(a) There is established in the State Treasury a special fund to be known as the Attorney General's Litigation Support Fund.
(b) The fund may consist of any and all monies designated by a court order as reasonable attorney fees and related expenses received by the Attorney General pursuant to this section as a result of any fees, fines, restitution, forfeitures, penalties, costs, interest, or judgments collected pursuant to any civil litigation, or any administrative proceedings, or in settlement of any claim asserted by or against the people of Alabama, the State of Alabama, or any of its departments, agencies, institutions, officers, employees, or political subdivisions thereof. Notwithstanding the foregoing, the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements shall not be affected by this article unless the recipient entity of the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements agrees by written contract to designate the receipt of such or a portion thereof to the Attorney General. Such a written contract shall be reviewed by the Contract Review Committee of the Legislature. Notwithstanding any provision of this subsection, or any other provision of law, the Attorney General may not accept judgments or settlements of any kind, or any part thereof, for the use of the Office of the Attorney General in excess of the actual expenses of the Office of the Attorney General, pursuant to the litigation or the issue settled plus 10 percent of the amount of such judgments or settlements. Provided further, however, that the total amount above actual expenses which may be retained by the Attorney General pursuant to this section, shall not exceed one million dollars ($1,000,000) per fiscal year. Any judgments or settlements received by the office of the Attorney General in excess of the amount shall be remitted to the State General Fund.
The actual expenses of the office of the Attorney General pursuant to litigation or the issue settled shall be certified by the Attorney General to the Chairman of the Senate Committee on Finance and Taxation and the Chairman of the House Ways and Means Committee and the state Comptroller.
(c) The Attorney General may expend monies appropriated by the Legislature from the fund for the purpose of implementing any provision of this article or for the performance of any of the powers, functions, duties, and responsibilities of the office of the Attorney General.
(d) The fund shall be placed under the management or administration of the Attorney General for the purpose of implementing this article or for the purpose of performing any of the functions, duties, powers, and responsibilities of the office of the Attorney General and all monies deposited in the fund are available for appropriation to the office of the Attorney General. The appropriations shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41.
(e) The appropriation of these monies shall be in addition to any monies appropriated to the office of the Attorney General from the State General Fund or from any other sources.
(f) Neither the Attorney General, nor any employee of that office, shall have any financial interest in the investment of monies in the fund nor receive any commission with respect thereto.
(g) It shall be the duty of the Attorney General to keep detailed permanent records of all expenditures and disbursements from the fund.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §8; Acts 1995, No. 95-770, p. 1819, §1.)
(a) There is established in the State Treasury a special fund to be known as the Attorney General's Litigation Support Fund.
(b) The fund may consist of any and all monies designated by a court order as reasonable attorney fees and related expenses received by the Attorney General pursuant to this section as a result of any fees, fines, restitution, forfeitures, penalties, costs, interest, or judgments collected pursuant to any civil litigation, or any administrative proceedings, or in settlement of any claim asserted by or against the people of Alabama, the State of Alabama, or any of its departments, agencies, institutions, officers, employees, or political subdivisions thereof. Notwithstanding the foregoing, the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements shall not be affected by this article unless the recipient entity of the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements agrees by written contract to designate the receipt of such or a portion thereof to the Attorney General. Such a written contract shall be reviewed by the Contract Review Committee of the Legislature. Notwithstanding any provision of this subsection, or any other provision of law, the Attorney General may not accept judgments or settlements of any kind, or any part thereof, for the use of the Office of the Attorney General in excess of the actual expenses of the Office of the Attorney General, pursuant to the litigation or the issue settled plus 10 percent of the amount of such judgments or settlements. Provided further, however, that the total amount above actual expenses which may be retained by the Attorney General pursuant to this section, shall not exceed one million dollars ($1,000,000) per fiscal year. Any judgments or settlements received by the office of the Attorney General in excess of the amount shall be remitted to the State General Fund.
The actual expenses of the office of the Attorney General pursuant to litigation or the issue settled shall be certified by the Attorney General to the Chairman of the Senate Committee on Finance and Taxation and the Chairman of the House Ways and Means Committee and the state Comptroller.
(c) The Attorney General may expend monies appropriated by the Legislature from the fund for the purpose of implementing any provision of this article or for the performance of any of the powers, functions, duties, and responsibilities of the office of the Attorney General.
(d) The fund shall be placed under the management or administration of the Attorney General for the purpose of implementing this article or for the purpose of performing any of the functions, duties, powers, and responsibilities of the office of the Attorney General and all monies deposited in the fund are available for appropriation to the office of the Attorney General. The appropriations shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41.
(e) The appropriation of these monies shall be in addition to any monies appropriated to the office of the Attorney General from the State General Fund or from any other sources.
(f) Neither the Attorney General, nor any employee of that office, shall have any financial interest in the investment of monies in the fund nor receive any commission with respect thereto.
(g) It shall be the duty of the Attorney General to keep detailed permanent records of all expenditures and disbursements from the fund.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §8; Acts 1995, No. 95-770, p. 1819, §1.)
(a) There is established in the State Treasury a special fund to be known as the Attorney General's Litigation Support Fund.
(b) The fund may consist of any and all monies designated by a court order as reasonable attorney fees and related expenses received by the Attorney General pursuant to this section as a result of any fees, fines, restitution, forfeitures, penalties, costs, interest, or judgments collected pursuant to any civil litigation, or any administrative proceedings, or in settlement of any claim asserted by or against the people of Alabama, the State of Alabama, or any of its departments, agencies, institutions, officers, employees, or political subdivisions thereof. Notwithstanding the foregoing, the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements shall not be affected by this article unless the recipient entity of the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements agrees by written contract to designate the receipt of such or a portion thereof to the Attorney General. Such a written contract shall be reviewed by the Contract Review Committee of the Legislature. Notwithstanding any provision of this subsection, or any other provision of law, the Attorney General may not accept judgments or settlements of any kind, or any part thereof, for the use of the Office of the Attorney General in excess of the actual expenses of the Office of the Attorney General, pursuant to the litigation or the issue settled plus 10 percent of the amount of such judgments or settlements. Provided further, however, that the total amount above actual expenses which may be retained by the Attorney General pursuant to this section, shall not exceed one million dollars ($1,000,000) per fiscal year. Any judgments or settlements received by the office of the Attorney General in excess of the amount shall be remitted to the State General Fund.
The actual expenses of the office of the Attorney General pursuant to litigation or the issue settled shall be certified by the Attorney General to the Chairman of the Senate Committee on Finance and Taxation and the Chairman of the House Ways and Means Committee and the state Comptroller.
(c) The Attorney General may expend monies appropriated by the Legislature from the fund for the purpose of implementing any provision of this article or for the performance of any of the powers, functions, duties, and responsibilities of the office of the Attorney General.
(d) The fund shall be placed under the management or administration of the Attorney General for the purpose of implementing this article or for the purpose of performing any of the functions, duties, powers, and responsibilities of the office of the Attorney General and all monies deposited in the fund are available for appropriation to the office of the Attorney General. The appropriations shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41.
(e) The appropriation of these monies shall be in addition to any monies appropriated to the office of the Attorney General from the State General Fund or from any other sources.
(f) Neither the Attorney General, nor any employee of that office, shall have any financial interest in the investment of monies in the fund nor receive any commission with respect thereto.
(g) It shall be the duty of the Attorney General to keep detailed permanent records of all expenditures and disbursements from the fund.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §8; Acts 1995, No. 95-770, p. 1819, §1.)
