AN ACT CREATING A CIVIL CLAIM FOR RELIEF FOR DAMAGES SUSTAINED AS THE RESULT OF TERRORIST ACTS, AMENDING LAWS RELATED TO MEMBERS OF THE NORTH CAROLINA NATIONAL GUARD CARRYING CONCEALED WEAPONS, AND TO PERMIT THE RULES REVIEW COMMISSION TO RETAIN PRIVATE COUNSEL UNDER CERTAIN CIRCUMSTANCES. Enacted August 18, 2015. Sections 1 and 2 are effective October 1, 2015. The remainder is effective August 18, 2015.
Summary date: Aug 24 2015 - View summary
Summary date: Aug 4 2015 - View summary
Senate amendments make the following changes to the 2nd edition.
Amendment #2 amends the allowed damages as specified in proposed GS 1-539.2D for injuries to person or property as a result of a terrorist act, providing that damages are recoverable in the amount of the greater of three times actual damages or $50,000 (previously, three times or $10,000).
Amendment #3 amends GS 1-51 to clarify the claim period provisions, clarifying that suits, actions, or proceedings for damages under GS 1-539.2D must be brought within five years from the date of the injury.
Amendment #4 amends the long title and enacts a new GS 14-269(b)(3a) to provide that the prohibition on carrying concealed weapons does not apply to members of the NC National Guard who have been designated by the Adjutant General and have a concealed handgun permit while discharging their official duties. Enacts new subsection GS 143B-30.1(g) to allow the Rules Review Commission to retain private counsel if sued by another state entity, paid for by available State funds to defend the litigation either independently or in cooperation with the NC Department of Justice. Makes clarifying changes to the effective date provisions.
Summary date: Apr 22 2015 - View summary
House committee substitute makes the following change to the 1st edition.
Applies to acts committed on or after October 1 (was, December 1), 2015.
Summary date: Mar 27 2015 - View summary
Enacts new GS 1-539.2D allowing a person whose property or person is injured by a terrorist to sue and recover damages from the terrorist. Allows the recovery of damages in the greater of three times the actual damages, or $10,000 (corrected), plus court costs and attorneys' fees. Limits the claim period to five years from the date of the injury. Defines terrorist and acts of terror.
Makes conforming changes to GS 14-10.1.
Applies to acts committed on or after December 1, 2015.