SS 033-17

AMENDED STATEMENT OF SCOPE

PURSUANT TO WIS. STAT. § 227.135

WISCONSIN ETHICS COMMISSION

Rule No.:   ETH Ch. 21

Relating to:   Ethics Commission Practice and Procedure

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 has not authorized the staff of the Commission to issue advisory opinions on behalf of the Commission. If the Commission chooses to authorize the issuance of such opinions pursuant to Wis. Stat. § 19.46(2)(b), it plans to do so by adoption of an agency policy rather than an administrative rule.

3.   Detailed explanation of statutory authority for the rule (including the statutory citation and language):

Wisconsin law provides for the Commission to authorize the commission administrator or his or her designee to issue informal advisory opinions on the Commission’s behalf.

Wis. Stat. § 19.46 Conflict of interest prohibited; exception.

(2)(b)

1. The commission may authorize the commission administrator or his or her designee to issue an informal written advisory opinion or transmit an informal advisory opinion electronically on behalf of the commission, subject to such limitations as the commission deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the commission, statute or other law, and case law.

2. Any individual may request in writing, electronically, or by telephone an informal advisory opinion from the commission under this paragraph. The commission's designee shall provide a written response, a written reference to an applicable statute or law, or a written reference to a formal advisory opinion of the commission to the individual, or shall refer the request to the commission for review and the issuance of a formal advisory opinion.

3. Any person receiving an informal advisory opinion under this paragraph may, at any time, request a formal advisory opinion from the commission on the same matter.

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):

11.1304 Duties of the ethics commission. The commission shall:

(17) Promulgate rules to administer this chapter.

Wis. Stat. § 19.48(1):

19.48 Duties 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):