Bill Summaries: S58 CLARIFY STATUTE OF REPOSE (NEW).

Tracking:
  • Summary date: Jul 1 2014 - More information

    A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL CORRECTIONS TO SESSION LAW 2014-17. Enacted June 30, 2014. Effective June 30, 2014.

     

  • Summary date: Jun 24 2014 - More information

    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.


  • Summary date: May 1 2013 - More information

    Senate committee substitute to the 2nd edition makes the following changes. Amends GS 75A-5 to simplify the fees structure for certificates of number to include only the following: (1) fee for a one-year period is $25 for a vessel less than 26 feet in length and $50 for a vessel 26 feet or more in length and (2) fee for a three-year period is $75 for a vessel that is less than 26 feet in length and $150 for a vessel that is 26 feet or more in length. Also deletes the provision providing that no fee is required for a period of one year for renewal of certificates of number that have been previously issued to commercial fishing vessels upon compliance with the requirements of GS 75A-5.1. Repeals GS 75A-5.1 (Commercial fishing vessels; renewal of identification number).

    Changes the name of the Shallow Draft Inlet Dredging Fund in new Part 8B to the Shallow Draft Navigation Channel Dredging Fund (Fund) and makes conforming changes throughout the act. Provides that revenue in the Fund may only be used to provide the state's share of the costs associated with any dredging project designed to keep a shallow draft navigation channel (was, shallow draft inlet) located in state waters navigable and safe. Amends the definition of shallow draft navigation channel (was, shallow draft inlet) to also mean other interior coastal waterways.

    Amends GS 105-449.426 to require the Secretary of Revenue to credit, on an annual basis, to the Fund 1/6 of 1% of the amount that is allocated to the Highway Fund under GS 105-449.125 and is from the excise tax on motor fuel. Revenue credit to the Fund may be used only for the dredging activities described in GS 143-215.73F. Makes conforming changes to GS 143-215.73F.

    Changes the act's effective date from July 1, 2013, to October 1, 2013.


  • Summary date: Mar 5 2013 - More information

    Senate committee substitute to the 1st edition amends GS 143-215.73F (Shallow Draft Inlet Dredging Fund) to define shallow draft inlet, for the purposes of the statute, as a waterway connection, with a maximum depth of 14 feet, between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway, or a river entrance to the Atlantic through which tidal and other currents flow.


  • Summary date: Feb 5 2013 - More information

    Enacts new GS 143-215.73F to establish the Shallow Draft Inlet Dredging Fund (Fund) as a special revenue fund. Specifies that revenue in the Fund may only be used on any dredging project designed to keep a shallow draft inlet located in North Carolina waters navigable and safe. Requires that projects funded from the Fund be cost shared with non-state money on a one-to-one basis. Enacts new subsection (a1) to GS 75A-5 to set out a schedule of fees based on vessel length for certificates of number for one-year periods and for three-year periods (previously, fee was $15 for one-year period and $40 for three-year period).  Amends GS 75A-3(c) to direct the Wildlife Resources Commission (Commission) to transfer on a quarterly basis at least 50% of each one-year certificate of number fee and at least 50% of each three-year certificate of number fee collected under GS 75A-5 to the Fund. Amends GS 75A-38, directing the Commission to charge a fee of $30 (was, $20) to issue a new or transfer certificate of title under the vessel titling act. Directs the Commission to transfer on a quarterly basis at least $10 of this fee to the Fund.

    Amends GS 75A-7 to remove the exemption from numbering requirements on vessels with a valid marine document issued by the Customs Bureau. Amends GS 75A-34 to clarify that a vessel must be titled in North Carolina if the vessel's documentation with the US Coast Guard has expired or been deleted.

    Effective July 1, 2013.


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