Waukesha Times

In 2017, the REINS Act (Regulations from the Executive in Need of Scrutiny) was passed in Wisconsin, a move that was welcomed by conservatives across the state. The law aims to make administrative rule-making more challenging and provides the legislature with active oversight over executive branch rule promulgation.

Rule promulgation is intended to implement legislative intent as expressed through democratically enacted statutes. It requires a grant of power or authority from the legislative branch to the executive. However, for years, Wisconsin's bureaucracy had been using both macro-political and micro-political means to thwart legislative efforts. An example cited is the state Department of Natural Resources (DNR), which used a broad interpretation of the state's Public Trust doctrine to limit development in northern Wisconsin while enforcing changing interpretations of its rules at the local level.

The REINS Act introduced several reforms to the rule-making process. One key provision mandates that state agencies perform economic impact statements for each proposed rule. If implementation and compliance costs exceed $10 million over two years, the agency must halt its promulgation unless it modifies it or until a bill authorizing promulgation is passed by the legislature and signed by the governor.

State Representative Adam Neylon (R-Pewaukee), co-chairman of JCRAR, believes that "the law has worked as intended" and provided greater transparency into administrative actions. He noted that "some of the nuts and bolts of it have brought more transparency into the system," allowing public hearings at an early stage in the process.

Neylon further emphasized that this transparency has been beneficial for public participation: “I think that’s been very helpful and impactful for being able to have people that come in and testify.”