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AR HB1689

Bill

Status

Failed

4/22/2015

Primary Sponsor

Bob Ballinger

Click for details

Origin

House of Representatives

90th General Assembly (2015 Regular)

AI Summary

  • Amends Arkansas Code § 26-35-902(a) to establish state policy that circuit courts may award attorney's fees in illegal exaction lawsuits brought under Arkansas Constitution, Article 16, § 13.

  • Requires courts to apportion a reasonable part of the total recovery (the "Common Fund") to attorneys of record in cases where counties, cities, or towns are ordered to refund illegally exacted moneys to taxpayers.

  • Specifies that attorney's fee awards shall be apportioned regardless of administrative costs of the refund process or the actual amounts refunded to or claimed by class members.

  • Mandates that the balance of recovered funds be returned or refunded to members of the represented class after attorney's fees are apportioned.

  • Applies only to causes of action that accrue on or after the effective date of the act.

Legislative Description

To Amend The Law Concerning The Award Of Attorney's Fees In Illegal Exaction Lawsuits.

Last Action

Died in Senate at Sine Die adjournment.

4/22/2015

Committee Referrals

Judiciary3/26/2015
Judiciary3/5/2015

Full Bill Text

No bill text available