GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 475

HOUSE BILL 1121

 

AN ACT TO AUTHORIZE THE DEPARTMENT OF LABOR TO ASSESS ADDITIONAL FEES AGAINST AMUSEMENT DEVICE OWNERS UNDER CERTAIN CIRCUMSTANCES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 95-106 reads as rewritten:

"§ 95-106. Amusement, aerial tramway, and inclined railroad inspection fees.

(a)       The Department of Labor shall assess and collect the following inspection service fees for annual inspections for each location within the State of amusement devices, aerial passenger tramways, and inclined railroads:

Type Inspection                                                                      Unit  Fee

Amusement Devices                                                                          $15

Gondolas, Chairlifts,

and Inclined Railroads                                                                        137

J- or T-Bars                                                                                         62

Rope Tows                                                                                          31.

(b)       In the event that an amusement device owner or operator notifies the Department of Labor pursuant to G.S. 95-111.8 that he intends to operate one or more amusement devices for the public at a particular location and requests an inspection at a particular time:

(1)       When the inspector arrives and no amusement devices are present, the Department shall assess a fee against the owner or operator at an amount sufficient to cover the cost of travel to and from the location at a rate not to exceed twenty-three cents (23¢) per mile plus the time expended by the inspector in travelling to and from the location at a rate not to exceed fifteen dollars ($15.00) per hour per inspector.

(2)       When the inspector arrives and amusement devices are present but are not ready for inspection, the Department shall assess a fee in an amount sufficient to cover the time the inspector must wait before he can make the inspection at a rate not to exceed fifteen dollars ($15.00) per hour per inspector.  If the inspector must make an additional trip to the location because the devices were not ready for inspection at the appropriate time, the Department shall add to the fees authorized under this subdivision the cost of the additional travel required at a rate not to exceed twenty-three cents (23¢) per mile plus the cost of the travel time expended by the inspector at a rate not to exceed fifteen dollars ($15.00) per hour per inspector.

No fee shall be assessed pursuant to this subsection if the owner or operator has notified the Department of Labor at least 24 hours in advance that the amusement devices will not be present or that the devices will not be ready for inspection until a later specified time."

Sec. 2.  This act becomes effective October 1, 1991.

In the General Assembly read three times and ratified this the 1st day of July, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives