2/2/2017
The Daily Bulletin: 2017-02-02 1 Legislative Reporting Service
UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: 2017-02-02
PUBLIC/HOUSE BILLS
H 37 (2017-2018) PROTECT LAW ENFORCEMENT OFFICERS. Filed Feb 2 2017, AN ACT TO PROTECT MUNICIPAL LAW
ENFORCEMENT OFFICERS WHO REPORT IMPROPER OR UNLAWFUL GOVERNMENT ACTIVITY FROM RETALIATION.
Enacts GS 160A-290. Protection from retaliation for municipal law enforcement officers. Defines employing agency and
municipal law enforcement officer. Provides a statement of policy and establishes the following protections and remedies.
Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a municipal law enforcement
officer regarding the officer's compensation, terms, conditions, location, or privilege of employment because the officer or a
person acting on the officer's behalf reports or is about to report activity constituting ( 1 ) a violation of State or federal law, rule, or
regulation, (2) fraud. (3) misappropriation of State and local government resources, (4) substantial and specific danger to the
public health and safety, or (5) gross mismanagement, a gross waste of monies, or gross abuse of authority. Clarifies that this
prohibition does not apply where the officer knows or has reason to believe that the report is inaccurate. Prohibits a municipal law
enforcement officer from retaliating against another municipal law enforcement officer because the officer or a person acting on
the officer's behalf reports or is about to report activity constituting any of the above descriptions.
Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a municipal law enforcement
officer regarding the officer's compensation, terms, conditions, location, or privilege of employment because the officer refused to
carry out a directive that constitutes a violation of State or federal law, rule, or regulation, or poses a substantial and specific
danger to the public health and safety. Prohibits a municipal law enforcement officer from retaliating against another municipal
law enforcement officer because die officer refused to carry out such a directive.
Establishes a right of action and remedies for injuries stemming from a violation of the new statute. Lists remedies to damages,
injunction, reinstatement of die officer, payment of back wages, full reinstatement of fringe benefits and seniority rights, costs,
reasonable attorneys' fees, or any combination thereof. Sets a one year statute of limitations for a claim arising under diis statute
from the date the alleged violation occurred. Clarifies that any claim arising under Article 2 1 of GS Chapter 95. Retaliatory
Employment Discrimination, can be maintained pursuant to those provisions, and can only be redressed by relief available under
diat Article.
Requires an officer to be awarded costs and reasonable attorneys' fees if permanent injunction is granted. Further, in an action
seeking damages, requires the court to award damages three times the amount of actual damages, in addition to costs and
reasonable attorneys' fees, if the court finds the officer was injured by willful violation of die statute.
Makes it the duty of the employing agency of the municipal law enforcement oft'icer to post notice to keep officers informed of
their protections and obligations under the new statute.
Effective October 1. 201 7, and applies to acts incurring liability on or after dial date.
Intro, by Malone, Dollar, Conrad, Jackson.
GS 160A
View summary
Courts/Judiciary, Civil, Civil Law, Employment and
Retirement, Government, Public Safety, Local Government
H 38 (2017-2018) FUNDING FOR SCOTLAND COUNTY FARMERS MARKET. Filed Feb 2 201 7, AN ACT TO APPROPRIATE
FUNDS FOR A FARMERS MARKET IN SCOTLAND COUNTY.
Appropriates $100,000 fa 2017-18 from the General Fund to the City of Laurinburg to support the
development and promotion of a fanners' market in the City serving the Scotland County region.
https://lrs.sog.unc.edu/lrs-subscr-view/dailybulletin/201 7-02-02#
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