Bill Summaries: S574 GROUNDWATER CONTAMINATION/MODIFY RESPONSE (NEW).

Tracking:
  • Summary date: Jun 23 2014 - More information

    AN ACT CLARIFYING THAT CERTAIN CIVIL ACTIONS RELATING TO GROUNDWATER CONTAMINATION ARE NOT SUBJECT TO THE TEN-YEAR STATUTE OF RESPONSE SET FORTH IN G.S. 1-52. Enacted June 20, 2014. Effective June 20, 2014.


  • Summary date: Jun 13 2014 - More information

    House amendments make the following changes to the 3rd edition.

    Amendment #1

    Changes the long title.

    Amends proposed GS 130A-26.3, Limitations period for certain groundwater contamination actions, deleting language that required the claimant's last exposure to contaminated groundwater to have occurred before June 19, 2013, in order for the 10-year period to not serve as a bar to its claim of action.

    Makes a clarifying change to the effective date clause, providing that once enacted the law also applies to actions filed on or after that date.

    Deletes expiration clause, which previously provided that the act expired on June 19, 2023.

    Amendment #2

    Amends the enactment clause of the act to provide that the act applies to actions arising or pending on or after the date the act becomes law. Also provides that an action is to be considered pending if there has been no final disposition with prejudice and mandate issued against that plaintiff by the highest court of competent jurisdiction where the claim was timely filed or appealed. Adds back in the expiration date, providing that the act expires on June 19, 2023, but is not effective for claims for relief brought on or after that date and does not affect actions pending on that date.

     

     


  • Summary date: Jun 12 2014 - More information

    House committee substitute makes the following changes to the 2nd edition:

    Changes the short and long titles.

    Deletes all of the provisions of the previous edition.

    Enacts new GS 130A-26.3, concerning limitation periods for certain groundwater contamination actions, providing that the 10-year period set out in GS 1-52(a)(16) will not be construed to bar an action for personal injury or property damage caused or contributed to by the consumption, exposure, or use of groundwater contaminated by a hazardous substance, if the claimant's last exposure to the contaminated groundwater occurred on or before June 19, 2013. Sets out definition for contaminated by a hazardous substance, pollutant, or contaminant.

    Amends GS 1-52, making conforming changes.

    Act is effective when it becomes law and applies to actions arising or pending on or after that date. Action is considered pending if the plaintiff has not received a final disposition with prejudice as to all the claims for relief that this act applies to. Act expires on June 19, 2023, and is not effective for claims for relief brought on or after that date, but does not affect actions pending on that date.


  • Summary date: May 2 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 15A-534 to clarify that the person who provides an appearance bond (surety)is automatically released from the obligation under that bond whenever any of the listed events occur. Enacts new subsection (h1) toclarify that the surety,as defined in GS 15A-531(8), would be automatically released from the obligation on the bond 36 months from the date of release of a bail bond where the defendant is charged with a misdemeanor. Provides that the obligation of the defendant on the bail bond remains until it terminates under other provisions of this section. Deletes subdivision (5), moving some of the content of that section to new subsection (h1) anddeleting provision that directs the judicial official to determine whether a defendant is again entitled to release and the conditions of that release when the obligation automatically terminates for the obligor in the specified circumstance.

    Directs the Administrative Office of the Courts to modify the appearance bond and release form to provide a bond principal with notice of the provisions in GS 15A-534(h1). Requires professional bondsmen or insurance companies obligated on a bond subject to termination under theapplication of this act that was executed before the effective date of the actto provide written notice to the defendant that his or her obligation on the bond will terminate 36 months after the bond was providedor 30 days after the notice was mailed, whichever date is later.


  • Summary date: Apr 1 2013 - More information

    Amends GS 15A-534(h), making a technical change and adding to the instances of automatic termination of the obligation of an obligor for a bail bond. Providing that such an obligation automatically terminates (unless other specified events trigger the termination at an earlier time) when 36 months have passed from the date of release on a bail bond where the defendant is charged with a misdemeanor, except in offenses involving impaired driving. When the obligation automatically terminates under this subdivision, the judicial official will decide whether the defendant is entitled to release and, if so, upon what conditions.

    Effective December 1, 2013, applying to bail bonds executed before, on, or after that date.


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