2017 Senate Bill 101

Ease certain lawsuits against the state restrictions

Introduced in the Senate

Feb. 2, 2017

Introduced by Sen. David Robertson (R-14)

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

Feb. 28, 2017

Reported without amendment

With the recommendation that the bill pass.

Sept. 14, 2017

Passed in the Senate 32 to 3 (details)

Received in the House

Sept. 14, 2017

Referred to the Committee on Judiciary

Nov. 27, 2018

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Dec. 13, 2018

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.

Vetoed by Gov. Rick Snyder

Dec. 28, 2018