Wisconsin 2025 Regular Session Status: To Executive 8 R cosponsors

SB 276 — Relating to: challenges to the validity of administrative rules and making an appropriation. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced May 21, 2025. It awaits signature.

Vetoed by Governor Tony Evers (Democratic) on March 20, 2026.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • To Executive

    Current position in the legislative process.

  • 33 sponsors

    1 primary, 32 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

An Act to amend 20.865 (1) (a), 20.865 (1) (g), 20.865 (1) (q) and 227.40 (4) (a) of the statutes;

Bill Text

What changed in the latest version

18 added · 28 removed

Plain-language change summary

The updated version of SB 276 simplified the language regarding judicial review of administrative rules. It clarifies that if a court finds a rule or guidance document invalid, it will award reasonable attorney fees and costs to the party challenging it, regardless of certain previous limitations. This change matters because it aims to make it easier for individuals or organizations to contest potentially unlawful rules, ensuring that they can recover some of the costs associated with legal challenges.

→
Previous
Latest
- 2026 LEGISLATURE LRB-2512/1 MED:emw SENATE BILL 276 May 21, 2025 - Introduced by SenatorsIMBERGER, BRADLEY, CABRAL-GUEVARA , FEYEN , H UTTON , N ASS, STAFSHOLT and TOMCZYK , cosponsored by Representatives T USLER, A RMSTRONG , B EHNKE , B ROOKS, CALLAHAN , D ITTRIC, GOEBEN , GREEN, GUNDRUM , GUSTAFSON, B.
Date of enactment:
JACOBSON, KNODL , M AXEY, MURPHY , MURSAU , NEDWESKI, NEYLON , O'ONNOR , PIWOWARCZYK , R ODRIGUEZ, STEFFEN, TITT, TRANEL , WICHGERS and W ITTKE.
Senate Bill 276 Date of publication*:
Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
WISCONSIN ACT A N A CT to amend 227.40 (4) (a) of the statutes;
A N A CT to amend 20.865 (1) (a), 20.865 (1) (g), 20.865 (1) (q) and 227.40 (4) (a) of the statutes;
challenges to the validity of administrative rules and making an appropriation.
challenges to the validity of administrative rules.
Analysis by the Legislative Reference Bureau Under current law, the validity of an administrative rule may be challenged in an action for declaratory judgment or in certain other judicial proceedings when material therein.
The people of the state of Wisconsin, represented in sen- award the party asserting the invalidity of the rule or ate and assembly, do enact as follows:
This bill requires a court, if the court declares a rule invalid, to award the party asserting the invalidity of the rule reasonable attorney fees and costs.
guidance document, notwithstanding s.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
814.04 (1), rea- SECTION 1.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
227.40 (4) (a) of the statutes is sonable attorney fees and costs.
SECTION 1.
If the proceeding is a judicial proceeding specified in sub.
20.865 (1) (a) of the statutes is amended to read:
(2), attorney fees amended to read:
20.865 (1) (a) Judgments and legal expenses.
227.40 (4) (a) In any proceeding pursuant to this and costs awarded under this paragraph shall be limited section for judicial review of a rule or guidance docu- to those associated with the challenge to the validity of ment, the court shall declare the rule or guidance docu- the rule or guidance document, as the court so ment invalid if it finds that it violates constitutional pro- determines.
A sum sufficient to pay for legal expenses under s.
visions or exceeds the statutory authority of the agency S ECTION 2.
59.32 (3), for costs under ss.
227.40, 227.485, and 814.245 and for - 2026 Legislature - 2 - LRB-2512/1 MED:emw SENATE BILL 276 SECTION 1 the costs of judgments, orders and settlements of actions, appeals and complaints under subch.
II of ch.
111 or subch.
II or III of ch.
230, and those judgments, awards, orders and settlements under ss.
165.25 (6), 321.42, 775.04, and 895.46 that are not otherwise reimbursable as liability costs under par.
(fm).
Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.
S ECTION 2.
20.865 (1) (g) of the statutes is amended to read:
20.865 (1) (g) Judgments and legal expenses;
program revenues.
From the appropriate program revenue and program revenue — service accounts, a sum sufficient to pay for legal expenses under s.
59.32 (3), for costs under ss.
227.40, 227.485, and 814.245 and for the cost of judgments, orders and settlements of actions, appeals and complaints under subch.
II of ch.
111 or subch.
II or III of ch.
230, and those judgments, awards, orders and settlements under ss.
165.25 (6), 321.42, 775.04, and 895.46 that are not otherwise reimbursable as liability costs under par.
(fm).
Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.
S ECTION 3.
20.865 (1) (q) of the statutes is amended to read:
20.865 (1) (q) Judgments and legal expenses;
segregated revenues.
Show all 61 changed rows (21 more)
Previous
Latest
From the appropriate segregated funds, a sum sufficient to pay for legal expenses under s.
59.32 (3), for costs under ss.
227.40, 227.485, and 814.245 and for the cost of judgments, orders and settlements of actions, appeals and complaints under subch.
II of ch.
111 or subch.
II or III of ch.
230, and those judgments, awards, orders and - 2026 Legislature - 3 - LRB-2512/1 MED:emw SENATE BILL 276 SECTION 3 settlements under ss.
165.25 (6), 321.42, 775.04, and 895.46 that are not otherwise reimbursable as liability costs under par.
(Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.
S ECTION 4.
227.40 (4) (a) of the statutes is amended to read:
227.40 (4) (a) In any proceeding pursuant to this section for judicial review of a rule or guidance document, the court shall declare the rule or guidance document invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was promulgated or adopted without compliance with statutory rule-making or adoption procedures and shall award the party asserting the invalidity of the rule or guidance document, notwithstanding s.
814.04 (1), reasonable attorney fees and costsIf the proceeding is a judicial proceeding specified in sub.
(2), attorney fees and costs awarded under this paragraph shall be limited to those associated with the challenge to the validity of the rule or guidance document, as the court so determines.
If an agency is ordered to pay costs under this paragraph, the costs shall be paid from the applicable appropriation under s.
20.865 (1) (a), (g), or (q).
S ECTION 5.
(1) This act first applies to an action for declaratory judgment commenced on the effective date of this subsection.
or was promulgated or adopted without compliance with (1) This act first applies to an action commenced on statutory rule-making or adoption procedures and shall the effective date of this subsection.
(END)
* Section 991.11, ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
⬇ Download PDF
View plain text versions (3)

Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 3-20-2026

  4. Presented to the Governor on 3-18-2026

  5. Report correctly enrolled

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 53, Noes 45

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Rules suspended to withdraw from Senate message and take up

  13. Read

  14. Received from Senate

  15. Ordered immediately messaged

  16. Read a third time and passed, Ayes 18, Noes 15

  17. Rules suspended to give bill its third reading

  18. Ordered to a third reading

  19. Senate Substitute Amendment 1 adopted

  20. Read a second time

  21. Placed on calendar 2-11-2026 pursuant to Senate Rule 18(1)

  22. Senate Substitute Amendment 1 offered by Senator Wimberger

  23. Available for scheduling

  24. Report passage recommended by Joint Committee on Finance, Ayes 11, Noes 4

  25. Executive action taken

  26. Withdrawn from committee on Senate Organization and rereferred to joint committee on Finance pursuant to Senate Rule 46(2)(c)

  27. Fiscal estimate received

  28. Fiscal estimate received

  29. Available for scheduling

  30. Report passage recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2

  31. Executive action taken

  32. Public hearing held

  33. Fiscal estimate received

  34. Fiscal estimate received

  35. Fiscal estimate received

  36. Fiscal estimate received

  37. Fiscal estimate received

  38. Fiscal estimate received

  39. Fiscal estimate received

  40. Fiscal estimate received

  41. Fiscal estimate received

  42. Fiscal estimate received

  43. Read first time and referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs

  44. Introduced 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 Wittke

Sponsors

  • Tusler · Cosponsor
  • Armstrong · Cosponsor
  • Behnke · Cosponsor
  • Brooks · Cosponsor
  • Callahan · Cosponsor
  • Dittrich · Cosponsor
  • Goeben · Cosponsor
  • Green · Cosponsor
  • Rob Stafsholt · Cosponsor
  • Steve Nass · Cosponsor
  • Dan Feyen · Cosponsor
  • Gundrum · Cosponsor
  • Gustafson · Cosponsor
  • B. Jacobson · Cosponsor
  • Knodl · Cosponsor
  • Maxey · Cosponsor
  • Murphy · Cosponsor
  • Mursau · Cosponsor
  • Nedweski · Cosponsor
  • Neylon · Cosponsor
  • O'Connor · Cosponsor
  • Piwowarczyk · Cosponsor
  • Rodriguez · Cosponsor
  • Steffen · Cosponsor
  • Tittl · Cosponsor
  • Tranel · Cosponsor
  • Wichgers · Cosponsor
  • Wittke · Cosponsor
  • Cory Tomczyk · Cosponsor
  • Rob Hutton · Cosponsor
  • Rachael Cabral-Guevara · Cosponsor
  • Julian Bradley · Cosponsor
  • Eric Wimberger · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 32 co-sponsors · 99 not signed on · 55 voted No

Sponsors (1)

Co-sponsors (32)

Not signed on (99)

99 members have not signed on to this bill.

Show all 99 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read a third time and concurred in

Passed 53 Yea · 45 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 52001
Democrat 04300
Unaffiliated 1200
Total 534501
% of votes cast 54%45%0%1%
How each member voted (99)
Member Party Vote
JOHNSON — Nay
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Nay
Cruz, Angelina Democrat Nay
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Nay
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Nay
McGuire, Tip Democrat Nay
Miresse, Vincent Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Nay
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Nay
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Not Voting

Official roll call →

Read a third time and passed

Passed 18 Yea · 15 Nay
Party YeaNayPresentNot Voting
Republican 18000
Democrat 01200
Unaffiliated 0300
Total 181500
% of votes cast 55%45%0%0%
How each member voted (33)
Member Party Vote
JOHNSON — Nay
DASSLER-ALFHEI — Nay
HABUSH SINYKIN — Nay
Carpenter, Tim Democrat Nay
Drake, Dora Democrat Nay
Hesselbein, Dianne Democrat Nay
Keyeski, Sarah Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Ratcliff, Melissa Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Wall, Jamie Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

public-safety elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 276 do?
An Act to amend 20.865 (1) (a), 20.865 (1) (g), 20.865 (1) (q) and 227.40 (4) (a) of the statutes;
Who sponsors SB 276?
SB 276 is sponsored by Tusler, Armstrong, Behnke, Brooks, Callahan, Dittrich, Goeben, Green, Stafsholt, Rob (Republican), Nass, Steve (Republican), Feyen, Dan (Republican), Gundrum, Gustafson, B. Jacobson, Knodl, Maxey, Murphy, Mursau, Nedweski, Neylon, O'Connor, Piwowarczyk, Rodriguez, Steffen, Tittl, Tranel, Wichgers, Wittke, Tomczyk, Cory (Republican), Hutton, Rob (Republican), Cabral-Guevara, Rachael (Republican), Bradley, Julian (Republican), and Wimberger, Eric (Republican).
What is the current status of SB 276?
This bill has been sent to the executive. Introduced May 21, 2025. It awaits signature.
Where can I track SB 276?
Track SB 276 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 276

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 276

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →