Assembly Bill 275 aims to amend several sections of the Wisconsin statutes related to the challenges of the validity of administrative rules and the associated legal expenses. 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 amendments to section 227.40 (4) (a), which outlines the conditions under which a rule or guidance document can be declared invalid.

Additionally, the bill modifies sections 20.865 (1) (a), (g), and (q) to include specific references to costs associated with challenges to administrative rules, ensuring that legal expenses related to these challenges are covered under the appropriate appropriations. The changes emphasize the financial responsibilities of the state in cases where rules are found to be unconstitutional or improperly enacted, thereby enhancing accountability in the administrative rule-making process. The act is set to apply to actions for declaratory judgment that commence 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