Current Status Introducing Body:House Bill Number:4127 Primary Sponsor:Sturkie Committee Number:25 Type of Legislation:GB Subject:Attorney's fees Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4574AL.93 Introduced Date:19930415 Last History Body:House Last History Date:19930415 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sturkie Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4127 House 19930415 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES, SO AS TO PERMIT THE STATE TO COVER THE FEES.
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 a civil action brought by the State, any a political subdivision of the State or any a 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 party if the:
(1) The court finds that the agency party against whom fees are sought acted without substantial justification in bad faith in pressing its claim against the party; and
(2) party seeking fees can demonstrate which portion of the fees were associated with the defense of the bad faith claim; and
(2)(3) 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.