Bill 3560

                    Current Status

Introducing Body:               House
Bill Number:                    3560
Primary Sponsor:                Huff
Committee Number:               25
Type of Legislation:            GB
Subject:                        Attorney fees in child abuse
                                cases
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       436/12867DW.93
Introduced Date:                19930224    
Last History Body:              House
Last History Date:              19930224    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Huff
                                     Cobb-Hunter
                                     Baxley
                                     Delleney
                                     Beatty
                                     Jennings
                                     Martin
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3560  House   19930224      Introduced, read first time,    25
                            referred to Committee

A BILL

TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOWANCE OF FEES FOR ATTORNEYS FOR CASES IN CIVIL ACTIONS BROUGHT BY THE STATE, POLITICAL SUBDIVISION OR PARTY CONTESTING ESTATE ACTION, SO AS TO DELETE FROM THE EXCEPTION TO THIS SECTION CHILD ABUSE AND NEGLECT ACTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300. In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:

(1) The court finds that the agency acted without substantial justification in pressing its claim against the party; and

(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust.

The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions."

SECTION 2. This act takes effect upon approval by the Governor.