deletes the proposed changes to GS 95-255(c), instructing the Commissioner of Labor to notify an employer when its experience rate modifier falls below 1.5.
Part II. Department of Labor/Carolina Star Program
Enacts new GS 95-127(2a) to define the Carolina Star Program as a voluntary program that recognizes work sites that implement effective safety and health management systems and meet specified standards.
Enacts new GS 95-157 (Carolina Star Program). Authorizes the Commissioner of Labor (Commissioner) to adopt rules for the operation of the Carolina Star Program in a way that will promote safe and healthy workplaces throughout the State, and lists seven matters the rule should address, including assessment of occupational hazards. Directs that applications for participation should be submitted by management. Directs the Department of Labor (Department) to provide on-site evaluations by Carolina Star Program evaluation teams of applicant workplaces. Workplaces that participate in the Carolina Star Program are exempt from inspections under GS 95-136, except for those arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents, or significant toxic chemical releases.
Allows workplaces that participated in the uncodified Carolina Star Program prior to July 1, 2017, to continue as a participant, conditioned upon that workplace's ability to meet the relevant requirements and expectations established by guidelines for participation adopted by the Commissioner.
Effective July 1, 2017.
Part III. Other Changes Related to Laws Governing Businesses
Repeals Section 3.2(a) of SL 2017-10, amending Section 14.20(f) of SL 2015-241, making the landfill modifications made in Section 14.20 of SL 2015-241 apply to franchise agreements executed on or after October 1, 2015, and on or before October 1, only if all parties to a valid and operative agreement consent to modify the agreement for the purpose of extending the agreement's duration of the life-of-site of the landfill for which the agreement was executed, and public notice and hearing is provided for the modification in compliance with the requirements of GS 130A-294(b1)(3). Makes conforming change to Section 3.2(e) of SL 2017-10, making Section 3.2(a), amending Section 14.20(f) of SL 2015-241, apply only to franchise agreements executed on or after October 1, 2015 (deleting expanded application to franchise agreements executed on or before October 1, 2015, as previously specified).
Amends GS 130A-294 (Solid waste management program). Amends subsection (a2), defining life of site to mean the period from the initial receipt of solid waste at the facility until the facility reaches its final permitted elevations, not to exceed 60 years (currently, until the Department approves final closure of the facility). Adds new subsection (a3), establishing that a life-of-site permit issued for a sanitary landfill survives the expiration of a local government approval or franchise. Authorizes the county to extend the franchise under the same terms and conditions for the term of the life-of-site permit. Adds that the extension of a franchise does not trigger the requirements for a new permit, a major permit modification, or a substantial amendment to the permit. Amends subdivision (b1)(3), providing that the hearing and notice requirements of this subdivision do not apply to franchises extended pursuant to new subsection (a3). Makes conforming changes to subsection (a2).
Amends GS 130A-309.216 (Ash beneficiation projects). Deletes subsection (b), which sets out the requirements of impoundment owners for the installation and operation of ash beneficiation projects, including permitting for the projects.
Directs the Environmental Management Commission (Commission) to conduct a study to determine if: (1) there is a projected unmet annual demand in North Carolina and contiguous states of at least 300,000 tons of additional ash beneficiated to specifications appropriate for cementitious products over that to be supplied by the ash beneficiation projects required pursuant to GS 130A-309.216 and (2) if the demand is projected to exist, whether the installation and operation of an additional ash beneficiation project is commercially viable to meet the demand in that the costs associated with the project are less than any revenues derived from the sale of processed ash. Details required considerations and assumptions for conducting the study. Directs the Commission to report its findings and recommendations to the Environmental Review Commission by July 1, 2018.
Applicable only to municipalities with a population of more than 250,000, establishes that if a lot line or public way exists between a single city-owned lot and a single privately owned lot, a parking garage that extends across the lot line or public way between the two lots can be constructed as if the city-owned lot has been combined with the privately owned lot so that there is no lot line or public way between them. Expires June 30, 2020.
Amends GS 44A-24.2(3) to amend the definition of commercial real estate as used in the Commercial Real Estate Broker Lien Act to include any real property or interest therein which at the time the property or interest is made the subject of an agreement for broker services is lawfully used primarily for agriculture or forestry.
