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2017 Senate Bill 100: Ease restrictions on cost and fee awards in lawsuits against the state
Introduced by Sen. Tom Casperson (R) on February 2, 2017
To remove certain restrictions on a person who successfully sues the state also collecting “costs and fees” in addition to any court-ordered damage awards, with some exceptions. Under current law, the winning plaintiff must prove a state agency's position was "frivolous" to collect costs and fees. The bill would instead require the state provide clear and convincing evidence that its position was justifiable. It would eliminate a provision that than prohibits these damage awards if the plaintiff's net worth exceeds $500,000, own a business worth more than $3.0 million, or employs more than 250 people.   Official Text and Analysis.
Referred to the Senate Elections and Government Reform Committee on February 2, 2017
Reported in the Senate on February 28, 2017
With the recommendation that the bill pass.
Received in the House on September 14, 2017
Referred to the House Judiciary Committee on September 14, 2017
Reported in the House on November 27, 2018
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Substitute offered by Rep. Triston Cole (R) on December 13, 2018
To adopt a version of the bill that also includes matters unrelated to the original bill, dealing with conflicts involving electric utility cooperatives, foreclosing mortgages "by advertisement" and more.
The substitute passed by voice vote in the House on December 13, 2018
Amendment offered by Rep. Triston Cole (R) on December 13, 2018
To include provisions related to child support and establishment of paternity.
The amendment passed by voice vote in the House on December 13, 2018
Amendment offered by Rep. Triston Cole (R) on December 13, 2018
To revise references in provisions dealing with mortgage foreclosures.
The amendment passed by voice vote in the House on December 13, 2018
Passed 92 to 17 in the House on December 13, 2018.
    See Who Voted "Yes" and Who Voted "No".
To remove certain restrictions on a person who successfully sues the state also collecting “costs and fees” in addition to any court-ordered damage awards, with some exceptions. Under current law, the winning plaintiff must prove a state agency's position was "frivolous" to collect costs and fees. The bill would instead require the state provide clear and convincing evidence that its position was justifiable. It would eliminate a provision that than prohibits these damage awards if the plaintiff's net worth exceeds $500,000, own a business worth more than $3.0 million, or employs more than 250 people. The House added other unrelated provisions dealing with conflicts involving electric utility cooperatives, foreclosing mortgages "by advertisement" and more.
Received in the Senate on December 19, 2018
Vetoed by Gov. Rick Snyder on December 28, 2018

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