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2017 Senate Bill 101: Ease certain lawsuits against the state restrictions
Introduced by Sen. David Robertson (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 also remove a cap on attorney fees that may be reimbursed.   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
Without amendment and with the recommendation that the bill pass.
Passed 99 to 10 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 also remove a cap on attorney fees that may be reimbursed. Late additions to the bill revise Administrative Procedures Act contested case procedures, and exclude Parole Board hearings from provisions of the APA.
Vetoed by Gov. Rick Snyder on December 28, 2018

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