H 3120 General Bill, By Quinn, Barrett, Delleney, Meacham-Richardson, Altman, 
Sandifer, Whatley, Simrill, Walker, Robinson and Merrill
 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.

   12/13/00  House  Prefiled
   12/13/00  House  Referred to Committee on Education and Public Works
   01/09/01  House  Introduced and read first time HJ-55
   01/09/01  House  Referred to Committee on Education and Public
                     Works HJ-55

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.