Bill Summary for S 100 (2017-2018)

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Summary date: 

Mar 8 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 100 (Public) Filed Wednesday, February 15, 2017
AN ACT TO REQUIRE AERIAL ADVENTURE PARKS TO MAINTAIN CERTAIN MINIMUM INSURANCE COVERAGES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON REGULATORY AND RATE ISSUES IN INSURANCE.
Intro. by Lee, Meredith, Ford.

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Bill summary

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

Amends the definitions for new Article 47 of GS Chapter 66 (Zip Line and Challenge Course Financial Responsibility) set out in proposed GS 66-450. Amends the definitions for canopy tour, challenge course, person, and zip line tour. Adds the term element, and renames the term aerial adventure park to be aerial adventure/trekking park (adds the requirement that access be controlled). Deletes the term owner. Makes conforming changes throughout proposed Article 47 to reflect these changes. 

Amends proposed GS 66-451 concerning the liability insurance requirement. Prohibits a person from owning or operating a zip line, challenge course, or any other similar activity unless the person carries insurance coverage provided by an accepted insurer of at least $1 million per occurrence and $2 million in the aggregate (previously, insurance specifically against liability for injury to persons or property arising out of the operation of such facility or use of such device). Establishes that a person required to be insured under this statute must immediately notify the Commissioner of Insurance (Commissioner) upon receipt of notice of cancellation, suspension, or nonrenewal of the policy. Requires a person operating a zip line, challenge course, or similar activity to provide proof of insurance coverage upon request by the Commissioner (previously, granted the Commissioner authority to request proof of insurance). Directs the Commissioner to prevent or stop operation of the facility or activity upon failure to provide proof of insurance until the person provides proof of the required insurance coverage (previously, granted the Commissioner authority to prevent or stop operation until proof is provided).

Amends proposed GS 66-452 to exempt a zip line or challenge course owned or operated by the State, a unit of local government, or any political subdivision thereof from the provision of new Article 47 (previously, operated by a governmental entity solely for law enforcement or military training purposes).

Deletes directive for the Department of Insurance to adopt permanent rules and to allow the adoption of temporary rules to implement this act. Deletes requirement that permanent rules and any temporary rules be proposed no later than January 15, 2018. Instead, enacts GS 66-453 to direct the Commissioner to adopt rules to implement new Article 47 as enacted.

Makes technical and organizational changes.