IMMUNITY FOR 911 DISPATCHERS.

View NCGA Bill Details2021
House Bill 404 (Public) Filed Wednesday, March 24, 2021
AN ACT PROVIDING THAT PUBLIC SAFETY ANSWERING POINTS, REGIONAL PUBLIC SAFETY ANSWERING POINTS, AND THEIR EMPLOYEES AND AGENTS AND EMPLOYEES OF LAW ENFORCEMENT AGENCIES ARE NOT LIABLE FOR DAMAGES IN A CIVIL ACTION EXCEPT IN CASES OF GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT.
Intro. by Zachary, Warren.

Status: Returned to the Conference Committee (House action) (Sep 15 2021)

SOG comments (2):

Long title change

Senate committee substitute to the 2nd edition changed the long title. Original title was AN ACT PROVIDING THAT PUBLIC SAFETY ANSWERING POINTS, REGIONAL PUBLIC SAFETY ANSWERING POINTS, AND THEIR EMPLOYEES AND AGENTS ARE NOT LIABLE FOR DAMAGES IN A CIVIL ACTION EXCEPT IN CASES OF WANTON OR WILLFUL MISCONDUCT.

Long title change

Conference report changed the long title. Previous title was AN ACT PROVIDING THAT PUBLIC SAFETY ANSWERING POINTS, REGIONAL PUBLIC SAFETY ANSWERING POINTS, AND THEIR EMPLOYEES AND AGENTS AND EMPLOYEES OF LAW ENFORCEMENT AGENCIES ARE NOT LIABLE FOR DAMAGES IN A CIVIL ACTION EXCEPT IN CASES OF WANTON OR WILLFUL MISCONDUCT.

Bill History:

H 404

Bill Summaries:

  • Summary date: Sep 8 2021 - More information

    Conference report makes the following changes to the 3rd edition. Further amends GS 143B-1413 to more specifically exempt the previously named individual and entities (employees, directors, officers, vendors, and agents of a communications provider, a 911 system provider, next generation 911 system providers, public safety answering point (PSAP) and a regional PSAP, and employees of a law enforcement agency who are certified by the North Carolina Sheriffs' Education and Training Standards Commission) from liability for any damages in excess of any applicable insurance coverage in a civil action resulting from death or injury to a person or from damage to property incurred by any person in connection with developing, adopting, implementing, maintaining, or operating the 911 system (previously, provided for limited liability for the named individuals for any damages in the described civil actions, without regard to applicable insurance coverage). Specifically prohibits applicable insurance coverage from excluding coverage for damages arising from the described actions. Adds to the exceptions to the limitation on liability granted, cases of gross negligence by the individual. Adds to the introductory language to reflect that the statute was amended by SL 2021-88. Makes conforming changes to the act's long title.


  • Summary date: Jun 29 2021 - More information

    Senate committee substitute makes the following changes to the 2nd edition. Further amends GS 143B-1413 to also exempt employees of a law enforcement agency who are certified by the North Carolina Sheriffs' Education and Training Standards Commission from liability for any damages in a civil action resulting from death or injury to a person or from damage to property incurred by any person in connection with developing, adopting, implementing, maintaining, or operating the 911 system. Specifies that the statute does not apply to actions arising out of the operation or ownership of a motor vehicle by an employee of a law enforcement agency. Makes conforming changes to the act's long title.


  • Summary date: Apr 28 2021 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends the proposed changes to GS 143B-1413 to no longer remove communications service providers from those granted civil immunity under the statute. 


  • Summary date: Mar 24 2021 - More information

    Expands GS 143B-1413 to provide immunity for a public safety answering point (PSAP) and a regional PSAP and their employees, directors, officers, vendors and agents for any damages in a civil action resulting from death or injury to any person or from damage to property incurred by any person in connection with developing, adopting, implementing, maintaining, or operating the 911 system, in addition to the 911 system providers and next generation 911 system providers, and their agents, currently granted immunity. Removes communications service providers from those granted immunity. Specifies that the immunity includes the actions of call taking, dispatching, radio operations, data terminal operations, or any combination of these call-taking functions in a PSAP. More specifically excludes actions arising out of the operation or ownership of a motor vehicle by an employee or agent of a 911 system provider, next generation 911 system provider, PSAP, or regional PSAP. Eliminates the existing provisions providing for the burden of proof in civil actions against a PSAP and its agents.


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