Attorney General settlements and fund

The Senate Judiciary Committee heard, for amend and vote only, Sen. Kenley’s SB 544 on Attorney General settlements and fund. The bill requires the Attorney General to include certain language concerning settlement funds in proposed court order; establishes the consumer protection fee, and settlement fund (fund) for purposes of carrying out the duties and operations of the office of the attorney general. The bill also provides for use of the money in the fund as approved and appropriated by the General Assembly and according to any court order that applies to a particular consumer settlement, assurance of voluntary compliance, or other form of agreement, and specifies that unclaimed restitution funds awarded to an individual or institution under a consumer settlement or assurance of voluntary compliance executed by the attorney general that are determined to be abandoned property must be deposited in the abandoned property fund.

Attorney General Curtis Hill testified that his office does need a process in place, but does not support the process in the bill. The bill was amended to exclude funds received by the State Department of Revenue, funds received as the result of a civil forfeiture, funds received as a civil penalty or as part of an enforcement or collection action by an agency authorized to impose a civil penalty. The bill passed 8-1.

Read the bill at: https://iga.in.gov/legislative/2017/bills/senate/544