2019 Senate Bill 245

Revise “cost and fees” claims in lawsuits against state

Introduced in the Senate

March 21, 2019

Introduced by Sen. Ed McBroom (R-38)

To revise certain restrictions on a person who successfully sues the state and who seeks to recover “costs and fees” in addition to any court-ordered damage awards, with some exceptions. The bill would prohibit awarding costs and fees if the state provides clear and convincing evidence that an agency's position was justifiable. The bill would also replace a dollar amount cap on attorney fees that could be awarded with a "reasonable" amount standard; see also Senate Bill 246.

Referred to the Committee on Oversight

March 4, 2020

Reported without amendment

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

March 12, 2020

Passed in the Senate 23 to 15

Received in the House

March 12, 2020

Referred to the Committee on Judiciary