A new bill authored by State Rep. Ron Tusler in the Wisconsin Assembly seeks to ensure parties challenging administrative rules can recover reasonable attorney fees and costs, according to the Wisconsin State Assembly.
According to the Wisconsin State Legislature’s official website, the bill was described as follows: “challenges to the validity of administrative rules and making an appropriation. (FE)”.
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
In essence, this bill mandates that if a court declares an administrative rule invalid, the party challenging the rule is entitled to reasonable attorney fees and costs. It amends several statutes to include provisions for allocating funds sufficient to cover these legal expenses from appropriate state accounts, ensuring that expenses under related legal proceedings are met. The bill modifies the procedure for judicial review, allowing courts to declare rules or guidance documents invalid if they violate constitutional provisions, exceed statutory authority, or fail to comply with statutory procedures. This act first applies to a declaratory judgment action filed on its effective date.
The bill was co-authored by Senator Eric Wimberger (Republican-2nd District), Representative Elijah R. Behnke (Republican-6th District), Representative Robert Brooks (Republican-59th District), Representative Calvin T. Callahan (Republican-35th District), Representative Barbara Dittrich (Republican-99th District). It was co-sponsored by Senator Julian Bradley (Republican-28th District), Senator Rachael Cabral-Guevara (Republican-19th District), and Senator Dan Feyen (Republican-20th District), along 22 other co-sponsors.
Ron Tusler has co-authored or authored another 81 bills since the beginning of the 2025 session, with none of them being enacted.
Tusler graduated from the University of Wisconsin-Milwaukee in 2007 with a BA and again in 2010 from Marquette University with a JD.
Tusler, a Republican, was elected to the Wisconsin State Assembly in 2017 to represent the state’s 3rd Assembly district, replacing previous state representative Alvin Ott.
In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.
| Bill Number | Date Introduced | Short Description |
|---|---|---|
| AB275 | 05/30/2025 | Challenges to the validity of administrative rules and making an appropriation. (FE) |
| AB274 | 05/30/2025 | The expiration of administrative rules. (FE) |
| AB189 | 04/15/2025 | An optional final hearing by affidavit for the dissolution of a marriage |
| AB171 | 04/09/2025 | Privacy protections for judicial officers |
| AB170 | 04/09/2025 | Prohibiting the Department of Justice from using the legal services of nongovernmental employees. (FE) |
| AB153 | 04/02/2025 | Income change notifications for child support or maintenance orders |
| AB144 | 03/17/2025 | Eliminating a judgeship from district IV of the court of appeals and establishing an additional judgeship for district III of the court of appeals |
| AB126 | 03/11/2025 | School bus back-up lamps |
| AB73 | 02/24/2025 | Statutory recognition of specialized treatment court and commercial court dockets |
| AB38 | 02/17/2025 | An income tax exemption for cash tips paid to an employee. (FE) |
| AB18 | 02/06/2025 | Fee waivers for state park vehicle admission receipts to pupils with Every Kid Outdoors passes. (FE) |
