South Carolina General Assembly
114th Session, 2001-2002

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Bill 3120

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      3120
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010109
Primary Sponsor:                  Quinn
All Sponsors:                     Quinn, Walker, Simrill, Delleney, Altman, 
                                  Barrett, Meacham-Richardson, Whatley, 
                                  Sandifer, Robinson, Merrill
Drafted Document Number:          l:\council\bills\skb\18000som01.doc
Residing Body:                    House
Current Committee:                Education and Public Works Committee 21 
                                  HEPW
Subject:                          Voluntary prayer at school function, 
                                  district sued for allowing, State to aid in 
                                  defense of; Torts, Attorney General


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010110  Co-Sponsor added (Rule 5.2) by Rep.            Merrill
House   20010109  Introduced, read first time,           21 HEPW
                  referred to Committee
House   20001213  Prefiled, referred to Committee        21 HEPW


              Versions of This Bill
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 17 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-150 TO REQUIRE THE STATE TO PAY THE LEGAL COSTS INCURRED BY A SCHOOL DISTRICT WHICH IS SUED BECAUSE OF A DISTRICT POLICY ALLOWING VOLUNTARY PRAYER AT SCHOOL FUNCTIONS; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL REPRESENT A SCHOOL DISTRICT IN DEFENDING A CIVIL ACTION INVOLVING ITS DISTRICT POLICY ON VOLUNTARY PRAYER, IF REQUESTED, AND IF THE SCHOOL DISTRICT SELECTS ITS OWN LEGAL REPRESENTATIVE, THE ATTORNEY GENERAL MUST APPROVE THE SELECTION AND THE FEE; AND TO PROVIDE THAT IF THE SCHOOL DISTRICT PREVAILS IN SUCH A CIVIL ACTION, THE COURT SHALL ALLOW THE DISTRICT TO RECOVER ITS COSTS FROM THE LOSING PARTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section 59-17-150.    (A)    The State is responsible for the payment of legal costs incurred by a school district which is sued because of a district policy allowing voluntary prayer at school functions.

    (B)    The Attorney General shall provide legal representation to a school district which requests its assistance in defending a civil action involving its district policy on voluntary prayer. If the school district selects its own legal representative to defend its policy, the Attorney General must approve the selection and the fee agreed upon.

    (C)    In a civil action involving voluntary prayer in which the school district prevails, the court shall allow the district to recover the costs associated with defending its policy from the losing party."

SECTION    2.    This act takes effect upon approval by the Governor.

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