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MI HB6073

Bill

Status

Introduced

11/12/2024

Primary Sponsor

Matthew Bierlein

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Origin

House of Representatives

102nd Legislature

AI Summary

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

  • Changes cost and fee awards against the state from mandatory to discretionary, requiring either stipulation of the parties or a motion, unless the state's position was substantially justifiable.

  • Creates exceptions where cost and fee awards require a finding that the state's position was frivolous (rather than merely non-justifiable) for actions involving illegal gambling with liquor licensees, child abuse registry cases, child support cases, and license suspension actions.

  • Eliminates the $75 per hour attorney fee cap and instead requires courts to award reasonable attorney fees based on prevailing market rates and applicable supreme court precedent.

  • Takes effect 90 days after enactment and is contingent on enactment of HB 6072 or Senate Bill No. ____.

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: HB 6072'24

State: other

Last Action

Bill Electronically Reproduced 11/13/2024

11/13/2024

Committee Referrals

Government Operations11/12/2024

Full Bill Text

No bill text available