GENERAL ASSEMBLY OF NORTH CAROLINA 



SESSION 1999 



S/H 1 



BILL DRAFT ERCOO-RT/SBZ-0 10 . 03 (5.9) 

 15-MAY-OO EZT / 12:27:23 



ATTENTION; This is a draft and is not ready for introduction. 



Short Title: Private Counsel/Atty . Fees/State Emp. (Public) 



Sponsors ; 



Referred to: 



1 A BILL TO BE ENTITLED 



2 AN ACT TO PROVIDE FOR PRIVATE COUNSEL AND TO PROVIDE FOR THE 



3 RECOVERY OF COSTS AND ATTORNEY'S FEES IN CIVIL ACTIONS AGAINST 



4 A STATE EMPLOYEE WHEN THE STATE EMPLOYEE IS ALLEGED TO BE 



5 PERSONALLY LIABLE FOR DAMAGES FOR ANY OFFICIAL ACT OR OMISSION 



6 IN CONNECTION WITH THE ENFORCEMENT OF ENVIRONMENTAL LAWS, AS 



7 RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 



8 The General Assembly of North Carolina enacts: 



9 Section 1. G.S. 114-2.3 reads as rewritten: 



10 "§114-2.3. Use of private counsel limited. 



11 Every agency, institution, department, bureau, board, or 



12 commission of the State, authorized by law to retain private 



13 counsel, shall obtain written permission from the Attorney 



14 General prior to employing private counsel. An agency that is 



15 responsible for the administration or enforcement of any law for 



16 the protection of the environment, public health, or natural 



17 resources shall request private counsel for a State employee or 



18 former State employee who, in any action or special proceeding, 



19 is alleged to be personally liable for damages as the result of 



20 any act or omission by the employee during the course of his or 



2 1 her employment, if the employee requests private counsel. The 



22 Attorney General shall approve the request unless the Attorney 



