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MO SB272

Bill

Status

Introduced

2/14/2011

Primary Sponsor

Timothy Green

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Prevailing parties in agency proceedings or civil actions against the state may be awarded reasonable attorney fees and expenses unless the state's position was substantially justified or special circumstances make an award unjust.

  • Parties must submit fee applications within 30 days of final disposition, including itemized statements of time expended and rates charged by attorneys and expert witnesses.

  • Courts or agencies may reduce or deny awards if the prevailing party's conduct unduly and unreasonably protracted the proceedings.

  • State agencies are prohibited from requesting or receiving additional appropriations to pay attorney fee awards made under this section.

  • Within 30 days of a judgment awarding fees becoming final, the agency must forward the awarded amount to the chairs of the House Budget Committee and Senate Appropriations Committee.

Legislative Description

Prohibits a state agency from requesting an additional appropriation of state moneys to satisfy an award of attorney fees and other expenses

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

2/17/2011

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence2/17/2011

Full Bill Text

No bill text available