North Carolina 2025-2026 Regular Session

North Carolina House Bill H891 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 891
	3	+	H D
	4	+	HOUSE BILL DRH10414-LR-18E
	5	+
5	6
6	7
7	8		Short Title: Civil Actions/State Agency and AG Litigation. (Public)
8		-	Sponsors: Representatives Blackwell, Schietzelt, Blust, and Howard (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
11		-	April 14, 2025
12		-	H891 -v-1
	9	+	Sponsors: Representative Blackwell.
	10	+	Referred to:
	11	+
	12	+	DRH10414 -LR-18E
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT ENACTING THE GOVERNMENT AGENCY FORUM SELECTION ACT AND 2
15	15		RELATING TO LITIGATION BY THE ATTORNEY GENERAL . 3
16	16		The General Assembly of North Carolina enacts: 4
17	17		SECTION 1. Chapter 1 of the General Statutes is amended by adding a new Article 5
18	18		to read: 6
19	19		"Article 54. 7
20	20		"Government Agency Forum Selection Act. 8
21	21		"§ 1-665. Government agency forum selection; requirements. 9
22	22		(a) It is the public policy of the State of North Carolina that its General Court of Justice 10
23	23		maintain primary jurisdiction to hear civil actions involving the State or a local political 11
24	24		subdivision of the State, as follows: 12
25	25		(1) For matters where a State court has concurrent jurisdiction with a federal 13
26	26		court, an action brought by the State or a local political subdivision of the State 14
27	27		shall be brought in State court. 15
28	28		(2) A State or local political subdivision of the State may file a civil action in 16
29	29		federal court rather than State court if the federal court has exclusive 17
30	30		jurisdiction over the subject matter of the action. 18
31	31		(3) In any case where the State or a local political subdivision of the State is a 19
32	32		defendant in a civil action, the State or local political subdivision of the State 20
33	33		shall not seek to remove, or consent to removal of, the action from State court 21
34	34		to federal court. 22
35	35		(b) This Article does not apply to agents of the State acting under G.S. 1-72.2 or 23
36	36		G.S. 120-32.6. 24
37	37		"§ 1-666. Severability. 25
38	38		If any provision of this Article or its application is held invalid or unconstitutional by any 26
39	39		court of competent jurisdiction, the invalidity or unconstitutionality shall not affect other 27
40	40		provisions or applications of this Article that can be given effect without the invalid or 28
41	41		unconstitutional provision or application. Therefore, the provisions of this Article are declared 29
42	42		to be severable." 30
43	43		SECTION 2. G.S. 114-2.8, as enacted by Section 3D.1 of S.L. 2024-57, reads as 31
44	44		rewritten: 32
45	45		"§ 114-2.8. Limitation on participation in foreign litigation.litigation. 33
46	46		The Attorney General shall initiate actions on behalf of the State to enforce or defend State 34
47		-	law and shall not, as a party, amicus, or any other participant in an action pending before a state 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 891-First Edition
	47	+	law and shall not, as a party, amicus, or any other participant in an action pending before a state 35
	48	+	H.B. 891
	49	+	Apr 9, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH10414-LR-18E
49	52		or federal court in another state, any jurisdiction, advance any argument that would result in the 1
50	53		invalidation of any statute enacted by the General Assembly." 2
51	54		SECTION 3. This act is effective when it becomes law. 3