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Bill > SB290


MO SB290

Modifies the provision regarding the exclusion of attorney's fees for prevailing parties in agency proceedings


summary

Introduced
01/08/2025
In Committee
02/13/2025
Crossed Over
Passed
Dead
05/16/2025

Introduced Session

2025 Regular Session

Bill Summary

Modifies the provision regarding the exclusion of attorney's fees for prevailing parties in agency proceedings

AI Summary

This bill modifies existing Missouri law regarding attorney's fees in administrative agency proceedings by updating definitions and removing a previous cap on hourly attorney fees. The bill defines an "agency proceeding" as an adversarial contested case where the state is represented by counsel, excluding specific types of proceedings like child custody, eminent domain, and tax commission hearings. It clarifies who can be considered a "party" in such proceedings, primarily focusing on individuals or businesses with a net worth under $7 million and fewer than 500 employees. The bill defines "prevailing" as obtaining a favorable order or decision and specifies that "reasonable fees and expenses" include expert witness costs, study expenses, and attorney fees. Notably, the bill removes the previous restriction that limited attorney fees to $75 per hour unless a special justification was provided, which gives more flexibility in determining appropriate compensation for legal services in agency proceedings.

Committee Categories

Justice

Sponsors (1)

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee (on 02/13/2025)

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