State Rep. Matthew Bierlein has introduced commonsense plans that provide fairness for individuals and hardworking business owners who prevail in lawsuits against the state.

House Bills 6072-73 require courts, in the case of civil actions, or presiding officers in contested cases, to award legal costs and fees in certain circumstances to a prevailing party against the state or a state agency.

“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,” said Bierlein, of Vassar. “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 previously introduced during the 2019-20 legislative term to address concerns from residents and businesses across Michigan regarding the burdensome and adversarial approach state agencies sometimes take in regulatory disputes. These situations notably spiked with government-ordered shutdowns and other policies during COVID-19.

Bierlein’s plans broaden who could qualify for relief by eliminating arbitrary provisions that currently cap cost reimbursement based on net worth or the number of people a business owner employs. The bills also remove the $75-per-hour limit on attorney fees to allow for the recovery of reasonable fees that reflect actual 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 said. “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.”