November 8, 2011
The Honorable, The Senate:
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I am pleased to nominate and with the advice and consent of the Senate, do appoint
Rose
, Timothy,
of Appleton, as a member of the Fox River Navigational System Authority, to serve for the term ending July 1, 2014.
Respectfully submitted,
SCOTT WALKER
Governor
Read and referred to committee on Transportation and Elections.
State of Wisconsin
Office of the Governor
November 8, 2011
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Shore
, Sue ,
of Wausau, as a member of the Wisconsin Housing and Economic Authority, to serve for a term ending January 1, 2016.
Respectfully submitted,
SCOTT WALKER
Governor
Read and referred to committee on Economic Development and Veterans and Military Affairs.
State of Wisconsin
Office of the Governor
November 8, 2011
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Smith
, Bill,
of Madison, as a member of the Prison Industries Board, to serve for the term ending May 1, 2015.
Respectfully submitted,
SCOTT WALKER
Governor
Read and referred to committee on Labor, Public Safety, and Urban Affairs.
State of Wisconsin
Office of the Governor
November 8, 2011
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Underbakke, Gail,
of Madison, as a member of the Dietitians Affiliated Credentialing Board, to serve for the term ending July 1, 2015.
Respectfully submitted,
SCOTT WALKER
Governor
Read and referred to committee on Health.
State of Wisconsin
Office of the Governor
November 8, 2011
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Van De Hey, Ron,
of Kaukauna, as a member of the Fox River Navigational System Authority, to serve for the term ending July 1, 2014.
Respectfully submitted,
SCOTT WALKER
Governor
Read and referred to committee on Transportation and Elections.
State of Wisconsin
Office of the Governor
November 8, 2011
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Wagner
, Tammy,
of Stevens Point, as a member of the Real Estate Examining Board, to serve for the term ending July 1, 2013.
Respectfully submitted,
SCOTT WALKER
Governor
Read and referred to committee on Insurance and Housing.
__________________
Read first time and referred:
Senate Bill 291
Relating to: authorizing the sale or transfer of tax credits in counties experiencing high rates of unemployment.
By
Senators
Wanggaard and Holperin; cosponsored by Representatives Knilans, Wynn, Kerkman, Ringhand, Turner, Bies, Jacque, Stroebel, Ballweg and Loudenbeck.
To committee on Economic Development and Veterans and Military Affairs.
Senate Bill 292
Relating to: reporting of the principal place of employment of certain individuals who make political contributions.
By
Senator
Grothman
; cosponsored by Representatives Nass, Craig, Endsley, Kapenga, Kooyenga, LeMahieu, A. Ott, Thiesfeldt and Van Roy.
To committee on Transportation and Elections.
__________________
State of Wisconsin
Office of the Governor
executive order #50
Relating to Guidelines for the Promulgation of Administrative Rules
WHEREAS, 2011 Wisconsin
Act 21 reformed the administrative rulemaking process in Wisconsin in order to increase accountability, clarify agency regulatory authority, and evaluate the economic impact of all new and amended state administrative rules; and
WHEREAS, Wis. Stat. § 227.10(1) requires that each agency statement of policy and each interpretation of a statute adopted to govern its enforcement or administration of that statute shall be promulgated as a rule, and Wis. Stat. § 227.01(13) defines a rule as "a regulation, standard, statement of policy or general order of general application which has the effect of law and which is issued by an agency to implement, interpret or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency;" and
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WHEREAS, Wis. Stat. § 227.10(2m) requires an explicit grant of authority under statute or administrative rule before a state agency can implement or enforce any standard, requirement, or threshold, including as a term or condition of any license issued by the agency; and
WHEREAS, Wis. Stat. §§ 227.11(2)(a)1. to 3. defines agency authority to promulgate administrative rules, specifically providing the following:
A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rulemaking authority on the agency or augment the agency's rulemaking authority beyond the rulemaking authority that is explicitly conferred on the agency by the legislature.
A statutory provision describing the agency's general powers or duties does not confer rulemaking authority on the agency or augment the agency's rulemaking authority beyond the rulemaking authority that is explicitly conferred on the agency by the legislature.
