PROHIBIT COLLUSIVE SETTLEMENTS BY THE AG.

View NCGA Bill Details2021
House Bill 606 (Public) Filed Tuesday, April 20, 2021
AN ACT TO REQUIRE JOINT APPROVAL FROM THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE BEFORE THE ATTORNEY GENERAL MAY ENTER INTO A CONSENT JUDGMENT OR SETTLEMENT AGREEMENT IN A DISPUTE, CLAIM, OR CONTROVERSY IN WHICH THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE HAVE INTERVENED OR ARE OTHERWISE NAMED PARTIES AND TO REQUIRE THAT SETTLEMENT AGREEMENTS BE SATISFIED WITH FUNDS THAT ARE AVAILABLE FOR THAT PURPOSE FOR THE CURRENT FISCAL YEAR.
Intro. by McNeill, Torbett, Sauls, Warren.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 10 2021)
H 606

Bill Summaries:

  • Summary date: May 5 2021 - More information

    House committee substitute to the 1st edition makes the following changes. Amends proposed GS 114-2.2(a2) and GS 114-2.4(a2) to to also include instances where the Speaker of the House and the President Pro Tempore of the Senate are joined as defendants in accordance with GS 120-32.6.


  • Summary date: Apr 20 2021 - More information

    Amends GS 114-2.2 (duties of Attorney General - consent judgements) to require approval by the Speaker of the House and President Pro Tempore of the Senate of consent judgements where they are jointly, in their official capacity, parties to a dispute challenging a North Carolina statute or provision of the North Carolina Constitution.
    Amends GS 114-2.4 (duties of Attorney General - settlement agreements) to require approval by the Speaker of the House and President Pro Tempore of the Senate of settlement agreements where they are jointly, in their official capacity, parties to a dispute challenging a North Carolina statute or provision of the North Carolina Constitution.
    Also amends GS 114-2.4 to require that the State’s entire obligation for the current and future fiscal years under a settlement agreement be satisfied by funds available in the current fiscal year, including funds the Council of State allots from the contingency and emergency fund, and to require the Director of the Budget to report to the General Assembly’s appropriation committees on funds made available from the contingency and emergency fund for settlement agreements in the previous fiscal year.
    Effective October 1, 2021, and applies to disputes, claims, and controversies arising on or after that date.


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