NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 169

HOUSE BILL 238

AN ACT TO ESTABLISH THE LIMITATION ON ACTIONS BROUGHT UNDER CHAPTER 75 OF THE GENERAL STATUTES.

The General Assembly of North Carolina enacts:

Section 1.  Chapter 75 of the General Statutes, as the same appears in 1975 Replacement Volume 2C, is hereby amended by adding thereto a new section 75-16.2 to read as follows:

"§ 75-16.2.  Limitation of actions. — Any civil action brought under this Chapter to enforce the provisions thereof shall be barred unless commenced within four years after the cause of action accrues.

When any civil or criminal proceeding shall be commenced by the Attorney General or by any of the district attorneys of the State to prevent, restrain or punish a violation of Chapter 75, the running of the period of limitation with respect to every private right of action arising under Chapter 75 and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof and for one year thereafter; provided that when the running of the period of limitation with respect to a cause of action arising under Chapter 75 shall be suspended hereunder, any action to enforce such cause of action shall be barred unless commenced either within the period of suspension or within four years after the cause of action accrued, whichever is later."

Sec. 2.  This act is effective upon ratification but shall not apply to any pending civil action.

In the General Assembly read three times and ratified, this the 21st day of March, 1979.