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3943Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990420Primary Sponsor: D. SmithAll Sponsors: D. SmithDrafted Document Number: l:\council\bills\nbd\11305som99.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Attorneys fees, Attorney General and Budget and Control Board to regulate payment of fees to private attorneysHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990420 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND CHAPTER 7, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ATTORNEY GENERAL, SO AS TO ADD SECTION 1-7-83, PROVIDING THAT THE ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS ABOUT THE PAYMENT OF LEGAL FEES TO PRIVATE ATTORNEYS WHO CONDUCT LITIGATION FOR THE STATE, AND TO AMEND SECTION 1-11-180, RELATING TO THE POWERS OF THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE BOARD MUST APPROVE FEE STATEMENTS OF PRIVATE ATTORNEYS WHO CONTRACT WITH THE ATTORNEY GENERAL BEFORE THE ATTORNEY GENERAL AUTHORIZES THEIR PAYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-83. The Attorney General shall promulgate regulations that specify the guidelines for payment of legal fees to private attorneys who contract to conduct litigation for the State. These regulations must include the provision that the Attorney General must submit fee statements from private attorneys that the Attorney General approves for payment to the Budget and Control Board, and that the board has the final authority to overrule payment of the fee."
SECTION 2. Section 1-11-180, of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 1-11-180. (A) In addition to the powers granted the Budget and Control Board under this chapter or any other provision of law, the board may:
(1) survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;
(2) approve the destruction or disposal of state agency records;
(3) require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement;
(4) approve blanket bonds for a state department, agency, or institution including bonds for state officials or personnel. However, the form and execution of blanket bonds must be approved by the Attorney General;
(5) contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs. However, this does not authorize capital expenditures.
(B) The Budget and Control Board must approve all private attorney fee statements for work done on contract with the Attorney General before the Attorney General authorizes payment.
(C) The Budget and Control Board may promulgate regulations necessary to carry out this section."
SECTION 3. This act takes effect upon approval by the Governor.
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