Wednesday, May 11, 2016

How corrupt is the Walker administration? Read up on 2011 Wisconsin Act 21 for the answer.

Background reading:

Wisconsin Governor Walker Signs Regulatory Reform Bill into Law.  (The National Law Review, 7/1/2011)
Highlights the following key changes:
  • Agency authority to promulgate rules must be explicit
  • Agency authority to implement standards or enforce licenses/permits restricted
  • Governor must approve rules before promulgation, including emergency rules, and has authority to prescribe guidelines 
  • Economic impact analysis
  • Change in venue to actions to review validity of administrative rules

Changing the Rules on Rulemaking.  (Wisconsin Lawyer, August 2011)
Provides a before and after Act 21 report of the following legislative activities
  • Agency decision to promulgate
  • Scope statement
  • Submitting proposed rules to Wisconsin Legislative Council
  • Public hearing
  • Economic impact report
  • Submitting a proposed rule to the legislature
  • Legislative review of proposed rule
  • Placement of rule in administrative code

Scott Walker’s Stealth Bomb: Act 21.  (Wisconsin Citizens Media Cooperative, 4/27/2012)
This law vests in the Governor’s office all power to enact, amend and enforce administrative rules. Administrative rules have the same force and effect as statutory laws passed by the legislature. They are rules promulgated by state agencies that affect every aspect of public life from workers’ compensation to the environment; from education to transportation and wages.

Consequently, the latest action by Republican Attorney General Brad Schimel should come as no surprise.

Photo credit: State of Wisconsin

What a most convenient set-up, eh?

No comments: