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 also remove a cap on attorney fees that may be reimbursed.
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
Without amendment and with the recommendation that the bill pass.
Passed in the House 99 to 10 (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 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.
