US HB3041 | 2011-2012 | 112th Congress

Status

Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Introduced on September 23 2011 - 25% progression, died in chamber
Action: 2012-02-03 - Subcommittee Hearings Held.
Text: Latest bill text (Introduced) [PDF]

Summary

Federal Consent Decree Fairness Act - Amends the federal judicial code to authorize any state or local government or related official (or successor) to file a motion to modify or terminate a federal consent decree upon the earliest of: (1) four years after the consent decree is originally entered; (2) in the case of a civil action in which a state or state official, or a local government or local government official, is a party, the expiration date of the term of office of the highest state or local government official who is a party to the consent decree; or (3) a date otherwise provided by law. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that the denial of the motion to modify or terminate a consent decree (or any part of it) is necessary to prevent the violation of a federal requirement that was: (1) actionable by such party, and (2) addressed in the consent decree. Requires a court, within 30 days after the filing of a motion, to enter a scheduling order that: (1) limits the time of the parties to file motions and complete discovery, and (2) sets the date or dates of any necessary hearings. Authorizes a court to stay the injunctive or prospective relief set forth in the consent decree if a party opposing the motion to modify or terminate it seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days after its filing.

Tracking Information

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Title

Federal Consent Decree Fairness Act

Sponsors


History

DateChamberAction
2012-02-03HouseSubcommittee Hearings Held.
2011-10-12HouseReferred to the Subcommittee on Courts, Commercial and Administrative Law.
2011-09-23HouseReferred to the House Committee on the Judiciary.

Subjects


US Congress State Sources


Bill Comments

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