HB 209 Summary

• Amends Idaho Code Section 12-117 to allow courts to award reasonable attorney's fees, witness fees, and expenses to the prevailing party in proceedings against state agencies or political subdivisions when the nonprevailing party acted without reasonable basis in fact or law

• Prohibits awards of attorney's fees and expenses to state agencies or political subdivisions in matters involving professional licenses or civil fines and penalties

• Allows partial prevailing parties to recover attorney's fees, witness fees, and expenses for the portion of the case they won if the nonprevailing party lacked reasonable basis on that portion

• Adds new provisions requiring courts to award attorney's fees and expenses to the prevailing party in civil judicial proceedings between governmental entities

• Revises definitions of "person," "political subdivision," and "state agency," and increases the dollar threshold from $2,500 to $25,000 for actions where claimants must also satisfy requirements of Section 12-120

• Declares the act an emergency measure effective upon passage and approval