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MO SB604

Bill

Status

Introduced

1/4/2012

Primary Sponsor

Timothy Green

Click for details

Origin

Senate

2012 Regular Session

AI Summary

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

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

  • Courts or agencies may reduce or deny fee awards if the prevailing party engaged in conduct that unreasonably protracted the proceedings.

  • State agencies are prohibited from requesting or receiving additional appropriations to pay fee awards; instead, agencies must forward awarded amounts to the chairs of the house budget committee and senate appropriations committee within 30 days of judgment becoming final.

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

1/26/2012

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence1/26/2012

Full Bill Text

No bill text available