D.C. Code § 1-301.86b – Litigation Support Fund.

(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. (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. (2) Funds collected pursuant to § 1-350.02(a-4)(1);
3. (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. (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. [(5)] The first $100,000 in fines imposed and collected pursuant to § 7-1675.01; and
6. [(6)] The first $100,000 in fines imposed and collected pursuant to § 7-1671.08.
(c)
1. (1) Money in the Fund shall be used for the following purposes:
  1. (A) Supporting general litigation expenses associated with prosecuting or defending litigation matters on behalf of the District of Columbia;
  2. (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
  3. (C) Crime reduction and violence interruption programming.
2. (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. (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(c-1) Repealed.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. (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. (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. (3)
  1. (A) At the end of each fiscal year, any funds in excess of $23.5 million shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
  2. (B) Repealed.
  3. (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.
  4. (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. (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. (2) $4,700,000 shall be used for the authorized purposes of the Fund pursuant to subsection (c) of this section.
(g) Notwithstanding any other provision of law, $25,000,000 of the amount received by the District in Fiscal Year 2024 in settlement of District of Columbia et al. v. Michael J Saylor et al., Superior Court of the District of Columbia Case No. 2021 CA 001319 B, and deposited into the Fund pursuant to subsection (b)(1) of this section shall be recorded as local fund revenue and shall be made available as set forth in the Fiscal Year 2025 Budget and Financial Plan.
(h) Notwithstanding any other provision of law, beginning in Fiscal Year 2025, the amounts received, less attorneys' fees, by the District in settlement of District of Columbia v. JUUL Labs, Inc. et al., Superior Court of the District of Columbia Case No. 2019 CA 007795 B, and deposited into the Fund pursuant to subsection (b)(1) of this section shall be allocated as follows:
1. (1) 50% shall be used for the authorized purposes of the Fund, pursuant to subsection (c) of this section; and
2. (2) 50% shall be transferred to the Tobacco Use Cessation Fund, established by § 7-736.05, to be used for the authorized purposes of that fund.

History

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)

Dec. 13, 2017, D.C. Law 22-33, § 3072(a)

May 10, 2019, D.C. Law 22-313, § 2(a)

Sept. 11, 2019, D.C. Law 23-16, § 3072(a)(1)

Sept. 11, 2019, D.C. Law 23-16, § 3072(a), (c), 66 DCR 8621

Sept. 11, 2019, D.C. Law 23-16, § 3072

Dec. 3, 2020, D.C. Law 23-149, § 3062(a)

Nov. 13, 2021, D.C. Law 24-45

Sept. 21, 2022, D.C. Law 24-167, § 5013

Mar. 10, 2023, D.C. Law 24-315, § 201

Mar. 22, 2023, D.C. Law 24-332, § 2

Sept. 6, 2023, D.C. Law 25-50, § 1002(a)

Sept. 18, 2024, D.C. Law 25-217, § 1082

Dec. 17, 2024, D.C. Law 25-255, § 2

Emergency Legislation

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).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 2(a) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2018 (D.C. Act 22-391, June 27, 2018, 65 DCR 7144).

For temporary (90 days) amendment of this section, see § 2(a) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2019 (D.C. Act 23-42, Apr. 15, 2019, 66 DCR 5271).

For temporary (90 days) creation of § 1-301.86c, see § 2(b) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2019 (D.C. Act 23-42, Apr. 15, 2019, 66 DCR 5271).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 3072(c) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 3072(c) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1032(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 4153(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 5013 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 2 of Litigation Support Fund Emergency Amendment Act of 2024 (D.C. Act 25-436, Mar. 29, 2024, 71 DCR 4116).

For temporary (90 days) amendment of this section, see § 19(a) of Fiscal Year 2024 Revised Local Budget Adjustment Emergency Act of 2024 (D.C. Act 25-499, July 8, 2024, 71 DCR 7957).

For temporary (90 days) amendment of this section, see § 1082(c) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 2 of Medical Cannabis Clarification and Program Enforcement Emergency Amendment Act of 2024 (D.C. Act 25-627, Nov. 13, 2024, 71 DCR 14129).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Attorney General Limited Grant-Making Authority Temporary Amendment Act of 2018 (D.C. Law 22-160, Sept. 1, 2018, 65 DCR 7539).

For temporary (225 days) amendment of this section, see § 2 of Litigation Support Fund Temporary Amendment Act of 2024 (D.C. Law 25-171, June 1, 2024, 71 DCR 4654).

For temporary (225 days) amendment of this section, see § 19(a) of Fiscal Year 2024 Revised Local Budget Adjustment Temporary Act of 2024 (D.C. Law 25-208, Sept. 18, 2024, 71 DCR 9914).

Applicability

Applicability of D.C. Law 24-315: § 301 of D.C. Law 24-315 provided that the change made to this section by § 201 of D.C. Law 24-315 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 8(a) of D.C. Law 25-48 repealed, on a temporary basis, section 301 of D.C. Law 24-315 removing the applicability provision impacting this section. Therefore the amendment of this section by section 201 of Law 24-315 has been implemented.

Section 3 of D.C. Law 25-109 repealed section 301 of D.C. Law 24-315 removing the applicability provision impacting this section. Therefore the amendment of this section by section 201 of Law 24-315 has been implemented.