Bill Summary for H 547 (2025-2026)

Printer-friendly: Click to view

Summary date: 

Apr 30 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 547 (Public) Filed Wednesday, March 26, 2025
AN ACT TO LIMIT LIABILITY FOR NONGOVERNMENTAL CONTRACTORS WORKING WITH AND FOR CERTAIN PUBLIC AGENCIES.
Intro. by Chesser, Balkcom, N. Jackson, Schietzelt.

View: All Summaries for BillTracking:

Bill summary

House committee substitute to the 1st edition removes the content of the 1st edition and replaces it with the following. Makes conforming changes to the act’s long title.

Enacts GS 143-300.1, which now addresses limited liability for certain licensed contractors with agencies. Defines nongovernmental contractor (a corporation, organization, or association, incorporated or otherwise, that is organized or operating in the State, or an individual operating a facility licensed under Article 2 of GS Chapter 122C-licensure of facilities for individuals with mental health disorders, developmental disabilities, and substance abuse disorders or Article 1A of GS Chapter 131D-concerning child placing and child care) and public agency (the Department of Health and Human Services [DHHS] and any county or local agency administering programs of public assistance). Authorizes claims for negligence to be brought against any nongovernmental contractor (NC) that contracts with the public agency for the provision of services to minors for injury or damage caused by the negligence of the nongovernmental contractor. Specifies that the government contractor cannot be held liable for injury or damage caused by the negligence of the public agency, including any officer, employee, volunteer, or agent of the public agency acting within the scope of their employment. Directs the NC and the public agency to each bear their own costs of defense. Instructs, that except as provided above, if a tort claim against the NC arises from or related to the performance of the contracted services to minors, the statutory damage caps that apply to public service agencies apply to those claims. Requires any claim against the NC arising from its provision of contracted services to minors to be filed in a court of competent jurisdiction, not the Industrial Commission.

Effective October 1, 2025, and applies to claims arising from acts or omissions occurring on or after that date and contracts entered into or renewed on or after that date.