(The Center Square) – A group of Wisconsin lawmakers are proposing two ways to change rulemaking in the state after lawmakers’ ability to review and approve rules was taken away following a state Supreme Court ruling last year.
Rep. Brent Jacobson, R – Mosinee, was the chair of Assembly Speaker Robin Vos’ Task Force on Rulemaking and on Tuesday announced the proposals, which included a constitutional amendment to either temporarily or permanently suspend administrative rules by passing a joint resolution and a bill that would repeal state agencies’ authority to create rules or regulations interpreting statutes.
“The Wisconsin Supreme Court’s decision in Evers v. Marklein II stripped the Legislature of any meaningful way to oversee the rules and regulations passed by state bureaucrats,” Jacobson said in a statement. “In three public hearings across Wisconsin, we listened to testimony from farmers, builders, taxpayers, and other stakeholders.
“Not one of them was comfortable with their elected representatives having no voice in the rulemaking process. The bills that I introduced this morning will restore checks and balances over our state agencies, and ensure that state regulators are accountable to the people of our state.”
Constitutional amendments must pass consecutive legislatures before going on a statewide ballot for approval while bills must pass both the Senate and Assembly before being signed into law by the governor.
Gov. Tony Evers last year challenged legislative oversight of rulemaking, winning a case and then directing state agencies to create rules and then send them to the Legislative Reference Bureau for publication without those rules being first submitted to a committee.
Evers’ process was questioned by legislative leaders, with Vos calling it “outside the law” and led to the task force, which held public hearings before introducing the proposed changes.
