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MI SB0100

Bill

Status

Vetoed

12/31/2018

Primary Sponsor

Thomas Casperson

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Origin

Senate

99th Legislature

AI Summary

  • Allows prevailing parties to recover costs and fees from the State of Michigan in civil actions unless the State demonstrates by clear and convincing evidence that its position was substantially justifiable.

  • Establishes a higher standard for cost and fee awards in certain actions (tax disputes, liquor licensing, child welfare, license suspension cases) by requiring the court to find the State's position was frivolous based on specific criteria.

  • Requires the State to pay awarded costs and fees through the agency or department that was defeated in the action, and mandates annual reporting to the legislature on the amount and nature of such awards.

  • Adds protections for Michigan electric cooperatives in easement disputes by establishing a rebuttable presumption against unreasonable property burden increases and capping damages at $3.00 per linear foot when broadband fiber infrastructure is installed on existing easements.

  • Updates foreclosure notice requirements to include specific language about debt collection, assistance programs for homeowners in financial distress, and warnings about title ownership implications of foreclosure sales.

Legislative Description

Civil procedure; costs and fees; recovery of costs and fees in an action involving this state; remove certain restrictions. Amends secs. 2421b, 2421c, 2421d & 2421e of 1961 PA 236 (MCL 600.2421b et seq.). TIE BAR WITH: SB 0101'17

State: other

Last Action

Vetoed By Governor 12/28/2018 12/31/18 Addenda

12/31/2018

Committee Referrals

Judiciary9/14/2017
Elections And Government Reform2/2/2017

Full Bill Text

No bill text available