Bill Summary for S 58 (2013-2014)

Summary date: 

Jun 24 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 58 (Public) Filed Tuesday, February 5, 2013
Intro. by Brown.

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Bill summary

House committee substitute deletes all the provisions of the 3rd edition and replaces it with AN ACT TO MAKE TECHNICAL CORRECTIONS TO SESSION LAW 2014-17. Also changes the bill's short title.

Under current law, the North Carolina statute of repose (GS 1-52(16)) prohibits a cause of action from accruing more than 10 years from the last act or omission of the defendant giving rise to the cause of action.Amends Section 1 of SL 2014-17 to declare that the General Assembly (was, legislature) finds that it never intended the statute of repose in GS 1-52(16) to apply to claims for a latent disease caused or contributed to by contaminated groundwater, or to claims for any latent harm caused or contributed to by contaminated groundwater.

Amends GS 130A-26.3, as enacted by Section 3 of SL 2014-17, to clarify that the 10-year time period indicated in GS 1-52(16) is not to be construed to bar an action for personal injury or property damages caused or contributed to by the consumption, exposure, or use of water supplied from groundwater contaminated by a hazardous substance, pollutant, or contaminant.

Rewrites Section 4 of SL 2014-17 to provide that the act becomes effective when it becomes law and applies to actions filed, arising, or pending on or after that date. Asserts that nothing in this act is intended to change existing law relating to product liability actions based upon disease. Deletes the expiration date (June 19, 2023) for SL 2014-17.

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