Changes to Existing Law

There is established in the state treasury the extraordinary litigation fund. The fund5 shall be maintained separately and administered by the Bureau of Administration. The fund may6 be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, any costs incurred on or after July 1, 2018, by a county for the prosecution or defense of any inmate of a state prison charged with a criminal violation, or other litigation expenses not otherwise eligible9 to be paid under § 3-22-1. Unexpended money and any interest that may be credited to the fund10 shall remain in the fund. The extraordinary litigation fund, including any subfunds created11 within it, is hereby continuously appropriated and shall be budgeted through the informational12 budget process. The creation and funding of this fund does not constitute a waiver of the state's13 sovereign immunity. The life protection subfund is established within the extraordinary litigation fund. The15 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1186 subfund shall be used to cover the litigation costs, including expert witness fees and attorney1 fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending2 South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys3 that the Legislature may appropriate to the subfund, the commissioner of the Bureau of4 Administration may accept private contributions for the subfund's purposes and deposit those5 moneys in the subfund. The life protection litigation subfund shall retain the interest income6 derived from the moneys credited to the subfund in accordance with § 4-5-30.7