H 4566 Joint Resolution, By Cooper
 A JOINT RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE
 BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE
 SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL VS. THE STATE OF SOUTH CAROLINA
 AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT
 PURPOSE.

   01/29/08  House  Introduced, read first time, placed on calendar
                     without reference HJ-3
   01/30/08  House  Read second time HJ-16
   01/31/08  House  Read third time and sent to Senate HJ-25
   02/05/08  Senate Introduced and read first time SJ-21
   02/05/08  Senate Referred to Committee on Finance SJ-21
   03/05/08  Senate Committee report: Favorable with amendment
                     Finance SJ-15
   03/06/08  Senate Committee Amendment Adopted SJ-7
   03/06/08  Senate Read second time SJ-7
   03/07/08         Scrivener's error corrected
   03/12/08  Senate Read third time and returned to House with
                     amendments SJ-20
   03/13/08         Scrivener's error corrected
   03/26/08  House  Debate adjourned on amendments
   03/26/08  House  Senate amendment amended HJ-30
   03/26/08  House  Returned to Senate with amendments HJ-32

AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Path council\bbm\1045htc08)

Amt. No. 2 (Doc. Path council\gjk\20607sd08)

March 26, 2008

H. 4566

S. Printed 3/6/08--S.

Read the first time February 5, 2008.

AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL VS. THE STATE OF SOUTH CAROLINA AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT PURPOSE.

Amend Title To Conform

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

SECTION    1.    (A)    The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.

(B)    The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of fiscal year 2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for fiscal year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations act that allows agencies to carry forward up to ten percent of their general funds.

SECTION    2.    Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300.    (A)    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.

(B)(1)    Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable hourly rate and the attorney's fees awarded shall not be in excess of one hundred twenty-five dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceeding involved, justifies a higher fee;

(2)    however, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees that the party was contracted to pay counsel for work on the litigation;

(3)    beginning January 1, 2009, should the Attorney General determine that the one hundred twenty-five dollars per hour maximum as provided for in subsection (B)(1) should be adjusted to reflect the current market conditions, the Attorney General may adjust the maximum hourly rate based upon the prevailing and customary hourly rate that the Attorney General typically approves for attorneys in South Carolina engaged to represent the State in tort litigation.

(C)    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, and challenges concerning the constitutionality of an act of the General Assembly."

SECTION    3.    This joint resolution takes effect upon approval by the Governor.