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HCM 2013

equal access; justice; act; repeal

57th Legislature - First Regular Session Introduced by Gail Griffin

Arizona urges Congress to repeal or majorly reform the Equal Access to Justice Act (EAJA) to curb excessive attorney-fee awards to nonprofits against the federal government.

FAILED
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Bill Summary · HCM 2013

Summary of HCM 2013 (Arizona)

Overview

HCM 2013 is a concurrent memorial introduced in the Arizona House of Representatives on February 12, 2025 by Representative Gail Griffin. As a concurrent memorial, it expresses the State of Arizona’s position to the federal government but does not enact state law. The memorial asks Congress to repeal or substantially amend the Equal Access to Justice Act (EAJA).

Purpose and Intent

  • The memorial states that EAJA, enacted in 1980, allows certain prevailing parties against the federal government to receive attorney fees and other expenses when the government’s position is not substantially justified.
  • It notes the government bears the burden to prove substantial justification and cites EAJA’s purported purpose to reduce the deterrent effect of litigation against government actions.
  • Arizona’s memorial reflects concern that EAJA has evolved into a tool benefiting large, well-funded nonprofit groups (especially environmental organizations) to sue the federal government, sometimes with fees exceeding actual costs.

Key Provisions and Requests

While HCM 2013 is a memorial (not a bill with operative law), it contains explicit requests to Congress:
1. Repeal EAJA entirely or substantially amend it.
2. Close loopholes that enable exorbitant fees to be awarded.
3. Enact an eligibility cap on the net worth of tax-exempt nonprofit entities.
4. Establish a total award cap for a single EAJA case.
5. Direct the Secretary of State of Arizona to transmit this memorial to the President of the U.S. Senate, the Speaker of the U.S. House, and every Arizona member of Congress.

Background and Rationale (as presented in the memorial)

  • In fiscal year 2023, federal agencies reportedly paid more than $115 million in EAJA awards.
  • Eligibility thresholds cited in the memorial include: individuals with net worth up to $2 million; businesses with net worth up to $7 million and no more than 500 employees; tax-exempt organizations with no net-worth cap.
  • The memorial asserts nonprofit groups can recover substantial fees even when outcomes are limited or settlements occur, and that nonprofits may evade caps on fees.

Impact andscope

  • Legal Effect: Nonbinding; does not change Arizona law or create new rights or obligations.
  • Policy Impact: Signals Arizona’s stance and positions to federal lawmakers, urging federal action to reform or repeal EAJA.
  • Procedural Status: Introduced February 12, 2025; read in the House on February 12–13, 2025; status recorded as FAILED on February 19, 2025. The primary sponsor is Rep. Gail Griffin.

Procedural Timeline

  • Introduced: February 12, 2025
  • House First Reading: February 12, 2025
  • House Second Reading: February 13, 2025
  • Status: FAILED on February 19, 2025

Sponsor

  • Primary: Representative Gail Griffin

Note

As a concurrent memorial, HCM 2013 expresses a state-level request to Congress and does not alter Arizona statutes or create enforceable state requirements.

Compiled from official sources — confirm details with the bill’s official record.

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