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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 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.
Passed 32 to 3 in the Senate on September 14, 2017.
    See Who Voted "Yes" and Who Voted "No".
(same description)
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.
Received in the House on September 14, 2017
Referred to the House Judiciary Committee on September 14, 2017

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