H 3383 General Bill, By Robinson, Altman, Beck, Campsen, Cotty, Inabinett, 
Klauber, Lloyd, Sandifer, Trotter and Whipper
 A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR
 THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE
 ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THIS STATE, A POLITICAL
 SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.

   02/05/97  House  Introduced and read first time HJ-16
   02/05/97  House  Referred to Committee on Judiciary HJ-16
   04/17/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   04/24/97  House  Amended HJ-56
   04/24/97  House  Objection by Rep. F. Smith, Neal, Scott &
                     McMahand HJ-57
   04/24/97  House  Read second time HJ-57
   04/29/97  House  Read third time and sent to Senate
   04/29/97  House  Objection withdrawn by Rep. Scott, & Neal HJ-88
   04/29/97  House  Objection withdrawn by Rep. McMahand HJ-90
   04/30/97  Senate Introduced and read first time SJ-6
   04/30/97  Senate Referred to Committee on Judiciary SJ-6
   06/02/98  Senate Polled out of committee Judiciary SJ-29
   06/02/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-29

POLLED OUT OF COMMITTEE

MAJORITY FAVORABLE WITH AMENDMENT

June 2, 1998

H. 3383

Introduced by Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck

S. Printed 6/2/98--S.

Read the first time April 30, 1997.

To whom was referred a Bill (H. 3383), to amend Section 15-77-300, Code of Laws of South Carolina, 1976, relating to attorney's fees in state initiated actions, etc., respectfully

Has polled the Bill out majority favorable with amendment, to wit:

Amend the bill, as and if amended, by deleting SECTION 1 and inserting:

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

"Section 15-77-300. In any civil action or administrative proceeding brought by or against the State, any a political subdivision or agency of the State, or any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief procurement officer, Procurement Review Panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if it is found that:

(1) The court finds that the State or a political subdivision or agency of the State acted without substantial justification in pressing its claim against the prevailing party or the state action; 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, except as provided by law."/

Renumber sections to conform.

Amend title to conform.

A BILL

TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.

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

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

"Section 15-77-300. In any civil action or administrative proceeding brought by or against the State, any a political subdivision or agency of the State, or any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief procurement officer, Procurement Review Panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:

(1) The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; 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, except as provided by law."

SECTION 2. Section 15-77-310 of the 1976 Code is amended to read:

"Section 15-77-310. The prevailing party shall petition for the attorney's fees within thirty days following the later of:

(1) final disposition of the case.; or

(2) the issuance of a final administrative decision.

The petition must be supported by an affidavit setting forth the basis for the request."

SECTION 3. This act takes effect upon approval by the Governor.