The Senate passed a bill Thursday that would change the rulemaking process by giving the governor more power to review proposed rules.
The bill would require government agencies to clear proposed rules with Gov. Scott Walker prior to the rules being sent to the Legislature, and all rules would have to go under analysis to determine what the economic impact of implementation would be.
The bill would also change current law that only requires rules to undergo an economic analysis if the proposed rule would cost affected persons more than $20 million. Instead, every proposed rule would have to undergo an economic impact analysis, Rep. Thomas Tiffany, R-Hazelhurst, author of the bill, said.
Republicans said they felt the bill was a necessary step because the current rule process takes too much time and resources away from valuable endeavors.
“This bill will potentially save us from fewer 10 hour hearings,” Sen. Leah Vukmir, R-Wauwatosa, co-chair of the Joint Committee for Review of Administrative Rules, said.
Vukmir and the JCRAR heard testimony on a wind-siting rule that took over nine hours on Wednesday.
Republicans also said the bill would essentially hold the governor accountable for any consequences from the rule by making the governor approve and put his name on the rule before it sees the Legislature and becomes law.
“It makes the governor more responsible for the actions that come out of the Legislative branch,” Vukmir said.
However, Democrats disagreed with the language and intent of the bill. They claimed the bill gave too much power to the governor and would not bring responsibility to the governorship.
Sen. Jon Erpenbach, D-Middleton, said this bill is a mistake and gives away too much power to the governor. He said legislative committees traditionally control the rulemaking process, and the bill would essentially diminish that power, which would skew the balance of power between branches of government.
Other Democratic lawmakers related the bill to a power grab by a Republican majority Legislature and for their Republican governor.
Sen. Robert Jauch, D-Poplar, said the majority party is making a mistake by protecting its party without regard to the political institution as a whole. He said he questioned whether the Republicans are only in favor because of the current Republican governor.
Sen. Julie Lassa said a Democratic governor would never have been given the power Republicans are giving Walker.
“Would you have given Gov. Jim Doyle this kind of power”? Sen. Julie Lassa, D-Stevens Point, asked. “Of course you wouldn’t.”
Lassa added that the bill would give power to future governors who may not be supportive of conservative causes, and the current Republican lawmakers would regret passing this bill.
Although Republicans said requiring the governor to sign off on rules would effectively hold him accountable, Lassa said the governor already had enough power as well as a friendly Legislature that would not criticize any rule Walker signs that results in negative consequences.
The Senate attached a technical amendment to the bill, which must now be sent back to the Assembly for a vote. If the Assembly passes the bill, Walker is expected to sign it soon thereafter.
