Current Status Bill Number:4251 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970529 Primary Sponsor:F. Smith All Sponsors:F. Smith, McMahand and Vaughn Drafted Document Number:pt\1312dw.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Frivolous claim filed against public official regarding ethical code, civil and criminal penalty; Ethics, Public Officer
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970529 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1530 SO AS TO PROVIDE FOR A CIVIL AND CRIMINAL PENALTY FOR A PERSON WHO FILES A FRIVOLOUS CLAIM AGAINST AN OFFICIAL OR PERSON SUBJECT TO THE PROVISIONS OF CHAPTER 13, TITLE 8 (ETHICS ACT) AND A PERSON SUBJECT TO AN ETHICAL CODE ENFORCED BY THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-1530. (A) For purposes of this section, 'frivolous claim' means a claim or assertion which does not have merit and is asserted solely to harass.
(B) A person may not file a frivolous claim against a public official or person subject to the provisions of Chapter 13, Title 8, or against a person governed by an ethical code enforced by the State.
(C) A person violating the provisions of this section is guilty of a misdemeanor and must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(D) A person who fails to comply with the provisions of this section is liable in a civil action for an amount not to exceed five hundred dollars plus attorney's fees actually and reasonably incurred by the person against whom the claim is made and court costs."
SECTION 2. This act takes effect upon approval by the Governor.