S 0522 General Bill, By Land

Similar(S 875, H 3549)
 A 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 THE REQUIREMENT THAT THE PLAINTIFF MUST PREVAIL AND IT MUST AFFECT THE
 INTEREST OF THE COUNTY.

   02/23/99  Senate Introduced and read first time SJ-3
   02/23/99  Senate Referred to Committee on Judiciary SJ-3

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 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, as added by Act 60 of 1995, 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 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.