2017 Senate Bill 101 ↩

House Roll Call 840: Passed

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.