Introduced
by
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
Reported without amendment
With the recommendation that the bill pass.
Passed in the Senate 32 to 3 (details)
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Substitute offered
by
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
To include provisions related to child support and establishment of paternity.
The amendment passed by voice vote
Amendment offered
by
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.
Passed in the Senate 28 to 10
