Alabama 2024 Regular Session

Alabama Senate Bill SB319

Introduced
4/11/24  
Introduced
4/11/24  
Report Pass
4/17/24  
Refer
4/11/24  
Refer
4/23/24  
Report Pass
4/17/24  
Report Pass
4/24/24  
Refer
4/23/24  

Caption

State agencies; settlement agreements for claims against the state restricted when funds not available

Impact

If implemented, SB319 will significantly alter the protocol for how state agencies handle settlement agreements. Agencies will be required to assess their financial capacity before entering a settlement, thus potentially reducing the number of settlements and impacting how claims against state agencies are resolved. This could lead to longer resolution times for claims and might discourage some claims from being pursued if agencies find themselves constrained by financial limitations.

Summary

SB319 is a legislative initiative designed to regulate the actions of state agencies concerning settlement agreements for claims made against them. The bill stipulates that no state agency can execute a settlement unless it has sufficient funds available to cover the total amount of the settlement. This measure is aimed at ensuring states do not enter into financial commitments that they cannot fulfill, thereby safeguarding taxpayer resources and enhancing fiscal responsibility within the state's budget management process.

Contention

While proponents of SB319 argue that it is a necessary step toward increasing transparency and accountability in state financial dealings, critics may view it as an impediment to quick resolutions of claims. There may be concerns that the requirement for sufficient funds could delay settlements significantly, potentially leaving claimants, often individuals or entities in need, without timely access to justice. Additionally, the bill mandates that if sufficient funds aren’t available, the agency must notify several public officials at least 90 days prior, which could add layers of bureaucracy to settlement procedures that might frustrate both agencies and claimants alike.

Companion Bills

No companion bills found.

Previously Filed As

AL HB2275

Settlement agreements; report; approval

AL SB0273

State Settlement Agreements Requirements

AL HB2222

Settlement agreements; report; approval

AL SB00508

An Act Restricting The Use Of Nondisparagement And Settlement Agreements By State Agencies And Quasi-public Agencies.

AL HF3288

Claims against the state; settlement of certain claims provided, and money appropriated.

AL S2111

Requires Legislature to approve concurrent resolution settlements of over $10 million or more of claims for damages against the State.

AL SB266

State government; providing for funds from certain settlements to be retained by the Oklahoma Municipal Power Authority. Effective date.

AL S1229

Bars nondisclosure agreements to settle sexual assault and harassment claims against certain State officers and employees and members of Legislature; bars use of campaign funds to settle claims.

AL HF5340

Settlement of certain claims against the state provided, and money appropriated.

AL SF2209

Provisions modification governing claims handling and settlement offers and agreements

Similar Bills

PA SB1051

In corporate net income tax, further providing for definitions; in procedure and administration, further providing for petition for reassessment and for review by board and providing for settlement conference process, for closing agreements and for report to General Assembly; and, in general provisions, further providing for timely filing.

PA HB1994

In corporate net income tax, further providing for definitions; in procedure and administration, further providing for petition for reassessment and for review by board and providing for settlement conference process, for closing agreements and for report to General Assembly; and, in general provisions, further providing for timely filing.

CA AB1405

Debt settlement practices.

CA AB2810

Opioid Settlements Fund.

CA SB1105

Civil actions: settlement.

MI SB0592

Civil procedure: civil actions; civil actions against certain opioid litigation settlement defendants; prohibit. Amends secs. 2 & 3 of 2022 PA 85 (MCL 691.1672 & 691.1673).

CA AB2366

Sales and use tax: administration: settlements.

CA AB1166

Fair Debt Settlement Practices Act.