Delaware 151st General Assembly (2021-2022) Status: In Committee Bipartisan · 4 D · 1 R cosponsors

HB 74 — 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

  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 151st General Assembly (2021-2022). 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

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

  • § 2512A

    Nothing in this subsection may be construed to prohibit the expenditure of funds to any of the following:

    The provision clarifying restrictions on expenditure of funds received from settlements was streamlined.

  • § 2512A(b)(1)

    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.

    Reiterates that such funds must be allocated by the General Assembly before any use.

  • § 2512A(b)(2)

    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:

    Defines the limits on authorized expenditure of settlement funds.

Action History

  1. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 56 not signed on

Sponsors (2)

Co-sponsors (4)

Not signed on (56)

56 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 74 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 74?
HB 74 is sponsored by John "Jack" Walsh (Democratic), Richard G. Collins (Republican), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Madinah Wilson-Anton (Democratic), and John A. Kowalko.
What is the current status of HB 74?
This bill died with 151st General Assembly (2021-2022). 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 74?
Track HB 74 free on One Click Politics — get push/email alerts when it moves.

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