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 CommitteeView additional legislative information at the LPITS web site.
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.