S.489 - Federal Consent Decree Fairness Act109th Congress (2005-2006)
|Sponsor:||Sen. Alexander, Lamar [R-TN] (Introduced 03/01/2005)|
|Committees:||Senate - Judiciary|
|Latest Action:||07/19/2005 Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-181. (All Actions)|
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Summary: S.489 — 109th Congress (2005-2006)All Information (Except Text)
Introduced in Senate (03/01/2005)
Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree.
Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right.
Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing.
Addresses compensation and termination of special masters overseeing consent decrees.
Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.