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2001 SESSION

015517684
HOUSE BILL NO. 2711
Offered January 17, 2001
A BILL to amend and reenact § 2.1-127 of the Code of Virginia, relating to the settlement authority of the Attorney General; deposit of settlement money.
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Patrons-- Amundson, Almand, Baskerville, Brink, Cranwell, Darner, Deeds, Jones, D.C., McEachin, Moran, Scott, Van Landingham and Watts
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That § 2.1-127 of the Code of Virginia is amended and reenacted as follows:

§ 2.1-127. Compromise and settlement of disputes.

Except as provided in subsection B of § 23-38.33:1, the Attorney General shall have the authority to compromise and settle disputes, claims and controversies involving the interests of the Commonwealth, and to discharge any such claims, but only after the proposed compromise, settlement or discharge, together with the reasons therefor, have been submitted in writing to the Governor and approved by him. Where any dispute, claim or controversy involves the interests of any department, institution, division, commission, board or bureau of the Commonwealth, the Attorney General shall have authority to compromise and settle or discharge the same provided such action is approved both by the Governor, in the manner above provided, and by the head of the department, institution, division, board or bureau which is interested. However, when any dispute, claim or controversy involves the interests of any department, institution, division, commission, board or bureau of the Commonwealth, and the amount in dispute does not exceed $50,000, the Attorney General or an assistant Attorney General assigned to such department, institution, division, commission, board or bureau shall have the authority to compromise and settle or discharge the same provided such action is approved by the head of the department, institution, division, board or bureau whose interests are in issue. When the dispute, claim or controversy involves a case in which the Commonwealth has a claim for sums due it as the result of hospital, medical or dental care furnished by or on behalf of the Commonwealth, the Attorney General or such assistant Attorney General shall have the authority to compromise and settle and discharge the same when the amount in dispute does not exceed $50,000.

All moneys collected pursuant to this section that involve consumer or antitrust suits shall be transferred to the general fund to be appropriated by the General Assembly in a manner consistent with the requirements of the settlement agreement or decree.