GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2007-54

HOUSE BILL 552

 

 

AN ACT to PROVIDE QUALIFIED IMMUNITY FOR PERSONS SERVING ON LOCAL BOARDS OF TRUSTEES OF THE FIREMEN'S RELIEF FUND OF NORTH CAROLINA.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  Article 84 of Chapter 58 of the General Statutes of North Carolina is amended by adding a new section to read:

"§ 58-84-60.  Immunity.

A person serving on a local board of trustees of the Firemen's Relief Fund shall be immune individually from civil liability for monetary damages, except to the extent covered by insurance, for any act or failure to act arising out of this service, except where the person:

(1)       Was not acting within the scope of that person's official duties;

(2)       Was not acting in good faith;

(3)       Committed gross negligence or willful or wanton misconduct that resulted in the damages or injury;

(4)       Derived an improper personal financial benefit, either directly or indirectly, from the transaction; or

(5)       Incurred the liability from the operation of a motor vehicle."

SECTION 2.  This act becomes effective October 1, 2007, and applies only to causes of action arising on or after that date.

In the General Assembly read three times and ratified this the 16th day of May, 2007.

 

 

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 12:01 p.m. this 23rd day of May, 2007