View Amendment Current Amendment: JUD4763.006.docx to Bill 4763     Senator HUTTO proposed the following amendment (JUD4763.006):
   
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read as follows:

    /     SECTION     ____.     Chapter 7, Title 32 of the 1976 Code of Laws is amended by adding the following:

        "Section 32-7-115.     (A)     In addition to other remedies provided in this chapter, the failure of a funeral home, funeral director, individual, or business engaged in the sale of preneed funeral contracts without a license to comply with the provisions of this chapter gives rise to a civil cause of action in favor of an aggrieved consumer, a preneed funeral contract purchaser, or a preneed funeral contract guarantor. Upon entry of judgment for damages in favor of a plaintiff, a circuit court shall award punitive damages in the amount of three times the actual damages awarded in the judgment.
    (B)     The prevailing party, after judgment in circuit court and exhaustion of all appeals, if any, shall receive reasonable attorneys fees and costs from the nonprevailing party.
    (C)     An attorney for a prevailing party shall submit a sworn affidavit of the time spent on the case and the costs incurred for all motions, hearings, and appeals to the chief administrative judge of the circuit where the initial trial occurred.
    (D)     The chief administrative judge shall award the prevailing party the sum of reasonable costs incurred in the action, plus a reasonable legal fee for the hours actually spent on the case as sworn to in an affidavit.
    (E)     An award of attorneys fees or costs shall become part of the judgment and subject to execution as the law allows."                         /
   
Renumber sections to conform.
Amend title to conform.