Bill Summary for H 405 (2015-2016)

Summary date: 

Apr 21 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 405 (Public) Filed Tuesday, March 31, 2015
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.

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Bill 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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