Bill > SB276

This bill modifies Wisconsin statutes regarding challenges to administrative rules by requiring courts to award reasonable attorney fees and costs to parties who successfully challenge the validity of a rule or guidance document. Specifically, the bill amends section 227.40 to mandate that if a court finds a rule or guidance document unconstitutional, beyond an agency's statutory authority, or improperly adopted, the court must award attorney fees and costs to the challenging party. These costs would be paid from existing state appropriations (under sections 20.865(1)(a), (g), or (q)), which cover judgments and legal expenses. The bill applies to judicial review proceedings where a rule or guidance document's validity is challenged, with attorney fees limited to costs directly associated with the challenge. This change aims to provide a financial incentive for holding administrative agencies accountable and ensuring they create rules within their legal boundaries. The bill will first apply to declaratory judgment actions commenced on its effective date, potentially making it easier and more financially feasible for individuals or organizations to challenge administrative rules they believe are improper.

Government Affairs

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