SB1001 - 452R - House Bill Summary

House of Representatives

SB 1001

consent decrees; JLBC approval

Sponsors: Senators Gnant, Cirillo, Soloman, Bee et al

X	Committee on Appropriations
	Caucus and COW
	Third Read
	As Passed the House

SB 1001 requires the Joint Legislative Budget Committee (JLBC) and the Attorney General (AG) to approve settlements of claims for which a monetary amount is not prescribed, claims settled by way of consent decree, and any change in legislative funding formula that already exists in statute.

History

Statute requires the Director of the Department of Administration, the Attorney General and JLBC to approve any claim against the State over $50,000 prior to settlement and payment. However, JLBC has the statutory authority to establish a higher settlement limit and has set the limit at $250,000.

Currently, directors of executive agencies and the Attorney General, without legislative approval, may enter into a consent decree to end a lawsuit against the state if procedural changes are agreed upon. While most consent decrees do not include specific fiscal relief, the consent order may contain provisions that have a fiscal impact to the state general fund. This legislation requires JLBC approval for any settlement without a prescribed monetary amount or any settlement by way of consent decree.

Provisions

· Requires the Attorney General and JLBC to approve any settlement, including a settlement by way of consent decree, which involves state liability for a claim without a prescribed monetary amount. Approval is also required for the state to accept a change in any Legislative funding formula that already exists in law. JLBC and the Attorney General have the sole authority to settle these claims.

· Makes technical and conforming changes.

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· 45th Legislature