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2008 SUMMARY OF NEW STATE LAWS - NORTH CAROLINA

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 133

91

All-Terrain Vehicles

Exempts the use of all-terrain vehicles for beach driving from the requirements of all-terrain vehicle regulation. Effective date: July 11, 2008.

HB 738

124

UM/UIM

Requires uninsured and underinsured motorist coverage; makes technical changes to insurance financial provisions; amends the unauthorized insurer laws; clarifies that the rate evasion law applies only to private passenger vehicles; clarifies that the rate evasion law applies to ceded and unceded policies; revises managed care and HMO record retention laws; relates to health insurance risk pool laws; strengthens professional employer organization protections; prohibits free insurance. Effective date: Varies.

HB 2340

178

Traffic Safety

Increases the protection of children who ride in the back of pickup trucks or open beds of vehicles by raising the minimum age; removes the exemption that makes allowance for small counties; modifies the exemption that makes an allowance for agricultural enterprises; increases penalties. Effective date: October 1, 2008.

HB 2341

178

Traffic Safety

Limits liability for the acts of certified child passenger safety technicians and sponsoring organizations of child safety seat educational and checking programs when technicians and sponsoring organizations are acting in good faith and child safety seat inspections, installation, adjustment, or education programs are provided without fee or charge. (Same as SB 1736). Effective date: October 1, 2008.

HB 2391

182

Traffic Safety

Authorizes the Division of Motor Vehicles to consider recommendations from the clerk of court in determining whether to revoke the driver's license of a person adjudicated incompetent under the guardianship laws, as recommended by the Study Commission on Aging. (Same as SB 1805). Effective date: October 1, 2008.

HB 2487

217

Teen Drivers

Changes the format of a driver's license or special identification card being issued to a person less than twenty-one years of age from a horizontal format to a vertical format to make recognition of underage persons easier for clerks dealing in restricted age sales of products such as alcoholic beverages and tobacco products as recommended by the Child Fatality Task Force. (Same as SB 1891). Effective date: October 1, 2008.

HB 2498

195

Underground Storage Tanks

Provides additional funds for the assessment and cleanup of releases and discharges of petroleum from underground storage tanks; increases the fees paid by owners and operators of commercial underground storage tanks; limits the time for an eligibility determination, requests for payment or reimbursement may be submitted to the department; relates to civil actions, clarification of financial responsibility, secondary containment, expedited assessment, cleanup pilot programs and site reclassification. (Same as SB 1936). Effective date: Varies.

HB 2570

160

Traffic Safety

Authorizes the movement of trailer frames not exceeding fourteen feet in width to another location no farther than three miles away from the point of origin for continued manufacturing of the transfer trailer with an annual permit; provides for maximum weight limits. Effective date: August 3, 2008.

SB1695

221

Traffic Safety

Authorizes persons who hold a Class C license to operate specified vehicle and boat trailer combinations; relates to farm license plates, municipal concurrence for designation of truck routes, permits for 53-foot trailers on primary highways, highway operation of vehicles up to 25 feet wide, width limits and time of operation of towed boat trailers, increased weight limits for vehicles hauling agricultural crops and compressed seed cotton and modification of vehicles transporting raw logs to first market. (Same as HB 2408). Effective date: September 1, 2008.

SB 1924

219

Building Codes

Authorizes the North Carolina building code council to study and adopt provisions in the building code pertaining to the installation of carbon monoxide detectors in certain single-family or multifamily dwellings; requires the installation of operational carbon monoxide detectors in certain residential rental property; provides for mutual obligations between landlords and tenants regarding the installation and upkeep of carbon monoxide detectors; makes conforming changes. Effective date: Varies.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.