HB 405: Property Protection Act

The Votes

Voting For:

SENATE: Tom Apodaca(R),  Jim Davis (R), Warren Daniel (R), Ralph Hise (R), Dan Soucek (R)

HOUSE: Roger West (R), Michele Presnel (R), Chuck McGrady (R), Chris Whitmire (R), Mike Hagar (R), Hugh Blackwell (R), Josh Dobson (R), Jonathan Jordan (R)

Voting Against:

SENATE: Terry Van Duyn (D) 

HOUSE: John Ager (D), Brian Turner (D), Susan Fisher (D), Joe Sam Queen (D)

Not Voting:


Summary: HB 405 allows employers to sue their employees for using non-public photos, documents etc. against the interests of the employer. Specifically, it broadens the NC Statute 99A-1 from Civil Remedies for Criminal Actions to Civil Remedies for Interference With Property. It allows an employer to take legal action against an employee who:  a.  takes photographs, makes recordings, or copies records; b. in a nonpublic area of the workplace; c.  without permission;  and d. uses those documents “against the interest of the employer”. This could affect employee efforts to document ongoing environmental violations such as improper disposal of hazardous substances. Known as the Ag Gag Bill--however, it does not just affect agricultural workers or documentation of animal cruelty but is applied broadly to "property owners."   Click here for official bill history, bill text, and vote records.

Status: Introduced in the House on 03/13/2015, referred to the House committee on judiciary II, referred to the committee on rules and operations of the senate, re-referred to the Senate committee on commerce, vetoed by the governor on 05/29/2015, placed on call for 06/03/2015, veto overridden by senate on 06/03/2015. Effective January 1, 2016 

WNC Legislators sponsoring the bill: 

  • Primary Sponsor: Chris Whitmire (R), Jonathan Jordan (R),
  • CoSponsor: Chuck McGrady (R), Brian Turner (D)