Bill 71

                    Current Status

Introducing Body:               Senate
Bill Number:                    71
Primary Sponsor:                McConnell
Committee Number:               25
Type of Legislation:            GB
Subject:                        Procurement Code, assessment
                                of attorney fees
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       436/12722SD.93
Introduced Date:                19930112
Date of Last Amendment:         19930128
Last History Body:              House
Last History Date:              19930203
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McConnell
                                Leatherman
                                Rose
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

71    House   19930203      Introduced, read first time,    25
                            referred to Committee
71    Senate  19930202      Read third time, sent to House
71    Senate  19930128      Amended, read second time
71    Senate  19930127      Committee Report: Favorable     11
                            with amendment
71    Senate  19930112      Introduced, read first time,    11
                            referred to Committee

COMMITTEE AMENDMENT ADOPTED

January 28, 1993

S. 71

Introduced by SENATORS McConnell, Leatherman and Rose

S. Printed 1/28/93--S.

Read the first time January 12, 1993.

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.

Amend Title To Conform

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 subsection, 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.