§ 1–301.86b. Litigation Support Fund.

*NOTE: This section includes amendments by emergency legislation that will expire on June 27, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(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) Revenue from the following sources shall be deposited into the Fund:

(1) Subject to the limitations of subsection (d)(3) of this section and notwithstanding any other provision of District law, 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;

(2) Funds collected pursuant to § 1-350.02(a-4)(1);

(3) Funds recovered from owners under § 42-3651.06(j)(2), and not deposited into the Tenant Receivership Abatement Fund, in accordance with § 1-301.86e(b)(1)(B);

(4) Subject to the limitations of subsection (d)(3)(D) of this section, funds received pursuant to § 7-3221(b)(1) and (1A); and

[(5)] The first $100,000 in fines imposed and collected pursuant to § 7-1675.01; and

[(6)] The first $100,000 in fines imposed and collected pursuant to § 47-2844(a-2)(1B).

(c)(1) Money in the Fund shall be used for the following purposes:

(A) Supporting general litigation expenses associated with prosecuting or defending litigation matters on behalf of the District of Columbia;

(B) Funding staff positions, personnel costs, and employee retirement and separation incentives, up to a maximum amount of $7 million per year, and non-personnel costs related to administering any grant issued pursuant to the authority provided in §§ 1-301.88f(a) and § 1-301.88g(a); and

(2) Beginning in Fiscal Year 2024, up to $9.7 million deposited into the Fund each fiscal year may be used for the purposes of crime reduction, violence interruption, and other public safety initiatives.

(3) In Fiscal Year 2021, the first $500,000 deposited into the Fund shall be transferred to the Office of Victim Services and Justice Grants for victim services grants.

(c-1) Repealed.

(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)(A) The balance in the Fund, including interest earned, shall not exceed $27 million. Any funds in excess of $27 million shall revert at the end of a fiscal year to the unrestricted fund balance of the General Fund of the District of Columbia.

(B) Repealed.

(C) Notwithstanding subparagraph (A) of this subsection, recoveries obtained on behalf of the District pursuant to contingency fee contracts shall be deposited into the Fund and may remain in the Fund until paid to the contractor to satisfy costs and fees or transferred to another fund by the Office of the Attorney General to pay contingency fee contracts.

(D) The Attorney General shall transfer to the Opioid Abatement Fund, established by § 7-3221, at least 85% of any payment received prior to October 1, 2022, in settlement of the cases and settlements, judgments, and consent decrees specified in § 7-3221(b)(1) and (1A), that was deposited into the Fund, and at least 90% of any payment received thereafter. The Attorney General may elect to retain the remainder of each such payment in the Fund by providing the Mayor, Chief Financial Officer, and Council with written notice of the amount of the election and the relevant payment. In making this election, the Attorney General shall ensure compliance with all applicable settlement terms.

(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 federal law or pursuant to § 1-325.391(b)(2) or § 1-623.32. Recoveries shall be deposited into the Fund regardless of whether the amounts payable to satisfy the underlying obligations otherwise would have been required to be deposited into a different District special fund.

(f) Notwithstanding any other provision of this section, $12,039,659.91 of the amount to be received by the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto Co., Superior Court of the District of Columbia Case No. 2020 CA 002445 B, shall be deposited in the Fund and allocated as follows:

(1) $7,339,659.91 shall be paid in attorney's fees and costs to May Firm/EKM Association on PCBs for legal services received pursuant to Contract No. DCCB-2019-C-0008; and

(2) $4,700,000 shall be used for the authorized purposes of the Fund pursuant to subsection (c) of this section.