Amends GS 95-69.10(b)(8), exempting from the provisions of Article 7A (Uniform Boiler and Pressure Vessel Act) a pressure vessel that does not exceed the listed limitations and is not equipped with a quick actuating closure, and is five cubic feet in volume when the pressure vessel is constructed and operated on the same real property zoned industrial and where its operation is undertaken using commercially acceptable safety precautions for the application.
Amends GS 130A-336, establishing that an improvement permit or authorization for wastewater system construction issued by a local health department from January 1, 2000, to January 1, 2015, which has not been acted on and would have otherwise expired, remains valid until January 1, 2020, without penalty. Provides this extension does not apply where there are changes in the hydraulic flows or wastewater characteristics from the original local health department evaluation. Permits are transferable with ownership of the property. Requires permits to retain the site, soil evaluations, and construction conditions of the original permit.
Amends GS 105-187.16, establishing a flat tax imposed on a tire retailer for the sale of each new and used tire (currently, imposes a tax at a percentage rate of the sale price and only applies the tax to the sale of new tires). Amend GS 105-187.15, defining used tire as the term is used in Article 5B (Scrap Tire Disposal Act) to mean a tire other than a new tire, including retreaded or recapped tires. Sets the tax to be $1 for tires with a bead diameter of less than 20 inches, and $2 for tires with a bead diameter of at least 20 inches. Makes conforming changes to GS 105-187.17 to reflect the expansion of the tax to include the sale of used tires in the administration of the Article. Amends GS 105-187.18(a) to remove the tax exemption for recapped tires. Makes conforming changes to GS 130A-309.54. Effective October 1, 2017, and applies to sales or purchases of new and used tires on or after that date.
Directs the Secretary of Health and Human Services and the Medical Care Commission to repeal the Hospital Facilities Rules within 120 days after this act becomes law. Defines Medical Care Commission (Commission) as the Medical Care Commission created by Part 10 of Article 3 of GS Chapter 143B. Defines Hospital Facilities Rules as 29 specified administrative rules related to physical plants and construction requirements. Requires the Commission to adopt temporary rules to replace the Hospital Facilities Rules and incorporate by reference all applicable rules, standards, and requirements of the most current edition of the Guidelines prior to the effective date of the repeal of the rules pursuant to this act's directive. Defines Guidelines to mean the American Society for Healthcare Engineering's Facility Guidelines Institute "Guidelines for Design and Construction of Hospitals and Outpatient Facilities." Provides that, if temporary rules are not adopted before the effective date of the repeal, the Commission must use the 2014 Edition of the Guidelines until temporary rules are adopted. Directs the Commission to adopt permanent rules pursuant to the act. Directs the Commission to adopt rules to replace the Hospital Facilities Rules conforming to the provisions of this act. Provides that rules adopted pursuant to this act are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections have been received as provided in GS 150B-21.3(b2). Further, exempts rules adopted pursuant to this act from the provisions of GS Chapter 150B that require the preparation of fiscal notes for any rule proposed to incorporate the Guidelines by reference. Exempts the Hospital Facilities Rules from the periodic review process required by GS 150B-21.3A until they are repealed pursuant to this act. Applies to any licensee or prospective applicant who seeks to make specified types of alterations or additions to its hospital facilities or to construct new hospital facilities and who submits plans and specifications to the Department of Health and Human Services pursuant to Article 5 of GS Chapter 113E on or after January 1, 2016.
Makes GS 143-214.7 (Stormwater runoff rules and programs) also applicable to local governance. Prohibits local governments from requiring the use of stormwater retention ponds, stormwater detention ponds, or any other stormwater control measures that promote standing water in order to comply with any local ordinance adopted under GS 143-214.5 at public airports that support commercial air carriers or general aviation services. Adds that development projects within five statute miles from the farthest edge of an airport air operations area are not required to use the same stormwater control measures that promote standing water in order to comply with any local ordinance. Further permits existing stormwater control measures that promote standing water in order to comply with any local ordinance and located at a public airport or that are within five statute miles from the farthest edge of an airport operations area to be replaced with alternative measures included in the Division of Water Resources' Best Management Practice Manual as specified. Provides that a variance to allow any replacement of existing stormwater control measures that promote standing water are considered minor variances under any local government ordinance adopted under GS 143-214.5. Requires local government to deem areas that provide overland stormwater flow that promote infiltration and treatment of stormwater into grassed buffers, shoulders, and grass swales to be permitted pursuant to State requirements and in compliance with any local government water supply watershed management protection ordinance adopted under GS 143-214.5.
