Madison, WI – Representative Ron Tusler (R-Harrison) issued the following statement after the Wisconsin Assembly passed Assembly Bill 275 to challenge the constitutional validity of administrative rules, and, when such rules are deemed invalid by a court, to require reimbursement for the legal fees of the party that brought the claim. Assembly Bill 275 is part of a broader package bills called the “Red Tape Reset” designed to reduce unnecessary and burdensome regulations.
“Wisconsin is one of the most overregulated states in the country, coming in at 2nd in the Midwest and 13th in the nation. This needs to change. Administrative agencies should not be able to set laws without checks on their constitutionality. Currently, anyone who brings a suit against an administrative rule is required to pay their own legal fees, even if the court decides that rule violates the constitution. My bill empowers everyday Wisconsinites and small businesses to fight back against unconstitutional bureaucratic overreach without bankrupting the little guy. In turn, by making legal recourse more accessible to everyday citizens, unelected bureaucrats may think twice about making rules that violate the rights of Wisconsinites, especially when the cost of the lawsuit comes out of those agencies own budget.”
A report by the Wisconsin Institute for Law & Liberty (WILL) found that by cutting even just 10% of the red tape in Wisconsin, state GDP could grow by $6.6 billion by 2037. This streamlined model has already undergone successful implementation in other states. For example, in less than 5 years, Idaho was able to cut over 50% of regulations in the state, providing a gold standard for regulatory reform.
Removing the financial strain from everyday individuals and businesses to bring cases against poorly conceived and unconstitutional administrative rules is a step in the right direction that strengthens accountability and public oversight in our government. By making it easier to cut red tape, Wisconsin can unlock its full economic potential. This means more jobs, opportunity, economic growth, and lower prices for local families and businesses. It’s about time that Wisconsin joins Idaho and other states like Ohio, Texas, and more in rolling back the red tape and unleash our full economic potential.”
