South Carolina General Assembly
113th Session, 1999-2000

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Bill 3398

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COMMITTEE REPORT

March 25, 1999

H. 3398

Introduced by Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton, Klauber, Trotter, Haskins, Harrison, Vaughn and Barrett

S. Printed 3/25/99--H.

Read the first time January 28, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3398), 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, in Section 15-77-300 of the 1976 Code as contained in SECTION 1, page 1, line 34, by inserting /Administrative Law Judge Division,/ after /officer,/

When amended Section 15-77-300 shall read:

"Section 15-77-300. In any civil action or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief procurement officer, Administrative Law Judge Division, Procurement Review Panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:

(1) The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; 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."

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND IS:

Undeterminable cost to the general fund

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Attorney General's Office forecasts a potential cost to the General Fund of the State pursuant to Section 15-77-300. However, the Attorney General's Office notes that the amount is currently not quantifiable. Pointing out that the passage of the bill would certainly expose the state to a greater liability, the Attorney General's Office notes that the liability would result from the inclusion of proceedings that are either brought by or against the state as opposed to only proceedings brought by the state.

Approved By:

Don Addy

Office of State Budget

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 SUCH 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 or administrative proceeding brought by or against the State, any or a political subdivision or agency of the State, or in a civil action where any party who is contesting state action, unless the prevailing party is the State or any a political subdivision or agency of the State, the court, chief procurement officer, Procurement Review Panel, or other appropriate state officer or agency may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency or losing party if it is found that:

(1) The court finds that the agency or losing party acted without substantial justification in pressing its claim against the prevailing party or the state action; 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. Section 15-77-310 of the 1976 Code is amended to read:

"Section 15-77-310. The prevailing party 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.

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