Bill > SB276

This bill amends a state statute concerning challenges to the validity of administrative rules, which are regulations created by government agencies. Specifically, it modifies Section 227.40(4)(a) of the statutes to state that if a court finds an administrative rule or guidance document (an official interpretation or recommendation from an agency) to be invalid because it violates constitutional provisions, exceeds an agency's legal authority, or was not created following proper procedures, the court *shall* award reasonable attorney fees and costs to the party challenging the rule. This means that if someone successfully argues a rule is invalid, they can recover their legal expenses, even if the general statute (s. 814.04 (1)) would normally limit such awards. The bill also clarifies that if the challenge is part of a specific type of judicial proceeding already outlined in the statute (sub. (2)), the awarded attorney fees and costs will be limited to those directly related to the challenge of the rule's validity, as determined by the court. The bill's provisions will apply to legal actions started on or after the date this act becomes effective.

Budget and Finance, Government Affairs

https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb276