HB 891 North Carolina House · 2025-2026 Session

Civil Actions/State Agency and Attorney General Litigation.

HB 891, the "Government Agency Forum Selection Act," requires the State of North Carolina and its local political subdivisions to primarily file civil actions in state courts when concurrent jurisdiction exists with federal courts. It prohibits these entities from seeking to move lawsuits from state to federal court if they are defendants. The bill also amends the law concerning the Attorney General, stating they shall not advance arguments in any litigation that would invalidate a statute enacted by the North Carolina General Assembly. This legislation aims to define the appropriate court forums for state and local government civil actions and limit the scope of the Attorney General's participation in certain out-of-state litigation.

Bill status in committee 1 of 4 stages cleared

Introduction

Apr 2025

Committee Review

Floor Vote

Governor

Introduced Apr 9, 2025 Last action May 6, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Edition 1 → Edition 2 · 5 edits

MODERATE

This bill version was updated from the first edition to the second edition with significant changes to its scope and applicability. The most notable change is the removal of sponsor information and referral details from the header, along with major modifications to the substantive provisions regarding when the Attorney General can participate in litigation. These changes expand the bill's exemptions to include additional types of lawsuits and clarify the Attorney General's authority in foreign litigation cases.

Scope change

The bill's scope was significantly expanded by adding multiple new categories of lawsuits where the Attorney General cannot be required to participate, including lawsuits against judges, district attorneys, law enforcement officers, local governments, incarcerated people, Medicaid cases, and employment discrimination claims.

TECHNICAL

Removed sponsor names and committee referral information from the bill header, likely to streamline the document format.

SCOPE

Added new exemptions for lawsuits against judges, district attorneys, law enforcement officers, local governments, incarcerated people, Medicaid cases, and employment discrimination claims.

REQUIREMENT

Added new requirements for Attorney General approval for class action lawsuits, specifying when approval is needed and how it can be obtained during different legislative sessions.

Modified the Attorney General's authority in foreign litigation by adding specific language about not advancing arguments that would invalidate state statutes.

ELIGIBILITY

Removed the specific reference to G.S. 1-72.2 and G.S. 120-32.6 exemptions, replacing them with a broader list of exemptions.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 6, 2025

Committee

Re-ref Com On Rules, Calendar, and Operations of the House

lower

May 6, 2025

Lower · Passed

Reptd Fav Com Substitute

lower

Apr 14, 2025

Committee

Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

lower

Apr 9, 2025

Introduced

Filed

lower

3 primary · 3 co-sponsors