ENTITLED, An Act to
create a life protection litigation subfund within the extraordinary litigation
fund and provide for its use and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
1-14-3.1
be amended to read as follows:
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, 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 and 4-5-30.1.
Section
2.
Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
An Act to create a life protection litigation subfund within the extraordinary litigation fund and
provide for its use and to declare an emergency.
=========================
I certify that the attached
Act
originated in the
SENATE as
Bill
No.
154
____________________________
Secretary of the Senate
=========================
____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate
Bill
No.
154
File No. ____
Chapter No. ______
|
|
=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
|