Bill Summary for H 404 (2021-2022)
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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 AND WANTON OR WILLFUL MISCONDUCT OR WHEN THERE IS APPLICABLE INSURANCE COVERAGE AND MAKING TECHNICAL CORRECTIONS TO S.L. 2021-171, THE NO PATIENT LEFT ALONE ACT.Intro. by Zachary, Warren.
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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.