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S1333................................................by JUDICIARY AND RULES
JUDICIAL PROCEEDINGS - Amends existing law to revise procedures when a
court may award attorney's fees to a prevailing party in an administrative
or civil judicial proceeding.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Crow
Floor Sponsor - Bunderson
Title apvd - to House
02/22 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 61-1-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Callister, Campbell, Cheirrett, Clark, Crow, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones),
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
Wood, Zimmermann
NAYS -- Stoicheff
Absent and excused -- Bruneel, Chase, Cuddy, Judd, Loertscher, Mader,
Taylor, Mr Speaker
Floor Sponsor - Sellman
Title apvd - to Senate
03/31 To enrol
04/03 Rpt enrol - Pres signed - Sp signed
04/04 To Governor
04/12 Governor signed
Session Law Chapter 241
Effective: 07/01/00
(Applies to all civil & asministrative actions filed on or after
effective date)
S1333
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1333
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ATTORNEY'S FEES AWARDED IN ADMINISTRATIVE OR CIVIL JUDICIAL PRO-
3 CEEDINGS; AMENDING SECTION 12-117, IDAHO CODE, TO REVISE PROCEDURES WHEN A
4 COURT MAY AWARD ATTORNEY'S FEES TO A PREVAILING PARTY IN AN ADMINISTRATIVE
5 OR CIVIL JUDICIAL PROCEEDING AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING
6 AN EFFECTIVE DATE AND PROVIDING APPLICATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 12-117, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 12-117. ATTORNEY'S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN
11 INSTANCES. (1) Unless otherwise provided by statute, iIn any administrative or
12 civil judicial proceeding involving as adverse parties a state agency, a city,
13 a county or other taxing district and a person, the court shall award the per-
14 son prevailing party reasonable attorney's fees, witness fees and reasonable
15 expenses, if the court finds in favor of the person and also finds that the
16 state agency, the city, the county or the taxing district that the party
17 against whom the judgment is rendered acted without a reasonable basis in fact
18 or law.
19 (2) If the person prevailing party is awarded a partial judgment and the
20 court finds the state agency, the city, the county or the taxing district
21 party against whom partial judgment is rendered acted without a reasonable
22 basis in fact or law, the court shall allow the person prevailing party's
23 attorney's fees, witness fees and expenses in an amount which reflects the
24 person's partial recovery.
25 (3) Expenses awarded under against a state agency, city, county or other
26 taxing district pursuant to this section shall be paid from funds in the regu-
27 lar operating budget of the state agency, the city, the county or the taxing
28 district. If sufficient funds are not available in the budget of the state
29 agency, the expenses shall be considered a claim governed by the provisions of
30 section 67-2018, Idaho Code. If sufficient funds are not available in the bud-
31 get of the city, county or taxing district, the expenses shall be considered a
32 claim pursuant to chapter 9, title 6, Idaho Code. Every state agency, city,
33 county or taxing district against which litigation expenses have been awarded
34 under this act shall, at the time of submission of its proposed budget, submit
35 a report to the governmental body which appropriates its funds in which the
36 amount of expenses awarded and paid under this act during the fiscal year is
37 stated.
38 (4) For the purposes of this section:
39 (a) "Person" shall mean any individual, partnership, corporation, associ-
40 ation or any other private organization;
41 (b) "State agency" shall mean any agency as defined in section 67-5201,
42 Idaho Code.
43 (5) If the amount pleaded in an action by a person is twenty-five two
2
1 thousand five hundred dollars ($2,500) or less, the person must satisfy the
2 requirements of section 12-120, Idaho Code, as well as the requirements of
3 this section before he or she may recover attorney's fees, witness fees or
4 expenses pursuant to this section.
5 SECTION 2. This act shall be in full force and effect on and after July
6 1, 2000, and shall apply to all administrative or civil actions filed on and
7 after the effective date of this act.
STATEMENT OF PURPOSE
RS 09456
Idaho law presently allows for the recovery of attorney fees
against public agencies incases where the public agency
frivolously pursues or defends the administrative action or
civil judicial proceeding. There is no general provision
for an award of attorney fees in favor of the public agency
where the other party to the action frivolously pursues or
defends the administrative or civil action. This legislation
amends Idaho Code 12-117 to provide that attorney fees may
be awarded to state agencies as well as to other public
entities where the public entity is the prevailing party
and where the party against whom the judgment is rendered
has acted without a reasonable basis in fact or law.
FISCAL NOTE
This legislation creates no negative impact on the state's
general fund. By discouraging frivolous actions and allowing
for an award of attorney fees in favor of public agencies
where actions have been brought or defended frivolously the
legislation may have a positive fiscal effect.
CONTACT: William A. von Tagen,
Office of Attorney General
Phone: 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE S1333