Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1530
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 5   By: Representative Maddox
 6   By: Senator J. Boyd
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 8                                     For An Act To Be Entitled
 9                  AN ACT TO AMEND THE LAW CONCERNING ILLEGAL EXACTION
10                  CASES; TO ALLOW FOR THE AWARD OF ATTORNEY'S FEES IN
11                  ILLEGAL EXACTION CASES; TO CLARIFY THE DISPOSITION OF
12                  RESIDUAL FUNDS IN ILLEGAL EXACTION CASES; AND FOR
13                  OTHER PURPOSES.
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16                                                 Subtitle
17                           TO ALLOW FOR THE AWARD OF ATTORNEY'S FEES
18                           IN ILLEGAL EXACTION CASES; AND TO CLARIFY
19                           THE DISPOSITION OF RESIDUAL FUNDS IN
20                           ILLEGAL EXACTION CASES.
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23   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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25          SECTION 1.       Arkansas Code § 26-35-902 is amended to read as follows:
26          26-35-902.       Award of attorney's fees in illegal exaction cases —
27   Disposition of residual funds.
28          (a)    It is the public policy of this state that circuit courts may, in
29   meritorious litigation brought under Arkansas Constitution, Article 16, § 13,
30   in which the circuit court orders any county, city, or town to refund or
31   return to taxpayers moneys illegally exacted by the county, city, or town,
32   apportion a reasonable part of the recovery of the class members to attorneys
33   of record and order the return or refund of the balance to the members of the
34   class represented award the prevailing taxpayer reasonable attorney's fees,
35   which, if awarded, shall be assessed by the court and collected as costs
36   against the state, county, city, or other governmental entity against which
     *JLL182*                                                                  03/02/2023 9:00:58 AM JLL182
                                                                               HB1530
 1   the taxpayer prevailed.
 2           (b)   If a circuit court orders repayment of moneys to claimants in
 3   litigation brought under Arkansas Constitution, Article 16, § 13, and, after
 4   expiration of a reasonable period of time for the filing of claims for the
 5   illegally exacted moneys as ordered by the circuit court, residual funds
 6   exist, said residual funds shall be deemed abandoned and escheat to the
 7   state, county, city, or town which other governmental entity that exacted
 8   same.
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