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2014 Session

Budget Amendments - HB30 (Committee Approved)

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Specifications Related to OAG Negotiated Settlements (language only)

Item 4-2.02 #1h

Item 4-2.02 #1h

Revenues
General Fund Revenue

Language
Page 465, after line 13, insert:
"d. Settlements Negotiated by the Office of the Attorney General
1.  The Attorney General, or his representative, shall not negotiate, compromise, or settle any dispute, claim, or controversy that provides for the payment, conveyance, grant, forfeiture, assignment, or other distribution of moneys or of any real, tangible, or intangible property to the Commonwealth, or on behalf of the Commonwealth, to settle the Commonwealth's interests, unless such settlement or agreement provides that such moneys or property be deposited into the state treasury and (i) first be appropriated by the General Assembly to meet or satisfy any particular purpose for the use of such moneys or property to the extent required by federal or state law and (ii) that any remainder of the moneys or property be appropriated by the General Assembly as it deems appropriate.  If a particular purpose is required as is contemplated under clause (i) and can be satisfied through various means, then the Attorney General, or his representative, shall not negotiate, compromise, or settle which of the means is to be used.
2.  The provisions of this paragraph shall not apply to any settlement or agreement (a) in which the total value of such moneys or property does not exceed $250,000, (b) in which the entire amount of the settlement is for services provided or for property sold or provided under a contract, (c) involving the interest of the Virginia Retirement System, or (d) for an act or practice covered by the Virginia Consumer Protection Act (§ 59.1-196 et. seq., Code of Virginia) or the Virginia Antitrust Act (§ 59.1-9.1 et. seq., Code of Virginia)."


Explanation
(This amendment clarifies the role of the General Assembly and the office of the Attorney General in future cases involving the OAG in cases which result in funds being returned to the Commonwealth.)