GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 General determines that the employee clearly acted outside of the 



2 course and scope of the employee's duties. This section does not 



3 apply to counties, cities, towns, other municipal corporations or 



4 political subdivisions of the State, or any agencies of these 



5 municipal corporations or political subdivisions, or to county or 



6 city boards of education." 



7 Section 2. Article 3 of Chapter 6 of the General 



8 Statutes is amended by adding a new section to read: 



9 " S 6-19.3. Allowance of costs and attorney's fees in certain 



10 cases involving enforcement of environmental, public health, or 



11 laws. 



12 Upon the determination that a State employee or former State 



13 employee has prevailed in a civil action or special proceeding 



14 brought against the employee for an act or omission related to 



15 the enforcement of any law for the protection of public health, 



16 the environment, public health, or natural resources; the court 



17 shall award costs, including reasonable attorney's fees for the 



18 attorneys who represent the employee and the State agency 



19 employer, unless the court finds that the award of attorney's 

 2 fees would be unjust. " 



21 Section 3. This act is effective when it becomes law 



22 and applies to any action or special proceeding commenced on or 



23 after that date. 



Paop 7 ERCOO-RT/SBZ-010.03 



