Washington State

House of Representatives

Office of Program Research

Government Reform and  Land Use Committee

BILL ANALYSIS

2SSB 5084

Title of the Bill: An act relating to attorneys' fees, costs, and expenses awarded against the state.

What this Bill Does: Expands who may receive an award of attorneys' fees and costs in a judicial review of an agency action, and raises the cap on the award.

Sponsors:  Senate Committee on Ways & Means (originally sponsored by Senators Roach, Schow, Benton, Swecker, Zarelli, Morton, Hochstatter, Johnson, McCaslin, Winsley, Stevens and Oke).

Hearing Date: 2/18/98

Fiscal Note: Available.

Analysis Prepared By:  Joan Elgee, 786-7135

BACKGROUND:

As part of 1995 regulatory reform legislation (ESHB 1010), the Legislature enacted the Equal Access to Justice Act.  The act generally requires an award of attorneys' fees and expenses, not exceeding $25,000, to qualified parties that prevail in a judicial review of an agency action.

A qualified party is : a) an individual whose net worth does not exceed $1 million; or b) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth does not exceed $5 million. 

SUMMARY:

The $25,000 cap on attorneys' fees and other expenses awarded to a prevailing party in a successful challenge of an agency action is raised to $50,000. Language is added to clarify that the fees and expenses are those incurred in the judicial review.

The net worth limits for a party to be qualified to receive an award of fees and costs are raised. A qualified party is: a) an individual who net worth does not exceed $2 million; and b) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth does not exceed $7 million.

The Office of Financial Management must report annually to the Legislature on the amount of fees and other expenses awarded.