Delaware 150th General Assembly (2019-2020) Status: In Committee Bipartisan · 2 D · 1 R cosponsors

HB 13 — 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 — Introduced and Assigned to Administration Committee in House

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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 150th General Assembly (2019-2020). 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. Included in the exclusion, are all funds that exist in the Delaware Code where the law provides for the money that must go to the specific fund and how the money in that fund may be spent.

Bill Text

How this bill changes current law

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This Act clarifies that funds received by the State or a State agency from settlements must be deposited to the General Fund and cannot be spent until appropriated by the General Assembly, except for certain exclusions.

  • 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 disposition of settlement funds.

  • § 2512A

    Funds received by the State or a State agency from a settlement or other final order or judgment of a court must be deposited to the General Fund, may not be transferred or expended, and must remain unexpended until the funds are appropriated by the General Assembly. → Funds received by the State or a State agency from a settlement or other final order or judgment of a court must be deposited to the General Fund, may not be transferred or expended, and must remain unexpended until the funds are appropriated by the General Assembly. Nothing in this subsection may be construed to prohibit the expenditure of funds to any of the following: a. A party, other than the State or a State agency, to the dispute or lawsuit. b. A consumer entitled to a refund, the recovery of damages, or a monetary award. c. An attorney awarded attorneys' fees for representing a party or a consumer under this paragraph (b)(1) of this section.

    Clarifies the usage of funds and provides specific exclusions for expenditure.

  • § 2512A

    The Attorney General, any subordinate who has been delegated the authority to negotiate or approve a settlement, and any private counsel retained to represent a State agency 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: a. A party, other than the State or a State agency, to the dispute or lawsuit. b. A consumer entitled to a refund, the recovery of damages, or a monetary award. c. An attorney awarded attorneys' fees for representing a party or a consumer under this paragraph (b)(2) of this section. → The Attorney General, any subordinate who has been delegated the authority to negotiate or approve a settlement, and any private counsel retained to represent a State agency 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: a. A party, other than the State or a State agency, to the dispute or lawsuit. b. A consumer entitled to a refund, the recovery of damages, or a monetary award. c. An attorney awarded attorneys' fees for representing a party or a consumer under this paragraph (b)(2) of this section.

    Reiterates the restrictions on the expenditure of settlement funds.

  • § 2512A

    The Attorney General may provide a nonbinding written recommendation to the co-chairs of the Joint Finance Committee of the General Assembly for their consideration as to what purpose the funds subject to the prohibition in subsection (b) of this section should be appropriated.

    Allows the Attorney General to make recommendations regarding the appropriation of funds.

  • § 2512A

    In addition to any other report or filing that may be required by law, and unless the settlement is sealed under a written order of a court, the Attorney General shall submit to the Controller General a copy of any settlement or other final order or judgment of a court in which the State or a State agency receives funds in excess of $75,000. → In addition to any other report or filing that may be required by law, and unless the settlement is sealed under a written order of a court, the Attorney General shall submit to the Controller General a copy of any settlement or other final order or judgment of a court in which the State or a State agency receives funds in excess of $75,000. The Attorney General shall submit a copy of the settlement or other final order or judgment of a court within 60 days of the date the settlement or a final order or judgment of a court is entered. The Attorney General shall redact any information deemed confidential by State or federal law from the copy of the settlement or other final order or judgment of a court before submitting it to the Controller General.

    Mandates reporting requirements for settlements exceeding $75,000.

  • § 2512A

    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, the Attorney General shall file a written report with the Joint Finance Committee of the General Assembly on the payments received by the State or a State agency.

    Introduces a reporting requirement for disbursements of large settlement funds.

Action History

  1. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 55 not signed on

Sponsors (3)

Co-sponsors (4)

Not signed on (55)

55 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.

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Subjects

finance
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Frequently asked questions

What does HB 13 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. Included in the exclusion, are all funds that exist in the Delaware Code where the law provides for the money that must go to the specific fund and how the money in that fund may be spent.
Who sponsors HB 13?
HB 13 is sponsored by Edward S. Osienski (Democratic), David P. Sokola (Democratic), John "Jack" Walsh, Dave G. Lawson (Republican), John A. Kowalko, Gerald L. Brady, and Michael Ramone.
What is the current status of HB 13?
This bill died with 150th General Assembly (2019-2020). 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 13?
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