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STATEMENT OF SCOPE
PURSUANT TO WIS. STAT. § 227.135
WISCONSIN ETHICS COMMISSION
Rule No.:   ETH Ch. 25
Relating to:   Ethics Commission Forms
Rule Type:   Permanent
1. Detailed description of the objective of the proposed rule:
The Ethics Commission proposes to repeal this rule in its entirety.
2. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The Ethics Commission continues to prescribe a variety of forms necessary to the proper administration of Ch. 11, subchapter III of Ch. 13, and subchapter III of Ch. 19; as authorized by Wis. Stat. § 19.48(2). However, maintaining an administrative rule listing such forms is burdensome and does not appear to be statutorily required.
3. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
There is no specific statutory authority for an administrative rule prescribing forms, but the Ethics Commission has general authority for the promulgation of rules to carry out the requirements of Chapters 11, 13, and 19.
Wis. Stat. § 11.1304 (17):
11.1304Duties of the ethics commission. The commission shall:
(17)Promulgate rules to administer this chapter.
Wis. Stat. § 19.48 (1):
19.48Duties of the ethics commission. The commission shall:
(1)Promulgate rules necessary to carry out ch. 11, subch. III of ch. 13, and this subchapter.
Wis. Stat. § 227.11 (2) (a):
227.11 Extent to which chapter confers rule-making authority.
(2)Rule-making authority is expressly conferred on an agency as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.
4. Estimate of the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Commission estimates that it will use approximately 0.05 FTE staff to repeal this rule. This includes time required for research, rule drafting, preparing related documents, coordinating stakeholder meetings, holding public hearings, legislative review and adoption, and communicating the final repeal of the rule to affected persons and groups. The Commission will use existing staff resources to develop this rule.
5. List with description of all entities that may be affected by the proposed rule:
Candidates, political parties, other registered committees; lobbyists and lobbying principals; state public officials; and the general public may be affected by the proposed rule.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The Wisconsin Ethics Commission is unaware of any existing or proposed federal regulation that is applicable to this rule.
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The Wisconsin Ethics Commission anticipates the rule having no economic impact. This proposed rule includes no significant economic impact on small businesses.
Contact person: David P. Buerger
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