MADISON, WI – Last week, Representative Brent Jacobson (R – Mosinee) introduced a package of bills relating to agency rulemaking. This legislation was developed from the Speaker’s Task Force on Rulemaking, which was tasked with investigating state agency regulations, and how to restore legislative oversight to the rulemaking process.

“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,” said Rep. Jacobson. “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.”

LRB-5973 would amend the Wisconsin Constitution to allow the Assembly and the Senate to either temporarily or permanently suspend administrative rules by passing a joint resolution. This would give the Legislature the ability to undo regulations which impose heavy costs or compliance burdens on Wisconsinites.

LRB-5970 repeals a broad grant of authority to state agencies to create rules or regulations interpreting statutes, even if the statute does not grant rulemaking authority. It replaces this with a requirement that state agencies have specific and explicit statutory authority to promulgate rules. This will ensure agency regulations do not exceed what was intended by state law.

“I want to thank Speaker Vos for appointing me to chair the Task Force on Rulemaking,” said Rep. Jacobson. “I am confident that these bills will restore the accountability and predictability our farmers, businesses, and local communities need to prosper.”

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