Senate Bill 276 aims to amend several sections of the Wisconsin statutes related to the challenges of the validity of administrative rules. The bill stipulates that if a court declares an administrative rule invalid, it must award reasonable attorney fees and costs to the party asserting the invalidity. This provision is included in the amendment to section 227.40 (4) (a), which outlines the conditions under which a court can invalidate a rule or guidance document. The bill also makes amendments to sections 20.865 (1) (a), (g), and (q) to include specific references to costs associated with judicial proceedings related to administrative rules.

In addition to the new provisions regarding attorney fees, the bill clarifies the funding sources for legal expenses related to judgments and settlements, ensuring that these costs are covered from appropriate program revenue and segregated funds. The changes are designed to enhance the accountability of administrative rules and provide a financial incentive for parties to challenge potentially invalid regulations. The act will first apply to actions for declaratory judgment that are commenced on its effective date.

Statutes affected:
Bill Text: 20.865(1)(a), 20.865, 20.865(1)(g), 20.865(1)(q), 227.40(4)(a), 227.40