House Debate on CTS Clarification Provides Insight

26
Jun 2014
House Debate on CTS Clarification Provides Insight

This month, the North Carolina General Assembly quickly passed a law (SB 574, S.L. 2014-17) clarifying the role of the statute of repose in N.C.G.S. 1-52 (16), with the intention to provide clarification in the wake of CTS v. Waldburger (details).

 

The floor debate in the North Carolina House of Representatives on SB 574 provides excellent background on intention of North Carolina legislature (audio available here). The content of the June 13, 2014 floor debate provides a fascinating insight on the reasons behind the bill, now Session Law 2014-17.

 

Representative Moffitt (R-Buncombe) explained, "The action we will take on this floor today is strictly one of clarifying the intent of this body in regards to how that statute of repose can be interpreted moving forward and how it should have been interpreted since its inception, somewhat 20 or 30 years ago."

 

Rep. McGrady (R-Henderson) suggested, "We oft times on the floor rail at how the Federal Government is jumping into this, that, and the other thing, and here, we've got a U.S. Supreme Court decision, where the U.S. Supreme Court was called on to interpret North Carolina law.  Well, ultimately, that's our role -- to determine what the law is....we are acting appropriately in our role, where there apparently is an ambiguity that probably most of us didn't recognize (Certainly, the folks who passed this law wouldn't ever anticipate it) and weigh in to provide some clarity with respect to a North Carolina law that has had to be interpreted by a North Carolina Court."

 

The later Senate debate audio available here.