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Tue, 12 May 2015 Senate: Withdrawn From Com(link is external)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