2017 Senate Bill 100

Ease restrictions on cost and fee awards in lawsuits against the state

Introduced in the Senate

Feb. 2, 2017

Introduced by Sen. Tom Casperson (R-38)

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.

Referred to the Committee on Elections and Government Reform

Feb. 28, 2017

Reported without amendment

With the recommendation that the bill pass.

Sept. 14, 2017

Passed in the Senate 32 to 3 (details)

Received in the House

Sept. 14, 2017

Referred to the Committee on Judiciary

Nov. 27, 2018

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 13, 2018

Substitute offered by Rep. Triston Cole (R-105)

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

Amendment offered by Rep. Triston Cole (R-105)

To include provisions related to child support and establishment of paternity.

The amendment passed by voice vote

Amendment offered by Rep. Triston Cole (R-105)

To revise references in provisions dealing with mortgage foreclosures.

The amendment passed by voice vote

Passed in the House 92 to 17 (details)

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

Dec. 19, 2018

Passed in the Senate 28 to 10

Vetoed by Gov. Rick Snyder

Dec. 28, 2018