Sec. 2.4. (a) Except as provided in subsection (b) or (c), the
attorney general may not agree to a
settlement agreement on behalf of the state of Indiana or a
state agency unless the settlement agreement includes language specifying that all settlement funds may be used for any purpose allowable under Indiana law.
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Terms Used In Indiana Code 4-6-3-2.4
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State agency: means an administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, officer, service, or other similar body of state government created or established pursuant to law. See Indiana Code 4-6-3-1
- Statute: A law passed by a legislature.
(1) a federal statute;
(2) a federal regulation; or
(3) a court having jurisdiction;
requires that settlement funds be used for the specific purpose set forth in the settlement agreement.
(c) The attorney general may agree to a settlement requiring settlement funds to be used for the specific purpose set forth in the settlement agreement if the governor, after consultation with the attorney general, has approved the proposed settlement in writing.
(d) If the specific purpose requirement described in subsection (b) only applies to a portion of the settlement funds, the attorney general may agree to the settlement only if the settlement agreement specifies that the remaining settlement funds may be used for any purpose allowable under Indiana law.
(e) Not later than thirty (30) days after the court approves a settlement requiring some or all settlement funds to be used for the specific purpose set forth in the settlement agreement, the attorney general shall provide the legislative council with a:
(1) copy of the settlement agreement; and
(2) concise outline of the settlement agreement.
The settlement agreement and outline must be provided in an electronic format under IC 5-14-6.
As added by P.L.108-2019, SEC.54.
