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Current Status Bill Number:View additional legislative information at the LPITS web site.875 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990527 Primary Sponsor:Elliott All Sponsors:Elliott Drafted Document Number:l:\s-res\de\007coun.whb.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Property tax assessor duties, county to pay attorney fees for defending actions brought against, Political Subdivisions History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990527 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTION 12-60-1760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A COUNTY MUST PAY REASONABLE ATTORNEY'S FEES, EXPENSES, DAMAGES, AND COSTS RESULTING FROM DEFENDING AN ACTION BROUGHT AGAINST A COUNTY OFFICER FOR PERFORMING A DUTY IMPOSED ON HIM BY TITLE 12 IF THE PLAINTIFF PREVAILS IN THE ACTION AND IT AFFECTS THE INTEREST OF THE COUNTY, SO AS TO DELETE THE REQUIREMENT THAT THE DUTY WAS IMPOSED BY TITLE 12 AND SUBSTITUTE THAT THE DUTY WAS IMPOSED BY LAW AND DELETE THE REQUIREMENT THAT THE PLAINTIFF MUST PREVAIL AND IT MUST AFFECT THE INTEREST OF THE COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-60-1760(A) of the 1976 Code is amended to read:
"(A) The county shall pay the reasonable attorney's fees, expenses, damages, and costs resulting from defending an action brought against a county officer for performing or attempting to perform a duty imposed on him by this by law title if the plaintiff prevails in the action and it affects the interest of the county. The county auditor shall ratably apportion the fees, expenses, damages, and costs among all parties, except the State, interested in the revenue involved in the action."
SECTION 2. This act takes effect upon approval by the Governor.
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