A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision; and
WHEREAS, Wis. Stat. §§ 227.135(2), 227.24(1)(e)1d. requires the Governor to approve a statement of scope before an agency may proceed with rulemaking, Wis. Stat. § 227.185 requires the Governor to approve a final draft rule before it is submitted to the Legislature for review, and Wis. Stat. § 227.24(1)(e)1g. requires the Governor to approve an emergency rule before it is filed with the Legislative Reference Bureau and published in the official state newspaper; and
WHEREAS, Wis. Stat. § 227.137 requires state agencies to complete an Economic Impact Analysis (EIA) for every proposed rule in coordination with local governmental units that may be affected and to solicit information and advice from and consult with businesses, associations representing businesses, local governmental units and individuals that may be affected by the proposed rule; and
WHEREAS, Wis. Stat. § 227.10(2m) establishes that "[t]he Governor, by executive order, may prescribe guidelines to ensure that rules are promulgated in compliance with [Subchapter II of Chapter 227 of the Wisconsin Statutes]."
NOW THEREFORE, I, Scott Walker, Governor of the State of Wisconsin, by virtue of the authority vested in me by the Constitution and the laws of Wisconsin, specifically Wis. Stat. § 227.10(2m), do hereby direct that state agencies shall comply with the requirements of Subchapter II of Chapter 227 and this Executive Order when promulgating administrative rules.
I. General Provisions
1.
To assure timely and proficient review of administrative rules in accordance with this Executive Order and with Wis. Stat. § 227.10(2m), the Governor's Office of Regulatory Compliance is hereby established.
2.
Each agency that develops any document interpreting, clarifying, or explaining statutes and rules that regulate individuals or entities or local governmental units, shall submit a copy to the Governor's Office of Regulatory Compliance via AdministrativeRules@Wisconsin.gov prior to its finalization by that agency.
3.
Each agency shall submit to the Governor's Office of Regulatory Compliance all materials required to be submitted under Subchapter II of Chapter 227. This includes all publicly available materials submitted to the Legislative Council Rules Clearinghouse, Legislative Reference Bureau, Department of Administration, Chief Clerks of the State Assembly and State Senate, legislative standing committees, and the Joint Committee for Review of Administrative Rules.
4.
The electronic submission of materials to the State Budget Office, via SBOAdminRules@wisapps.wi.gov or as the State Budget Office otherwise prescribes, shall fulfill an agency's duty, under Chapter 227 and Paragraph I.3. of this Executive Order, to submit materials to the Governor, the Governor's Office of Regulatory Compliance, or the Department of Administration.
5.
Each statement of scope submitted by an agency on or after June 8, 2011 is subject to review and approval by the Governor as required by Wis. Stat. §§ 227.135(2), 227.24(1)(e)1d. and Paragraph II.1. of this Executive Order. An EIA shall be prepared as required by Wis. Stat. § 227.137 and Paragraph IV.1. of this Executive Order if the draft rule is submitted to the Legislative Council Rules Clearinghouse under Wis. Stat. § 227.15 on or after June 8, 2011. An EIA is not required when an agency promulgates an emergency rule. A final draft rule or emergency rule is subject to review and approval by the Governor, as required by Wis. Stat. §§ 227.185, 227.24(1)(e)1g. and Paragraph V.1. of this Executive Order, if the statement of scope for the rule or emergency rule was submitted on or after June 8, 2011.
6.
The language of Wis. Stat. § 990.001(11) concerning severability and Wis. Stat. § 990.01 concerning construction of words and phrases are intended to apply to this Executive Order.
II. Statements of Scope
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1.
A statement of scope shall be submitted to the Governor's Office of Regulatory Compliance for approval by the head of the agency proposing a rule or emergency rule or by a deputy or executive assistant who has been authorized to do so by the agency head under Wis. Stat. §§ 15.04(2) or 15.05(3). Statements of scope shall be submitted electronically, as prescribed in Paragraph I.4. of this Executive Order, and contain the following information as required by Wis. Stat. § 227.135(1).
