2019 House Bill 1186 - House State Affairs

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

652B0703   HOUSE STATE AFFAIRS ENGROSSED    NO.  HB 1186 -  2/14/2019  

Introduced by:    Representatives Finck, Johns, Peterson (Kent), Qualm, and Schoenfish and Senators Blare and Nelson
 

        FOR AN ACT ENTITLED, An Act to provide for repayment of costs incurred by a county related to crimes involving certain persons in state facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 1-14-3.1 be amended to read:
    1-14-3.1. There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, the costs incurred on or after July 1, 2018, by a county for the prosecution of any person who is an inmate of a state prison or a ward of a state facility charged with a criminal violation, the costs incurred on or after July 1, 2018, by a county for the defense of a person who is a qualifying indigent and is an inmate of a state prison or ward of a state facility charged with a criminal violation, or other litigation expenses not otherwise eligible to be paid under § 3-22-1. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund, including any subfunds created within it, is hereby continuously appropriated

and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.

    The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of the Bureau of Administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with § 4-5-30.

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