H*2028 Session 106 (1985-1986)
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
(A44, R70, H2028)
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. |