Bill Summary for H 891 (2025-2026)

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Summary date: 

Apr 9 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 891 (Public) Filed Wednesday, April 9, 2025
AN ACT ENACTING THE GOVERNMENT AGENCY FORUM SELECTION ACT AND RELATING TO LITIGATION BY THE ATTORNEY GENERAL.
Intro. by Blackwell, Schietzelt, Blust, Howard.

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Bill 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.