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AR HB1530

Bill

Official Source

Status

Failed

5/1/2023

Primary Sponsor

John Maddox

Click for details

Origin

House of Representatives

94th General Assembly (2023 Regular)

AI Summary

  • Amends Arkansas Code § 26-35-902 to allow circuit courts to award reasonable attorney's fees to prevailing taxpayers in illegal exaction cases brought under Arkansas Constitution, Article 16, § 13

  • Attorney's fees, when awarded, shall be assessed by the court and collected as costs against the state, county, city, or other governmental entity against which the taxpayer prevailed

  • Specifies that if residual funds remain after a reasonable period for filing claims expires in an illegal exaction case, those funds shall be deemed abandoned and escheat to the governmental entity that exacted the funds

  • Changes language to clarify that residual funds escheat to "the state, county, city, or other governmental entity that exacted same" rather than limiting to specific entity types

Legislative Description

To Allow For The Award Of Attorney's Fees In Illegal Exaction Cases; And To Clarify The Disposition Of Residual Funds In Illegal Exaction Cases.

Last Action

Died in House Committee at Sine Die Adjournment

5/1/2023

Committee Referrals

Judiciary3/2/2023

Full Bill Text

No bill text available