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HOUSE BILL NO. 447
INTRODUCED BY K. WAGONER
AN ACT ALLOWING A PERSON WHO PREVAILS IN AN ACTION TO ENFORCE THE CONSTITUTIONAL RIGHT TO PARTICIPATE TO BE AWARDED COSTS AND REASONABLE ATTORNEY FEES; AMENDING SECTION 2-3-114, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-3-114, MCA, is amended to read:
"2-3-114. Enforcement. (1) The district courts of the state have jurisdiction to set aside an agency decision under this part upon petition of any person whose rights have been prejudiced. A petition pursuant to this section must be filed within 30 days of the date on which the petitioner person learns, or reasonably should have learned, of the agency's decision.
(2) A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 8, of the Montana constitution may be awarded costs and reasonable attorney fees."
Section 2. Effective date. [This act] is effective on passage and approval.
Section 3. Applicability. [This act] applies to proceedings initiated on or after [the effective date of this act].
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Latest
Version of HB 447 (HB0447.ENR)
Processed for the Web on April 9, 2015 (11:20am)
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Status of this Bill | 2015
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