H 4283 General Bill, By Robinson, H. Brown, Cooper, Davenport, Fleming, 
R.J. Herdklotz, Littlejohn, Mason, Rice, Riser, Sandifer, Simrill, D. Smith, 
Stuart, P.H. Thomas, Walker, Whatley and S.S. Wofford
 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.

   05/31/95  House  Introduced and read first time HJ-101
   05/31/95  House  Referred to Committee on Judiciary HJ-101

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 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300. In any civil action brought by the State, any a political subdivision of the State, or any party who is contesting state action, or in any contested administrative proceeding under the Administrative Procedures Act that is initiated by the State, a political subdivision of the State, or a party contesting such action, unless the prevailing party is the State or any a political subdivision of the State, the court or administrative law judge may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if the court or administrative law judge finds that:

(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, except as provided by law."

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