Senate Bill 276 aims to amend several sections of the Wisconsin statutes regarding the challenges to 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. Additionally, the bill modifies sections 20.865 (1) (a), (g), and (q) to include specific references to costs associated with judicial proceedings related to administrative rules.
The bill emphasizes the financial implications of challenging administrative rules by ensuring that parties who successfully contest a rule are compensated for their legal expenses. The amendments also clarify that any costs awarded to a party will be drawn from the appropriate appropriations as specified in the amended sections. The act is set to apply to actions for declaratory judgment that commence on or after 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