Bill Summary for H 196 (2017-2018)

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Summary date: 

Mar 22 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 196 (Public) Filed Thursday, February 23, 2017
Intro. by Davis, Howard.

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Bill summary

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

Amends proposed GS 95-112.3 to add the term regulated device and defines the term to mean a zip line, aerial park, canopy tour, challenge course, or other similar device subject to the provisions of new Article 14C as set forth in GS 95-112.2. Makes conforming changes to refer to "regulated device" instead of a "device" throughout the Article. Amends the definitions for annual gross volume, owner, person, and third-party inspector

Amends the powers granted to the Commissioner of Labor in proposed GS 95-112.4 to clarify that the Commissioner is empowered to supervise the Chief of the Elevator and Amusement Device Bureau in the exercise of powers, duties, and responsibilities delegated pursuant to subdivision (1) of the statute. Makes a technical change.

Amends the documentation required of an initial application to be designated as a qualified inspector under proposed GS 95-112.8 to include documentation of the existence of a commercial liability insurance policy in compliance with GS 95-112.15 (previously specified the policy was to cover claims for personal injury, death, and property damages arising from the operation of a device subject to the provisions of the Article in amounts not less than those specified in GS 95-112.12). Requires a signed certification of compliance with the record-keeping requirements of the Article (previously, with the record-keeping requirements of GS 95-112.9). Makes technical and clarifying changes.

Amends GS 95-112.9 (pre-opening inspection and test, training, emergency evacuation plan, records, revocation of certificate of operation) to provide that the owner of a regulated device subject to the provisions of the Article must meet the specified requirements of the statute (previously allowed for the owner's authorized agent to meet the requirements). Makes the same change to subsection (d) of proposed GS 95-112.13 (Accidents, shut down, reporting) to require the owner of a regulated device subject to the provisions of the Article to satisfy the specified notification requirements (previously allowed for the owner's agent to meet the notification requirements), and to subsections (b) and (c) of proposed GS 95-112.15 (Liability insurance) requiring the owner of a regulated device subject to the Article to provide proof of the required contract of insurance (previously allowed for the owner's agent to provide proof of insurance). These changes conform to the definition of the term owner, which includes an owner's authorized agent. Makes a conforming change.

Makes technical change to reference GS 95-112.12 (Operation of unsafe device) instead of GS 95-291, and GS 95-112.14(b) (Operator impairment) instead of GS 95-293(b) in proposed GS 95-112.16 (Violations, civil penalties, appeal, criminal penalties).