Enacts GS 150B-31.2, applicable only to contested cases filed at the Office of Administrative Hearings that involve the issuance of a permit, license, authorization, certificate, certification, or other approval or action by the Department of Environmental Quality (Department) or the Environmental Management Commission (Commission) where the Department or Commission is required to or chooses to accept public comment. Establishes that this statute governs any conflicting provisions. Details filing procedures and proper standing to bring a contested case or seek judicial review regarding a decision governed by the statute. Sets out the limitations for administrative review of a decision under the statute. Effective January 1, 2019, and applies to any contested case that involved issuance of a permit, license, authorization, certificate, certification, or other approval or action by the Department or Commission for which the application was received by the Department or Commission on or after that date.Development, Land Use and Housing, Building and Construction, Property and Housing, Employment and Retirement, Environment, Environment/Natural Resources, Government, APA/Rule Making, State Agencies, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Justice, Tax, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Transportation
Summary date: Apr 5 2017 - More information
House committee substitute to the 1st edition makes the following change. Changes the effective date of Section 4 (pertaining to safety regulations for passenger tramways) to October 1, 2017 (was, July 1, 2017).
Summary date: Mar 15 2017 - More information
Amends GS 9525.5(a) to direct the Commissioner of Labor to issue youth employment certificates, both directly and electronically (currently certificate issuance is subject to review by the Department of Labor and county directors of social services).
Amends GS 95117(4) to define funicular and gondola, and to make technical changes.
Amends GS 95120(1) to direct rules adopted under that statute to conform with good engineering and safety standards, formulas, and practices (currently requires conformity with a specified publication).
Enacts new GS 95125.1 (Operation of unsafe device). Prohibits the operation and use of devices under GS Chapter 95, Article 15 (Passenger Tramway Safety) if the operator knows or reasonably should know that operation or use will expose the public to an unsafe condition which is likely to result in personal injury or property damage.
Enacts new GS 95125.2 (Reports required). Requires owners of any device regulated under Article 15 to notify the Commissioner within 24 hours of every occurrence involving the device resulting in death or injury requiring medical treatment by a physician, or damage to the device indicating a substantial defect. Directs the Commissioner, without delay, to make a complete and thorough investigation of the occurrence, and to file a report and give in detail all facts and information available. Prohibits, after an occurrence reported under this statute, the operation or moving of the device without approval of the Commissioner, except as to prevent injury, or the removal of any part of the device or attempt to repair any damaged part necessary to an investigation.
Enacts new GS 95125.3 (Violations, civil penalties, appeal, criminal penalties). Creates civil penalties in different amounts for violations of GS 95118 (concerning registration), GS 95120.1 (concerning liability insurance) and GS 95125.1 (concerning operation of an unsafe device). Commissioner's determination of the amount of the penalty is final, subject to objection by the person charged with violation, at which point a final determination is made pursuant to the Administrative Procedures Act. Authorizes the Commissioner to file a certified copy of a final order with the clerk of court, at which point the clerk shall enter judgment in accordance with the final order and notify the parties. Creates a Class 2 misdemeanor for willful violations of any provision of this Article, including a fine of up to $10,000. A second willful violation is a Class 1 misdemeanor, with a fine of up to $20,000. A willful violation that causes the serious injury or death of any person is a Class E felony, including a fine. Nothing in the article prevents a prosecutor from proceeding against a person who violates this Article on a prosecution charging any degree of willful or culpable homicide.
Amends GS 95174, GS 95191(a), GS 95192, GS 95194, GS 95208, and GS 95216 to replace references to the Standard Industrial Classification with references to the North American Industry Classification System and references to material safety data sheets with safety data sheets. Makes technical changes.
Amends GS 95255 to delete subsection (c) (instructing the Commissioner to notify an employer when its experience rate modifier falls below 1.5).
Effective July 1, 2017.
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