Green Bay Reporter

A bill authored by State Sen. Eric Wimberger in the Wisconsin Senate seeks to clarify procedures and financial responsibilities when courts invalidate administrative rules for constitutional or procedural reasons, according to the Wisconsin State Senate.

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 proposes amendments to existing statutes regarding the adjudication of administrative rules in Wisconsin. It mandates that if a court declares an administrative rule or guidance document invalid due to constitutional violations, exceeding statutory authority, or non-compliance with rule-making processes, the court must award reasonable attorney fees and costs to the challenger. The financial responsibility for these costs falls under specified state fund allocations depending on the source of revenues. Additionally, the bill specifies that attorney fees and costs awarded should only pertain to issues related to the rule's validity. The act is applicable to actions for declaratory judgment initiated on or after the effective date of the bill.

The bill was co-authored by Representative Ron Tusler (Republican-3rd District), Senator Rachael Cabral-Guevara (Republican-19th District), Senator Dan Feyen (Republican-20th District), Senator Rob Hutton (Republican-5th District), and Senator Steve L. Nass (Republican-11th District). It was co-sponsored by Representative David Armstrong (Republican-67th District), Representative Elijah R. Behnke (Republican-6th District), and Representative Robert Brooks (Republican-59th District), along with 22 other co-sponsors.

Eric Wimberger has authored or co-authored another 33 bills since the beginning of the 2025 session, with none of them being enacted.

Wimberger graduated from St. Cloud State University in 2001 with a BS and again in 2005 from Marquette Law School with a JD.

Wimberger, a Republican, was elected to the Wisconsin State Senate in 2025 to represent the state's 2nd Senate district, replacing previous state senator Robert Cowles.

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
SB276	05/21/2025	Challenges to the validity of administrative rules and making an appropriation. (FE)
SB273	05/21/2025	Camera monitor systems as an alternative to mirrors for commercial motor vehicles
SB263	05/20/2025	Findings of fact when the court grants less than equal physical placement of a child
SB254	05/09/2025	Funding for the War Memorial Center and making an appropriation. (FE)
SB198	04/14/2025	Various changes to the unemployment insurance law and requiring approval by the Joint Committee on Finance of certain federally authorized unemployment benefits. (FE)
SB189	04/14/2025	An optional final hearing by affidavit for the dissolution of a marriage
SB162	03/27/2025	Bid requirement for publication and printing of county board proceedings, notices, and advertisements in counties having a population of 250,000 or more and at least two English newspapers published daily
SB161	03/27/2025	A presumption that equalizing physical placement to the highest degree is in the child’s best interest
SB144	03/21/2025	Eliminating a judgeship from district IV of the court of appeals and establishing an additional judgeship for district III of the court of appeals
SB128	03/14/2025	Programs and requirements to address PFAS
SB127	03/14/2025	Exempting certain persons from PFAS enforcement actions under the spills law. (FE)
SB84	02/26/2025	Exempting certain conveyances between grandparents and grandchildren from the real estate transfer fee. (FE)
SB80	02/26/2025	Statutory recognition of specialized treatment court and commercial court dockets
SB55	02/21/2025	Prohibiting the Department of Justice from using the legal services of nongovernmental employees. (FE)
SB51	02/21/2025	Flags flown at state and local government buildings and eliminating a related administrative rule