AN ACT TO PROTECT PROPERTY OWNERS FROM DAMAGES RESULTING FROM INDIVIDUALS ACTING IN EXCESS OF THE SCOPE OF PERMISSIBLE ACCESS AND CONDUCT GRANTED TO THEM. Enacted June 3, 2015. Effective January 1, 2016.
Summary date: Jun 4 2015 - View summary
Summary date: Jun 1 2015 - View summary
The Governor vetoed the act on 5/29/15. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2015/H405Veto/H405Veto.html
Summary date: Apr 22 2015 - View summary
House amendment makes the following changes to the 2nd edition:
Amends the effective date to clarify that in addition to being effective January 1, 2016, it applies to acts committed on or after that date.
Summary date: Apr 21 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 99A-2 as follows. Imposes liability only when a person intentionally gains access (was, a person gains access) to another's nonpublic areas and engages in an act that exceeds the person's authority. Amends the acts that are considered acts that exceed a person's authority to enter the nonpublic area of another's premises as follows: (1) removes references to an employee seeking to enter the nonpublic areas of a an employer's premises for specified reasons; (2) amends the provisions concerning an employee's use of images or sound recordings to include an employee who intentionally enters the nonpublic areas of an employer's premises for a reason other than a bona fide intent of seeking or holding employment or doing business with the employer and, without authorization, records images or sound occurring within an employer's premises and uses the recording to breach the person's duty of loyalty to the employer; (3) includes an act that substantially interferes (was, interferes) with the ownership or possession of real property. Requires intent on the behalf of a person who directs, assists, compensates, or induces another to violate the statute in order to hold the person jointly liable. Makes clarifying changes to the available remedies. Adds that party who is covered by Article 21 (Retaliatory Employment Discrimination) of GS Chapter 95 or Article 14 (Protection for Reporting Improper Government Activities) of GS Chapter 126 cannot be liable under this statute.
Summary date: Mar 31 2015 - View summary
Identical to S 433, filed 3/25/15.
Enacts new GS 99A-2 making any person who gains access to the nonpublic area of another's premises and engages in an act that exceeds the person's authority to enter those areas liable to the owner or operator of the premises for any damages sustained. Lists examples of acts that exceed a person's authority to enter the nonpublic areas of another's premises, including an employee who, without authorization, creates or produces an image or sound occurring within an employer's premises and uses the recording to breach the person's duty of loyalty to the employer or conspire in organized retail theft. Assigns joint liability to any person who directs, assists, compensates, or induces another person to violate the statute. Allows a prevailing plaintiff to be awarded equitable relief, damages, costs and fees, including attorneys' fees, and $5,000 in exemplary damages per day that the defendant acted in violation of the statue. Exempts from the statute any governmental agency or law enforcement officer engaged in a lawful investigation of the premises or the owner or operator of the premises.
Effective January 1, 2016.