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.
PROPERTY PROTECTION ACT.
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View NCGA Bill Details | 2015-2016 Session |
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.Intro. by Szoka, Whitmire, Jordan, R. Moore.
Bill History:
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Tue, 31 Mar 2015 House: Filed
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Wed, 1 Apr 2015 House: Passed 1st Reading
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Wed, 1 Apr 2015 House: Ref To Com On Judiciary II
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Tue, 21 Apr 2015 House: Reptd Fav Com Substitute
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Tue, 21 Apr 2015 House: Cal Pursuant Rule 36(b)
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Tue, 21 Apr 2015 House: Placed On Cal For 04/22/2015
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Wed, 22 Apr 2015 House: Amend Adopted A1
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Wed, 22 Apr 2015 House: Passed 2nd Reading
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Wed, 22 Apr 2015 House: Passed 3rd Reading
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Wed, 22 Apr 2015 House: Ordered Engrossed
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Thu, 23 Apr 2015 House: Regular Message Sent To Senate
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Thu, 23 Apr 2015 Senate: Regular Message Received From House
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Thu, 23 Apr 2015 Senate: Passed 1st Reading
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Thu, 23 Apr 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 12 May 2015 Senate: Withdrawn From Com
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Tue, 12 May 2015 Senate: Re-ref Com On Commerce
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Thu, 14 May 2015 Senate: Reptd Fav
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Mon, 18 May 2015 Senate: Amend Tabled A1
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Mon, 18 May 2015 Senate: Passed 2nd Reading
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Mon, 18 May 2015 Senate: Passed 3rd Reading
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Mon, 18 May 2015 Senate: Ordered Enrolled
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Tue, 19 May 2015 Ratified
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Wed, 20 May 2015 Pres. To Gov. 5/20/2015
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Fri, 29 May 2015 Vetoed 05/29/2015
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Mon, 1 Jun 2015 House: Placed On Cal For 06/03/2015
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Wed, 3 Jun 2015 House: Veto Overridden
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Wed, 3 Jun 2015 Senate: Veto Received From House
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Wed, 3 Jun 2015 Senate: Placed on Today's Calendar
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Wed, 3 Jun 2015 Senate: Veto Overridden
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Thu, 4 Jun 2015 Signed by Gov. 6/4/2015
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Thu, 4 Jun 2015 Ch. SL 2015-50
Bill Summaries:
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Bill H 405 (2015-2016)Summary date: Jun 4 2015 - View Summary
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Bill H 405 (2015-2016)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
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Bill H 405 (2015-2016)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.
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Bill H 405 (2015-2016)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.
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Bill H 405 (2015-2016)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.