Bill Text: NJ S1273 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires Legislature to approve concurrent resolution settlements of over $10 million or more of claims for damages against the State.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-03 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1273 Detail]
Download: New_Jersey-2022-S1273-Introduced.html
Sponsored by:
Senator HOLLY T. SCHEPISI
District 39 (Bergen and Passaic)
SYNOPSIS
Requires Legislature to approve by concurrent resolution settlements of over $10 million or more of claims for damages against the State.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring approval by the Legislature of settlements of claims for damages against the State and supplementing P.L.1972, c.45 (C.59:1-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any other provision of law to the contrary, the State shall not execute a final monetary settlement agreement of $10 million or more with a claimant or group of claimants at any time after the claimant or claimants have filed with the Attorney General or the department or agency in the alleged wrongful act or omission an initial notice of a claim for damages against the State in accordance with chapter 8 of the "New Jersey Tort Claims Act," P.L.1972, c.45 (C.59:1-1 et seq.), unless the amount of the settlement is approved by the adoption of a concurrent resolution by a majority vote of both Houses of the Legislature.
This section shall apply when the monetary settlement is $10 million or more with one claimant or when the monetary settlement is $10 million or more in the aggregate with more than one claimant if all the claims are based on damages arising from the same event or occurrence or substantially the same event or occurrence.
The proposed amount of the monetary settlement shall be submitted in writing to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) at least 30 days before the proposed date of execution of the final monetary settlement agreement by the State and the claimant or claimants or at least 30 days before the proposed date of approval of the final monetary settlement agreement by the judge of the appropriate court of law who is presiding over the suit for damages filed in that court by the claimant or claimants, whichever proposed date is to occur first.
2. This act shall take effect on the first day of the third month following enactment and shall apply to settlements not yet executed or approved by the judge of the appropriate court of law as of the effective date of this act.
STATEMENT
This bill requires the Legislature approve settlements of claims for damages against the State of $10 million or more through the adoption of a concurrent resolution by majority vote of both Houses of the Legislature.
The bill applies to settlement agreements between the State and a claimant or claimants at any time after the claimant or claimants have filed a notice of a claim for damages with the appropriate entity pursuant to the New Jersey Tort Claims Act. The amount of $10 million applies in both individual and aggregate situations when the claims are based on damages arising from the same event or occurrence or substantially the same event or occurrence.
The proposed settlement must be submitted to the Legislature in writing at least 30 days before the proposed date of execution of the final monetary settlement agreement by the State and claimant or claimants or at least 30 days before the proposed date of approval of the final monetary settlement agreement by the judge presiding over the suit, whichever date is sooner.
The bill will take effect on the first day of the third month following enactment and applies to settlements not yet executed or approved by a judge.
