CS FOR SENATE BILL NO. 278(L&C) "An Act relating to fees for the inspection of recreational devices, including instructional devices, for certificates of fitness for electrical wiring and plumbing, for filing voluntary flexible work hour plan agreements, and for licenses for boiler operators; relating to the building safety account; and providing for an effective date." This was the second hearing for this bill in the Senate Finance Committee. Co-Chair Wilken commented that this bill, which is sponsored by the Senate Rules Committee by Request of the Governor, would create two new fees and increase an existing fee charged by the Department of Labor and Workforce Development. The adoption of Amendment #1 during the bill's initial hearing changed a fiscal component, and, as a result, a new fiscal note has been provided to the Committee. The Version 23-GS2111\D committee substitute, amended by Amendment #1, is before the Committee. GREY MITCHELL, Director, Division of Labor Standards & Safety, Department of Labor and Workforce Development explained that the adoption of Amendment #1 deleted a proposed $100 flexible work plan filing fee that would have generated $24,000 in revenue. Therefore, a new zero fiscal note, dated April 26, 2004 from the Wage and Hour Section of the Division of Labor Standards and Safety, Department of Labor and Workforce Development, replaces the fiscal note dated April 15, 2004. He noted that the new fiscal note's analysis provides the breakout of the expenses associated with administering the flexible work plan program. Senator Bunde acknowledged the information, but questioned the reason for performing the "perfunctory review" of the program, as it incurs an expense to the State. Co-Chair Green commented that this concern could be addressed via the Missions and Measures review process. Amendment #2: This amendment inserts the following language into Section 1, subsection (b) following the word "devise." on page one, line nine. The department shall waive the inspection fee if the owner or operator of the device uses a private inspector who is certified by a national organization to inspect recreational devices and provides the inspection report to the department. Co-Chair Wilken moved and objected to the adoption of Amendment #2. This amendment is the result of recent action taken in regards to this bill's companion bill, HB 402-LABOR & WORKFORCE DEVELOPMENT FEES. GREG O'CLARAY, Commissioner, Department of Labor and Workforce Development explained that the proposed language in Amendment #2 would address a recreational industry concern that arose during a House committee hearing on the companion bill in that a nationally certified out-of-state inspector was utilized, at great expense, to inspect recreational equipment. He stated that the Department supports the amendment and that, absent its adoption, a duplication of payment might result. Co-Chair Wilken removed his objection. Co-Chair Green asked for confirmation that Amendment #2 would provide this exemption specifically to recreational equipment. Commissioner O'Claray replied, "that is correct." Senator Olson asked for assurance that the national standards would equal or exceed the State standard. Commissioner O'Claray understood that the same company that certifies State inspectors certifies the national recreational inspectors. In response to a question from Senator Hoffman, Mr. Mitchell stated that the business, Golden Wheels Amusement Company, which operates amusement rides at fairs, presented this concern. The Company annually hires a national certified inspector to inspect their rides. These national inspectors must undergo a higher level of training than required of State inspectors. While State inspectors would accompany the national inspector, no fee would be levied by the State in that regard, as the private inspector would be charging an inspection fee. There being no further objection, Amendment #2 was ADOPTED. Co-Chair Green moved to report the bill, as amended, from Committee with individual recommendations and accompanying fiscal notes. There being no objection, CS SB 278 (FIN) was REPORTED from Committee with new zero fiscal note, dated April 26, 2004 from the Wage and Hour Section, Division of Labor Standards and Safety, Department of Labor and Workforce Development and a new $142,000 fiscal note, dated April 26, 2004 from the Mechanical Inspection Section, Division of Labor Standards and Safety, Department of Labor and Workforce Development.