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State Representative Matthew Bierlein has put forward legislative measures aimed at ensuring fairness for individuals and businesses that win lawsuits against the state. The proposed House Bills 6072-73 would mandate courts or presiding officers to award legal costs and fees in specific situations to parties that prevail over the state or a state agency in civil actions.

Bierlein, representing Vassar, emphasized the importance of collaboration between state government departments and residents or business owners. He stated, “Ultimately, state government and its departments should work collaboratively with residents and business owners to address issues instead of resorting to frivolous, costly and time-consuming legal action. Unfortunately, we have seen this far too often.”

The proposed reforms seek to provide relief to those affected by regulatory enforcement actions based on an agency’s interpretation of laws or internal policies. According to Bierlein, “These reforms will provide fair relief to those who find themselves targeted by regulatory enforcement actions based on an agency’s interpretation of laws or internal policies. They make it clear that state government should do its level best to work for the people, instead of rushing to court to get a desired verdict so it can continue imposing its will on the people.”

A similar proposal was introduced during the 2019-20 legislative term following concerns from Michigan residents and businesses about aggressive approaches taken by state agencies in regulatory disputes. These issues were particularly notable during COVID-19-related shutdowns and policy implementations.

Bierlein's current plans aim to broaden eligibility for relief by removing arbitrary caps on cost reimbursement related to net worth or business size. Additionally, they propose eliminating the $75-per-hour limit on attorney fees, allowing recovery of reasonable fees that align with market rates.

“Whether you’re one person or representing 1,000 of your employees, you should be made whole if you prevail in court against the state,” Bierlein asserted. He further explained that these reforms are designed to improve Michigan’s climate for job providers: “That’s the concept of fairness, and I believe these reforms will help improve our climate for job providers who are both in Michigan now and those looking to locate here. This plan provides critical checks and balances for regulatory overreach.”