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 declare a rule or guidance document invalid. The bill also makes amendments to sections 20.865 (1) (a), (g), and (q) to include costs associated with challenges to the validity of rules under specific statutes.

In addition to the new provisions regarding attorney fees, the bill clarifies that if an agency is ordered to pay costs, these costs will be covered by the applicable appropriations outlined in the amended sections. The changes are intended 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