(The Center Square) – Wisconsin’s Republican legislative leadership is pushing back on Gov. Tony Evers’ attempt to push through rulemaking without legislative oversight.
Evers sent an Aug. 12 letter to his cabinet members stating “there no longer remains any statutory requirement to wait for legislative committee review before promulgating a rule once I have approved it.”
The ruling came in a pair of cases, including one where the court determined that the Joint Committee for Review of Administrative Rules overstepped its power by indefinitely blocking a zoning rule until a new law could be created in the future.
But the court was careful to maintain who could retain the power in the rulemaking process.
“Before concluding we note that the Legislature retains power over the administrative rulemaking process regardless of our determination here,” the majority opinion from Justice Jill Karofsky said. “The Legislature created the current process. It alone maintains the ability to amend, expand, or limit the breadth of administrative rulemaking in the other branches—as long as it adheres to the constitution, including the provisions of bicameralism and presentment.”
In response to Evers’ recent directive, Assembly Speaker Robin Vos and Senate President Mary Felzkowski said “We are following the law and maintaining the fundamental checks and balances of lawmaking. The governor is flagrantly disregarding the rule of law and egregiously abusing the power of his office. If the governor’s actions go unchecked, Wisconsinites would no longer have an opportunity for public testimony on rules that carry the full force of law. We will not let this happen.”
Evers had advised cabinet members to review previous rulemaking and propose items that were blocked in the past.
“I am directing agencies to review your statutorily provided authority to promulgate rules and, where appropriate, initiate rules,” Evers wrote. “More specifically, I respectfully request that you analyze areas in which the Legislature’s prior abuse of power forestalled, delayed, or halted prior rulemaking in service of the people of our state.”
