South Carolina General Assembly
114th Session, 2001-2002

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Bill 4362


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4362
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010904
Primary Sponsor:                  Altman
All Sponsors:                     Altman
Drafted Document Number:          l:\council\bills\bbm\10534sd01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Political subdivisions may not solicit 
                                  litigation against itself or support 
                                  plaintiffs in such litigation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010904  Introduced, read first time,           25 HJ
                  referred to Committee


              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 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.

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