H*2028(Rat #0070, Act #0044 of 1985)  General Bill, By Kirsh
 A Bill to amend Chapter 77 of Title 15, Code of Laws of South Carolina, 1976,
 relating to law suits involving the State and state agencies and officials by
 adding Article 5 so as to authorize attorney's fees to be awarded under
 certain conditions to parties who successfully defend state initiated actions
 or who compel the disclosure of public records by a state agency.

   12/03/84  House  Prefiled
   12/03/84  House  Referred to Committee on Judiciary
   01/08/85  House  Introduced and read first time HJ-152
   01/08/85  House  Referred to Committee on Judiciary HJ-152
   02/06/85  House  Committee report: Favorable Judiciary HJ-563
   02/12/85  House  Read second time HJ-668
   02/13/85  House  Read third time and sent to Senate HJ-690
   02/14/85  Senate Introduced and read first time SJ-519
   02/14/85  Senate Referred to Committee on Judiciary SJ-519
   03/13/85  Senate Committee report: Favorable with amendment
                     Judiciary SJ-843
   03/19/85  Senate Amended SJ-925
   03/19/85  Senate Read second time SJ-925
   03/20/85  Senate Amended SJ-951
   03/20/85  Senate  Read third time SJ-951
   03/20/85  Senate Returned SJ-951
   03/20/85  House  Concurred in Senate amendment and enrolled HJ-1523
   04/24/85         Ratified R 70
   04/29/85         Signed By Governor
   04/29/85         Effective date 07/01/85
   04/29/85         Act No. 44
   05/14/85         Copies available

AN ACT TO AMEND CHAPTER 77 OF TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW SUITS INVOLVING THE STATE AND STATE AGENCIES AND OFFICIALS BY ADDING ARTICLE 5 SO AS TO AUTHORIZE ATTORNEY'S FEES TO BE AWARDED UNDER CERTAIN CONDITIONS TO PARTIES WHO SUCCESSFULLY DEFEND OR CONTEST ACTIONS INITIATED BY THE STATE OR A POLITICAL SUBDIVISION THEREOF AND TO PROVIDE FOR THE PARTY WHO IS RESPONSIBLE FOR PAYING THE COST OF BLOOD TESTS IN CERTAIN PATERNAL OR MATERNAL RELATIONSHIP ACTIONS.

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

Attorney's fees

SECTION 1. Chapter 77 of Title 15 of the 1976 Code is amended by adding:

"ARTICLE 5

ATTORNEY'S FEES IN STATE INITIATED ACTIONS

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 15-77-310. The party shall petition for the attorney's fees within thirty days following final disposition of the case. The petition must be supported by an affidavit setting forth the basis for the request.

Section 15-77-320. Nothing in this article grants permission to bring an action against an agency otherwise immune from suit or gives a right to bring an action to a party who otherwise lacks standing to bring the action.

Section 15-77-330. Any attorney's fees assessed against an agency under this article shall be paid from the agency's funds to the extent the funds are available and from the state's or political subdivision's general fund if the agency has no available funds; provided, that such money shall only be paid upon presentation of an itemized accounting of the attorney's fees. The State Budget and Control Board shall determine whether or not the agency has available funds for this purpose.

Section 15-77-340. In any civil action in which the paternal or maternal relationship of one person to another is sought to be proved by use of blood tests, the costs of such tests shall be paid by that party upon whom the blood test is to be performed, except that the plaintiff shall pay the cost of any test administered to a child if a minor. Upon entry of judgment, the court shall award to the prevailing party any cost incurred by him or it under this section for the administration of such blood tests."

Time effective

SECTION 2. This act shall take effect July 1, 1985, and applies to actions commenced on or after that date.