Bill

HB 1150

NC Constitutional Rights Act/Funds.

2025-2026 Session Introduced by Eric Ager and 17 co-sponsors

Creates a NC civil cause of action for violations of federal constitutional rights by actors under color of law, expanding remedies in NC.

Passed 1st Reading

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Bill Summary · HB 1150

Summary of HB 1150 (Session 2025) – North Carolina Constitutional Rights Act/Funds

Purpose and intent

Establishes a new statutory framework, the North Carolina Constitutional Rights Act, to provide a civil remedy in North Carolina for violations of federal constitutional rights.
Aims to ensure robust protection of federal constitutional rights for individuals within North Carolina, addressing perceived gaps in federal remedies when acts are performed under color of federal law.

Key provisions and changes

Creation of Chapter 99F: North Carolina Constitutional Rights Act

Prominent new chapter added to the General Statutes (Chapter 99F).

§ 99F-1. Title; purpose; definitions

Declares the act as “North Carolina Constitutional Rights Act.”
States findings:
- North Carolinians are entitled to full protection of rights under the U.S. Constitution.
- Violations should be subject to a legal remedy.
- Federal law provides inadequate or inconsistent remedies for violations by individuals acting under color of federal law.
- North Carolina courts have historically provided remedies for injuries to state fundamental rights even absent statutory remedies.
- The state should provide a civil cause of action for deprivations of federal constitutional rights within its jurisdiction.
Defines “under color of law” to include actions under the authority of any state/local government or the United States.

§ 99F-2. Civil action for deprivation of federal constitutional rights

Any person in North Carolina may sue another person who, under color of law, deprives a person within the state of rights protected by the U.S. Constitution.
Venue: Actions may be filed in any county permitted under G.S. 1-82 or where the violation occurred.
Remedies available:
- Compensatory damages
- Declaratory or injunctive relief
- Reasonable attorneys’ fees and costs to a prevailing plaintiff

§ 99F-3. Defenses; immunities

Defendants may raise defenses or immunities as allowed under federal law, to the same extent as defenses under 42 U.S.C. § 1983.

§ 99F-4. Limitations

Actions must commence within three years after accrual of the cause of action.

§ 99F-5. Statutory construction

Clarifies limitations and non-waivers:
- Does not impair or limit existing state or federal remedies.
- Does not authorize a claim against the State of North Carolina or its agencies under this act.
- Does not waive sovereign immunity for the State or local subdivisions.
Purpose is to vindicate civil claims for violations of federal constitutional rights.
Intends to extend to claims brought under the U.S. Constitution as interpreted by the Federal Tort Claims Act and the Westfall Act (28 U.S.C. § 2679).

§ 99F-6. Severability

If any provision is held invalid, remaining provisions may still operate.

Financial provisions

Section 2: Budget and education funding
- Effective July 1, 2026, $150,000 (nonrecurring) from the General Fund to the Department of Justice for the 2026-2027 fiscal year.
- Purpose: educate the public about rights under this act.

Effective date and applicability

General effective date: October 1, 2026.
Applies to causes of action accruing on or after October 1, 2026.
Does not create new claims against the State or its agencies (sovereign immunity preserved for state actors).

Who is affected

Private individuals within North Carolina may sue other private individuals or entities for deprivation of federal constitutional rights, when such deprivation occurs under color of law.
The act potentially expands civil remedies for federal constitutional rights violations occurring within the state, beyond existing federal-law routes (e.g., 42 U.S.C. § 1983), particularly where federal remedies are perceived as inadequate.

Procedural and timeline notes

Filing venue allowed in counties per existing NC venue rules (G.S. 1-82) or where the violation occurred.
Three-year statute of limitations from accrual.
Defenses aligned with federal law (mirroring 42 U.S.C. § 1983 defenses).
Nonrecurring education funding earmarked for public awareness and understanding of rights.