SB 503 — AN ACT REQUIRING APPROVAL OF STATE AGENCY SETTLEMENT AND NONDISCLOSURE PAYMENTS AND AGREEMENTS.

AN ACT REQUIRING APPROVAL OF STATE AGENCY SETTLEMENT AND NONDISCLOSURE PAYMENTS AND AGREEMENTS.

General Assembly   RaisedSubstitute Bill No.

503 February Session, 2018   LCO*_____SB00503GAE___032618____* No.AN ACT REQUIRING APPROVAL OF STATE AGENCY SETTLEMENT AND NONDISCLOSURE PAYMENTS AND AGREEMENTS.

2594   *02594_______GAE* Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS   Introduced by:

  (GAE)   AN ACT REQUIRING APPROVAL OF STATE AGENCY SETTLEMENT AND NONDISCLOSURE AGREEMENTS.

On and after October 1, 2018, no state agency shall make aany payment of more than one hundred thousand dollars or more to an employee resigning or retiring from employment with such state agency for the purposespurpose of avoiding costs associated with potential litigation or pursuant to a nondisclosure agreement unless such payment and agreement has been approved by the Attorney General Assembly in accordance with subsectionssubsection (b) and (c) of this section.

(b) AnyOn stateand agencyafter thatOctober is1, a2018, partyeach tostate aagency separationshall orsubmit nondisclosurenotice agreementof asall proposed payments and agreements described in subsection (a) of this section shallto preparethe aAttorney writtenGeneral summaryfor ofapproval suchat agreement,least withthirty nodays personalprior orto identifyingmaking informationany included in such summarypayment andor theentering nameinto ofany thesuch employeeagreement. redacted.

The summary,Attorney togetherGeneral withshall thedraft amounta summary of payment proposed to be made to the stateAttorney employeeGeneral's pursuantdecision toconcerning such agreement,payment shallor beagreement, filedexplaining by the employingbasis statefor agencyhis withor theher clerksapproval ofor thedisapproval House of Representatives and the Senate within ten days after the date on which such agreementpayment isand reached.agreement.

IfThe theAttorney General Assemblyshall isgive innotice session,electronically itto shallthe votestate agency of his or her decision to approve or rejectdisapprove suchthe proposed payment andor agreementagreement, withinin thirtywhole daysor afterin thepart, datenot oflater filing.than thirty calendar days after receipt.

If the Attorney General Assemblydisapproves issuch notpayment inor sessionagreement, whenthe suchagency requestshall forrenegotiate approvalsuch of the payment andor agreement isand filed,submit itthe shallrevised bepayment submittedor agreement to the Attorney General Assemblynot withinlater tenthan fifteen days ofafter thereceipt first day of the next regular session or special session called for such purpose.disapproval.

The(c) requestNot forlater approvalthan offifteen days after the paymentAttorney andGeneral agreementgives shallthe bestate deemedagency approvednotice ifof his or her decision, the Attorney General Assemblyshall failssubmit, toin voteaccordance towith approvethe orprovisions rejectof suchsection request11-4a withinof thirtythe daysgeneral afterstatutes, suchan filingelectronic orcopy submission,of providedthe summary of the thirty-daydecision periodprepared shallpursuant notto beginsubsection or(b) expireof unlessthis section, to the Generalspeaker Assemblyof isthe inHouse regularof session.Representatives;

For the purposepresident ofpro thistempore subsection, any request for approval of a payment and agreement filed with the clerksSenate; within thirty days before the commencement of a regular session of the General Assembly shall be deemed to be filed on the first day of such session.

(c)the The General Assembly may approve any such payment and agreement as a whole by a majority voteleader of eachthe houseHouse or may reject such payment and agreement as a whole by a two-thirds vote of eitherRepresentatives; house if it determines that there are insufficient funds for full payment.

If rejected, the mattermajority shallleader beof returned to the partiesSenate; for further negotiation.

the minority leader of the House of Representatives;

the minority leader of the Senate and the joint standing committees of the General Assembly having cognizance of matters relating to government administration and relating to the state agency that is the subject of such decision.

Section 1 October 1, 2018 New section Statement of Purpose:Legislative Commissioners:

ToIn requireSection legislative1(a), approvala ofreference certain payments made to stateSubsec. employees pursuant to a nondisclosure or separation agreement.

[Proposed(c) deletionswas aredeleted enclosedfor inaccuracy. brackets.

ProposedGAE additionsJoint areFavorable indicatedSubst. by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]