Bill Summary for H 1043 (2015-2016)

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Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1043 (Public) Filed Wednesday, May 4, 2016
Intro. by Davis, Howard.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends the act's short and long titles. 

Adds language providing the act will be known as "Sanders' Law."

Amends provisions detailing the scope of new Article 24, Zip Line And Challenge Course Safety, now providing that the Act does not apply to any zip line, aerial adventure park, canopy tour, challenge course, or other similar devices (1) installed at a private residence not open to the public and for which no fee is charged or (2) operated by a government entity solely for law enforcement or military training purposes (previously, provided that the Act does not apply to any zip line, aerial adventure park, canopy tour, challenge course, or other similar devices installed at a private residence). Amends the definitions section of the Article, adding and defining the terms annual gross volume and person. Makes clarifying changes to the terms challenge course and zip line. Amends provisions concerning the powers and duties of the Commissioner of Labor (Commissioner), making clarifying changes and deleting language that established specific annual fees for certifying the operation of certain devices, for inspection of devices by the Elevator and Amusement Device Bureau, and for a qualified inspector certification. Now provides that it is a duty to charge reasonable fees for the above inspections or certifications, with no set fee established. Amends the certificate of operation requirements, requiring that an owner of a device subject to the provisions of the Act annually submit an application for a certificate of operation to the Commissioner, on forms provided by the Commissioner, and to request a certificate of operation for each device at least 30 days before the expiration of the certificate (previously, was at least 30 days before the first intended date of use each year). Further amends the date a certificate of operation for a device expires, providing that it expires one year after date of issuance (previously, expired annually on December 31). Amends provisions concerning qualified inspectors, providing that those applying for designation as a qualified inspector must apply biennially on a form provided by the Commissioner (previously, provided for a certification as a qualified inspector, with an annual application required). Makes conforming changes to subsection catchline. Amends procedures for the appeal of a specified determination of the Commissioner, providing that determinations are final unless appeal timeline and procedures are met with the affected person filing a petition for a contested case pursuant to GS Chapter 150B (previously, provided for an administrative and judicial proceeding pursuant to GS Chapter 150B). Amends provisions regulating liability insurance requirements, providing that liability insurance must be obligated to give written notice to the insured of at least 15 days before any proposed cancellation, suspension, or nonrenewal of the policy, with the Commissioner receiving immediate notification of any change in the status of the insurance (previously, only written notice at least 30 days before a proposed cancellation, suspension, or nonrenewal was required). Amends provisions detailing penalties for operating without certification, again providing for an appeal path by way of petitioning for a contested case (previously, provided for an administrative and judicial proceeding). Makes various technical, conforming, and clarifying changes throughout proposed GS Chapter 95, Article 24.

Authorizes the Department of Labor to adopt rules, design and distribute forms, accept applications, and establish and collect fees so that a device subject to the act existing on or before December 1, 2017, can be in compliance with the act and issued a certificate of operation by that date.

Amends the effective date provisions, providing that section 2 of the act, new GS Chapter 95, Article 24, is effective December 1, 2017. Further provides that GS 95-295(g) and (h) apply to violations occurring on or after December 1, 2017.