South Carolina General Assembly
115th Session, 2003-2004

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3293

STATUS INFORMATION

General Bill
Sponsors: Rep. Altman
Document Path: l:\council\bills\dka\3127dw03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Political subdivision of this state or local public entity

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/14/2003  House   Introduced and read first time HJ-114
   1/14/2003  House   Referred to Committee on Judiciary HJ-115

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/14/2003

(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 A POLITICAL SUBDIVISION OF THIS STATE OR STATE OR LOCAL PUBLIC ENTITY MAY NOT 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 ATTORNEYS' 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.    Chapter 1, Title 8 of the 1976 Code is amended by adding:

"Section 8-1-195.    A political subdivision of this State or state or local public body, entity, institution, board, commission, or committee may not 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 attorneys' 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.

----XX----

This web page was last updated on Monday, December 7, 2009 at 10:25 A.M.