consent decrees; legislative
approval
HB 2691 requires any settlement by way of a consent decree that requires an appropriation or a statutory change to be approved by a Legislative joint resolution signed by the Governor.
HB 2691 passed the Appropriations Committee unamended.
A consent decree is a judicial order based upon an agreement between parties to a lawsuit and in lieu of continuing the case through trial or hearing. The consent decree cannot be appealed unless it was based upon fraud by one of the parties or mutual mistake or if the court does not have jurisdiction over the case or the parties. A consent decree is common practice, for example, when the government has sued to require a person or corporation to comply with the law or when the defendant agrees to the consent decree in return for the government not pursuing criminal penalties.
· Requires the Legislature to approve by joint resolution, signed by the Governor, any settlement by way of a consent decree if the consent decree requires an appropriation or a statutory change.
· Stipulates a joint resolution is required for appropriations or the statutory changes occurring some time in the future as a result a consent decree, as well as for appropriations or statutory changes occurring at the time of the proposed consent decree.
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45th Legislature
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Second Regular Session 2 April
4, 2002
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