H 3420 General Bill, By Robinson, Knotts, Altman, Campsen, Coates, Coleman, 
Delleney, Easterday, Fleming, Harrison, Lucas, McGee, Rice, Scott, Simrill, 
Sinclair, G.M. Smith, W.D. Smith, Taylor, Whatley and J. Young
 A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS
 TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN THESE ACTIONS AND IN
 ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO
 PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE
 PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION
 FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.

   01/31/01  House  Introduced and read first time HJ-22
   01/31/01  House  Referred to Committee on Judiciary HJ-22

TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN THESE ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.

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 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.

    (A)    In any civil action or administrative proceeding, a prevailing private party may be awarded attorney's fees against the State, or a political subdivision or agency of the State, if the court, chief procurement officer, administrative law judge, procurement review panel, or other appropriate tribunal finds that:

        (1)    the State, or political subdivision or agency of the State, acted without substantial justification in bringing or defending its claims against the prevailing private party; and

        (2)    there are no special circumstances that would make the award of attorney's fees unjust.

    (B)    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.    Section 15-77-310 of the 1976 Code is amended to read:

    "Section 15-77-310.    The A private party entitled to attorney's fees shall petition for the attorney's fees within thirty days following the later of:

    (1)    final disposition of the case.; or

    (2)    the issuance of a final administrative decision.

    The petition must be supported by an affidavit setting forth the basis for the request."

SECTION    3.    This act takes effect upon approval by the Governor.