A BILL TO BE ENTITLED
AN ACT making various changes to the labor laws of north carolina.
The General Assembly of North Carolina enacts:
SECTION 1.1.  Article 7A of Chapter 95 of the General Statutes is amended by adding a new section to read:
"§ 95‑69.18.1.  Investigation reports and records.
(a)	The Commissioner may compile, analyze, and publish, in summary or detailed form, the reports or information obtained under this Article.
(b)	Files and other records relating to investigations and enforcement proceedings pursuant to this Article are not subject to inspection and examination under G.S. 132‑6 while the investigations and proceedings are pending, except that a person cited under the provisions of this Article is entitled to receive a copy of the official inspection report, which is the basis for citations received by the person following the issuance of citations."
SECTION 1.2.  G.S. 95‑110.9 reads as rewritten:
"§ 95‑110.9.  Investigations; reports required.
(a)	The owner of any device or equipment regulated under the provisions of this Article, or the owner's authorized agent, shall within 24 hours notify the Commissioner of each and every occurrence involving such device or equipment when:
(1)	The occurrence results in death or injury requiring medical treatment, other than first aid, by a physician. First aid means the one time treatment or observation of scratches, cuts not requiring stitches, burns, splinters and contusions or a diagnostic procedure, including examination and x‑rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed personnel; or
(2)	The occurrence results in damage to the device indicating a substantial defect in design, mechanics, structure or equipment, affecting the future safe operation of the device. No reporting is required in the case of normal wear and tear.
(b)	The Commissioner, without delay, after notification and determination that an occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the office of the division and shall give in detail all facts and information available. The owner may submit for inclusion in the file results of investigations independent of the department's investigation.
(b1)	Files and other records relating to investigations and enforcement proceedings pursuant to this Article are not subject to inspection and examination under G.S. 132‑6 while the investigations and proceedings are pending, except that a person cited under the provisions of this Article is entitled to receive a copy of the official inspection report, which is the basis for citations received by the person following the issuance of citations.
(c)	No person, following an occurrence as specified in subsection (a), shall operate, attempt to operate, use or move or attempt to move such device or equipment, or part thereof, without the approval of the Commissioner, unless so as to prevent injury to any person or persons.
(d)	No person, following an occurrence as specified in subsection (a), shall remove or attempt to remove from the premises any damaged or undamaged part of such device or equipment or repair or attempt to repair any damaged part necessary to a complete and thorough investigation. The department must initiate its investigation within 24 hours of being notified."
SECTION 1.3.  G.S. 95‑111.10 reads as rewritten:
"§ 95‑111.10.  Investigations; reports required.
(a)	The owner of any device regulated under the provisions of this Article, or the owner's authorized agent, shall within 24 hours, notify the Commissioner of each and every occurrence involving such device when:
(1)	The occurrence results in death or injury requiring medical treatment, other than first aid, by a physician. First aid means the one time treatment or observation of scratches, cuts not requiring stitches, burns, splinters and contusions or a diagnostic procedure, including examination and x‑rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed personnel; or
(2)	The occurrence results in damage to the device indicating a  substantial defect in design, mechanics, structure or equipment, affecting the future safe operation of the device. No reporting is required in the case of normal wear and tear.
(b)	The Commissioner, without delay, after notification and determination that an occurrence involving injury or damage as specified in subsection (a) has occurred, shall make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the office of the division and shall give in detail all facts and information available. The owner may submit for inclusion in the file results of investigations independent of the department's investigation.
(b1)	Files and other records relating to investigations and enforcement proceedings pursuant to this Article are not subject to inspection and examination under G.S. 132‑6 while the investigations and proceedings are pending, except that a person cited under the provisions of this Article is entitled to receive a copy of the official inspection report, which is the basis for citations received by the person following the issuance of citations.
(c)	No person, following an occurrence as specified in subsection (a), shall operate, attempt to operate, use or move or attempt to move such device or part thereof, without the approval of the Commissioner, unless so as to prevent injury to any person or persons.
(d)	No person, following an occurrence as specified in subsection (a), shall remove or attempt to remove from the premises any damaged or undamaged part of such device or repair or attempt to repair any damaged part necessary to a complete and thorough investigation. The department must initiate its investigation within 24 hours of being notified."
SECTION 1.4.  G.S. 95‑125.2 reads as rewritten:
"§ 95‑125.2.  Investigations; reports required.
(a)	The owner of any device regulated under the provisions of this Article, or the owner's authorized agent, shall, within 24 hours, notify the Commissioner of each and every occurrence involving the device when either of the following occurs:
(1)	Death or injury requiring medical treatment, other than first aid, by a physician. For the purposes of this section, "first aid" means (i) the one‑time treatment or observation of scratches, cuts not requiring stitches, burns, splinters, or contusions or (ii) performing a diagnostic procedure, including examination and X rays, which does not ordinarily require medical treatment even though provided by a physician or other licensed personnel.
(2)	Damage to the device indicating a substantial defect in design, mechanics, structure, or equipment that affects the future safe operation of the device. No reporting is required in the case of normal wear and tear.
(b)	The Commissioner, without delay, after notification and determination that an occurrence involving injury or damage as specified in subsection (a) of this section has occurred, shall make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the office of the division and shall give in detail all facts and information available. The owner may submit for inclusion in the file results of investigations independent of the department's investigation.
(b1)	Files and other records relating to investigations and enforcement proceedings pursuant to this Article are not subject to inspection and examination under G.S. 132‑6 while the investigations and proceedings are pending, except that a person cited under the provisions of this Article is entitled to receive a copy of the official inspection report, which is the basis for citations received by the person following the issuance of citations.
(c)	No person, after an occurrence specified in subsection (a) of this section, shall do either of the following:
(1)	Operate, attempt to operate, use, or move or attempt to move such device or part thereof without the approval of the Commissioner, unless so as to prevent injury to any person or persons.
(2)	Remove or attempt to remove from the premises any damaged or undamaged part of such device or repair or attempt to repair any damaged part necessary to a complete and thorough investigation. The Department must initiate its investigation within 24 hours of being notified."
SECTION 2.  G.S. 95‑111.3(a) reads as rewritten:
"(a)	The term "amusement device" shall mean any mechanical or structural device or attraction that carries or conveys or permits persons to walk along, around or over a fixed or restricted route or course or within a defined area including the entrances and exits thereto, for the purpose of giving such persons amusement, pleasure, thrills or excitement. This term shall not include any of the following:
(1)	Devices operated on a river, lake, or any other natural body of water.
(2)	Wavepools.
(3)	Roller skating rinks.
(4)	Ice skating rinks.
(5)	Skateboard ramps or courses.
(6)	Mechanical bulls.
(7)	Buildings or concourses used in laser games.
(8)	All‑terrain vehicles.
(9)	Motorcycles.
(10)	Bicycles.
(11)	Mopeds.
(12)	Rock walls that are in a fixed, permanent location.
(13)	Zip‑lines.
(14)	Funhouses, haunted houses, and similar walk‑through devices that are erected temporarily on a seasonal basis and do not have mechanical components.
(15)	Playground equipment, including but not limited to soft contained play equipment, swings, seesaws, slides, stationary spring‑mounted animal features, jungle gyms, rider‑propelled merry‑go‑rounds, and trampolines.
(16)	A locomotive, train, series of railroad cars, or other mechanical devices that operate on any United States standard railroad gauge of four feet, eight and one‑half inches."
SECTION 3.  G.S. 95‑133(b) is amended by adding a new subdivision to read:
"(b)	Subject to the general supervision of the Commissioner and Deputy Commissioner, the Director shall be responsible for the administration and enforcement of all laws, rules and regulations which it is the duty of the Division to administer and enforce. The Director shall have the power, jurisdiction and authority to:
…
(13)	Obtain medical records compiled and maintained by the Department of Health and Human Services, by hospitals participating in the statewide trauma system, or by emergency management services providers in connection with the dispatch, response, treatment, or transport of individual patients relating to investigations and enforcement proceedings under this Article. The medical records obtained by the Department shall be strictly confidential, are not public records within the meaning of G.S. 132‑1, and shall not be released or made public."
SECTION 4.  G.S. 95‑136 is amended by adding a new subsection to read:
"(e2)	The names of witnesses or complainants, and any information within statements taken from witnesses or complainants during the course of inspections or investigations conducted pursuant to this Article that would name or otherwise identify the witnesses or complainants, shall not be admissible in any court or before any administrative body except pursuant to the enforcement of this Article unless the witness or complainant signs a written release permitting the Commissioner to provide the information."
SECTION 5.  G.S. 84‑2 reads as rewritten:
"§ 84‑2.  Persons disqualified.
No justice, judge, magistrate, full‑time district attorney, full‑time assistant district attorney, full‑time public defender, full‑time assistant public defender, clerk, deputy or assistant clerk of the General Court of Justice, register of deeds, deputy or assistant register of deeds, sheriff or deputy sheriff shall engage in the private practice of law. As used in this section, the private practice of law shall not include the performance of pro bono legal services by a lawyer, other than a justice or judge of the general court of justice, who is otherwise disqualified by this section if the pro bono services are sponsored or organized by a professional association of lawyers or a nonprofit corporation rendering legal services pursuant to G.S. 84‑5.1. Notwithstanding any other provision of law and for the purposes of this section only, "full‑time" shall mean a person who works more than 32 hours each week. Any assistant district attorney or assistant public defender who works an average of 32 hours or less each week shall be considered part‑time and may engage in the private practice of law. Persons violating this provision shall be guilty of a Class 3 misdemeanor and only fined not less than two hundred dollars ($200.00)."
SECTION 6.  This act is effective when it becomes law.