Assembly Bill 223
Awarding costs in administrative agency actions
Topics: Administrative procedure, Court: Procedure, State agencies
Stopped in committee
It had a but no committee vote, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Aug 18, 2011
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Committee, stopped here
Stopped here. It had a hearing but no committee vote.
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Assembly vote, not reached
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ”
It sat with the Assembly Committee on Judiciary and Ethics.
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, if an individual, small nonprofit corporation, or a small business is the prevailing party in an administrative agency contested case, in an action brought by an agency, or in a judicial review proceeding under s. 227.485 (6), that prevailing party is entitled to an award of costs unless the court finds the agency was substantially justified in taking its position or if such an award would be unjust under the circumstances. If the prevailing party is an individual, that party is not entitled to recover costs if the party's federal adjusted gross income was $150,000 or more in each of the three years prior to the commencement of the action. Current law also requires hearing examiners and courts in this state to be guided by federal case law as of November 20, 1985, when interpreting these provisions governing costs to prevailing parties.
This bill eliminates financial and entity size limitations for prevailing parties to be eligible to receive costs in administrative agency actions, allowing an award of costs to any trust or person, other than the state, that is a prevailing party unless the court finds the agency was substantially justified in taking its position or if such an award would be unjust under the circumstances. This bill also eliminates the requirement that hearing examiners and courts rely on federal case law as of November 20, 1985, when interpreting these provisions governing costs to prevailing parties.
Who's behind it
9 lawmakers are its . All 9 are Republicans.
4 more lawmakers .
See all 13 names Hide the names
Authors (9)
- Edward Brooks · Republican, Assembly
- Mark Honadel · Republican, Assembly
- André Jacque · Republican, Senate
- Joe Knilans · Republican, Assembly
- Mike Kuglitsch · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- Richard Spanbauer · Republican, Assembly
- Duey Stroebel · Republican, Senate
- Evan Wynn · Republican, Assembly
Signed on in support (4)
- Glenn Grothman · Republican, Senate
- Jim Holperin · Democrat, Senate
- Frank G. Lasee · Republican, Senate
- Lena Taylor · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Mar 23, 2012
The session ended, and the bill died with it.
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Jan 26, 2012
A state agency sent in its estimate of the cost.
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Oct 7, 2011
A state agency sent in its estimate of the cost.
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Sep 30, 2011
A state agency sent in its estimate of the cost.
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Sep 29, 2011
The committee held a public hearing.
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Sep 29, 2011
A state agency sent in its estimate of the cost.
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Sep 27, 2011
A state agency sent in its estimate of the cost.
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Sep 22, 2011
A state agency sent in its estimate of the cost.
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Sep 7, 2011
A state agency sent in its estimate of the cost.
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Aug 18, 2011
Sent to the Assembly Committee on Judiciary and Ethics.
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Aug 18, 2011
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Aug 18, 2011 · Assembly
Introduced by Representatives Mursau, Honadel, Spanbauer, Wynn, Knilans, Jacque, Brooks, Kuglitsch and Stroebel;Cosponsored by Senators Grothman, Taylor, Lasee and Holperin
- Aug 18, 2011 · Assembly
Read first time and referred to committee on Judiciary and Ethics
- Sep 7, 2011 · Assembly
Fiscal estimate received
- Sep 22, 2011 · Assembly
Fiscal estimate received
- Sep 22, 2011 · Assembly
Fiscal estimate received
- Sep 22, 2011 · Assembly
Fiscal estimate received
- Sep 22, 2011 · Assembly
Fiscal estimate received
- Sep 27, 2011 · Assembly
Fiscal estimate received
- Sep 29, 2011 · Assembly
Fiscal estimate received
- Sep 29, 2011 · Assembly
Public hearing held
- Sep 30, 2011 · Assembly
Fiscal estimate received
- Oct 7, 2011 · Assembly
Fiscal estimate received
- Jan 26, 2012 · Assembly
Fiscal estimate received
- Mar 23, 2012 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate