Delaware 149th General Assembly (2017-2018) Status: In Committee Bipartisan · 6 R · 3 D cosponsors

HB 323 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF FUNDS RECEIVED BY THE STATE OR A STATE AGENCY FROM SETTLEMENTS OR OTHER FINAL ORDERS OR JUDGMENTS OF A COURT.

Last action — Tabled in Committee

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

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act reaffirms the Constitutional requirement that the General Assembly appropriate money belonging to the General Fund by making clear that funds received by the State or a State agency from settlements or other final orders or judgments, other than those funds awarded specifically to a party or consumer or as attorneys' fees, or explicitly directed otherwise by law, are to be deposited to the General Fund and may not be transferred or expended until the funds are appropriated by the General Assembly.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This Act clarifies that funds received by the State or a State agency from certain court settlements must be deposited into the General Fund and cannot be spent until appropriated by the General Assembly.

  • Chapter 25, Title 29

    § 2512A. Disposition of funds received by the State or a State agency from a settlement or other final order or judgment of a court.

    Establishes a new section regarding the handling of funds from settlements.

  • § 2512A(b)(1)

    may not be transferred or expended, and must remain unexpended until the funds are appropriated by the General Assembly. → may not be transferred or expended until appropriated by the General Assembly.

    Clarifies that funds must be appropriated before they can be spent.

  • § 2512A(b)(2)

    may not include or agree to terms or conditions in any settlement that authorizes the expenditure, transfer, or award of funds to any person other than any of the following: → may not agree to terms in any settlement that authorizes the expenditure or transfer of funds to any person other than any of the following:

    Tightens restrictions on settlements regarding fund disbursement.

  • § 2512A(e)

    unless the settlement is sealed under a written order of a court, → unless sealed by a court order,

    Streamlines language regarding the submission of settlements to the Controller General.

  • § 2512A(f)

    Not less than 30 days before the disbursement of funds received by the State or a State agency under a settlement agreement or other final order or judgment of a court where the amount of funds received exceeds $75,000, → At least 30 days before disbursement of funds exceeding $75,000,

    Simplifies the timeline for reporting disbursements to the Joint Finance Committee.

Action History

  1. Tabled in Committee

  2. Amendment HA 1 to HB 323 - Introduced and Placed With Bill

  3. Introduced and Assigned to House Administration Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 9 co-sponsors · 50 not signed on

Sponsors (3)

Co-sponsors (9)

Not signed on (50)

50 members have not signed on to this bill.

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"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

Subjects

finance
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Frequently asked questions

What does HB 323 do?
This Act reaffirms the Constitutional requirement that the General Assembly appropriate money belonging to the General Fund by making clear that funds received by the State or a State agency from settlements or other final orders or judgments, other than those funds awarded specifically to a party or consumer or as attorneys' fees, or explicitly directed otherwise by law, are to be deposited to the General Fund and may not be transferred or expended until the funds are appropriated by the General Assembly.
Who sponsors HB 323?
HB 323 is sponsored by John "Jack" Walsh (Democratic), Dave G. Lawson (Republican), Brian Pettyjohn (Republican), Richard G. Collins (Republican), Edward S. Osienski (Democratic), Jeffrey N. Spiegelman (Republican), Kimberly Williams (Democratic), David L. Wilson (Republican), Lyndon D. Yearick (Republican), Gerald L. Brady, Gregory F. Lavelle, and John A. Kowalko.
What is the current status of HB 323?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 323?
Track HB 323 free on One Click Politics — get push/email alerts when it moves.

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