CHAPTER 7

(SB 25)

Extraordinary litigation fund purposes revised.

         ENTITLED, An Act to  revise the purposes for which the extraordinary litigation fund may be used.

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 extraordinary 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 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.

     Signed March 2, 2005

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