Bill Summary for H 374 (2017-2018)

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Summary date: 

Mar 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 374 (Public) Filed Wednesday, March 15, 2017
Intro. by McElraft, Howard, Johnson, Hurley.

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Bill summary

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.