North Carolina § 114-2 - 4. Settlement agreements.

§ 114-2. 4. Settlement agreements.

The Attorney General shall review the terms of all proposed agreements entered into by the State or a State department, agency, institution, or officer to settle or resolve litigation or potential litigation, that involves the payment of public monies in the sum of seventy-five thousand dollars ($75,000) or more. In order for such an agreement or contract to be effective against the State, the Attorney General shall submit to the State or the State department, agency, institution, or officer a written opinion regarding the terms of the proposed agreement and the advisability of entering into the agreement, prior to entering into the agreement. The written opinion required by this section shall be maintained in the official file of the final settlement agreement. The Attorney General by rule may delegate to a deputy or assistant Attorney General or to another subordinate the authority to review settlement agreements. Where a dispute, claim, or controversy names as a party a State department, agency, or institution, or officer, a proposed settlement agreement or other agreement that would dispose of the dispute, claim, or controversy shall be approved by the head of the department, agency, or institution, or by the State officer, before the agreement may be entered. The Attorney General shall report to the Joint Legislative Commission on Governmental Operations on all agreements entered into by the State or a State department, agency, institution, or officer to settle or resolve litigation or potential litigation, that involves the payment of public monies in the sum of seventy-five thousand dollars ($75,000) or more. History (1997-443, s. 20.14(a); 2014-100, s. 17.3A(d).) Editor's Note. - At the direction of the Revisor of Statutes, subsection (b), as added by Session Laws 2014-100, s. 17.3A(d), has been redesignated as subsection (a1), and existing subsection (b), which was redesignated as subsection (c) by Session Laws 2014-100, s. 17.3A(d), remains subsection (b). Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2014-100, s. 17.3A(d), effective August 7, 2014, substituted "Settlement agreements" for "Attorney General to render opinion on settlement" in the section heading; substituted "review settlement agreements" for "approve settlement agreements"; added present subsection (b); and redesignated former subsection (b) as present subsection (c). See Editor's note for redesignation of subsections by the Revisor of Statutes.