Republicans move to block proposed rules, accuse Evers of ‘flagrantly’  disregarding law

GOP lawmakers are moving to block the Evers administration’s efforts to implement nearly half of the proposed rules the guv wants to take effect without first going through JCRAR.

If approved as expected, it would halt Gov. Tony Evers’ effort to immediately implement new guidelines for regulating the wolf population in Wisconsin, updating the state’s antidegradation policy for surface water, and managing the elk herd.

The GOP-controlled Joint Committee on Legislative Organization yesterday circulated a ballot to direct the Legislative Reference Bureau to “neither finalize nor publish any rules” that had not yet complied with standing committee requirements.

The ballot is due back today.

Evers has cited a summer Supreme Court ruling in his push to implement the proposed rules. But Assembly Speaker Robin Vos and Senate President Mary Felzkowski, the JCLO co-chairs, noted that decision maintained the Legislature “alone maintains the ability to amend, expand, or limit the breadth of administrative rulemaking in other branches.” They argued Evers’ push contradicted that ruling.

“We are following the law and maintaining the fundamental checks and balances of lawmaking,” Vos, R-Rochester, and Felzkowski, R-Tomahawk, said. “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 spokesperson Britt Cudaback said Republicans “are reaching new levels of lawlessness,” from President Donald Trump trying to take over Washington, D.C., to Texas Republicans drawing a new congressional map to those “in Wisconsin who appear poised to disobey decisions made by our state’s highest court.”

Cudaback added, “Republicans are not above the law—they should follow the law like everyone else is expected to.”

In all, the Evers administration sent 27 rules to LRB seeking to have them published in the register on Monday. That would begin a process culminating in them taking effect Oct. 1.

To back up its effort, the guv pointed to a state Supreme Court ruling this summer that found the Joint Committee for Review of Administrative Rules didn’t have the power to indefinitely suspend regulations proposed by agencies.

Earlier this week, LRB Director Rick Champagne told WisPolitics that decision didn’t address the power of standing committees to review administrative rules. They have 30 days to review a proposed rule after receiving it and can extend that an additional 30 days.

Champagne said yesterday his agency has determined 14 of the proposed rules have completed the standing committee process and were referred to JCRAR. The list includes 13 from the Department of Safety and Professional Services, including one setting the requirements for an international physician to obtain a provisional license. Champagne said he believes those are ready for publication under this summer’s Supreme Court ruling.

Champagne said that decision didn’t address the constitutionality of the standing committee review process. He also noted JCLO is the policy-making board for his agency and has the authority to direct how LRB will carry out its statutory duties.

“If JCLO so directs, the LRB will not finalize or publish any proposed administrative rules that have not completed standing committee review,” Champagne said.

The proposed rules that haven’t made it through the standing committee process include an antidegradation policy, which comes after multiple failed efforts to align it with federal rulemaking since the EPA updated requirements in 2015. 

Meanwhile, the wolf management plan, approved by the Natural Resources Board in 2023, lays out guidelines for regulating the wolf population in Wisconsin, including how a wolf hunt would be conducted if gray wolves are removed from the endangered species list.

And the elk management package includes a continuous hunting season, whereas previous rules had closed a portion in the middle. A Senate committee in March voted 3-2 to request modifications, and the agency agreed to consider them.

Other proposed rules on the list of 13 that haven’t made it through the standing committee process include DATCP’s move to modernize the administrative code on hotels, motels and tourist rooming houses. That includes modernizing smoke and carbon monoxide alarm placement and a new licensing structure with three types: tourist rooming house, hotel or motel, and specialty lodging.

Evers sent a letter to agencies Aug. 12 arguing the Supreme Court ruling means the “Legislature must act through legislation if it wishes to suspend, delay, or veto an administrative rule.” He also wrote there was no longer a requirement to wait for legislative committee review before promulgating a rule once he’d approved it.

He also suggested agencies initiate the process to create new rules where appropriate.

“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,” Evers wrote.