South Dakota § 1-33-8.11 - Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund.
Full text of South Dakota South Dakota Codified Laws § 1-33-8.11 — Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund., with citation guidance and answers to common questions.
§ 1-33-8.11. Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund.
There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Human Resources and 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. The fund may also be used for the payment of any self-insured retention for which the state is responsible under a cyber liability insurance policy purchased by the state. 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 human resources and 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.
Source: SL 2004, ch 56, § 1, eff. Mar. 8, 2004; SL 2005, ch 7, § 1; SL 2006, ch 3, § 1, Mar. 6, 2006; SL 2019, ch 1, § 1, eff. Mar. 21, 2019; SDCL § 1-14-3.1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 1-33-8.11
What does South Dakota Codified Laws § 1-33-8.11 cover?
Section 1-33-8.11 ("Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 1-33-8.11?
A common citation format is "South Dakota Codified Laws § 1-33-8.11" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 1-33-8.11 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.