Sec. 1. 14 MRSA §1502-B, sub-§§4 and 5, as enacted by PL 1985, c. 384, §4, are amended to read:

4. Travel expenses. Reasonable expenses of travel within the State to the place of trial for the prevailing party or his the prevailing party's attorney of record, as provided by rule of the Supreme Judicial Court, or as directed by court, in the absence of that rule; and

5. Other costs. Such other costs as the Supreme Judicial Court may direct by rule.; and

Sec. 2. 14 MRSA §1502-B, sub-§6 is enacted to read:

6.__Attorney's fees.__The reasonable attorney's fees incurred by the prevailing party in prosecuting or defending the action.

A.__Attorney's fees under this subsection must be paid by the nonprevailing party but may not exceed the amount of the attorney's fees of the nonprevailing party with regard to that position or claim.

B.__If the nonprevailing party receives services under a contingent fee agreement, the amount of attorney's fees under this paragraph may not exceed the reasonable value of those services.

C.__In order to receive attorney's fees under this subsection, the attorney of record for the prevailing party must maintain accurate, complete records of hours worked on the matter regardless of the fee arrangement with the prevailing party.

D.__As used in this subsection, the term "prevailing party" means a party to an action who obtains a favorable final judgment, other than by settlement and exclusive of interest, on all or a portion of the claims asserted in the action.

E.__The court may, in its discretion, limit the fees recovered under this subsection to the extent that the court finds special circumstances that make payment of those fees unjust.

F.__This subsection does not apply to any action in which the State or any of its officers or agencies are parties.