NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 777

SENATE BILL 132

 

 

AN ACT TO REPEAL THE NOTICE REQUIREMENTS AND AMEND THE STATUTES OF LIMITATIONS FOR CLAIMS AGAINST LOCAL UNITS OF GOVERNMENT.

 

The General Assembly of North Carolina enacts:

 

Section 1. G.S. 1-539.15 is repealed.

Sec. 2. G.S. Chapter 1, Article 43C is amended by adding a new section to read:

"§ 1-539.16. Notice of claims against local units of government. - No local act, including city charters, shall require a notice to a local unit of government of any claim against it and prohibit suit against the local unit if notice is not given or limit the period during which an action may be brought on such a claim after notice has been given."

Sec. 3. G.S. 1-53(1) is rewritten to read:

"(1)      An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article."

Sec. 4. G.S. 1-52(1) is amended by adding after the word "sections" the words "or in G.S. 1-53(1)".

Sec. 5. This act is effective upon ratification, but shall not apply to pending claims.

In the General Assembly read three times and ratified, this the 2nd day of July, 1981.