BIL:3383
TYP:General Bill GB
INB:House
IND:19970205
PSP:Robinson
SPO:Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck
DDN:egm\18534sd.97
RBY:Senate
LAD:19970424
SUB:Attorneys fees, award of in administrative proceedings by state, county, etc; Courts, Torts
HST:3383
BodyDateAction DescriptionComLeg Involved
______
Senate19980602Polled out of Committee:11 SJ
Favorable with amendment
Senate19970430Introduced, read first time,11 SJ
referred to Committee
House19970429Objection withdrawn by RepresentativeMcMahand
House19970429Objection withdrawn by RepresentativeScott
Neal
House19970429Read third time, sent to Senate
House19970424Read second time
House19970424Objection by RepresentativeF. Smith
Neal
Scott
McMahand
House19970424Amended
House19970417Committee report: Favorable with25 HJ
amendment
House19970205Introduced, read first time,25 HJ
referred to Committee
TXT:
[3383-1 ]
Indicates Matter Stricken
Indicates New Matter
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
June 2, 1998
H. 3383
Introduced by Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck
S. Printed 6/2/98--S.
Read the first time April 30, 1997.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3383), to amend Section 15-77-300, Code of Laws of South Carolina, 1976, relating to attorney's fees in state initiated actions, etc., respectfully
REPORT:
Has polled the Bill out majority favorable with amendment, to wit:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION1.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, anya political subdivision or agency of the State, or any party who is contesting state action, unless the prevailing party is the State or anya 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 if it is found that:
(1)The court finds that the State or a political subdivision or agency of the State 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 title to conform.
[3383-1 ]
A BILL
TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.Section 15-77-300of the 1976 Code is amended to read:
“Section 15-77-300.In any civil action or administrative proceeding brought by or against the State, anya political subdivision or agency of the State, or any party who is contesting state action, unless the prevailing party is the State or anya 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.”
SECTION2.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.”
SECTION3.This act takes effect upon approval by the Governor.
-----XX-----
[3383-1 ]