The bill H. 4255 aims to amend the South Carolina Code of Laws by introducing new provisions that enhance the powers and protections of the Attorney General in civil litigation. Specifically, it adds Section 1-7-95, which clarifies that when the Attorney General acts in the name of the State, they do so in the public interest and not as a representative of any state department or agency. This section also stipulates that such departments and agencies are not parties to these actions, and their documents are not under the Attorney General's control, while still allowing the Attorney General to represent them in a proprietary capacity.
Additionally, the bill introduces Section 39-5-55, granting the Attorney General the remedy of disgorgement in actions brought under this article, and Section 39-5-85, which establishes that materials prepared or shared with the Attorney General for law enforcement purposes are considered privileged. This privilege remains intact even after the conclusion of an investigation, whether through litigation or settlement. The bill is set to take effect upon the Governor's approval.
Statutes affected: 03/27/2025: 1-7-95, 39-5-55, 39-5-85
Latest Version: 1-7-95, 39-5-55, 39-5-85