WisconsinSB 276 would require courts to award fees in rule challenges
SB 276 proposed requiring courts to award reasonable legal costs to successful challengers when rules or guidance documents violate the constitution, exceed agency authority, or bypass required procedures.
What it does
If it took effect, a court would award reasonable legal fees and costs to someone who proves a rule or guidance document is invalid for a listed legal reason. Some cases limit the award to costs tied to the challenge.
Argument forSuccessful challengers could recover reasonable legal costs, which may make it easier to challenge rules that exceed an agency's authority.
Argument againstThe required fee award could raise the stakes for parties defending rules, since a court would award a successful challenger reasonable legal costs.
More detail
A court would award reasonable legal fees and costs to a party whose challenge shows that a rule or guidance document is invalid for a listed legal reason. This applies to court challenges under this section to rules or guidance documents. The court must find that the rule or guidance document violates the constitution, exceeds the agency's legal authority, or was adopted without required procedures. In proceedings listed in subsection (2), the award is limited to costs tied to the challenge, as the court determines. The text says the provision first applies to actions begun on the effective date of the subsection, but gives no calendar date.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 13Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82Latest
- May 12Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)
- Mar 20Report vetoed by the Governor Tony Evers on 3-20-2026Major
- Mar 18Presented to the Governor on 3-18-2026To Governor
- Feb 20Report correctly enrolledMinor
- Feb 13Received from Assembly concurred inMinor
- Feb 12Ordered immediately messaged
- Vote recorded CONCURRENCE. Result: pass.Lower
- Feb 12Read a third time and concurred in, Ayes 53, Noes 45Passed House
- Feb 12Rules suspended
- Feb 12Ordered to a third readingMinor
- Feb 12Read a second timeMinor
- Feb 12Rules suspended to withdraw from Senate message and take up
- Feb 12Read
- Feb 12Received from SenateMinor
- Feb 11Ordered immediately messaged
- Vote recorded PASSAGE. Result: pass.Upper
- Feb 11Read a third time and passed, Ayes 18, Noes 15Passed Senate
- Feb 11Rules suspended to give bill its third reading
- Feb 11Ordered to a third readingMinor
- Feb 11Senate Substitute Amendment 1 adoptedMajor
- Feb 11Read a second timeMinor
- Feb 9Placed on calendar 2-11-2026 pursuant to Senate Rule 18(1)
- Feb 6Senate Substitute Amendment 1 offered by Senator WimbergerMinor
- Feb 3Available for scheduling
- Vote recorded Report passage recommended by Joint Committee on Finance, Ayes 11, Noes 4. Result: pass.Upper
- Feb 3Report passage recommended by Joint Committee on Finance, Ayes 11, Noes 4Minor
- Feb 3Executive action taken
- Jan 30Withdrawn from committee on Senate Organization and rereferred to joint committee on Finance pursuant to Senate Rule 46(2)(c)Minor
- Jan 14Fiscal estimate receivedMinor
- 2025
- Dec 4Fiscal estimate receivedMinor
- Nov 7Available for scheduling
- Vote recorded Report passage recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2. Result: pass.Upper
- Nov 7Report passage recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2Minor
- Nov 7Executive action taken
- Oct 9Public hearing held
- Aug 4Fiscal estimate receivedMinor
- Jun 30Fiscal estimate receivedMinor
- Jun 13Fiscal estimate receivedMinor
- Jun 13Fiscal estimate receivedMinor
- Jun 13Fiscal estimate receivedMinor
- Jun 5Fiscal estimate receivedMinor
- Jun 4Fiscal estimate receivedMinor
- Jun 4Fiscal estimate receivedMinor
- Jun 2Fiscal estimate receivedMinor
- May 28Fiscal estimate receivedMinor
- May 21Read first time and referred to Committee on Licensing, Regulatory Reform, State and Federal AffairsMinor
- May 21Introduced by Senators Wimberger, Bradley, Cabral-Guevara, Feyen, Hutton, Nass, Stafsholt and Tomczyk; cosponsored by Representatives Tusler, Armstrong, Behnke, Brooks, Callahan, Dittrich, Goeben, Green, Gundrum, Gustafson, B. Jacobson, Knodl, Maxey, Murphy, Mursau, Nedweski, Neylon, O'Connor, Piwowarczyk, Rodriguez, Steffen, Tittl, Tranel, Wichgers and WittkeIntroduced
Government & Ethics