A BILL TO BE ENTITLED
AN ACT to clarify When a claimant against an entity protected by governmental immunity has an adequate remedy at law.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 2 of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1‑13.1.  Adequacy of remedies in actions against local governments, local school boards, and State departments and agencies.
A claimant has no adequate remedy at law and shall not be restrained from pursuing any relief available under the Constitution of the United States and the Constitution of North Carolina when (i) the actions of any agent or employee of a local government, local school board, or State department or agency within the scope of the agent's or employee's authority or within the course of employment of the employee results in death or injury to person or property, (ii) no waiver of sovereign or governmental immunity is found to apply by a court of competent jurisdiction under any provision of the General Statutes, and (iii) no other claim for relief that would allow the claimant to recover fair compensation is available under State law."
SECTION 2.  This act is effective when it becomes law and applies to causes of action arising on or after that date.