House committee substitute to the 1st edition makes the following changes.
Expands the exclusions from new Article 54, Government Agency Forum Selection Act, GS Chapter 1 to exclude lawsuits against an employee, officer, or agent of a judicial department entity, including judges; district attorneys; law enforcement officers and agencies; and local governments. Also excludes lawsuits filed by people who are incarcerated, those involving Medicaid, and employment discrimination claims.
Adds a new subsection to GS 114-2.8 prohibiting the Attorney General from entering into a class action lawsuit without legislative approval. Provides a process for approval when the NCGA is not in regular session, as defined, whereby joint approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate is required.
Bill Summaries: H891 CIVIL ACTIONS/STATE AGENCY AND AG LITIGATION.
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Bill H 891 (2025-2026)Summary date: May 6 2025 - View Summary
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Bill H 891 (2025-2026)Summary date: Apr 9 2025 - View Summary
Adds new Article 54, Government Agency Forum Selection Act, to GS Chapter 1, providing as follows. Makes it state public policy that its General Court of Justice maintain primary jurisdiction to hear civil actions involving the State or one of its local political subdivisions, as follows: (1) for matters where a State court has concurrent jurisdiction with a federal court, an action brought by the State or a local political subdivision of the State must be brought in State court; (2) allows a State or local political subdivision to file a civil action in federal court instead of State court if the federal court has exclusive jurisdiction over the subject matter; and (3) in any case where the State or a local political subdivision is the defendant in a civil action, it must not seek to remove, or consent to removal of, the action from State court to federal court. Excludes agents of the State acting under GS 1-72.2 or GS 120-32.6. Includes a severability clause in the Article.
Amends GS 114-2.8 to also require the Attorney General to initiate actions on behalf of the State to enforce or defend State laws. Also prohibits the Attorney General from advancing an argument in an action pending in any jurisdiction (was, state) that would invalidate a statute enacted by the NCGA.