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A recent letter from Gov. Evers to his cabinet secretaries directs state agencies to promulgate new rules without first submitting them to the Legislature’s Joint Committee for Review of Administrative Rules (JCRAR). Citing a recent ruling by the state Supreme Court that blocked the Joint Finance Committee’s ability to block stewardship purchases, Gov. Evers said “There no longer remains any statutory requirement to wait for legislative committee review before promulgating a rule once I have approved it.” The Governor directed his cabinet secretaries to “submit rules that have made it through that relevant part of the process to the Legislative Reference Bureau for finalization and publication.” He also instructed state agencies to immediately begin initiating new rules where appropriate, as well as “analyze areas in which the Legislature’s prior abuse of power forestalled, delayed, or halted prior rule making in service of the people of our state.”
According to WisPolitics, Legislative Reference Bureau Director Rick Champagne said 27 rules had already been submitted by several different agencies seeking to have the new rules published in the register. However, Mr. Champagne noted the Supreme Court ruling did not address whether standing legislative committees maintain review authority. Under the current rule-making process, once a standing committee receives a proposed rule, the committee has 30 days to review the rule with the option to extend the review period for an additional 30 days. Mr. Champagne said 14 of the 27 rules submitted had made it through the standing committee review process and could be published in the register in accordance with the recent Supreme Court ruling.
Meanwhile, the Joint Committee on Legislative Organization (JCLO), Co-chaired by Assembly Speaker Robin Vos (R-Rochester) and Senate President Mary Felzkowski (R-Tomahawk), is circulating a ballot to direct LRB to “neither finalize nor publish any rules” that have not made it through the standing committee review process. JCLO is the policy-making board for LRB and Mr. Champagne noted “If JCLO so directs, the LRB will not finalize or publish any proposed administrative rules that have not completed standing committee review.”
Speaker Vos and Senate President Felzkowski explained JCLO’s rationale for the ballot in a statement which read “We are following the law and maintaining the fundamental checks and balances of lawmaking. 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.”
The 14 rules that are believed to be ready for publication include:
CR 24-049, Department of Financial Institutions
- Related to: Authorizing one or more additional fee structures and establishing maximum fees or charges that may be made thereunder by adjustment service companies; modifying DFI-Bkg 73 to incorporate certain requirements of the federal Telemarketing Sales Rule
CR 24-054, Department of Safety and Professional Services
- Related to: Temporary licenses
CR 24-062, Department of Safety and Professional Services
- Related to: Implementation of the audiology and speech-language pathology licensure compact
CR 24-080, Department of Safety and Professional Services
- Related to: Continuing education
CR 24-088, Department of Safety and Professional Services
- Related to: Mobile establishments
CR 24-092, Department of Safety and Professional Services
- Related to: Compounding pharmaceuticals
CR 24-093, Department of Safety and Professional Services
CR 24-098, Department of Safety and Professional Services
CR 24-099, Department of Safety and Professional Services
- Related to: Provisional licensure for international physicians.
CR 25-021, Department of Safety and Professional Services
- Related to: Scheduling 2 synthetic benzimidazole-opioids
CR 25-002, Department of Safety and Professional Services
- Related to: Physical examinations
CR 25-020, Department of Safety and Professional Services
- Related to: Protocol requirements
CR 25-012, Department of Safety and Professional Services
- Related to: Advanced practice nurse prescribers
CR 25-003, Department of Safety and Professional Services
- Related to: Supervised Practice
The remaining 13 rules that have not completed the standing committee review include:
CR 23-010, Department of Natural Resources
- Related to: Wisconsin’s water quality antidegradation policy and procedures
CR 23-047, Department of Natural Resources
- Related to: Gray wolf harvest regulations
CR 24-034, Department of Agriculture, Trade and Consumer Protection
- Related to: Flammable, combustible and hazardous liquids and affecting small businesses
CR 24-045, Department of Natural Resources
- Related to: Elk management
CR 24-051, Department of Natural Resources
- Related to: Navigable waterways
CR 24-086, Department of Agriculture, Trade and Consumer Protection
- Related to: Bulk milk collection, sampling, and transportation
CR 24-096, Department of Agriculture, Trade and Consumer Protection
- Related to: Hotels, motels, and tourist rooming houses
CR 25-004, Department of Health Services
- Related to: Prenatal care coordination
CR 25-010, Public Service Commission
- Related to: Service rules for electrical utilities
CR 25-019, Department of Safety and Professional Services
- Related to: Temporary practice
CR 25-032, Department of Natural Resources
- Related to: Fishing regulations on inland, outlying and boundary waters (the 2025 Fisheries Management Spring Hearing rule)
CR 25-036, Department of Safety and Professional Services
- Related to: Definitions and scope of practice
CR 25-046, Department of Workforce Development
- Related to: Technical education equipment grants
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