S*0186(Rat #0124, Act #0125 of 2010)  General Bill, By McConnell and Campsen
 AN ACT TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO
 LIMIT ATTORNEY'S FEES TO A REASONABLE TIME EXPENDED AT A REASONABLE RATE AND
 TO PROVIDE FACTORS THAT MUST BE CONSIDERED IN MAKING THIS DETERMINATION. -
 ratified title

   12/17/08  Senate Prefiled
   12/17/08  Senate Referred to Committee on Judiciary
   01/13/09  Senate Introduced and read first time SJ-157
   01/13/09  Senate Referred to Committee on Judiciary SJ-157
   01/23/09  Senate Referred to Subcommittee: L.Martin (ch), Rankin,
                     Hutto, Bright, Davis
   03/04/09  Senate Committee report: Favorable with amendment
                     Judiciary SJ-17
   03/10/09  Senate Special order, set for March 10, 2009 SJ-23
   03/11/09  Senate Committee Amendment Amended and Adopted SJ-43
   03/11/09  Senate Amended SJ-43
   03/11/09  Senate Read second time SJ-43
   03/17/09  Senate Read third time and sent to House SJ-36
   03/24/09  House  Introduced and read first time HJ-19
   03/24/09  House  Referred to Committee on Judiciary HJ-19
   05/20/09  House  Recalled from Committee on Judiciary HJ-34
   05/21/09  House  Debate adjourned until Friday, May 22, 2009 HJ-17
   01/13/10  House  Requests for debate-Rep(s). Hart, JE Smith,
                     Sellers, Gunn, McLeod, Weeks, Govan, Hodges,
                     King, Harrison, and GM Smith HJ-29
   01/13/10  House  Debate adjourned until Thursday, January 14, 2010 HJ-39
   01/14/10  House  Debate adjourned until Tuesday, January 19, 2010 HJ-549
   01/20/10  House  Amended HJ-20
   01/20/10  House  Read second time HJ-22
   01/20/10  House  Roll call Yeas-95  Nays-3 HJ-22
   01/21/10  House  Read third time and returned to Senate with
                     amendments HJ-33
   02/02/10  Senate Concurred in House amendment and enrolled SJ-17
   02/18/10         Ratified R 124
   02/24/10         Signed By Governor
   03/03/10         Effective date 02/24/10
   03/10/10         Act No. 125

(A125, R124, S186)

AN ACT TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT ATTORNEY'S FEES TO A REASONABLE TIME EXPENDED AT A REASONABLE RATE AND TO PROVIDE FACTORS THAT MUST BE CONSIDERED IN MAKING THIS DETERMINATION.

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

Attorney's fees, state-initiated actions

SECTION    1.    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.

The agency is presumed to be substantially justified in pressing its claim against the party if the agency follows a statutory or constitutional mandate that has not been invalidated by a court of competent jurisdiction.

(B)    Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable rate. Factors to be applied in determining a reasonable rate include:

(1)    the nature, extent, and difficulty of the case;

(2)    the time devoted;

(3)    the professional standing of counsel;

(4)    the beneficial results obtained; and

(5)    the customary legal fees for similar services.

The judge must make specific written findings regarding each factor listed above in making the award of attorney's fees. However, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees the party has contracted to pay counsel personally for work on the 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."

Time effective

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

Ratified the 18th day of February, 2010.

Approved the 24th day of February, 2010.