Missouri Senate Bill SB992

Missouri 2022 Regular Session

• Introduced: 1/5/22
• Refer: 2/24/22

Caption

Creates provisions relating to attorney's fees for certain civil actions brought against political subdivisions

Impact

The passing of SB992 is expected to have significant implications on how civil actions against political subdivisions are handled in Missouri. By ensuring that attorney's fees and expenses are covered when a school district or political subdivision prevails, the bill encourages these entities to defend themselves against potentially frivolous lawsuits without the fear of incurring prohibitive legal costs. This could lead to a greater willingness to contest actions brought by the attorney general, thus potentially reducing the power imbalance between government entities and the state.

Summary

Senate Bill 992 aims to amend Chapter 27 of the Revised Statutes of Missouri by introducing new provisions related to attorney's fees for certain civil actions initiated by the attorney general against political subdivisions, which includes school districts. The legislation stipulates that if a civil action brought by the attorney general is resolved in favor of the political subdivision or school district, the court is required to award attorney's fees, court costs, and other expenses incurred during the defense. This provision is intended to alleviate financial burdens on these entities when they successfully defend against such actions.

Contention

However, the bill may not be without controversy. Critics may argue that it could embolden political subdivisions to engage in litigation against the attorney general's office, potentially complicating legal proceedings and straining public resources. The clear delineation of financial responsibility also raises questions about whether this might inadvertently encourage frivolous defenses against legitimate actions, as political subdivisions might feel less pressured to settle lawsuits early due to the assurance of coverage for legal expenses. Overall, the balance of interests between protecting taxpayer dollars and ensuring accountability within local government will be a critical point of discussion.