Looking to fulfill yet another pledge made on the campaign trail, Wisconsin Gov.-elect Scott Walker recently issued details on his plan to require gubernatorial authority before any new rules coming from state agencies can be adopted into law. Citing that too much power has been given to unelected state bureaucrats and the need for increased accountability of the state’s elected officials, Walker is optimistic that this reform will adequately address these areas.
Multi-faceted reform
In what would be the most sweeping regulatory reform in Wisconsin over the past several decades, Walker seeks to streamline the legislative system and put the power back on the side of the taxpayers and the state’s elected officials. On Jan. 3, the day that he is sworn in as Wisconsin’s next governor, Walker will call a special session of the state legislature entitled the “Wisconsin is Open for Business Special Session” in which he expects the legislature to take up several issues, including his plan for regulatory reform.
Walker’s plan seeks to do three main things: First, it will limit the broad rulemaking authority currently granted to state agencies by requiring that agencies do not write rules or regulations that are more restrictive than measures passed in the state legislature. Secondly, it allows court challenges to be brought against legislative decisions in all Wisconsin counties, whereas such court challenges today can only be brought forward in Dane County. Finally, it requires approval by both the governor and the state legislature before any regulatory measure can become state law.
In his proposed plan, which was released earlier in the week by his transition team in what is being referred to as the “white paper”, state agencies must submit a statement of scope to both the governor and the state legislature detailing what their proposed new law or regulation would be. If any meaningful and measurable changes need to be made to the document, either office can send it back to the agency asking that it be revised. Once the document is revised, it would get sent to the governor first, and if it is approved, it would be sent to the state legislature for final approval. Walker’s plan calls for gubernatorial approval on all agency plans, an unprecedented measure in the history of Wisconsin politics.
Power to the people
Walker feels that this measure will hold elected officials more accountable and will put the power back on the side of Wisconsin residents. As published in The Lakeland Times, Walker noted, “For too long the overregulation of business has stifled job growth within our state and repelled job creators. The common sense reforms contained in our proposal will take the power of regulating away from unelected bureaucrats and put it back where it belongs - in the hands of the people. I believe the Legislature should exclusively have the power to create laws."
Walker’s plan has been endorsed by several within the Wisconsin business community. As published in the Lakeland Times, Laurie Fischer, executive director of the Dairy Business Association, said, “Our dairy businesses have struggled to keep up with an onslaught of ever changing and increasing regulations state agencies have placed upon them. Gov.-elect Walker's paper is a true sign that Wisconsin is open for business. We applaud these reforms and hope the Legislature will vote on these measures as soon as possible."
As published on JSOnline, James Buchen, vice president of Wisconsin Manufacturers & Commerce, the state’s largest business lobbying group, wrote, “These reforms will help businesses create and retain jobs in our state by providing badly needed checks and balances on agencies when they write rules that have the force of law.”
"Unprecedented power grab"
Not all Wisconsin politicians have welcomed Walker’s plan with such praise, however. Many state Democrats fear that Walker’s plan gives too much authority to the governor and does not provide enough checks and balances. As published in the Lakeland Times, State Rep. Peter Barca (D-Kenosha) stated, “A more business friendly regulatory environment is an important goal, so long as it continues to protect worker safety and the environment. However, while the governor-elect has not released many details about his proposal, one concern that jumps out at me is that it appears to simply consolidate more power in the governor's office."
Scott Ross, executive director of One Wisconsin Now, was even harsher in his critique of Walker’s plan. As published in the Lakeland Times, Ross said, “Scott Walker's regulatory plan is to turn the governor's office into the state's largest lobbyist waiting room. This is an unprecedented power grab to ensure Scott Walker's corporate campaign donors can rewrite regulations to their exact corporate liking without having to trouble with public input or scientific impact."
Walker’s plan would require that all state agencies and agency secretaries, who are appointed by the governor, seek his approval before any and all regulatory laws be sent to the state legislature for final consideration. Additionally, Walker’s plan calls for elected state officials not appointed by the governor, such as the state attorney general, to have their proposed regulations be approved by the governor, as well. This would drastically increase the oversight from the governor’s office of the various state agencies.
Walker has spoken out (please see video) on the need of regulatory reform and has made it one of the pillars of his campaign for governor. As published on JSOnline, Walker commented, “It will give any future governor, by putting it in the statutes, the ability to kind of say, 'The buck stops with me.’”
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