(a) There is established as a special fund the Litigation Support Fund (“Fund”), which shall be administered by the Office of the Attorney General in accordance with this section.
(b) Subject to the limitations of subsection (d)(3) of this section, any recoveries from claims or litigation brought by the Office of the Attorney General on behalf of the District shall be deposited into the Fund.
(c) The Fund shall be used for the purpose of supporting general litigation expenses associated with prosecuting or defending litigation cases on behalf of the District of Columbia.
(d)(1) Except as provided in paragraph (3) of this subsection, the money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(3) At no time shall the balance in the Fund, including interest earned, exceed $5 million. Any funds in excess of $5 million shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
(e) For the purposes of this section, the term “recovery” shall include funds obtained through court determinations or through the settlement of claims in which the Office of the Attorney General represents the District, but shall not include funds obtained through an administrative proceeding or funds obligated to another source by District or federal law.
(May 27, 2010, D.C. Law 18-160, § 106b; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 3092(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 3072(a), 64 DCR 7652.)
For temporary (90 days) addition of this section, see § 1032(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).