North Carolina 2019-2020 Session Status: Enacted Bipartisan · 3 D · 2 R · 1 I cosponsors

HB 871 — Fair Contracts.

Last action — Signed by Gov. 7/8/2019

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 16, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    3 primary, 7 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 3 parties (3 D · 2 R · 1 I) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

40 added · 41 removed

Plain-language change summary

In the latest version of House Bill 871, a specific reference to the contracts made by the Department of Transportation has been clarified and standardized. This change ensures consistency in how these contracts are referenced in the bill, which can help avoid potential confusion in legal or administrative processes. Overall, this amendment aims to improve the bill's clarity and effectiveness when it comes to the regulation of contracts involving the Department of Transportation.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 871 Committee Substitute Favorable 4/30/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 871 Short Title:
Fair Contracts.
Fair Contracting.
Representatives Arp, Stevens, Reives, and Floyd (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 22, 2019 A BILL TO BE ENTITLED AN ACT TO PROTECT THE INTERESTS OF DESIGNERS, PARTICULARLY SMALL AND WMBE ENTITIES, FROM UNFAIR CONTRACTING AND DUTY TO DEFEND REQUIREMENTS THAT VIOLATE THE EXISTING PUBLIC POLICY OF NORTH CAROLINA.
Commerce, if favorable, Rules, Calendar, and Operations of the House April 22, 2019 A BILL TO BE ENTITLED AN ACT TO PROTECT DESIGNERS, AND PARTICULARLY SMALL AND WMBE ENTITIES, FROM UNFAIR CONTRACTING AND DUTY TO DEFEND REQUIREMENTS.
Nothing contained in this section shall prevent or prohibit a contract, promise or agreement whereby a promisor shall indemnify or hold harmless any promisee or the promisee's independent contractors, agents, employees or indemnitees against liability for damages resulting from the sole negligence of the promisor, its agents or employees.
(b) Any promise or agreement in, in connection with, or collateral to a contract or agreement for engineering, architectural, landscape architectural, or surveying services purporting to require that one party to the agreement indemnify, hold harmless, or defend the other party, its independent contractors, agents, employees, or any other person or entity, against liability or claims for damages, losses, or expenses, including attorneys' fees, is against public policy and is void and unenforceable, except for a promise or agreement providing only for indemnification for damages or expenses to the extent resulting from the negligence, recklessness, or intentionally wrongful conduct of the promisor, its employees, agents, or other persons utilized by the promisor in the performance of the contract.
(b) Any promise or agreement in, in connection with, or collateral to a contract or agreement for engineering, architectural, landscape architectural, or surveying services purporting to require that one party to the agreement indemnify, hold harmless, or defend the other party, its independent contractors, agents, employees, or any other person or entity against liability or claims for damages, losses, or expenses, including attorneys' fees, is against public policy and is void and unenforceable, except for a promise or agreement providing only for indemnification for damages or expenses to the extent resulting from the negligence, recklessness, or intentionally wrongful conduct of the promisor, its employees, agents, or other persons utilized by the promisor in the performance of the contract.
(c) Nothing contained in this section shall prevent or prohibit a contract, promise or agreement whereby a promisor shall indemnify or hold harmless any promisee or the promisee's independent contractors, agents, employees orindemnitees against liabilityfordamages resulting from the sole negligence of the promisor, its agents or employees.
(c) This section shall not affect an insurance contract, workers' compensation, or any other agreement issued by an insurer, insurer.
(d) This section shall not affect an insurance contract, workers' compensation, or any other agreement issued by an insurer,insurer.
(d) Subsection (a) of this section shall not apply to any of the following:
(e) Subsection (a) of this section shall not apply to any of the following:
(1) nor shall this section apply to promises Promises or agreements under which apublicutilityasdefinedinG.S.
(1) nor shall this section apply to promises Promises or agreements under which a public utility as defined in G.S.
62-3(23)G.S.
62-3(23) including a railroad corporation as an indemnitee.
62-3(23)a.includingarailroad corporation as is an indemnitee.
*H871-v-1* General Assembly Of North Carolina Session 2019 (2) This section shall not apply to contracts Contracts entered into by the Department of Transportation pursuant to G.S.
*H871-v-2* General Assembly Of North Carolina Session 2019 (2) This section shall not apply to contracts Contracts entered into by the Department of Transportation pursuant to G.S.
Page 2 House Bill 871-Second Edition
Page 2 House Bill 871-First Edition
⬇ Download PDF
View plain text versions (6)

Action History

  1. Signed by Gov. 7/8/2019

  2. Ch. SL 2019-92

  3. Pres. To Gov. 6/28/2019

  4. Concurred In S Amend SA1

  5. Ordered Enrolled

  6. Ratified

  7. Amend Adopted A1

  8. Passed 2nd Reading

  9. Passed 3rd Reading

  10. Special Message Sent To House

  11. Special Message Received For Concurrence in S Amend

  12. Cal Pursuant 36(b)

  13. Placed On Cal For 06/27/2019

  14. Reptd Fav

  15. Reptd Fav

  16. Re-ref Com On Rules and Operations of the Senate

  17. Withdrawn From Com

  18. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  19. Regular Message Received From House

  20. Passed 1st Reading

  21. Ref To Com On Rules and Operations of the Senate

  22. Regular Message Sent To Senate

  23. Reptd Fav

  24. Cal Pursuant Rule 36(b)

  25. Placed On Cal For 05/03/2019

  26. Withdrawn From Cal

  27. Added to Calendar

  28. Passed 2nd Reading

  29. Passed 3rd Reading

  30. Reptd Fav Com Substitute

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

  32. Passed 1st Reading

  33. Ref to the Com on Commerce, if favorable, Rules, Calendar, and Operations of the House

  34. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 7 co-sponsors · 169 not signed on

Sponsors (3)

Co-sponsors (7)

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur Sen. Amd. 1

Passed 111 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 24001
Unaffiliated 54006
U 2000
Republican 31002
Total 111009
% of votes cast 93%0%0%8%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Garrison — Yea
Gill — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Davis — Not Voting
L. Johnson — Not Voting
Floyd — Not Voting
Gailliard — Not Voting
Graham — Not Voting
Henson — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Not Voting
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Second Reading

Passed 45 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 24005
Republican 13000
Total 45005
% of votes cast 90%0%0%10%
How each member voted (50)
Member Party Vote
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
Ballard — Yea
Bishop — Yea
Brown — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
deViere — Not Voting
Smith — Not Voting
VanDuyn — Not Voting
Woodard — Not Voting
D. Davis — Yea
J. Jackson — Not Voting
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 871?
HB 871 is sponsored by Dean Arp (Republican), Robert T. Reives, II (Democratic), Floyd, Carla D. Cunningham (U), Garrison, Lucas, Garland E. Pierce (Democratic), Zack Hawkins (Democratic), Sarah Stevens (Republican), and R. Smith.
What is the current status of HB 871?
This bill has been enacted into law. Introduced April 16, 2019. Enacted.
Where can I track HB 871?
Track HB 871 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 871

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 871

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →