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.
TERROR CLAIMS/DAMAGES/LIABILITY FOR SUPPORT.
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View NCGA Bill Details(link is external) | 2015-2016 Session |
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.Intro. by Whitmire, Cleveland, Stevens.
Bill History:
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Thu, 26 Mar 2015 House: Filed(link is external)
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Mon, 30 Mar 2015 House: Passed 1st Reading(link is external)
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Wed, 1 Apr 2015 House: Reptd Fav(link is external)
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Wed, 1 Apr 2015 House: Re-ref Com On Judiciary I(link is external)
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Wed, 22 Apr 2015 House: Reptd Fav Com Substitute(link is external)
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Wed, 22 Apr 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 22 Apr 2015 House: Added to Calendar(link is external)
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Wed, 22 Apr 2015 House: Passed 2nd Reading(link is external)
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Wed, 22 Apr 2015 House: Passed 3rd Reading(link is external)
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Thu, 23 Apr 2015 House: Regular Message Sent To Senate(link is external)
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Thu, 23 Apr 2015 Senate: Regular Message Received From House(link is external)
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Thu, 23 Apr 2015 Senate: Passed 1st Reading(link is external)
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Wed, 15 Jul 2015 Senate: Withdrawn From Com(link is external)
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Wed, 15 Jul 2015 Senate: Re-ref Com On Judiciary I(link is external)
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Thu, 23 Jul 2015 Senate: Reptd Fav(link is external)
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Mon, 27 Jul 2015 Senate: Withdrawn From Cal(link is external)
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Mon, 27 Jul 2015 Senate: Placed On Cal For 07/28/2015(link is external)
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Tue, 28 Jul 2015 Senate: Withdrawn From Cal(link is external)
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Tue, 28 Jul 2015 Senate: Placed On Cal For 07/29/2015(link is external)
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Wed, 29 Jul 2015 Senate: Withdrawn From Cal(link is external)
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Wed, 29 Jul 2015 Senate: Placed On Cal For 08/03/2015(link is external)
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Mon, 3 Aug 2015 Senate: Amendment Withdrawn A1(link is external)
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Mon, 3 Aug 2015 Senate: Passed 2nd Reading(link is external)
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Tue, 4 Aug 2015 Senate: Amend Adopted A2(link is external)
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Tue, 4 Aug 2015 Senate: Amend Adopted A3(link is external)
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Tue, 4 Aug 2015 Senate: Amend Tabled A5(link is external)
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Tue, 4 Aug 2015 Senate: Amend Adopted A4(link is external)
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Tue, 4 Aug 2015 Senate: Passed 3rd Reading(link is external)
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Wed, 5 Aug 2015 Senate: Regular Message Sent To House(link is external)
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Thu, 6 Aug 2015 House: Cal Pursuant 36(b)(link is external)
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Thu, 6 Aug 2015 House: Added to Calendar(link is external)
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Thu, 6 Aug 2015 House: Concurred In S Amend SA2(link is external)
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Thu, 6 Aug 2015 House: Concurred In S Amend SA3(link is external)
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Thu, 6 Aug 2015 House: Concurred In S Amend SA4(link is external)
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Thu, 6 Aug 2015 House: Ordered Enrolled(link is external)
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Mon, 10 Aug 2015 Ratified(link is external)
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Tue, 11 Aug 2015 Pres. To Gov. 8/11/2015(link is external)
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Tue, 18 Aug 2015 Signed by Gov. 8/18/2015(link is external)
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Tue, 18 Aug 2015 Ch. SL 2015-215(link is external)
Bill Summaries:
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Bill H 371 (2015-2016)Summary date: Aug 24 2015 - View Summary
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Bill H 371 (2015-2016)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.
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Bill H 371 (2015-2016)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.
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Bill H 371 (2015-2016)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.
Senate amendment #4 to the 2nd edition changed long title. Long title was AN ACT CREATING A CIVIL CLAIM FOR RELIEF FOR DAMAGES SUSTAINED AS THE RESULT OF TERRORIST ACTS.