[§28-16]  Litigation deposits trust fund. 
(a)  There is created in the state treasury the litigation deposits trust
fund.  There shall be deposited into this fund all moneys received through any
civil action in which the State is a party where the settlement amount is
$100,000 or higher, except for those actions involving departments able to
procure their own legal services as provided for by section 28-8.3 and where no
other state statute or court order specifically provides for the deposit of
moneys received through the action.



(b)  The fund shall be administered by the
department of the attorney general.  The department shall maintain accounting
records of fund moneys, including subsidiary records of individual litigation
deposits and disbursements thereof.  Moneys in the fund may be separated into
subsidiary accounts; provided that one subsidiary account shall not be
commingled with moneys from another account except for deposit or investment
purposes under subsection (d).



(c)  Disbursements from each account maintained
under subsection (b) may include attorney's fees and other necessary expenses
that the department determines to be reasonable and directly related to
prosecution of the civil action for which the account is maintained; provided
that in the case of moneys deposited as a result of recoveries by an agency to
which a non-general fund applies, the moneys shall be held and disbursed intact
for deposit to the credit of the non-general fund.  Money deposited in the fund
pursuant to an order of the court shall be disbursed in accordance with the
order of the court.  Any residual funds remaining in an account shall be
transferred to the respective non-general or general fund with which the civil
action is associated no later than thirty days after the civil action for which
the account is maintained is closed and all costs of that civil action have
been paid, unless otherwise provided for by statute.



(d)  Moneys in the fund may be invested by the
department in securities as provided by section 36-21.  Investment earnings
shall be deposited in the general fund.



(e)  The department shall submit a report to
the legislature no later than twenty days prior to the convening of each
regular session on:



(1)  The transactions, by subsidiary account, that take
place in the fund for each fiscal year; and



(2)  A summary of the collections made in any amount
on behalf of other departments and agencies specifying the appropriate number
of transactions and amount collected for each department and agency. [L 2002, c
178, §1]