Bill 234

                    Current Status

Introducing Body:               Senate
Bill Number:                    234
Primary Sponsor:                McConnell
Committee Number:               11
Type of Legislation:            GB
Subject:                        Procurement Review Panel,
                                attorney's fees
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       234
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McConnell
                                Setzler
                                Martschink
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 234   Senate  Jan 08, 1991  Introduced and read first       11
                             time, referred to Committee
 234   Senate  Oct 08, 1990  Prefiled, referred to           11
                             Committee

A BILL

TO AMEND SECTION 11-35-4210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO RESOLVE A PROTEST CONCERNING THE SOLICITATION OR THE AWARD OF A CONTRACT SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PROCUREMENT REVIEW PANEL MAY ASSESS REASONABLE COSTS AND ATTORNEY'S FEES AGAINST A PARTY OR A PARTY REPRESENTATIVE WHO SIGNS A PROTEST, MOTION, OR OTHER PAPER THAT IS SUBMITTED FOR AN IMPROPER PURPOSE.

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

SECTION 1. Section 11-35-4210 of the 1976 Code is amended by adding:

"(8) The signature of an attorney or party constitutes a certificate by the signer that the signer has read the protest, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of litigation. If a protest, pleading, motion, or other filing is signed in violation of this rule, the Procurement Review Panel, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the protest, pleading, motion, or other paper, including a reasonable attorney's fee."

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