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2016 SESSION
SB 746 Recovery of attorney fees from agency; actions brought in violation of law or for improper purpose.
Introduced by: Frank W. Wagner | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Recovery of costs and attorney fees from agency; actions brought in violation of law or for an improper purpose. Provides that a person who contests an agency action in a civil case brought under the Administrative Process Act and who substantially prevails on the merits of the case is entitled to recover reasonable costs and attorney fees from that agency if the agency action was in violation of law or was for an improper purpose. Under current law, such person is entitled to recover reasonable costs and attorney fees if the agency's position is not substantially justified, and the award of attorney fees is limited to $25,000.
FULL TEXT
- 01/22/16 Senate: Presented and ordered printed 16104254D pdf | impact statements
- 02/08/16 Senate: Committee substitute printed 16105331D-S1 pdf | impact statement
- 03/02/16 House: Committee substitute printed 16105674D-H1 pdf | impact statement
- 03/10/16 Senate: Bill text as passed Senate and House (SB746ER) pdf | impact statement
- 04/01/16 Governor: Acts of Assembly Chapter text (CHAP0625) pdf
HISTORY
- 01/22/16 Senate: Presented and ordered printed 16104254D
- 01/22/16 Senate: Referred to Committee for Courts of Justice
- 02/08/16 Senate: Reported from Courts of Justice with substitute (14-Y 1-N)
- 02/08/16 Senate: Committee substitute printed 16105331D-S1
- 02/09/16 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/10/16 Senate: Read second time
- 02/10/16 Senate: Reading of substitute waived
- 02/10/16 Senate: Committee substitute agreed to 16105331D-S1
- 02/10/16 Senate: Engrossed by Senate - committee substitute SB746S1
- 02/11/16 Senate: Previous question ordered (23-Y 15-N 1-A)
- 02/11/16 Senate: Read third time and passed Senate (24-Y 16-N)
- 02/15/16 House: Placed on Calendar
- 02/15/16 House: Read first time
- 02/15/16 House: Referred to Committee for Courts of Justice
- 02/16/16 House: Assigned Courts sub: Civil Law
- 02/22/16 House: Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
- 03/02/16 House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 03/02/16 House: Committee substitute printed 16105674D-H1
- 03/04/16 House: Read second time
- 03/07/16 House: Read third time
- 03/07/16 House: Committee substitute agreed to 16105674D-H1
- 03/07/16 House: Engrossed by House - committee substitute SB746H1
- 03/07/16 House: Passed House with substitute BLOCK VOTES (96-Y 0-N)
- 03/07/16 House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
- 03/08/16 Senate: House substitute agreed to by Senate (37-Y 3-N)
- 03/08/16 Senate: Title replaced 16105674D-H1
- 03/10/16 Senate: Enrolled
- 03/10/16 Senate: Bill text as passed Senate and House (SB746ER)
- 03/10/16 House: Signed by Speaker
- 03/10/16 Senate: Signed by President
- 03/11/16 Senate: Enrolled Bill Communicated to Governor on 3/11/16
- 03/11/16 Governor: Governor's Action Deadline Midnight, Sunday, April 10, 2016
- 04/01/16 Governor: Approved by Governor-Chapter 625 (effective 7/1/16)
- 04/01/16 Governor: Acts of Assembly Chapter text (CHAP0625)