SB-0189 Summary

• Removes net worth and employee thresholds that previously excluded wealthy individuals and large businesses from the definition of "party" eligible to recover costs and fees in civil actions against the state.

• Allows prevailing parties in civil actions against the state to recover reasonable costs and attorney fees unless the state demonstrates by clear and convincing evidence that its position was substantially justifiable.

• Creates stricter standards for three specific action types (illegal gambling/liquor license cases, child abuse/neglect registry cases, and summary license suspension cases), requiring courts to find the state's position was frivolous before awarding costs and fees.

• Requires the prevailing party to establish eligibility for costs and fees awards through motion, providing itemized statements and proof the state caused the costs to be incurred.

• Specifies the bill takes effect 90 days after enactment and is contingent on Senate Bills 190 and 886 also being enacted into law.