H 4362 General Bill, By Altman
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 8-1-195 SO AS TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE OR STATE
 OR LOCAL PUBLIC ENTITY MAY SOLICIT LITIGATION AGAINST ITSELF OR DIRECTLY OR
 INDIRECTLY SUPPORT THE PLAINTIFFS IN ANY SUCH LITIGATION UNLESS REQUIRED TO DO
 SO BY LAW OR COURT ORDER, AND TO PROVIDE THAT, WHEN A POLITICAL SUBDIVISION OR
 PUBLIC ENTITY IS IN VIOLATION OF THE ABOVE PROVISIONS AS DETERMINED BY THE
 STATE ATTORNEY GENERAL, ALL EXPENSES INCURRED FOR ATTORNEY'S FEES AND COSTS ON
 ITS BEHALF MUST BE PAID BY THE SUBDIVISION OR ENTITY.

   09/04/01  House  Introduced and read first time HJ-5
   09/04/01  House  Referred to Committee on Judiciary HJ-5

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-195 SO AS TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE OR STATE OR LOCAL PUBLIC ENTITY MAY SOLICIT LITIGATION AGAINST ITSELF OR DIRECTLY OR INDIRECTLY SUPPORT THE PLAINTIFFS IN ANY SUCH LITIGATION UNLESS REQUIRED TO DO SO BY LAW OR COURT ORDER, AND TO PROVIDE THAT WHEN A POLITICAL SUBDIVISION OR PUBLIC ENTITY IS IN VIOLATION OF THE ABOVE PROVISIONS AS DETERMINED BY THE STATE ATTORNEY GENERAL, ALL EXPENSES INCURRED FOR ATTORNEY'S FEES AND COSTS ON ITS BEHALF MUST BE PAID BY THE SUBDIVISION OR ENTITY.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 8-1-195.    No political subdivision of this State or state or local public body, entity, institution, board, commission, or committee may solicit litigation against itself or directly or indirectly support the plaintiffs in any such litigation unless required to do so by law or court order, it being the duty of the political subdivision or public entity and the public officials representing it consistent with their oath of office to support and defend the existing laws or procedures applicable to the subdivision or entity unless and until changed by appropriate means, including subsequently enacted statutes or ordinances. When a political subdivision or public entity is in violation of the provisions of this section as determined by the State Attorney General, all expenses incurred for attorney's fees and costs by any public or private attorneys acting on its behalf, must be paid by the subdivision or entity."

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