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2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-514 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-514. Compromise and settlement of disputes.
A. Except as provided in this section or subsection B of §
23-38.33:1, the Attorney General may compromise and settle disputes, claims and
controversies involving all interests of the Commonwealth including, but not
limited to the Virginia Tort Claims Act (§ 8.01-195.1 et seq.), and may
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, authority or bureau of the Commonwealth, the Attorney
General may compromise and settle or discharge the same provided the action is
approved both by the Governor, as provided in this section, and by the head, or
his designee, of the department, institution, division, board, authority or
bureau that is interested. However, when any dispute, claim or controversy
arises under the Virginia Tort Claims Act (§ 8.01-195.1 et seq.) or otherwise
involves the interests of any department, institution, division, commission,
board, authority or bureau of the Commonwealth, and the settlement amount
in dispute does not exceed $50,000 $250,000, the Attorney
General or an assistant Attorney General assigned to such department,
institution, division, commission, board, authority or bureau, or such other
designee of the Attorney General, may compromise and settle or discharge the
same provided the action is approved by the head, or his designee, 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 may compromise and settle and discharge the
same when the settlement amount in dispute does not exceed
$50,000 $250,000.
B. No settlement under subsection A shall be made subject to a confidentiality agreement that prohibits the Commonwealth, a state agency, officer or employee from disclosing the amount of such settlement except where such confidentiality agreement is imposed by a court of competent jurisdiction or otherwise is required by law.
C. No settlement under subsection A shall be made subject to a confidentiality agreement if such settlement requires that a matter or issue shall be the subject of (i) regulatory action pursuant to Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of this title, or (ii) legislation proposed to be introduced in the General Assembly.